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HomeMy WebLinkAbout_2021 02 22 City Commission Regular Meeting AgendaCITY COMMISSION REGULAR MEETING AGENDA MONDAY, FEBRUARY 22, 2021 - 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1 CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. PFM Asset Management LLC presentation on the highlights of the most recent Quarterly Investment Report for the period ending 12/31/2020. Steven Alexander - Bio Presentation 101. Consumptive Use Permit & Smart Irrigation Update Consumptive Use Permit Presentation Smart Irrigation Update Presentation INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Minutes from the Monday, February 8, 2021 City Commission Regular Meeting Minutes PUBLIC HEARINGS AGENDA 400. Winter Springs Marketplace - Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement. Winter Springs Marketplace Staff Report Exhibit 1 - Vicinity Map Exhibit 2 - Aesthetic Review 20210121 Exhibit 3 - Waiver Request 20210121 Exhibit 4 - Final Engineering Plans Winter Springs Marketplace 20210121. Exhibit 5 - Master Sign Plan 20210121 Exhibit 6 - Specimen Tree Removal 20210121 Exhibit 7 - Development Agreement 20210202 2 REGULAR AGENDA 500. Discussion on Impact of Tree Mitigation Costs 501. Discussion on Bicycle and Pedestrian Advisory Committee Ordinance 2010-06 Creating the Bicycle and Pedestrian Advisory Committee 502. Appointment Opportunities for City Boards and Committees REPORTS PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 3 Steven Alexander, CTP, CGFO, CPPT, CEC Managing Director PFM Asset Management LLC Steven Alexander is a managing director in the Orlando office and is responsible for creating and co-directing PFM’s investment advisory and treasury management business in the South. He provides investment advisory services to a variety of organizations including local governments and nonprofits, as well as the multi- asset class investment management services. He established the Trusted Advisor Certificate Training Program, in conjunction with the Crummer Graduate School of Business Rollins College. Currently, Steven serves on the Investment Policy Certification Committee for the Association of Public Treasurers of the United States, and has served as a Government Finance Officers Association (GFOA) Standing Advisor for the Treasury and Investment Management Committee. He is the vice chairman of the Stetson University Board of Trustees, and is a member of the Association of Governing Boards of Universities and Colleges. He served on the Board of Directors of the Advent Health Foundation Cardiovascular Institute, and currently serves on the Central Florida Coalition for the Homeless, Orlando Regional Chamber of Commerce and the Orlando Economic Partnership. Steven is a member of the International Business Honor Society Beta Gamma Sigma and holds a mini-MBA from Rollins College Crummer Graduate School of Business. He completed the University of Notre Dame Mendoza College of Business Nonprofit Executive Management Program, Endowment Institute at Yale University’s School of Management, and Yale School of Management Executive Education Investment Management Theory and Practice. Contact 300 S. Orange Avenue Suite 1170 Orlando, FL 32801 alexanders@pfm.com 407.406.5750 office Specialties Specialized Services, Asset Management State & Local Governments, K- 12 Schools, Endowments & Foundations Education B.B.A . in Finance Stetson University B.S. in Accounting Florida Southern College Professional Designations or Licenses FINRA Series 6 & 63 licenses Certified Treasury Professional (CTP) Certified Government Finance Officer (C GF O) Certified Public Pension Trustee (CPPT) Certified Executive C oach (CEC) Started with PFM: 1996 Started in the Field: 1986 RESUMES OF KEY PROFESSIONALS Retrieved February 15, 2021 4 © PFM 0 Investment Program Update February 22, 2021 PFM Asset Management LLC 213 Market Street Harrisburg, PA 17101 734.994.9700 pfm.com 5 © PFM 1 Executive Summary The Investment Portfolio is of high credit quality and invested in U.S. Treasury, federal agency/GSE, municipal, and commercial paper securities. The Investment Portfolio’s quarterly performance of 0.06% outperformed its benchmark performance of 0.05% by 0.01%. For the year, the Portfolio returned 1.76% compared to 1.82% for the benchmark. At the beginning of 2020, interest rates across the yield curve were above 1.5%. Once Covid-19 hit and caused the shutdown of the world economy, the Fed took swift action to bring rates down to 0-0.25% in two emergency meetings. Yields across all sectors were pushed downwards from both the Fed’s actions and a flight to quality, from equities into fixed income securities. Due to these factors, yields have remained low. During the fourth quarter, the U.S. Treasury yield curve has begun to steepen. Short term rates (on maturities less than 5 years) were essentially unchanged, while yields on maturities beyond five years increased by 10-25 basis points. Economic conditions during the fourth quarter were characterized by: •a resurgence of coronavirus cases and the initial vaccine rollout; •a presidential election with Joe Biden set to take office in January; •additional fiscal stimulus designed to offset the lingering economic impact of the pandemic; •Federal Reserve commitment to near-zero rates and accommodative monetary policy; •continued, but decelerating, economic recovery in the U.S. and globally; and •surging equity markets with major U.S. stock indexes reaching new all-time highs. As 2020 ends, the uncertainties of 2021 now come into focus. Significant central bank intervention is expected to continue. The speed of vaccine rollouts will ultimately drive the pace of the anticipated “return to normalcy.” 6 © PFM 2 Source: Nasdaq, Barron’s, HIS Markit, and Foreign Policy. Most recent data as of 1/04/2021. 2021 Market Expectations Fed policies will remain accommodative Interest rates will remain at near-zero levels Effective COVID-19 vaccines and treatments will become available to large populations Economic growth spurred by reopenings and returning to “normal” •IMF predicts global growth to be 5.2% •The Fed expects U.S. growth to be 4.2% 7 © PFM 3 0.00% 0.50% 1.00% 1.50% 2.00% Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 3-& 10-Year Treasuries Treasury Yields: A Year in Review Source: Bloomberg, as of 01/11/2021. March 2020 Pandemic-induced flight to quality Q3 & Q4 Economic recovery; modest steepening January 2021 Democrats win control of Congress; longer-term yields spike 8 © PFM 4 COVID Cases Surge, But Vaccine Inoculations Expected to Ramp Up Quickly Source (left): John Hopkins University Coronavirus Resource Center, PFM calculations; as of 1/19/2021. Source (right): COVID-19 Vaccine Projections website, CDC, as of 1/22/2021. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Dec '20 Mar '21 Jun '21 Sep '21 Dec '21Percent of PopulationProjection of U.S. Population Immunity to Coronavirus immunity threshold immunity from vaccine immunity from COVID infection 0K 50K 100K 150K 200K 250K 300K Mar-20 Jun-20 Sep-20 Dec-20 New Cases Reported Daily7-Day Moving Average California Texas Florida New York Illinois Rest of U.S. 9 © PFM 5 U.S. Economic Momentum Slows in Q4 80 90 100 110 120 130 140 150 Dec-18 Jun-19 Dec-19 Jun-20 Dec-20 Conference Board Consumer Confidence Source: Bloomberg, as of January 2020. SAAR is seasonally-adjusted annual rate. 0.1%0.8% -0.4% -8.2% -14.7% 18.3% 8.6% 1.1%1.4%1.7% -0.1% -1.4%-0.7% -20% -10% 0% 10% 20% Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 Retail Sales -15% -10% -5% 0% 5% Jan-20 Apr-20 Jul-20 Oct-20 Jan-21 NY Fed Weekly Economic Index 400 500 600 700 800 900 1,000 1,100 2015 2016 2017 2018 2019 2020ThousandsNew Home Sales (SAAR) 10 © PFM 6 $100 $105 $110 $115 $120 $125 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 2018 2019 2020TrillionsHousehold Net Worth Accumulated Savings and Wealth Are Likely to Fuel Future Spending $8 $10 $12 $14 $16 $18 $20 2006 2008 2010 2012 2014 2016 2018 2020 Personal Savings in U.S.(trillions) Source (left): Federal Reserve, as of December 2020. Sources (right): U.S. Bureau of Economic Analysis and FRED. savings disposable income consumer spending 11 © PFM 7 Federal Reserve Update on Status of Liquidity Programs Sources: Bloomberg and the Federal Reserve, as of 01/15/2021. 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% Dec-15 Dec-17 Dec-19 Dec-21 Dec-23 Fed Funds Rate Future Projections $0 $1 $2 $3 $4 $5 $6 $7 $8 2005 2010 2015 2020TrillionsAssets of the Federal Reserve Other Agency Mortgage-Backed Treasury Federal Reserve Monetary Policy Fed committed to low rates through 2023 Fed’s asset purchase program remains in place •monthly purchases of $80B in Treasuries and $40B in agency MBS Key pandemic liquidity support programs were terminated at year end •Fed transferred $62B of excess funds back to Treasury Changes in Fed governance could be a factor in 2021 •One vacancy on Federal Reserve Board •Four new voting members of FOMC for 2021 •Various Chair/Vice Chair terms expire over the next 1-2 years, including that of Jerome Powell’s 12 © PFM 8 Inflation Expectations Reach Fed Target But Actual Inflation Lags 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 2015 2016 2017 2018 2019 2020 Inflation Indicators 10 Yr. Breakeven Rate Core PCE YoY Source: Bloomberg and Federal Reserve Bank of St. Louis, most recent data as of 1/14/2021. The breakeven inflation rate is derived from the difference between the yield on 10-year Treasury notes and 10-year Treasury Inflation-Protected Securities (TIPS). The latest value implies what market participants expect inflation to average over the next 10 years. Fed’s average inflation target 13 © PFM 9 Longer-Term Yields Rise While Short-Term Yields Remain Near Zero Source: Bloomberg, as of 1/26/2020. 0.07% 0.42% 1.05% 0.14% 0.0% 0.5% 1.0% 1.5% 3 M 1 Y 2 Y 3 Y 4 Y 5 Y 10 YMaturity US Treasury Yield Curve January 26, 2021 September 30, 2020 December 31, 2020 14 © PFM 10 Short-Term CP Yields Increased in Q4 Even as Supply Subsided Money Market Yield Curves Source: PFM Trading Desk as of 12/31/2020. 0.00% 0.10% 0.20% 0.30% 0.40% 0.50% 1 2 3 4 5 6 7 8 9 10 11 12 Maturity in Months Agencies Treasuries 9/30/2020 CD/CP 12/31/2020 CD/CP 15 © PFM 11 PFM Managed Investment Portfolio Portfolio Characteristics General City Account Portfolio Benchmark: 1 Year U.S. Treasury Index 4th Quarter Total Return 0.06%0.05% Trailing 1 Year Total Return 1.76%1.82% Yield to Maturity at Cost 0.66%0.12% Effective Duration 0.89 years 0.91 years Average Credit Quality AA AA U.S. Treasury47.8% Federal Agency20.5% Commercial Paper28.1% Municiapl Securities3.6% Sector Allocation 55.7% 40.4% 4.0%0.0%0.0%0.0%0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 0-1 Years 1-2 Years 2-3 Years 3-4 Years 4-5 Years >5 Years Maturity Distribution A-122.30% A-1+5.80% AA0.90% AA-1.10% AA+68.30% AAA0.90% SP1+0.60% Credit Distribution 16 © PFM 1217 © PFM 13 Asset Allocation Chart –Sector Breakdown 18 © PFM 14 Asset Allocation Chart –Issuer Breakdown 19 © PFM 15 Portfolio Composition -2020 20 © PFM 16 Disclosures This material is based on information obtained from sources generally believed to be reliable and available to the public, however PFM Asset Management LLC cannot guarantee its accuracy, completeness or suitability. This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation.All statements as to what will or may happen under certain circumstances are based on assumptions, some but not all of which are noted in the presentation. Assumptions may or may not be proven correct as actual events occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Past performance does not necessarily reflect and is not a guaranty of future results. The information contained in this presentation is not an offer to purchase or sell any securities. 21 A DISCUSSION OF THE COMPSUMPTIVE USE PERMIT FEBRUARY 22, 2021 22 THE COMSUMPTIVE USE ISSUE 23 24 108 gal/day 82 gal/day 25 Conservation Rate Structure Expansion of Reuse Enforcement 26 CITY OF WINTER SPRINGS PROPOSED CONSERVATION PROGRAM •Conservation Education •Outreach to Homeowners Associations •Outreach to the Highest Users •Workshops •Enhance Web page •Other Communication Tools •Giveaway Programs •Community Events/Organizations •Homeowners Associations •Mail in/Pick up requests •Aerators •Auto-shutoff hose •Rain gauges •Showerheads •Toilet Flaps •Rebate Programs •Partnership with Vendors •Rebate Programs for the following items •Low-flow toilets •Moisture sensors •Hot water re-circulators •Irrigation timers •Irrigation Wells 27 350 day/day 28 CITY OF WINTER SPRINGS PROPOSED CONSERVATION PROGRAM Extension of reuse infrastructure 8% Planned Projects Reuse study is funded and scheduled to begin TuskawillaReuse line extension (379 lots) Future Project Winters Springs Village (202 lots) Jessup Landing (common area irrigation) Chestnut Estates (50 lots) Chestnut Ridge (52 lots) 29 30 31 32 22Feb21 - Update Save Water and Money Support & Encourage the Adoption of Smart Water Application Technology (SWAT) in the City of Winter Springs (9Sept2019) Art Gallo 407-977-4353 22 Feb 2021 art.gallo@icloud.com 33 The Smart Water System • An irrigation system that tailors watering schedules and run times to automatically meet specific landscape needs – *Weather-based systems - use technology to monitor local weather data (Hunter Pro-HC) – On site moisture sensor systems - use technology to measure soil moisture • Both systems automatically monitor and track water flow 2/17/2021 2 34 What’s the Problem? • The City does not recognize the exceptions to the Florida Administrative Code (FAC) for reclaimed water use at anytime for landscape irrigation – SJRWMD est. SWAT water savings - 30-50% – EPA estimates savings of 8,800 gals/year • Current City reclaimed watering policy (2 days/week) makes it pointless for our residents to purchase and install a SWAT system 2/17/2021 3 35 ~27.5 Months Water Use Analysis 2/17/2021 4 420 Days 404 Days SWAT water use Non-SWAT use Home ~Savings 6Dec19-28Jan21 26Oct18-3Dec19 199 85%23,983 gal.156,040 gal. 201 66%35,289 gal.105,300 gal. • The data prove that SWAT works! •Trained user/installer = correct controller set-up = water saved • Our Hunter Controllers programmed to allow irrigation on 5 of 7 days/week *~Totals 77%59,272 gal.261,340 gal. *202,068 gallons saved by using SWAT 36 Bottom Line Up Front • Modify City Code - Allow for SWAT use of up to 5 days a week (any 5 days) with reclaimed water SWAT irrigation systems; Investigate its same use with potable water irrigation systems – SJRWMD offers 50% cost-share & Rebate Program which City should apply for ASAP • Request permanent approval for a waiver to current City Code of amount & frequency of irrigation for 199 & 201 Nandina Terrace 2/17/2021 5 37 About the City’s Pilot Study • 13 Nov 2019 – City authorized Pilot Study for 2 residents to use SWAT – Relaxed coded limitations on amount & Frequency of irrigation for 199 & 201 Nandina – Allowed the use of SWAT (7 days week) – City Customer Service Manager tracked our water use, pre and post study • Note: City has 20+ years of our water-use data 2/17/2021 6 38 17 Months Later • 20 Jan 2021 - Submitted email Findings & Recommendations to City Staff. Includes: – All raw data using “Hunter Pro-HC” 6 zone Controller & Rain-Clik; Hunter 1inch Flow Meter; Hydrawise App • ~03Dec2019 to 20Jan2021 – Controller trigger settings, and Hunter set-up guidance specifically for Winter Springs residents • Reviewed by Hunter Industries and UF Dr. Michael Dukes (Director, Agricultural and Biological Engineering Dept.) – Completed the Hunter Hydrawise Controller Specialist Course 115-S – 6 specific steps the City should take in conjunction with adopting the use of SWAT, and with updating irrigation codes - especially for new construction within the City limits 2/17/2021 7 39 SWAT Works! • Modify City Code - Allow for SWAT use of up to 5 days a week (any 5 days) with reclaimed water SWAT irrigation systems; Investigate its same use with potable water irrigation systems – SJRWMD offers 50% cost-share & Rebate Program which City should apply for ASAP • Request permanent approval for a waiver to current City Code of amount & frequency of irrigation for 199 & 201 Nandina Terrace 2/17/2021 8 40 Back-Ups • Approximate costs (“SiteOne”) – Hunter Pro-HC Controller (6zone) ~$162.00 – Hunter Wireless Rain-Clck ~$65.00 – Hunter “Hydrawise App” ~$66.00/year ---------------------------------------------------------- – Hunter 3/4inch Brass Flow Meter ~$100.00 – Shielded cable ~.49cents/foot – Misc ~$40.00 2/17/2021 9 41 6 Steps to Adopting SWAT 1. Acknowledge that the use of SWAT technology alone, without proper training, will not yield anticipated water saving benefits •Strongly recommend that the City offer incentives to installers and Citizens who attend/complete training (on-line is fine) on how to properly install, program, and use SWAT Controller Systems 2/17/2021 10 42 6 Steps to Adopting SWAT 2. Develop ICW Vendors (E.g., Hunter Technologies) some sort of SWAT Certification and Recertification Training for Irrigation Contractors •Contractors who complete the training could be placed on a "Recommended List" and would become eligible to receive any vendor rebates or other incentives •Perhaps UCF, UF (Dr. Dukes), and/or Seminole State College could also play a training role here 2/17/2021 11 43 6 Steps to Adopting SWAT 3. Develop ICW Vendors (E.g., Hunter Technologies) some sort of SWAT Training Program specifically for Homeowners who wish to install SWAT systems and obtain City/County permission to deviate from the current irrigation schedule 2/17/2021 12 44 6 Steps to Adopting SWAT 4. Advocate the use of the SJRWMD Florida Water Star guidance – See: https://floridawaterstar.com •This is a great source of water saving standards and guidelines for use by all 2/17/2021 13 45 6 Steps to Adopting SWAT 5. Explore what Alachua County and Winter Park have done to advocate SWAT be implemented in new construction •Consider adopting the same kind of policy here in the City and in Seminole County 2/17/2021 14 46 6 Steps to Adopting SWAT 6. Require the installation and use of brass water "Check Valves" or "Master Valves" (between the home and the City Meters) in all new irrigation watering systems to prevent "back-flow" • Encourage their installation and use in existing systems 2/17/2021 15 47 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, FEBRUARY 8, 2021 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 48 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 2 OF 11 CALL TO ORDER Mayor Charles Lacey called the Regular Meeting of Monday, February 8, 2021 of the City Commission to order at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor Charles Lacey, present Deputy Mayor Ted Johnson, present Commissioner Matt Benton, present Commissioner Kevin Cannon, present Commissioner TiAnna Hale, present via telephone Commissioner Rob Elliott, present City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Commissioner Elliott offered the invocation. Commissioner Cannon asked that Item 300 be moved to the regular agenda for further discussion. There was no objection and the item was moved to the regular agenda. In reference to Item 401, Commissioner Cannon noted he needed more time to review the information with staff and asked that the item be postponed to the February 22, 2021 City Commission Regular Meeting. Staff was agreeable to the postponement. Mayor Lacey then opened the floor to public input for the motion to postpose Item 401. No one spoke on the motion and Mayor Lacey closed public input. "MOTION TO POSTPONE ITEM 401 MOVING IT TO A TIME CERTAIN MEETING OF FEBRUARY 22, 2021." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: COMMISSIONER BENTON: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER HALE: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. 49 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 3 OF 11 AWARDS AND PRESENTATIONS 100) Traffic Study Update Manager Boyle introduced the item noting Chief Chris Deisler, Winter Springs Police Department and Mr. Christopher Schmidt, Director, Community Development Department would be providing brief updates. Chief Deisler referenced previous discussions about speed limitations near Winter Springs Elementary, noted discussions with the Florida Department of Transportation (FDOT) and the possibility of adding sight enhancements such as flashing lights or signs. Chief Deisler informed the Commission that he had requested FDOT review this for the area in question. Chief Deisler then noted efforts to reduce the speed limit on State Road 419 to 45 miles per hour to slow traffic prior to the intersection at Edgemon Avenue. Discussion followed on digital speed sign data, the patrol presence, and safety concerns regarding the speed limit in relation to the Cross-Seminole Trail. Mr. Schmidt then presented his update noting the completion of the signal warrant analysis which was currently awaiting a response from FDOT, current work to develop the scope of work for the next phase of the road study, and a request submitted by the City to lower the speed limit on State Road 419 and to provide additional trail access. Commissioner Elliott asked for a status update on the deceleration lane into Winding Hollow. Manager Boyle noted a certification that had recently been attained and noted that work would be scheduled to begin in early 2022. INFORMATIONAL AGENDA 200) Current Economic and Community Development Projects Summary Cover Page 20210208 Agenda Item #200 Projects Summary.pdf This item was not discussed. PUBLIC INPUT Ms. Loretta Ames, 150 Third Street, Winter Springs noted her involvement on the Bicycle and Pedestrian Advisory Committee, expressed frustration at not being able 50 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 4 OF 11 to meet recently and not hearing a presentation from Seminole County, and noted her hope that a special meeting could be held. Discussion followed on the possibility of having Seminole County present trail plans in front of the Commission, the Bicycle and Pedestrian Advisory Committee’s meeting frequency, and the potential of adding alternates or at-large members to avoid quorum issues. Attorney Garganese noted that a change to the number of board members would require a change to the ordinance establishing the committee. Commissioner Cannon then asked that a discussion on adding seats be placed on the February 22 City Commission agenda. Mr. Maurice Kaprow, PO Box 195233, Winter Springs spoke about streetlight issues, commenting on slow response times and inaction by Duke Energy and suggested negotiating an adjustment with Duke to avoid paying for lights that don’t work. Mr. Winston Schwartz, 217 North Westmonte Drive, Altamonte Springs, Florida discussed concerns and frustrations with the City’s tree ordinance including tree bank fees which he believed made the costs associated with development exceed the economic value of the property. Discussion followed on the appropriateness of addressing this issue during public input. Mr. Schmidt noted a pre-application meeting had been completed and a non- binding review application had been filed for the property Mr. Schwartz was referencing. Attorney Garganese commented that public input was not a forum for introducing an application but that individuals are entitled to public input. Mr. Michael Schrimsher, 600 East Colonial Drive, Suite 100, Orlando, Florida noted the previous speaker’s using his property as an example and expressed his frustration with the arbor ordinance and what he perceived as unconstitutional and arbitrary regulation. Mr. Schrimsher spoke about the history of his properties and working with the City and noted that he believed the City kept erecting barriers with the tree ordinance making development impossible. Mr. Paul Partyka, 404 Park Lake Drive, Winter Springs discussed the arbor ordinance, costs to be considered by developers, frustration with the process, and requested that this be on a future agenda for the Commission to discuss in depth. Mr. Andrew Koberlein, 643 Nighthawk Circle, Winter Springs noted attendance at last meeting, requested several documents, and asked about the possibility of a surcharge to pay for the construction of new wastewater treatment plants noting he was in favor of paying more to accomplish the task. 51 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 5 OF 11 CONSENT AGENDA 301) FY 2022 Budget Calendar Cover Page Budget Calendar for FY2022.pdf 302) Minutes from the Monday, January 25, 2021 City Commission Regular Meeting Minutes "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. DISCUSSION. VOTE: COMMISSIONER HALE: AYE COMMISSIONER BENTON: AYE COMMISSIONER ELLIOTT: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER CANNON: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA 400) Second Reading of Ordinance 2021-01 Creation of the Little Lake Howell/Lake Tuskawilla Management Municipal Service Benefit Unit (MSBU) Cover Page Ordinance 2021-01 Little Lake Howell MSBU.pdf Attorney Garganese read Ordinance 2021-01 by title only. Ms. Maria Sonksen, Director, Finance Department, was available for questions and noted no changes had been made since first reading. Mayor Lacey opened the Public Hearing for Item 400. Mr. Kevin McCann, 1109 Pheasant Circle, Winter Springs asked about the number of homes in Winter Springs that would be included in the Municipal Services Benefit Unit. Mayor Lacey closed the Public Hearing for Item 400. Manager Boyle noted eight (8) houses in Winter Springs that border the lake would be included. 52 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 6 OF 11 "MOTION TO APPROVE ORDINANCE 2021-01." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: COMMISSIONER BENTON: AYE COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON: AYE COMMISSIONER HALE: AYE DEPUTY MAYOR JOHNSON: AYE MOTION CARRIED. 401) Winter Springs Marketplace - Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement. Cover Page Winter Springs Marketplace CC Staff Report_FINAL Exhibit 1 - Vicinity Map Exhibit 2 - Aesthetic Review 20210121 Exhibit 3 - Waiver Request 20210121 Exhibit 4 - Final Engineering Plans Winter Springs Marketplace 20210121 Exhibit 5 - Master Sign Plan 20210121 Exhibit 6 - Specimen Tree Removal Letter 20210121 Exhibit 7 - Development Agreement 20210202 This item was postponed to the February 22, 2021 City Commission Regular Meeting. REGULAR AGENDA 300) Streetlight Reimbursement Rate Cover Page Chart - Duke Energy Reimbursement Rate for past 12 year.pdf This item was pulled from the Consent Agenda by Commissioner Cannon. Discussion followed on non-working streetlights and Commissioner Cannon proposed drafting a resolution to have City staff catalog inoperative streetlights, report outages to Duke, and bring any concerns about responsiveness to the attention of the Public Service Commission. Further discussion focused on the historical nature of this issue, details of the franchise agreement, the leasing of the equipment from Duke, and the possibility of the City being better able to address the issue. The Commission directed Manager 53 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 7 OF 11 Boyle to send Duke Energy a letter noting safety concerns, the need for timely responses to reported outages, taxpayer concerns, and noting their failure to address the issue would be reported to the Public Service Commission. Manager Boyle noted the current process of weekly notices to Duke Energy regarding outages and confirmed he would send a letter detailing the concerns. "MOTION TO APPROVE A $0.33 DECREASE TO THE 2021 STREETLIGHT REIMBURSEMENT RATES, BRINGING THE RATE FOR TLBD TO $13.19 AND $13.37 FOR THE OTHER COMMUNITIES WITH DECORATIVE STREETLIGHTS IN ACCORDANCE WITH THE REVISED RATE SCHEDULE FROM DUKE ENERGY, EFFECTIVE JANUARY 1, 2021." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: DEPUTY MAYOR JOHNSON: AYE COMMISSIONER BENTON: AYE COMMISSIONER CANNON: AYE COMMISSIONER HALE: AYE COMMISSIONER ELLIOTT: AYE MOTION CARRIED. 500) Appointment Opportunities for City Boards and Committees Cover Page "MOTION TO APPOINT RICHARD OTTO TO VETERAN BOARD CONTINGENT TO APPLICATION AND VERIFICATION." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER HALE: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER BENTON: AYE COMMISSIONER ELLIOTT: AYE MOTION CARRIED. "MOTION TO APPOINT ROBERT MILLER TO VETERAN BOARD AT-LARGE." MOTION BY COMMISSIONER CANNON. SECONDED BY DEPUTY MAYOR JOHNSON. DISCUSSION. VOTE: COMMISSIONER ELLIOTT: AYE COMMISSIONER CANNON: AYE 54 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 8 OF 11 COMMISSIONER BENTON: AYE DEPUTY MAYOR JOHNSON: AYE COMMISSIONER HALE: AYE MOTION CARRIED. "MOTION TO REAPPOINT NANCY GREENBERG TO THE PARKS AND RECREATION ADVISORY COMMITTEE." MOTION BY ROB ELLIOTT. MOTION FAILED FOR LACK OF A SECOND. REPORTS 600) City Manager Shawn Boyle • Noted pension returns o Commissioner Cannon commended the work of Shawn and the Board of Trustees o Commissioner Cannon addressed Mr. Koberlein’s public input noting the undertaking of a rate study and then asked Manager Boyle if a report would be made to the Commission at a future date. Manager Boyle noted meetings with Florida Department of Environmental Protection and confirmed that information will be brought back before the Commission. o Commissioner Cannon suggested an ordinance revision to require fourteen (14) days between items going to the Planning and Zoning Board and then coming before the City Commission. The Commission agreed and Attorney Garganese noted that this could be drafted and would have to first go before the Planning and Zoning Board and then could be brought back. 601) City Attorney Anthony A. Garganese • No Report 602) City Clerk Christian Gowan • No Report 603) Seat Five Commissioner Rob Elliott • Noted previous discussions about social media and reiterated support for using Facebook and similar platforms as one way communication methods. • Asked about the possibility of a Winter Springs farmers market o Ms. Howard noted the City had previously had a farmer’s market and that she was engaged in discussions about possibly getting this restarted. 55 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 9 OF 11 • Discussed proposed City Work day noting meetings he was having and the high amount of interest. o Attorney Garganese noted that there would be no issue with City Commissioners participating in the cleanup efforts and confirmed with Chief Deisler that properties with active Code Enforcement cases would not be suggested as that could pose challenges. 604) Mayor Charles Lacey • Asked for update about Senior Center o Manager Boyle discussed conversations with surrounding cities and reiterated desire to open as soon as it is safe. Continuing, Manager Boyle noted most senior centers in the County were still closed and that vaccination efforts are being monitored in the discussions of when a reopening date can be established. 605) Seat One Commissioner Matt Benton • Noted attendance at Chamber Luncheon where County Commissioners were speaking. • Noted many people are closed in at home and the strain on individual’s mental health this created. Commissioner Benton asked if the City could help list resources available to struggling individuals. o Manager Boyle and Chief Deisler noted that the City does keep in contact with seniors and also mentioned collaborations with the Seminole County Sheriffs Office related to the opioid and mental health crises. 606) Seat Two Commissioner Kevin Cannon • Mentioned faith-based organizations as a resource for individuals and asked that the City create a resource index to be featured on the website. • Noted conversations with individuals at CDC and others to see what guidelines could be used to help make determinations about therapy pool. “MOTION TO EXTEND THROUGH SECOND PUBLIC INPUT.” MOTION BY DEPUTY MAYOR JOHNSON. SECONDED BY COMMISSIONER CANNON. MOTION WAS PASSED BY UNANIMOUS CONSENT. 607) Deputy Mayor/Seat Three Commissioner Ted Johnson • Asked if city managers were coming together to determine soft-opening dates for area senior centers. o Manager Boyle noted regular communications with managers and health experts. Continuing, Manager Boyle noted vaccinated seniors 56 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 10 OF 11 would likely be the first group able to participate in any senior center activities and that the therapy pool would likely be limited for some time. o Ms. Howard noted the efforts to work with AARP in opening the senior center for tax filing appointments. o Manager Boyle assured the Commission that a formal plan would be presented prior to the opening of the Senior Center 608) Seat Four Commissioner TiAnna Hale • Asked Staff to look into the Jobs Growth Incentive Grant Program listed in the City Code and suggested revisiting the • Thanked all that came out for Food Truck Grab n' Go • Noted Ranchlands Park grand opening on February 10 at 4:00 PM • Reminded everyone about the Drive-In Movie on February 26 where Zootopia would be shown. • Noted feedback on medical center and wanted to dispel rumors of apartments going up • Noted plans to attend a Covid-19 crisis webinar and offered to share the information with Manager Boyle for him to distribute. • Manager Boyle spoke briefly about medical office and noted that the City would be asking for a rendering drawing to be displayed to help dispel rumors. PUBLIC INPUT Ms. Donna Kittell, 508 Osprey Lane, Winter Springs thanked Manager Boyle and Ms. Howard for the daily water update on the City website and for the tour of the wastewater plant. Ms. Kittell also asked about the availability of reclaimed water and being charged for water that cannot be used. Manager Boyle noted the base fee for the reclaimed meter and that no usage charges should be accruing. Manager Boyle said he was unsure if he had the ability to waive base fees. Mr. Andrew Koberlein, 643 Nighthawk Circle, Winter Springs asked when the requested information would be available. Expressed concern about sediment and components of water. Manager Boyle noted that he had reported what he was aware of and noted that responsive records would be sent by the end of the week. ADJOURNMENT Mayor Charles Lacey adjourned the meeting at 8:57 P.M. 57 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, FEBRUARY 8, 2021 | PAGE 11 OF 11 RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN GOWAN CITY CLERK APPROVED: ____________________________________ MAYOR CHARLES LACEY NOTE: These Minutes were approved at the _________________, 2021 City Commission Regular Meeting. 58 PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | FEBRUARY 22, 2021 REGULAR MEETING TITLE Winter Springs Marketplace - Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocery store, retail uses, medical, fitness center, and fast food restaurants. RECOMMENDATION Staff recommends that the City Commission approve the Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocery store, retail uses, medical, fitness center, and fast food restaurants, with the recommended conditions of approval. Staff does not recommend approval of the Waiver request #8 (4), the fourth monument sign. 59 F TITLE Winter Springs Marketplace - Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocery store, retail uses, medical, fltness center, and fast food restaurants. General Information Applicant Tuscawilla Property Investors, LLC (Equinox Development | Ryan Stahl) Property Owner(s) Tuscawilla Property Investors, LLC Anna Ondick, as successor trustee of the Robbie R. Ondick Revocable Trust Location Southwest of the intersection between State Road 434 and Tuskawilla Road Tract Size ±8.278 gross acres Parcel ID Numbers 36-20-30-502-0000-0070 (Vacant), 36-20-30-502-0000- 0080 (Vacant), 36-20-30-502-0000-0090 (Vacant), 26-20-30-5AR-0A00-008F (Former Pinch-A-Penny) Zoning Designation Town Center (T5) S.R. 434 Corridor Overlay District FLUM Designation Town Center/Commercial Adjacent Land Use North: East S.R. 434 / ROW East: Tuskawilla Road South: Vacant West: Residential S.R. 434 Frontage Minimum 25-feet (Internal Side Streets 5 ft.) Maximum 100-feet PUBLIC HEARINGS AGENDA ITEM 40 0 CITY COMMISSION | MONDAY, FEBRUARY 22, 2021 REGULAR MEETING 60 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 2 OF 38 Height Town Center: Two stories minimum S.R. 434: Up to *Five stories (*limited to 2 stories per the Development Agreement) Setbacks Town Center Front: 25 ft. – 50 ft. (from front property line) Rear: 15 ft. Side: 5 ft. min. - 100 ft. max. (from side property line) Lot Width 18 ft. min., 180 ft. max. Development Standards Lot Coverage: 100% Development Permits Waivers | Pending Development Agreement Development Agreement Code Enforcement Not applicable City Liens Not applicable Background Data: The Community Development Department received an application from Tuscawilla Property Investors, LLC to construct Winter Springs Marketplace. The subject property (approximately ±8.278 gross acres in size) is pentagonal in shape, generally bounded to the north by State Road 434, to the east by Tuskawilla Road, to the south by a vacant property and to the west by a residential community. Once aggregated, the parcels are anticipated to be developed in two phases, in a cohesive design to promote a development supportive to the City by bringing many retail uses to one single site. The development includes; mass grading of the entire site, master stormwater and utilities infrastructure, perimeter landscaping, streetscaping, and a wall located on eastern side of the property boundary. 61 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 3 OF 38 Proposed Layout: The entire site is master planned and will include flve (5) buildings all of which will consist of faux second stories. Aesthetic review for Buildings B and C will be presented to the City Commission at a later date.  Building A: Heartland Dental | Medical Offlce | 4,280 SF | ±21 ft. high  Building B: Chipotle w/ drive-through window | 2,325 SF  Building C: Fast Food Restaurant w/ drive-through window 3,056 SF  Building D: Crunch Fitness | Retail | 19,200 SF | ±34.5 ft. high  Building E: Dollar Tree | Retail | 10,000 SF | ±30 ft. high  Building F: Aldi | Retail | 19,209 SF | ±29 ft. high The total gross area for all proposed buildings is 58,070 SF. The anticipated completion for the entire project is scheduled for 2-3 years after approval of the flnal engineering. Public Notices: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately flve-hundred feet (500) of the subject property and all Homeowner’s Associations on flle with the City Winter Springs (220 notices). A Community Workshop was held on May 28, 2020 and a Workshop fiyer was mailed to all owners of real property adjacent to and within approximately flve-hundred feet (500) of the subject property and all Homeowner’s Associations on flle with the City Winter Springs (218 fiyers) on May 6, 2020. There were approximately 15 persons in attendance at the Community Workshop and there were several questions related to the project, but no objections regarding the proposed development. Also, subsequent meetings were held with the Applicant and adjacent neighbors negotiate additional conditions of approval. Phasing and Conditional Approval of Final Engineering for Building C: As noted above, Tuscawilla Property Investors, LLC (TPI) and Anna Ondick, as successor trustee of the Robbie R. Ondick Revocable Trust (the “Trust”), are both the Applicants for the proposed Final Engineering Plans. During the application process, it was City staff’s understanding that TPI was in the process of acquiring the Property owned by the Trust to create a unifled parcel for development. However, in November 2020, TPI acquired only 8.278 acres of property from the Trust rather than the entire 10.23 acres that is shown on the Final Engineering Plans. The Trust has retained approximately 1.95 acres of property at the corner of SR 434 and Tuskawilla Road. Section 20-29(c) of the City Code requires that as a 62 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 4 OF 38 condition of approval by the City Commission, all flnal engineering/site plans shall be required to be memorialized in a binding Development Agreement executed by the City and the property owner. However, for this project, the Trust is not a party to the proposed Development Agreement. Accordingly, at this time, the City cannot approve Final Engineering Plans that affect the 1.95 acres of property retained by the Trust. Instead, the Development Agreement provides that approval of the Final Engineering Plans affecting the 1.95-acre Trust Property, which is most easily identifled as Building C Fast Food Restaurant with drive-thru window and the Future Development Area of 1.32 acres, is contingent upon TPI acquiring the Trust Property within one year of the Effective Date of the Agreement. Absent this acquisition, contingent approval of the portion of the Final Engineering Plans affecting the Trust Property, excluding clearing, grading and seeding/grass plans, will be rescinded and void. If, however, TPI acquires the Trust Property, the Development Agreement will automatically extend to the Trust Property and the full Final Engineering Plans (including the Building C Fast Food Restaurant) will be deemed approved. In effect, there may be two phases of development for the buildings and structures shown on the Final Engineering Plans: Phase I will refer to the currently-owned TPI property 8.278 acres in size and Phase II may occur if TPI acquires the Trust Property within one year of the Effective Date of the Agreement. There are no current development plans proposed for the Future Development Area shown on the Final Engineering Plans, which is part of the Trust Property. It should also be mentioned that Section 9-2 of the City Code prohibits property owners from selling lots or tracts of land from a property without flrst having divided the property in accordance with City Code, such as a duly-approved lot split or subdivision. Section 9-2 further prohibits the issuance of any permit for the construction of any building or structure on any lot sold in violation of Chapter 9 of the City Code. Accordingly, the Development Agreement serves another important function of recognizing the two lots (the TPI Property and the Trust Property) that were created by the November 2020 sale for purposes of development. Speciflcally, Section 9-14 of the City Code allows the City Commission to approve the division of Town Center zoned property by Development Agreement. In addition, should TPI acquire the Trust Property, an additional division of the Trust Property will occur between the Future Development Area and the Building C site. Aesthetic Review Plans will be submitted at a later date to the City Commission for flnal approval for Building C Fast Food Restaurant. 63 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 5 OF 38 Final Engineering Plans Criteria, Sec. 20-33.1: (a) Site and flnal engineering plans and the subdivision of land shall also be subject to the technical requirements set forth in Chapter 9 of the City Code. It is the intent of this section to apply to applications for site and flnal engineering plans and to any subdivision of land requiring a plat, if applicable, and does not include review and approval of a lot split application. Please see discussion below regarding technical requirements of Chapter 9. The Final Engineering Plans have been reviewed by the City’s contract engineer, concluding that the Plans satisfy the technical requirements provided the conditions of approval set forth below are met. (b) Except in situations involving one (1) single-family home, the planning and zoning board shall be required to review all site and flnal engineering plan and subdivision of land applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a flnal decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) Except in situations involving one (1) single-family home, all site and flnal engineering plan and subdivision recommendations and flnal decisions shall be based on whether the site and flnal engineering plan and subdivision of land complies with all the technical requirements set forth in chapter 9 of the City Code and the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the site and flnal engineering plan and subdivision of land, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and trafflc- generating characteristics, number of persons anticipated using, residing or working under the plan, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. 64 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 6 OF 38 Analysis: The proposed height, scale, and intensity of the proposed development is consistent with similar surrounding uses previously approved within Winter Springs scale and intensity of the structure as depicted in the Final Engineering Plans. The proposed daily hours of operation are consistent with surrounding uses. The project proposes a grocery store, a fltness center, a dentist offlce and two (2) fast food restaurants. There are similar uses within 500 ft. of the proposed site which are consistent with previously approved developments along S.R. 434. The proposed hours of operation are as follows:  Building A: Heartland Dental Medical Offlce | Hours 9:00 a.m. to 7:00 p.m.  Building B: Chipotle | Hours w/ drive-through 10:00 a.m. to 10:00 p.m.  Building C: Fast Food Restaurant w/ drive-through window | TBD  Building D: Crunch Fitness | Hours 5:00 a.m. to 11:00 p.m.  Building E: Dollar Tree | Hours 8:00 a.m. to 9:00 p.m.  Building F: Aldi | Hours 9:00 a.m. to 8:00 p.m. Impacts related to noise, refuse, odor, particulates, smoke, fumes and other emissions are anticipated to be negligible given the nature of the project. Conditions of approval below related to hours for dumpster service/trash pickup and commercial delivery truck access will further reduce noise and smoke, fumes or dust impacts from the Project. Parking and transportation are addressed thoroughly below. The development is compatible and harmonious with adjacent land uses and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site and flnal engineering plan requested. The site shall be of sufflcient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. Analysis: The size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed development. The development provides full ingress and egress directly into the site from S.R. 434, from Roberts Family Lane and from Tuskawilla Road. Access to the site will be provided via three (3) driveways; one (1) full access driveway to the west of the development on Roberts Family Lane (not to be used by 65 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 7 OF 38 commercial delivery trucks), one (1) existing right-in/right-out driveway (RIRO) to the north of the development on S.R. 434, and one (1) existing right-in/right-out (RIRO) driveway to the east of the development on Tuskawilla Road. Site access locations have been reviewed and approved by Seminole County Fire and the City Trafflc Engineer of record. The existing and future street network provides multiple options for residents to reach their desired destinations. The Applicant is requesting a waiver as discussed below, from Winter Springs City Code Sec. 20-601(b), which will alter the width and type of plantings required in each component part of the streetscape. The applicant is providing 34 feet of streetscape area consisting of three component parts: The entrance area will be designed with (1) 11’-4” landscape area; (2) 6-foot sidewalk; and (3) 16’-8” landscape and treescape understory trees between back of sidewalk and front of sidewalk within line the right-of-way. The proposed streetscape is in lieu of (1) 5-foot landscape area, (2) 6-foot sidewalk; and (3) 16-foot landscape and treescape area for planting canopy trees along the right-of-way. The requested streetscape waiver will provide a 34-ft. buffer in lieu of a 27-ft buffer as required by Code. On site improvements which include enhanced landscape buffers, streetscape, landscape screening for dumpster areas, bicycle parking for throughout the site, decorative lighting, enhanced internal pedestrian walkways utilizing alternative pavement throughout. Transportation and off-street parking elements are discussed below. (3) Whether the proposed site and flnal engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental flscal impact, employment, and property values. Analysis: The proposed retail developments are permitted uses within the Town Center and within the S.R. 434 Corridor Overlay District. The development is not expected to have an adverse impact on the local economy, but to add to the local economy by means of governmental flscal impact, employment, and property value. In addition, the Winter Springs Marketplace is expected to generate 250 new direct jobs within the proposed businesses and add 300 indirect jobs, such as landscapers, construction workers, etc., during the construction of the buildings. The development will also provide ad valorem taxes to the City of Winter Springs. (4) Whether the proposed site and flnal engineering plan and subdivision of land will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and fiood hazards. 66 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 8 OF 38 Analysis: The applicant contracted with ECS Florida, LLC for the Geo Technical Report and Thomson Environmental Consulting, LLC (Thompson) to develop the Environmental Report. The provided reports did not identify adverse impacts on the natural environment. The total gross area for all proposed buildings is 58,070 SF and the maximum impervious cover proposed for the site is 65%, the maximum impervious cover allowed is 100%. The applicant is maintaining an ample amount of open space on-site by not building up to the maximum allowed impervious of 100%. A noise study is not required, as the City currently has a noise ordinance that restricts decibels ratings from 60-70 in commercial zones from 10:00 p.m. – 7:00 a.m. per Sec. 13-35. maximum permissible sound levels by receiving land use. The City Engineer of record has determined that the site is not located within a fiood plain. Based on Flood Insurance Rate Map (FIRM) No. 2117C0160F Community No. 120295, City of Winter Springs, Seminole County, Florida, the proposed development site lies within a Zone X (Other Areas). According to the FIRM panel legend – this Zone X is for “areas determined to be outside the 0.2% annual chance fioodplain.” A protected wildlife species and habitat assessment was conducted over the entire property on October 9, 2018 by Thompson Environmental Consulting, LLC (Thompson). The survey consisted of both a search of documented literature and fleld investigation. No indication of bald eagle foraging or nests of juveniles were observed. The survey yielded no potentially-occupied gopher tortoise burrows, and no indication of gopher tortoise presence. Thompson recommends that an additional survey of the property be performed within 90 days of intended construction per the Florida Wildlife Commission guidelines. (5) Whether the proposed site and flnal engineering plan and subdivision of land will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. Analysis: It is not anticipated that the proposed development will have an adverse impact on any historic, scenic, or cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed site and flnal engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, flre, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. 67 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 9 OF 38 Analysis: The proposed development has been designed in accordance with T5 Transect of the Town Center District Code, which includes criteria for water, sewer, stormwater and surface water management, police, and flre. The proposed development seeks to further improve stormwater and surface water management by providing onsite nutrient removal, treatment and attenuation. In addition, bicycle racks and benches have been added to the site to promote pedestrian circulation. Also, see below for discussion regarding impact on public services. (7) Whether the site and flnal engineering plan and subdivision of land, and related trafflc report and plan provided by the applicant, details safe and efflcient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected trafflc on the immediate neighborhood, trafflc circulation pattern for the neighborhood, and trafflc fiow through immediate intersections and arterials. Analysis: See below for discussion regarding impact on regarding trafflc circulation. (8) Whether the proposed site and flnal engineering plan and subdivision of land will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Analysis: The proposed development is not anticipated to have an adverse impact on housing and social conditions, as the proposed uses include a grocery store, retail uses, medical, fltness center, and fast food restaurants. (9) Whether the proposed site and flnal engineering plan and subdivision of land avoids signiflcant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. Analysis: It anticipated that the proposed development will not emit odors, noise, glares, or vibrations that will adversely impact adjacent properties. There is adequate shared parking, limited hours of operation, lighting, and refuse collection, within the proposed development that are in place which will assist in limiting any perceived adverse effects. In addition, Aldi’s uses cardboard bales, plastics, and full pallets of exterior display items outside and typically in back of their store. Aldi will have no outside storage beyond the typical 6 or 8 yard trash dumpster. Aldi’s does not use trash compactors and all deliveries come in palletized to the dock door, so 68 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 10 OF 38 that the pallets are unloaded quickly and quietly as full pallets from the fully enclosed truck trailer to the fully enclosed dock receiving area. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and flnal engineering plan and subdivision of land that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Analysis: The applicant has indicated that security systems will be installed for all on-site buildings with the development. The lighting provided illustrates that on- site area will be lit after dark. (11) Whether the applicant has provided on the site and flnal engineering plan and subdivision of land an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable. Analysis: All proposed buildings are less than 20,000 SF. (12) Whether the applicant has demonstrated that the site and flnal engineering plan and subdivision of land have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. Analysis: The Final Engineering Plans, in conjunction with the Development Agreement, prevent adverse impacts to adjacent and surrounding uses and properties. The proposed development will provide adequate screening and buffering along residential areas in addition to upgraded access to the shared residential access for the site. Primarily, the Development Agreement and Plans include enhanced streetscape along S.R. 434 and Tuskawilla Road to ensure the passage of open space to the development. (13) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The applicant has agreed to execute a binding Development Agreement and it is attached hereto as an Exhibit. 69 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 11 OF 38 Specimen Tree Removal/Approval: Pursuant to Chapter 5, Tree Protection and Preservation Sec. 5-8 - Specimen or historic trees, the Applicant has requested the removal of seven (7) of the eight (8) specimen trees as depicted on the Final Engineering Plans. Only six (6) of the seven (7) Specimen/Historic Trees are viable. The Applicant states that the site must be signiflcantly raised in order to utilize the exflltration treatment proposed in meeting the nutrient removal criteria. The footprint required for each of these systems and the amount of site will be raised will not allow preservation of these trees. The City Arborist has determined that the Applicant has engaged in good faith to preserve the specimen trees. The City Arborist has determined that the relocation of the specimen trees is not an option, since it is not guaranteed that the specimen trees will survive relocation. The City Arborist has worked with the Applicant and shall make a recommendation of approval that the Applicant mitigate the removal of the six (6) viable specimen trees on site. In addition, the applicant desires to remove 266 trees (not including specimen trees) and proposes to preserve 2 trees of which one is a specimen tree, requiring the replacement of 674 credits of trees. The site includes the planting of six (6) 10” Quercus Virginia/Live Oaks planted as replacements along with 296 credits of new trees, and the remaining 376 credits will be paid into the Tree Mitigation Bank at a value of $112,800.00. Tree replacement on-site meets Code and these trees will be planted throughout the site perimeter and internal landscaping. Water and Sewer: Water service is available from the City’s 12-inch water main in the S.R. 434 right-of- way and from an 8-inch water main in the Nature’s Way ROW. The water pipelines internal to the development will be owned and maintained by the City. The Developer will be dedicating the water pipelines to the City as part of the project close out process. The development is connecting to the City’s sanitary sewer collection system in the Solaris Wharf Street ROW. The sanitary sewer collection system internal to the development will be owned and maintained by the Developer and/or Property Owners Association. The development will be provided reuse water for irrigation purposes from a connection to the City’s reuse system within the S.R. 434 ROW. The City’s water and wastewater systems and treatment plants have capacity to serve this commercial development. 70 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 12 OF 38 Stormwater: The site currently has two SJRWMD permits for stormwater discharges to the east and west. Those permits will be superseded by the development’s proposed stormwater collection and pond system that will discharge into the stormwater collection system in Tuskawilla Road. The on-site stormwater collection and pond system will be owned and maintained by the Developer and/or Property Owners’ Association. The stormwater management system is designed to meet the SJRWMD and City of Winter Springs criteria for nutrient removal, treatment, and attenuation. The Site stormwater pond discharges fiow through the County and City stormwater system and ultimately into Lake Jesup. Transportation: The Winter Springs Marketplace trafflc analysis was performed to assess the impact of the proposed development within the City of Winter Springs. Access to the site will be provided via three (3) driveways; one (1) full access driveway to the west of the development on Roberts Family Lane, one (1) existing right-in/right-out (RIRO) driveway to the north of the development on S.R. 434, and one (1) existing right-in/right-out (RIRO) the east of the development on Tuskawilla Road. Site access was reviewed and approved by Seminole County Fire and the City Trafflc Engineer. Projected trafflc conditions for the project buildout were analyzed using daily trafflc volumes for the roadway segments and P.M. peak hour trafflc volumes for the intersections. The projected trafflc volumes used in the analysis consisted of background trafflc volumes plus project trips. The trafflc conditions were evaluated for the year 2022 background conditions. Background trafflc volumes were estimated with the use of an annual growth rate of 2.0% or a growth factor. A trends analysis of historical trafflc counts on S.R. 434 revealed annual growth rates ranging from -0.84% to -0.55%. The proposed development is anticipated to generate a total daily trafflc volume of 2,736 net new daily trips, of which 36 (22 inbound and 14 outbound) will occur in the A.M. peak hour and 239 will occur in P.M. peak hour trips (115 inbound and 124 outbound) at build out. The study roadway segments currently operate at adequate Levels of Service (LOS) and will continue to operate at acceptable Levels of Service when project trips are added. S.R. 434 and Roberts Lane is shown to operate at an acceptable LOS with a volume-to-capacity (v/c) ratio less than 1.0 in the background PM peak hour condition. The intersection of S.R. 434 & Tuskawilla Road is still anticipated to 71 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 13 OF 38 operate deflciently during background PM peak hour, consistent with existing and background deflciencies. No new deflciencies were identifled as a result as a result of project trafflc impact. The following existing deflciencies were identifled in the existing PM hour condition at S.R. 434 and Tuskawilla Road:  Westbound Left Movement – Delay > 80.0 seconds (LOS “F”)  Northbound Approach –LOS “F”  Northbound Through/Right Movement – Delay > 80.0 seconds (LOS “F”) and v/c > 1.0  Southbound Approach –LOS “F”  Southbound Left Movement – Delay > 80.0 seconds (LOS “F”) An intersection operational analysis was performed for 2022 background conditions in the PM peak hours.  S.R. 434 and Tuskawilla Road (signalized)  S.R. 434 and Roberts Family Lane (two-way stop-controlled)  Roberts Family Lane and Project Access (full access)  S.R. 434 and Project Access (RIRO)  Tuskawilla Road and Project Access (RIRO) The above study area intersections are shown to operate at an acceptable LOS with a v/c less than 1.0 during buildout PM peak hour except for the background deflciencies and the westbound movement at the unsignalized intersection of S.R. 434 and Roberts Lane which experience is excessive. However, the anticipated 95th- percentile queue at buildout is less than ten vehicles (<250 ft.), signiflcantly less than the existing turn lane storage capacity (± 470 ft.). No new deflciencies were identifled as a result of project trafflc impact. As shown discussed above the site will be accessible via three (3) access points. Per Seminole County’s Transportation Standards a right-turn lane should be provided where development exceeds a daily trip rate of 4,000 average daily trips (ADT). None of the driveways are anticipated to exceed 4,000 average daily trips. Therefore, a right-turn lane is not warranted at either driveway along Roberts Family Lane or Tuskawilla Road. The existing driveway on S.R. 434 will be improved from a fiared (turnout) design to a redial return design with improved driveway width, improved corner clearance and an improved sidewalk. 72 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 14 OF 38 All turn lanes provide sufflcient storage length to accommodate the 95th-percentile queue at buildout with the exception of the northbound left-turn lane at S.R. and Tuskawilla which is built to its maximum extent. Parking Analysis: Per Section 20-324 of the City’s Land Development Code (LDC), there are no minimum parking requirements in the Town Center. The City required the applicant to provide a parking study and a parking study was prepared by the applicant based on the Institute of Transportation Engineers (ITE) Parking Generation Manual 5th Edition and other municipalities’ industry standards. The study furthermore includes the demand for thirty-eight (38) bicycle parking spaces on the site. Per Section 9-277 of the City’s LDC which deflnes off-street parking requirements for speciflc land uses. The following minimum parking ratios for the proposed land uses within the Winter Springs Marketplace are deflned in the Code:  Medical or dental clinics: three (3) parking spaces for doctors, plus one (1) additional parking space for every two employees;  Restaurants: one (1) parking space for each one hundred (100) SF of fioor space for patron use in the building; and  Retail Commercial: one (1) parking space for each three hundred (300) SF of fioor space in the building exclusive of storage space. A total parking supply of 226 spaces at a parking ratio of 3.89 spaces per a thousand SF would be needed to serve the proposed shopping center’s demand with each land use alone. Due to the characteristics of the proposed development using data from both ITE and the Urban Land Use Institute (ULI) Shared Parking 3rd Edition, developments of this scale recommends the 85th percentile parking demand as the appropriate demand to provide parking supply for a shopping center. As stated above, the total gross fioor area for the Winter Springs Marketplace is 58,070 SF. ITE’s Land Use Code (LUC) 820 – Shopping Center was used to determine peak period parking demand on a Saturday in December. The relevant peak parking demand for the shopping center is calculated as follows:  Recommended design parking demand = 5.90 spaces per a thousand square feet x 58,070 SF = 341 spaces. As shown on the Overall Site Plan (Sheet C4.0), the site currently has a surplus of one-hundred and seventeen parking spaces (117). This will ensure that parking is 73 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 15 OF 38 not a burden on future property owners and businesses. A total parking supply of 341 spaces at a parking ratio of 5.90 spaces per thousand SF would be needed to serve the proposed shopping center’s demand. Winter Springs Marketplace will provide parking spaces at a ratio of 5.92 spaces per thousand square feet. The applicant has stated that the reasoning for the excess of parking is a necessity, since the proposed shopping center which includes a grocery store and a fltness center tend to require additional parking spaces. Aesthetic Review: Pursuant to Section 9-603, which sets forth guidelines and minimum standards for Aesthetic Review packages, staff has utilized the below criteria in Section 9-603 to determine the following. The attached Aesthetic Review package (Exhibit 2) includes all of the submittal requirements for aesthetic review as set forth in Section 9-600 through 9-607 and include the following: (a) a site plan; (b) elevations illustration 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. Aesthetic review for Buildings B (Chipotle) and C (TBD) will be reviewed at a later date, the Applicant will be working with the tenant(s) regarding building design elements. Aesthetic Review 1. The plans and speciflcations of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, 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. Analysis: All buildings taken as a group demonstrate fiat awnings like the plaza across the street. There are a large number of awnings projecting forward of the principle plane. All awnings in the development are flnished metal. The material palette includes brick wainscots, wood-look exterior wall panels, and warm-neutral paint colors similar to the Starbucks and the Wendy’s on the norths side of S.R. 434 in order to safeguard the surrounding area and cultural character of the community. 74 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 16 OF 38 The Winter Springs Marketplace includes architecture that is complementary to the diverse styles of architecture of the Town Center. The neutral complementary color scheme with a variation of straight clean uniform lines is harmonizing to the surrounding area. The Winter Springs Marketplace has designed multiple buildings which complement each other and contain enhanced architectural and aesthetic elements. The site was developed to encourage use by pedestrians and the proposed buildings provide an interconnected system of walkable sidewalks. 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. Analysis: Not applicable. 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 flve 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; or c. Other signiflcant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Analysis: The proposed structures are designed to contribute and enhance the architectural styles that are typical of the surrounding area. This project represents a progressive addition to the City of Winter Springs. Signiflcant design features include architectural design elements such as; brick, plank boards, angled roofs, and buildings adorned with lighting flxtures. The proposed buildings are constructed with concrete and steel framed structures. The height of the buildings range from 21 ft. up to 34.5 ft. tall, approximately 220 feet across S.R. 434 from the subject site is the Winter Springs Town Center. The proposed style depicts a similar aesthetic feel and scale of similar buildings most recently approved within the Town Center (Starbucks and Wendy’s). 4. The plans for the proposed project are in harmony with, or signiflcantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural speciflcations and design 75 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 17 OF 38 features deemed signiflcant based upon commonly accepted architectural principles of the local community. Analysis: The proposed project enhances the character and overall aesthetics of the surrounding area. The City of Winter Springs is comprised of diverse architectural styles and therefore, the all of proposed buildings taken as a group demonstrate deemed signiflcant based upon commonly accepted architectural principles of the local community. 5. The proposed project has incorporated signiflcant architectural enhancements such as concrete masonry units with stucco, wrought iron, columns and piers, porches, arches, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. Analysis: The proposed units are designed to contribute to the quality architectural styles that are typical of the surrounding area. This project represents a progressive addition to the City of Winter Springs. Aldi, the development’s largest tenant, includes a second story from the exterior with faux upper glazing. An expression line between flrst and second story is implied by the consistent height of awnings and glazing. Crunch Fitness, the development’s second largest tenant, features a functioning second story with second story windows and also includes upper story louver panels that continue the rhythm established by the upper story windows across the front of the building. Signiflcant design features include architectural design elements include; brick wainscots, wood-look exterior wall panels, and warm-neutral paint colors similar to the Starbucks across the street. 76 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 18 OF 38 Waiver Requirement Section 20-34. – Waivers.  Any real property owner may flle a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category).  The Planning and Zoning Board shall be required to review all waiver applications and make a written recommendation to the City Commission. Such recommendation shall include the reasons for the Board’s recommendation and show the board has considered the applicable waiver criteria set forth in this section.  Upon receipt of the Planning and Zoning Board’s recommendation, the City Commission shall make a flnal decision on the application. If the City Commission determines that the Planning and Zoning Board has not made a recommendation on an application within a reasonable period of time, the City Commission may, at its discretion, consider an application without the Planning and Zoning Board's recommendation.  All waiver recommendations and flnal decisions shall comply with the following criteria: 77 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 19 OF 38 Waiver criteria set forth in Subsection 20-34(d) are as follows: 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. 3. The proposed development plan will signiflcantly enhance the real property. 4. The proposed development plan serves the public health, safety, and welfare. 5. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. 8. Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. The applicant requests that the City Commission consider the 12 waiver requests listed below: 78 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 2 0 OF 38 Waivers Request/Justification 1. The applicant requests a waiver from Winter Springs City Code Sec. 16-51 to allow the copy area of wall signs to be measured as one (1) rectangle per row of text or symbols up to a maximum of three (3) rectangles, in lieu of the whole wall sign being measured as one (1) single rectangle is requested. Justiflcation: When wall signs have signiflcant blank space between lines of text, this blank space does not contribute to visual clutter and therefore should not count against copy area. The requirement for using a single shape creates a bias in favor of signage design that is boxy and densely fllls the allotted shape. Signage designs that make signiflcant use of blank space are effectively forced to reduce their copy area because blank space that is not part of the copy is nonetheless counted against the copy area limit. Providing some fiexibility in the copy area calculation method will curb the effect of this bias, allowing a more accurate representation of the actual copy area being used by a given design. The limit of three rectangles will prevent this additional fiexibility from being abused. City Code: Sec. 16-51 – Deflnitions | Copy Area or Sign Staff supports the requested waiver and supplied justiflcation. The proposed request will assist in visibility for the proposed businesses along the right-of-way without increasing the copy area. 2. The applicant requests a waiver from Winter Springs City Code Sec. 16-80 to allow a maximum a maximum copy area of seventy-two (72) square feet per sign face for the two (2) multi-tenant “shopping center” ground signs indicated on the signage site plan in lieu of thirty-two (32) square feet. Justiflcation: A waiver allowing a maximum copy area of seventy-two (72) square feet per sign face for the two (2) multi-tenant “shopping center” ground signs identifled on the signage site plan, in lieu of thirty-two (32) square feet is requested. The two (2) multi-tenant signs that will make use of this waiver are serving the anchor tenants at the rear of the development, meaning that their building-mounted signage has correspondingly lower visibility (and hence less visual clutter) when viewed from the street. The requested increase in copy area provides these tenants with necessary street visibility 79 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 21 OF 38 while maintaining a pleasant streetscape as shown in the street-view renderings included with this package. This property is at the intersection of two major roads: SR 434 and Tuskawilla, which are respectively six (6) lanes wide and flve (5) lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide, fast, car-oriented roads will be necessary to sustain the businesses in this development. City Code: Sec. 16-80 – Limitations on Certain on-premises signs including attached to buildings. Staff supports the requested waiver and supplied justiflcation. An analysis of permitted signage within the Town Center has determined that many of the wall signs exceed Code requirements. The request is consistent with current signage trends and will assist in visibility for the proposed businesses. 3. The applicant requests a waiver from Winter Springs City Code Sec. 20-325 to allow a minimum 15% frontage buildout at the front setback as required under the T5 transect in lieu of the 20% minimum specifled. Justiflcation: The waiver allowing a minimum 15% frontage buildout in lieu of the 20% requirement is required in order to maintain proper site circulation. Given the drive-thru associated with the Quick Service Restaurant (QSR) use for Buildings B and C additional vehicular access is needed around these to provide adequate circulation and limit stacking at ingress and egress points. In addition, each parcel is required by City criteria to stand on its own per development. Parking areas line the vehicular access routes as another feature allowing each lot to stand on its own. City Code: Sec. 20-325 Transect Standards | Table T5 (Urban Center Zone) Staff supports the requested waiver and supplied justiflcation. As similar requests have been approved in the Town Center. 4. A waiver is requested from Winter Springs City Code Sec. 20-325 to allow a maximum 67.75-ft front setback in lieu of the 50-ft max setback (from front property line). 80 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 22 OF 38 Justiflcation: The waiver allowing a maximum 67.75-ft front building setback in lieu of the 50-ft setback is requested in order to better accommodate the streetscape requirements detailed within Section 20-605 of the City’s Code. The applicant has provided an enhanced onsite landscape buffer along SR 434 to meet the canopy tree streetscape requirements. The canopy trees that would otherwise be adjacent to the SR 434 roadway have been located on site in order to avoid overhead and underground utilities. The right-turn lane in front of the site limit the amount of room available for the canopy trees immediately adjacent to SR 434. The applicant has made additional efforts to bring the buildings as close to the 50-ft maximum as possible. The drive aisle along the front of Buildings A & B has a 22-ft width and the associated front parking spaces have 18-ft lengths. These changes in addition to the 12-ft right-turn lane streetscape encroachment along the 434 frontage bring the total requested variance from code to nearly 10%. City Code: Sec. 20-325 Transect Standards | Table T5 (Urban Center Zone) Staff supports the requested waiver and supplied justiflcation. As similar requests have been approved in the Town Center (Wendy’s and Starbucks). 5. The applicant requests a waiver from Winter Springs City Code Sec. 20-324 (6) to allow the drive-through service windows for Buildings B and C at the side of the buildings in lieu of in the rear or alley of the buildings. Justiflcation: The waiver allowing drive-thru service windows on the side of Buildings B and C in lieu of the rear or alley of the building is required due to the area limitations in the vicinity of these buildings. Rotating these buildings to locate the drive-throughs at the rear would impact the amount of parking the parcel would be able to provide. If the buildings are rotated with rear drive-throughs, the buildable area in the Future Development parcel area would be negatively impacted in order to achieve sufflcient parking for Buildings B and C. 81 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 23 OF 38 City Code: Section 20-324 (6) – General Provisions – Drive-throughs. Staff supports the requested waiver and supplied justiflcation. As similar requests have been approved in the Town Center (Wendy’s and Starbucks). 6. The applicant requests a waiver from the table at the end of Winter Springs City Code Sec. 20-327 (1) to allow wall signs to have a maximum copy height of twelve (12) feet in lieu of three (3) feet. Justiflcation: A waiver requesting to allow wall signs to have a maximum copy height of twelve (12) feet in lieu of three (3) feet is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec. 16-80 and 20-327.1. The increase in copy height is requested based on this property's situation at the intersection of two wide, fast, car-oriented roads, and the car-oriented development pattern that such roads necessitate. This means the buildings will be placed at a greater distance from the road than the original sign height limits account for and will therefore need to be taller to remain legible at a distance. But to reiterate, while the height of the signs is increasing, the total allowable copy area is not. City Code: Section 20-327 (1)– Signs Staff supports the requested waiver and supplied justiflcation. An analysis of permitted signage throughout the Town Center has determined that many wall signs exceed Code requirements. The waiver request is in line with current signage trends and will assist in visibility for the proposed businesses. The waiver is consistent with what has been previously approved within the City. 7. The applicant requests a waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall signs to have a maximum letter height of forty two (42) inches in lieu of eighteen (18) inches. Justiflcation: A waiver requesting to allow wall signs to have a maximum letter height of forty two (42) inches in lieu of eighteen (18) inches is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec. 16-80 and 20-327 (1) The increase in letter height is requested based on this property's situation at the intersection of two wide, fast, car-oriented roads, and the car- oriented development pattern that such roads necessitate. This means the 82 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 24 OF 38 buildings will be placed at a greater distance from the road than the original letter height limits account for and will therefore need to be taller to remain legible at a distance. But to reiterate, while the height of the letters is increasing, the total allowable copy area is not. City Code: Section 20-327.1 – Signs Staff supports the requested waiver and supplied justiflcation. Staff supports the requested waiver and supplied justiflcation. An analysis of permitted signage throughout the Town Center has determined that many wall signs exceed Code requirements. The request is in line with current signage trends and will assist in visibility for proposed businesses. The waiver is consistent with what has been approved within the City. 8. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1.(a) to allow four (4) monument signs along S.R. 434 and Tuskawilla Road within the Town Center. Justiflcation: The waiver allowing monument-style ground signs along SR-434 within the Town Center is required as a result of location. This property is at the intersection of two major roads: SR 434 and Tuskawilla, which are respectively six (6) lanes wide and flve (5) lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide, fast, car-oriented roads will be necessary to sustain the businesses in this development. Monument-style ground signs are the norm for this type of development, including at comparable properties just down the street, within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. Given this, and the fact that the property in question is near the edge of the Town Center district, we believe that allowing these monument-style signs is both fair and will not harm the city's intent within the Town Center. The proposed monument signs include: 1) One (1) 8 ft. tall dual-tenant ground sign on S.R. 434 frontage (S-3). (Heartland Dental / Chipotle) 2) One (1) 12 ft. tall multi-tenant ground sign on S.R. 434 frontage (S-1). (Aldi/Dollar Tree/Crunch Fitness) 3) One (1) 12 ft. tall multi-tenant ground sign on Tuskawilla Road, serving the rear tenants (S-1). (Aldi/Dollar Tree/Crunch Fitness) 83 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 25 OF 38 4) One (1) 8 ft. tall single-tenant ground sign on S.R. 434 frontage (S-2). (TBD) See Master Sign Plan (MSP) for proposed monument sign locations (S-1, S-2, and S-3). City Code: Section 20-327.1.(a) – General Requirements | Free standing monument signs are permitted by waiver along State Road 434 frontage. Staff supports a partial waiver for this request. Staff does not support #4 listed above, an 8 ft. tall single-tenant monument sign on S.R. 434 frontage (S-2). Staff will only support three (3) monument signs. Staff does not support a waiver for four (4) monument signs (see analysis below). 9. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1(a) to allow monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated. Justiflcation: A waiver allowing monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated is requested. The prohibition on internally lit backgrounds for wall signs will remain intact. This waiver only allows backgrounds to be internally illuminated on monument signs. Internally illuminated backgrounds are the norm for commercial monument signs, and are already common along both SR434 and Tuskawilla, including on comparable properties just down the street within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. The use of internally illuminated backgrounds is appropriate to the scale and speed of these adjacent major roads, which is also the circumstance that justifles the presence of monument signs. If the city chooses to acknowledge such circumstances are present by granting the Section 20- 327.1(a) waiver request to permit monument signs on this property, it is reasonable that the city would also permit the use of design and construction techniques common to monument signs. 84 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 26 OF 38 City Code: Section 20-327.1.(a) – General Requirements Staff supports the requested waiver and supplied justiflcation. As similar requests have been approved in the Town Center (Wendy’s and Starbucks). 10. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1(b) to allow the use of plastic flnishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint. Justiflcation: A waiver allowing the use of plastic flnishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint is requested. The Town Center code allows for individually cut letters to be internally illuminated, so in practice some allowance for the use of plastics is already made. Translucent plastic is a necessary component of internally illuminated signs; therefore, this waiver would be necessary for the practical exercise of the waivers allowing internal illumination of monument signs and permanent menu boards. City Code: Section 20-327.1.(b) – Finish Materials Staff supports the requested waiver and supplied justiflcation. As similar requests have been approved in the Town Center (Wendy’s and Starbucks). 11. The applicant requests a waiver from Winter Springs City Code Sec. 20- 327.1(d)(9)a to allow menu boards to be permanent when installed on private property in lieu of temporary. Justiflcation: A waiver allowing menu boards to be permanent when installed on private property in lieu of temporary is requested. The existing design standards for menu boards do not account for drive-thru restaurants. If the proposed drive-thru use is approved for this property, then a permanent menu board serving the drive thru will be required. This waiver only applies to menu boards installed on private property. No permanent signs will be installed on sidewalks or public property. The proposed menu board is facing away from the public right-of-way and will be sized consistent with industry-standard drive-thru menu boards, such as that already in use by Starbucks and McDonalds across the street from this development. The proposed menu board will be constructed to the same weather-resistance and wind-loading 85 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 27 OF 38 standards as any other permanent exterior sign per applicable building codes. City Code: Section 20-327.1.(d)(9) – Sign Standards: Speciflc to Sidewalk Signs (Menu Board Signs) Staff supports the requested waiver and supplied justiflcation. As similar requests have been approved in the Town Center (Wendy’s and Starbucks). 12. The applicant requests a Waiver from Winter Springs City Code Sec. 20-601 (Ordinance 2020-02) to allow a 13-ft onsite landscape buffer with canopy trees, a meandering 6-ft offsite sidewalk, and interspersed understory trees between back of sidewalk and front of sidewalk within the R/W. The requested streetscape buffer modiflcation will provide the 27-ft buffer as required by code. This request will be in lieu of the required 5-ft landscape area adjacent to the R.O.W., followed by a 6-ft sidewalk, and a 16-ft landscape and treescape area. Justiflcation: The waiver allowing modiflcation to the S.R. 434 & Tuskawilla streetscape conflguration and plant species is required due to confiicts with existing utilities, sidewalks, and a right turn lane within the R.O.W. Existing underground and overhead utilities within the R.O.W. currently limit the planting of trees in the conflguration required by code. City Code requires a 27-ft streetscape buffer from R.O.W.’s edge of pavement. Under normal circumstances there is adequate space from the edge of the roadway to proposed development to provide for the streetscape buffer as shown in Ordinance 2020-02. The Winter Springs Marketplace property has an existing right-turn lane along the majority of the SR-434 boundary which removes 12-ft of space the site is able to utilize for the streetscape buffer. Approximately 17-ft is provided between the property line and the edge of pavement within the right turn lane. There is existing water main, overhead electric, gas, and underground electric within this distance. An existing 5-ft sidewalk runs along the SR- 434 and Tuskawilla Road site boundaries. In an effort to work with City Staff, the Applicant has agreed to place canopy trees within the limits of the onsite landscape buffer. Understory trees will be interspersed among the proposed onsite canopy trees. The existing sidewalk within the R/W will be upgraded to a 6-ft sidewalk in areas adjacent to proposed development. In the R/W, understory trees will be placed between back of curb and front of sidewalk. 86 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 28 OF 38 The proposed conflguration will provide the 6-ft sidewalk required by code and allow for canopy trees within the streetscape buffer. Placing the canopy trees onsite rather than in the R/W will help prevent confiicts with the overhead utilities once the trees reach maturity. The addition of the understory trees within the R/W will help enhance the streetscape buffer for pedestrians and vehicular trafflc. Existing utilities within the R/W will be adjusted to follow the routing of the new 6-ft sidewalk. Although this layout will be different than the streetscape layout it will still meet the intent of the streetscape requirements. City Code: Sec. 20-601. – Streetscape Requirements. Staff supports the requested waiver and supplied justiflcation. The requested streetscape waiver will provide a 34-ft. buffer in lieu of a 27-ft buffer as required by Code. As similar requests have been approved in the Town Center (Chau Medical Offlce). Waiver Analysis: In evaluation of the twelve (12) proposed waiver requests, the applicant has satisfled the eight (8) speciflc criteria and supports the twelve (12) waiver requests as listed above, although Staff partially supports Waiver #8(4) (as listed above). Waiver #8(4): Staff supports a partial waiver for this request. Staff does not support 8(4) as listed above, an 8 ft. tall single-tenant monument sign on S.R. 434 frontage (S-2). Staff will support three (3) monument signs, but not four (4) monument signs. As discussed above the site will consist of flve commercial buildings, the Applicant does not have a tenant in place for Building C. Once the Applicant is ready to move forward with the Aesthetic Review for Building C and the Future Development portion, then the Applicant may move forward to request a waiver for a fourth monument sign. With the exception of the waivers detailed above, the proposed project meets the remaining requirements set forth in Section 20 of the City of Winter Springs Code. The site design underwent a full review in which the site design was further flne- tuned to incorporate all the changes requested by Staff to meet City Code. The majority of the property is currently undeveloped and vegetated with upland wooded areas. The eastern corner of the site is a former Pinch-A-Penny. Proposed development will enhance the property by providing a developed and landscaped cohesive look that complements the surrounding retail and residential areas. The proposed development hopes to serve Winter Springs public health and welfare by bringing a fltness club tenant and a dentist tenant under contract. Development 87 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 29 OF 38 of the property will serve Winter Springs by replacing the abandoned Pinch-A- Penny and an undeveloped lot with clean, well lit, and secure facilities available for public access. The onsite drainage system also beneflts public health and welfare with the increased water quality and nutrient removal beneflts it provides to waters leaving the site. The increased commercial tax base provided as a result of this project will reduce the burden on City of Winter Springs residents. The above waiver requests will not diminish the property values and seeks to maintain the essential character of the surrounding neighborhood. The proposed development plan is compatible and harmonious with the surrounding neighborhood. The development will complement the surrounding similar QSR, grocery, fltness club, and medical uses. Roberts Family Lane and Natures Way neighbors were involved early-on to address concerns with the proposed development. The site buffers along the residential areas incorporate input from meetings with the neighbors in further efforts to provide a site that is harmonious with the surrounding neighborhood. Reports: The Final Engineering submittal is required to include the following reports or updates of previously prepared reports for the same property. Reports November 15, 2018 Geo Technical Report | ECS Florida August 2020 Transportation Impact Analysis | Kimley Horn November 11, 2020 Parking Demand Study | Kimley Horn July 28, 2020 Potable Water System Report | Kimley Horn Revised September 24, 2020 Potable Water System Report | Kimley Horn July 14, 2020 Drainage Calculation for SJRWMD | Kimley Horn August 4, 2020 Environmental Report | Kimley Horn December 2, 2020 Fiscal Impact Statement | Equinox December 21, 2020 Waiver Request | Kimley Horn Revised December 15, 2020 Geo Technical Report | ECS Florida 88 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 30 OF 38 Revised December 15, 2020 Parking Demand Study | Kimley Horn Revised December 2020 Trafflc Impact Analysis | Kimley Horn Procedural History: May 28, 2020 Community Workshop Meeting June 6, 2020 Non-Binding Preliminary Review August 11, 2020 Application Submittal Date February 4, 2021 Planning & Zoning Board/Local Planning Agency | Recommendation of Approval February 8, 2021 City Commission | Continued February 22, 2021 City Commission | Pending Applicable Law, Public Policy, and Events: Florida Statutes 163.2511-163.3246: Growth Policy; County and Municipal Planning; Land Development Regulation (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Home Rule Powers Code of Ordinances City of Winter Springs. Section 20-1. Deflnitions. Section 20-34 Waivers Chapter 5 - Tree Protection and Preservation Ch20, Sec. 20-601. – Streetscape Requirements. Division 5. Sounds Levels by Receiving Land Use Division 12. - Town Center District Code Sec. 20-325. - Transect standards. S.R. 434 Corridor Vision Plan S.R. 434 Corridor Overlay District City of Winter Springs Comprehensive Plan. Future Land Use Element, Policy 1.1.6 89 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 31 OF 38 Fiscal Impact: The Development will be a ground up project which will be constructed on the approximately 10-acre parcel located at the southwest quadrant of State Road 434 & Tuscawilla Road over an approximately two-year period. At flnal build-out, the total Development will consist of approximately 57,070 SF of retail uses cohesively designed so as to create a single location whereby residents can make one stop but cover many uses typically found within a shopping center. Revenue to the City of Winter Springs based on the Development will consist of the Ad Valorem Tax and State Shared Revenues (Revenue Sharing and Half-Cent Sales Tax). Ad Valorem Tax: The assessed value of the proposed development is anticipated to be approximately $20,000,000 based on an estimate of today’s capitalized value. The following provides the 2019 Millage Rate breakdown for properties located within the City of Winter Springs: Ad Valorem Tax County 11.2495 City 2.4300 Fire 2.7649 Road N/A Total 16.4444 Based on the above 2019 Millage rate, the following are estimated tax revenues to the City of Winter Springs from the proposed Development: Estimated Assessed Value Millage Rate Estimated City Revenue $20,000,000 2.4300 $324,254.00 State Shared Revenues (Revenue Sharing And Half-Cent Sales Tax): The City’s State shared revenue is estimated based on retail sales generated by the future development of the shopping center. It is estimated that the proposed uses will generate a yearly sales volume of approximately $11,572,000.00 based on estimated sales of $200.00 per square foot of total buildings. 90 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 32 OF 38 Total Revenue: Based on the above Ad Valorem Tax and State Shared Revenues, the total revenue to the City of Winter Springs will be approximately $48,200.00 per year for the overall Development. Final Development Plan Approval: The City Commission may approve Final Engineering Plans separately and prior to approval of the flnal plat as provided in Section 9-74 of the City Code. Development Agreement: The Applicant has agreed to speciflc Conditions of Approval for the Plan and a waiver as negotiated in the Developer’s Agreement. Pursuant to Section 20-29 of the City Code, all development projects requiring a community workshop pursuant to Section 20-29.1 shall be required to be memorialized in a binding Development Agreement executed by the City and the property owner. Community workshops are required for all new commercial development, under Section 20-29.1. A Community Workshop was held on August 13, 2019. The draft Development Agreement is enclosed as an Exhibit hereto. The Development Agreement has been drafted to address several important issues regarding the proposed Final Engineering Plans and the eventual aggregating of this project. RECOMMENDATION Staff recommends that the City Commission approve the Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Plans, Removal of Specimen Trees, and Development Agreement in order to construct a grocery store, retail uses, medical, fltness center, and fast food restaurants. Staff does not recommend approval of the Waiver request #8 (4), the fourth monument sign. The recommendation of conditional approval should include the following conditions: 1. Project approval is conditioned upon the execution of the Development Agreement and the terms and conditions contained therein, which include: A. To the extent that the driveway access to SR 434 and the underground chambers for stormwater collection and treatment to service the driveway as shown on the “Overall Site Plan”, Sheet C4.0 and the Overall Drainage Plan, Sheet C6.0 of the Final Engineering Plans, are located on the Trust Property, the Developer shall be required to secure easements from the Trust to allow for the construction, installation and maintenance of such 91 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 33 OF 38 facilities prior to issuance of any site clearing or building permits for the Property, if the same have not already been obtained. Except for grading and seeding/grass installation plans and except to the extent adequate easements for the driveway access to SR 434 and the underground chambers for stormwater collection and treatment are secured (if not already obtained), approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property shall be contingent upon the Developer acquiring the Trust Property within one year of the Effective Date of this Agreement. B. In the event the Developer acquires the Trust Property within one year of the Effective Date of this Agreement, Developer shall extend and install the planned streetscape along the SR 434 and Tuskawilla Road frontage of the Trust Property to match the streetscape planned for the Property. The Trust Property streetscape shall be installed either in conjunction with the Property streetscape or within twelve (12) months following acquisition of the Trust Property (subject to Section 25.0), whichever is later. However, in the event that Developer does not acquire the Trust Property and fails to complete the closing, Developer shall install as much of a matching streetscape as possible within the existing rights-of-way on SR 434 and Tuskawilla Road adjacent to the Trust Property concurrent with the installation of the streetscape on the Property. C. In the event the Developer acquires the Trust Property, the Developer shall as soon as possible thereafter demolish the existing pole sign and existing building at the corner of SR 434 and Tuskawilla Road. In any case, the Developer shall use its best faith efforts to secure the authorization from the Trust to remove the existing pole sign and existing building as soon as possible. D. A Reciprocal Easement Agreement dated November 10, 2020 has been recorded in Offlcial Records book 9757, Page 1335, Public Records of Seminole County, Florida (the “REA”) affecting the Property. Developer is relying upon the REA for master planning common infrastructure between the Property and Trust Property and permitting the Project with the City. Therefore, should the REA terminate and a substantially similar agreement or declaration not be of record providing for the master planning common infrastructure between the Property and the Trust Property, Developer shall be required obtain an amendment to the Final Engineering/Site Plan in order to demonstrate to the City that the Project can standalone on the Property relative to adequate access, parking, utilities, drainage and any 92 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 34 OF 38 other previously shared infrastructure under the REA. Further, should the Property be further divided in any manner not authorized by Section 28.0 of this Agreement, the City shall require, prior to the approval of the division of land, that the Developer demonstrate adequate access, parking, utilities and drainage including any other easements necessary for common infrastructure on the Property which is not already demonstrated by the REA or substantially similar agreement or declaration of record. E. The onsite wastewater collection system required to be constructed for the Project, up to the connection at the City’s manhole in Solaris Wharf Street, is to be owned and maintained by the Developer and/or future owners of the Property. F. The onsite potable water system required to be constructed for the Project, up to and including the meters at each building, is to be dedicated to the City for ownership and maintenance. A10-foot wide utility non-exclusive easement, centered over the water lines as shown in the Final Engineering Plans, shall be dedicated to the City and an appropriate bill of sale for the potable water system as described herein shall be delivered to the City prior to the issuance of any certiflcate of occupancy in a form acceptable to the City Attorney, free and clear of all liens. Upon completion and acceptance of the potable water system improvements by the City, the potable water system improvements shall be owned by the City and maintained, repaired and replaced by the City. In addition, the onsite irrigation system shall be connected to the City’s reuse system. The onsite irrigation system shall be owned and maintained by the Developer and/or future owners of the Property; provided, however, should any irrigation system and applicable meter be located on any single lot within the Project, then such system may be owned and maintained by the owner or occupant of such lot. The City’s meter for the reuse connection shall be located at the right-of-way line in an easement dedicated to the City in a form acceptable to the City Attorney prior to the issuance of any certiflcate of occupancy. G. Developer shall be required to plant at least 296 credits of new replacement trees, which shall include at least six (6) 10” d.b.h Quercus Virginia/Live Oaks to mitigate the removal of six (6) viable specimen trees on the Property. All required tree replacements shall be planted prior to the issuance of any flnal certiflcate of occupancy for any building on the Property. Tree replacements and landscaping shall be subject to the obligation of ongoing maintenance and replacement for the flrst two years following planting, at 93 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 35 OF 38 the Developer’s expense, if the City determines, after reasonable inspection, that any tree or landscaping has become severely diseased or damaged to the point that the viability of the tree or landscaping has been signiflcantly compromised. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees or landscaping, the City shall have the right, but not obligation, to conduct said maintenance, repairs or replacements and recover the actual cost thereof from the Developer. Prior to exercising that right, the City shall provide the Developer written notice and an explanation of the speciflc default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period, the City may exercise its rights to maintain and replace at any time thereafter. The Developer shall additionally submit: (1) a $112,800.00 tree bank mitigation payment for trees that are not possible to replace on the Property; and (2) a Landscape Performance and Maintenance Bond in a form acceptable to the City Attorney ensuring planting and installation of all required trees and landscaping should the Project be abandoned after the Property has been cleared and proper maintenance of the trees for two (2) years after planting. The tree bank mitigation payment and Landscape Performance and Maintenance Bond shall be submitted prior to obtaining the flrst clearing and grading or building permit, whichever is earlier. H. No building in the Project shall exceed a height of three stories. I. The City Commission herein imposes certain use restrictions greater than those otherwise specifled in the Town Center zoning district to ensure any negative impacts of the commercial development are minimized and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: 1. Alcoholic beverage sales (package) 2. Alcoholic beverage on-premises consumption 3. Art supplies and picture framing shops 4. Artists’ (such as painters, sculptures, and craft makers) studios 5. Alterations, Tailoring and Shoe Repair 6. Confectionary and ice cream stores (including outside dining) 7. Dance and music studios 8. Interior decorating and draperies 9. Pet shops and grooming 10. Photographic studios 11. Physical fltness and health clubs 94 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 36 OF 38 12. Professional and Business Offlces including: a. Advertising Agencies b. Bookkeeper c. Dental d. Insurance e. Medical (clinics and laboratories) f. Title Companies g. Travel Agency 13. Restaurants, sidewalk cafes 14. Retail uses as follows: a. Appliances, sales and service b. Antique and gift shop c. Bakery, including wholesale d. Bridal shop e. Bicycle, sales/service f. Bookstores, stationery, newsstands g. Butcher shop h. Carpets, rugs and linoleum i. Computers, hardware/software/sales/service j. Drug and sundry stores (including General stores, such as Dollar Tree, Family Dollar or Dollar General) k. Dry cleaner/ Tailoring shops l. Florist/Gift Shop m. Financial institutions, banks, savings/loan (Requires Conditional Use) n. Furniture o. Grocers, including wholesale p. Hardware store q. Health food/ Snack shop r. Hobby/ craft shop s. Jewelry t. Offlce and stationary supplies u. Paint store v. Quick printers w. Rental stores, excluding auto/truck rentals x. Sporting goods y. Toy stores z. Wearing apparel stores 15. Salon including nail, hair, and tanning 95 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 37 OF 38 There shall be no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). J. All grass areas on the Property and Trust Property shall use Bahia grass. No St. Augustine grass or grass types with low drought tolerance shall be permitted. In accordance with the REA, the Developer shall elect to clear, grub, and seed/grass the Trust Property and diligently pursue the consent and approval of the Trust to perform such work in conjunction with the clearing, grading and landscaping of the Property. K. Dumpster service and trash pickup for the Project is prohibited earlier than 7 a.m. and later than 7 p.m. L. Commercial delivery trucks to the grocery, retail stores, and restaurants shall not be permitted to access the Property via Roberts Family Lane. M. Project construction shall be limited to Monday-Saturday 7:00 a.m. to 8:00 p.m. Construction shall be prohibited Sundays and on federal holidays. N. All parking area lighting shall be designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. O. Prior to commencement of construction, the Developer shall submit for the City’s approval a plan detailing construction access and employee and contractor parking during construction. Employees and contractors and their equipment, materials and supplies shall not be parked or placed on Roberts Family Lane. The proposed development plan is in substantial compliance with the Comprehensive Plan. 96 P U B L I C H E A R I N G S A G E N D A I T E M 4 0 0 | M O N D A Y , F E B R U A R Y 22, 2 0 2 1 | P A G E 38 OF 38 Attachments:  Exhibit 1 – Vicinity Map  Exhibit 2 – Aesthetic Review  Exhibit 3 – Waiver Request  Exhibit 4 – Final Engineering Plans / Site Plan Approval  Exhibit 5 – Master Sign Plan  Exhibit 6 – Specimen Tree Removal Letter  Exhibit 7 – Development Agreement 97 Vicinity Map Parcel ID’s# 36-20-30-502-0000-0070 (Vacant), 36-20-30-502-0000-0080 (Vacant), 36-20-30-502-0000-0090 (Vacant), 26-20-30-5AR-0A00-008F (Former Pinch-A-Penny)     SUBJECT PROPERTY  98 99 100 101 102 103 104 105 106 107 108 109 110 111 WA2020-0026 112 Tuskawilla Property Investor, LLC 06/29/2020 630 South Maitland Avenue, Suite 100, Maitland, FL 32751 RStahl@Equinox-Development.com 407-342-0277 Robbie & Edward Ondick 989 Greentree Dr, Winter Park, FL 32789 Winter Springs Marketplace State Road 434, Winter Springs, FL 32708 36-20-30-502-0000-0070; 36-20-30-502-0000-0080; 36-20-30-502-0000-0090; 26-20-30-5AR-0A00-008F 10.23 AC. Vacant and Commercial Commercial Town Center District Please see attached waiver cover letter included with this response Please see attached waiver cover letter included with this application. 113 Please see attached waiver cover letter included with this application. Please see attached waiver cover letter included with this application. Please see attached waiver cover letter included with this application. Please see attached waiver cover letter included with this application. Please see attached waiver cover letter included with this application. Please see attached waiver cover letter included with this application. 114 X X X X X X X 115 Tuskawilla Property Investors, LLC State Road 434, Winter Springs, FL 32708 36-20-30-502-0000-0070 FL Seminole 116 117 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 January 21, 2021 Ms. Marla Molina, Senior City Planner City of Winter Springs Community Development Department 1126 State Road 434 Winter Springs, Florida 32708 Subject: Waiver Application Justification Winter Springs Marketplace Site Plan Case No.: SP2020-0018 Please find attached plans and additional supporting documents for the waiver request from the City of Winter Springs Code Sections listed below. 1) Section 16-51 – Definitions a) A waiver from Winter Springs City Code Sec 16-51, to allow the copy area of wall signs to be measured as one (1) rectangle per row of text or symbols up to a maximum of three (3) rectangles, in lieu of the whole wall sign being measured as one (1) single rectangle. 2) Section 16-80 – Limitations on Certain on-premises signs including attached to buildings a) A waiver from Winter Springs City Code Sec. 16-80 to allow a maximum copy area of seventy-two (72) square feet per sign face for the two (2) multi-tenant “shopping center” ground signs indicated on the signage site plan in lieu of thirty-two (32) square feet. 3) Section 20-325 – Transect Standards – Lot Design Guidelines Table a) A waiver is requested from Winter Springs City Code Sec. 20-325 to allow a minimum 15% frontage buildout at the front setback as required under the T5 transect in lieu of the 20% minimum specified. b) A waiver is requested from Winter Springs City Code Sec. 20-325 to allow a maximum 67.75- ft front setback in lieu of the 50-ft max setback specified. 4) Section 20-324.6 – General Provisions – Drive-throughs a) A waiver is requested from Winter Springs City Code Sec. 20-324.(6) to allow the drive- through service windows for Buildings B and C at the side of the buildings in lieu of in the rear or alley of the buildings. 5) Section 20-327.1 – Signs a) A waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall signs to have a maximum copy height of twelve (12) feet in lieu of three (3) feet. b) A waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall signs to have a maximum letter height of forty-two (42) inches in lieu of eighteen (18) inches. 118 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 6) Section 20-327.1.(a) – General Requirements a) A waiver as provided for in Winter Springs City Code Sec. 20-327.1.(a) to allow monument- style ground signs on properties located along SR-434 within the Town Center, which includes this property. Four (4) such signs are proposed. Please see the signage site plan for the location of these proposed signs. b) A waiver from Winter Springs City Code Sec. 20-327.1(a) to allow monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated. 7) Section 20-327.1.(b) – Finish Materials a) A waiver from Winter Springs City Code Sec. 20-327.1(b) to allow the use of plastic finishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint. 8) Section 20-327.1.(d)(9) – Sign Standards: Specific to Sidewalk Signs (Menu Board Signs) a) A waiver from Winter Springs City Code Sec. 20-327.1(d)(9)a to allow menu boards to be permanent when installed on private property in lieu of temporary. 9) Section 20-605 – Streetscape Requirements (Per Ordinance 2020-02) a) A waiver is requested from Winter Springs City Code Sec. 20-605 (Ordinance 2020-02) to allow a 13-ft onsite landscape buffer with canopy trees, a meandering 6-ft offsite sidewalk, and interspersed understory trees between back of sidewalk and front of sidewalk within the R/W. The requested streetscape buffer modification will provide the 27-ft buffer as required by code. This request will be in lieu of the required 5-ft landscape area adjacent to the R.O.W., followed by a 6-ft sidewalk, and a 16-ft landscape and treescape area (total 27- ft). The following is an itemized discussion to each of the twelve (12) waiver justification questions included with this request package. 1. Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development? 1a) A waiver from Winter Springs City Code Sec 16-51, to allow the copy area of wall signs to be measured as one (1) rectangle per row of text or symbols up to a maximum of three (3) rectangles, in lieu of the whole wall sign being measured as one (1) single rectangle is requested. When wall signs have significant blank space between lines of text, this blank space does not contribute to visual clutter and therefore should not count against copy area. The requirement for using a single shape creates a bias in favor of signage design that is boxy and densely fills the allotted shape. Signage designs that make significant use of blank space are effectively forced to reduce their copy area because blank space that is not part of the copy is nonetheless counted against the copy area limit. Providing some flexibility in the copy area calculation method will curb the effect of this bias, allowing a more accurate representation of the actual copy area being used by a given design. The limit of three rectangles will prevent this additional flexibility from being abused. 119 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 2a) A waiver allowing a maximum copy area of seventy-two (72) square feet per sign face for the two (2) multi-tenant “shopping center” ground signs identified on the signage site plan, in lieu of thirty-two (32) square feet is requested. The two (2) multi-tenant signs that will make use of this waiver are serving the anchor tenants at the rear of the development, meaning that their building-mounted signage has correspondingly lower visibility (and hence less visual clutter) when viewed from the street. The requested increase in copy area provides these tenants with necessary street visibility while maintaining a pleasant streetscape as shown in the street-view renderings included with this package. This property is at the intersection of two major roads: SR 434 and Tuskawilla, which are respectively six (6) lanes wide and five (5) lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide, fast, car-oriented roads will be necessary to sustain the businesses in this development. 3a) The waiver allowing a minimum 15% frontage buildout in lieu of the 20% requirement is required in order to maintain proper site circulation. Given the drive-thru associated with the QSR use for Buildings B and C additional vehicular access is needed around these to provide adequate circulation and limit stacking at ingress and egress points. In addition, each parcel is required by City criteria to stand on its own per development. Parking areas line the vehicular access routes as another feature allowing each lot to stand on its own. 3b) The waiver allowing a maximum 67.75-ft front building setback in lieu of the 50-ft setback is requested in order to better accommodate the streetscape requirements detailed within Section 20-605 of the City’s Code. The applicant has provided an enhanced onsite landscape buffer along SR 434 to meet the canopy tree streetscape requirements. The canopy trees that would otherwise be adjacent to the SR 434 roadway have been located on site in order to avoid overhead and underground utilities. The right-turn lane in front of the site limit the amount of room available for the canopy trees immediately adjacent to SR 434. The applicant has made additional efforts to bring the buildings as close to the 50-ft maximum as possible. The drive aisle along the front of Buildings A & B has a 22-ft width and the associated front parking spaces have 18-ft lengths. These changes in addition to the 12-ft right-turn lane streetscape encroachment along the 434 frontage bring the total requested variance from code to nearly 10%. 4a) The waiver allowing drive-thru service windows on the side of Buildings B and C in lieu of the rear or alley of the building is required due to the area limitations in the vicinity of these buildings. Rotating these buildings to locate the drive-throughs at the rear would impact the amount of parking the parcel would be able to provide. If the buildings are rotated with rear drive-throughs, the buildable area in the Future Development parcel area would be negatively impacted in order to achieve sufficient parking for Buildings B and C. 120 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 5a) A waiver requesting to allow wall signs to have a maximum copy height of twelve (12) feet in lieu of three (3) feet is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec. 16-80 and 20-327.1. The increase in copy height is requested based on this property's situation at the intersection of two wide, fast, car-oriented roads, and the car-oriented development pattern that such roads necessitate. This means the buildings will be placed at a greater distance from the road than the original sign height limits account for and will therefore need to be taller to remain legible at a distance. But to reiterate, while the height of the signs is increasing, the total allowable copy area is not. 5b) A waiver requesting to allow wall signs to have a maximum letter height of forty-two (42) inches in lieu of eighteen (18) inches is requested. The total allowable copy area for wall signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code Sec. 16-80 and 20-327.1. The increase in letter height is requested based on this property's situation at the intersection of two wide, fast, car-oriented roads, and the car-oriented development pattern that such roads necessitate. This means the buildings will be placed at a greater distance from the road than the original letter height limits account for and will therefore need to be taller to remain legible at a distance. But to reiterate, while the height of the letters is increasing, the total allowable copy area is not. 6a) The waiver allowing monument-style ground signs along SR-434 within the Town Center is required as a result of location. This property is at the intersection of two major roads: SR 434 and Tuskawilla, which are respectively six (6) lanes wide and five (5) lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide, fast, car-oriented roads will be necessary to sustain the businesses in this development. Monument-style ground signs are the norm for this type of development, including at comparable properties just down the street, within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. Given this, and the fact that the property in question is near the edge of the Town Center district, we believe that allowing these monument-style signs is both fair and will not harm the city's intent within the Town Center. The proposed signs include: • One (1) short multi-tenant ground sign on the SR434 frontage serving the nearby outparcel buildings. • One (1) single-tenant ground sign, for the remaining proposed outparcel building. • Two (2) multi-tenant ground signs serving the rear tenants, which equates to one (1) for each right-of-way frontage. The total right-of-way frontage is longer than five hundred (500) feet on a major road. 121 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 6b) A waiver allowing monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated is requested. The prohibition on internally lit backgrounds for wall signs will remain intact. This waiver only allows backgrounds to be internally illuminated on monument signs. Internally illuminated backgrounds are the norm for commercial monument signs, and are already common along both SR434 and Tuskawilla, including on comparable properties just down the street within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actually within the Town Center district. The use of internally illuminated backgrounds is appropriate to the scale and speed of these adjacent major roads, which is also the circumstance that justifies the presence of monument signs. If the city chooses to acknowledge such circumstances are present by granting the Section 20-327.1(a) waiver request to permit monument signs on this property, it is reasonable that the city would also permit the use of design and construction techniques common to monument signs. 7a) A waiver allowing the use of plastic finishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint is requested. The Town Center code allows for individually cut letters to be internally illuminated, so in practice some allowance for the use of plastics is already made. Translucent plastic is a necessary component of internally illuminated signs; therefore, this waiver would be necessary for the practical exercise of the waivers allowing internal illumination of monument signs and permanent menu boards. 8a) A waiver allowing menu boards to be permanent when installed on private property in lieu of temporary is requested. The existing design standards for menu boards do not account for drive thru restaurants. If the proposed drive-thru use is approved for this property, then a permanent menu board serving the drive thru will be required. This waiver only applies to menu boards installed on private property. No permanent signs will be installed on sidewalks or public property. The proposed menu board is facing away from the public right- of-way and will be sized consistent with industry-standard drive-thru menu boards, such as that already in use by Starbucks and McDonalds across the street from this development. The proposed menu board will be constructed to the same weather-resistance and wind- loading standards as any other permanent exterior sign per applicable building codes. 9a) The waiver allowing modification to the S.R. 434 & Tuskawilla streetscape configuration and plant species is required due to conflicts with existing utilities, sidewalks, and a right turn lane within the R.O.W. Existing underground and overhead utilities within the R.O.W. currently limit the planting of trees in the configuration required by code. City Code requires a 27-ft streetscape buffer from R.O.W.’s edge of pavement. Under normal circumstances there is adequate space from the edge of the roadway to proposed development to provide for the streetscape buffer as shown in Ordinance 2020-02. The Winter Springs Marketplace property has an existing right-turn lane along the majority of 122 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 the SR-434 boundary which removes 12-ft of space the site is able to utilize for the streetscape buffer. Approximately 17-ft is provided between the property line and the edge of pavement within the right turn lane. There is existing water main, overhead electric, gas, and underground electric within this distance. An existing 5-ft sidewalk runs along the SR- 434 and Tuskawilla Road site boundaries. In an effort to work with City Staff, the applicant has agreed to place canopy trees within the limits of the onsite landscape buffer. Understory trees will be interspersed among the proposed onsite canopy trees. The existing sidewalk within the R/W will be upgraded to a 6-ft sidewalk in areas adjacent to proposed development. In the R/W, understory trees will be placed between back of curb and front of sidewalk. The proposed configuration will provide the 6-ft sidewalk required by code and allow for canopy trees within the streetscape buffer. Placing the canopy trees onsite rather than in the R/W will help prevent conflicts with the overhead utilities once the trees reach maturity. The addition of the understory trees within the R/W will help enhance the streetscape buffer for pedestrians and vehicular traffic. Existing utilities within the R/W will be adjusted to follow the routing of the new 6-ft sidewalk. Although this layout will be different than the streetscape layout it will still meet the intent of the streetscape requirements. 2. Demonstrate that the proposed development plan is in substantial compliance with Chapter 20 of the City’s Code of Ordinances and in compliance with the Comprehensive Plan? With the exception of the waivers detailed above, the proposed project meets the remaining requirements set forth in Section 20 of the City of Winter Springs Code. The site design previously underwent a full review in which the site design was further fine-tuned to incorporate all the changes requested by Staff to meet City Code. 3. Will the proposed development plan significantly enhance the real property? The majority of the property is currently undeveloped and vegetated with upland wooded areas. The eastern corner of the site is an old abandoned Pinch-A-Penny location. Proposed development will enhance the property by providing a developed and landscaped cohesive look that complements the surrounding retail and residential areas. 4. Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? The proposed development hopes to serve the Winter Springs public health and welfare by bringing a fitness club tenant and a dentist tenant under contract. Development of the property will serve Winter Springs safety by replacing the abandoned Pinch-A-Penny and overgrown undeveloped lot with clean, well lit, and secure facilities available for public access. The onsite drainage system also benefits public health and welfare with the increased water quality and nutrient removal benefits it provides to waters leaving the site. The increased commercial tax base provided as a result of this project will reduce the burden on City of Winter Springs residents. 123 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 5. Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? The waiver will not diminish the property values and seeks to maintain the essential character of the surrounding neighborhood. 6. Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under Chapter 20 – Zoning? The requested waiver is the minimum waiver that will eliminate the unreasonable conditions caused by the sections of code detailed above in the introduction of this letter. 7. Is the proposed development plan compatible and harmonious with the surrounding neighborhood? The proposed development plan is compatible and harmonious with the surrounding neighborhood. The development will complement the surrounding similar QSR, grocery, fitness club, and medical uses. Roberts Family Lane and Natures Way neighbors were involved early- on to address concerns with the proposed development. The site buffers along the residential areas incorporate input from meetings with the neighbors in further efforts to provide a site that is harmonious with the surrounding neighborhood. If you have any further questions, please do not hesitate to contact our office or email me at jonathan.martin@kimley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jonathan A. Martin Principal K:\ORL_Civil\149170016-Winter Springs Marketplace\AGENCY PERMITS\WinterSprings\APPLICATIONS\Waiver Aplication\2021-01-21 - Waiver Letter - Eleven18 Edit.docx 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Outdoor Lighting Solutions3300 Exchange PlaceLake Mary, Florida 32746www.duke-energy.com Designer Date Scale Drawing No. 1" = 60' SLC-011 of 2Proprietary & Confidential: This document togetherwith the concepts and designs presented herein,presented as an instrument of service, is the soleproperty of Duke Energy, and is intended only for thespecific purpose and prospective client as stated inthe title block of this drawing. Any use, copying,reproduction or disclosure of the drawing, design orany information contained herein by the prospectivecustomer or other entities, including without limitation,architects, engineers, or equipment manufacturers ishereby expressly prohibited and shall not be permittedabsent prior written consent from, and payment ofcompensation to Duke Energy. Duke Energydisclaims any liability or responsibility for anyunauthorized use of or reliance on this document.Lighting Design Tolerance: Calculatedfootcandle levels in this lighting design arepredicted values and are based on specificinformation that has been supplied to DukeEnergy. Any inaccuracies in the suppliedinformation, differences in luminaireinstallation, lighted area geometry includingelevation differences, reflective properties ofsurrounding surfaces, obstructions (foliageor otherwise) in the lighted area, or lightingfrom sources other than listed in this mayproduce different results from the predictedvalues. Normal tolerances of voltage, lampoutput, and ballast and luminairemanufacturer will also affect results.®Photometric Template Coverage and NotesGeneral Notes:1. Site lighting is engineered, installed, and connected per NESC for Utility work and is owned and maintained by Duke Energy under a FPSC regulatedleased lighting program.2. Lighting is fed directly from Utility secondary distribution system via closest transformer and is not connected to any metered building or service point.All conductors are direct buried at 36" BFG minimum per NESC for Utility work.3. 220W Shoebox LED poles are Promenade 35' OAL direct buried concrete tenon top with a fixture mounting height of 30' AFG, black in color.4. 70W Open Acorn LED poles are Washington 16' OAL direct buried concrete tenon top with a fixture mounting height of 12' AFG, black in color.5. 50W Pedestrian Shoebox LED poles are Colonial 22' OAL direct buried concrete tenon top with a fixture mounting height of 17' AFG, black in color.Scale : 1" = 60' Christopher CordellJanuary 04, 2021Winter Springs Marketplace - Site Lighting PlanWinter Springs, Florida Overall Site PhotometryScale : 1" = 60'Calculation SummaryLabelSymbolUnitsAvgMaxMinAvg/MinMax/MinParking and DrivesFc2.049.20.54.0818.40Luminaire ScheduleSymbol Qty LLF Description Wattage Catalog NumberLabel Lamp20.950220GAN-AF-04-LED-U-T3R220W TYPE III LED SHOEBOXColorLED LIGHTENGINEBLACKA3 0.950 220GAN-AF-04-LED-U-T4W220W TYPE IV LED SHOEBOXLED LIGHTENGINEBLACKB10.950220GAN-AF-04-LED-U-SL4-HSS220W TYPE IV LED SHOEBOX WITH HOUSE SIDE SHIELDBLACKCMounting Height (AFG)30'30'30'LED LIGHTENGINELED LIGHTENGINE40.950440GAN-AF-04-LED-U-5WQ(QTY. 2) 220W TYPE V LED SHOEBOXBLACKD30'PRELIMINARYLED LIGHTENGINE290.95070WFCL2 P40 40K XX L3 FPD8070W TYPE III LED OPEN DELUXE ACORNBLACKE12'LED LIGHTENGINE40.950140WFCL2 P40 40K XX L3 FPD80(QTY. 2) 70W TYPE III LED OPEN DELUXE ACORNBLACKF12'Detail #1: Typical Diamond Shaped Parking Stop DetailScale : N.T.S.LED LIGHTENGINE10.95050GAP-AF-01-LED-U-T4W50W TYPE IV LED PEDESTRIAN SHOEBOXBLACKG17'TPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPF TPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFA ABBBCDDDDEEEEEEEEEEEEEEEEEEEEEEEEEEEEGEFFFFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFTPFAABBBCDDDDEEEEEEEEEEEEEEEEEEEEEEEEEEEEGEFFFF2.6 2.9 3.4 3.1 2.7 2.9 2.4 1.8 1.3 1.0 0.9 0.7 0.8 1.2 1.7 2.2 2.41.6 2.3 2.8 2.6 2.7 3.2 3.0 2.6 2.8 2.7 2.2 1.9 1.7 1.8 1.7 1.3 1.4 1.8 2.2 2.6 2.80.7 1.1 1.5 1.8 2.2 2.5 2.5 2.6 3.0 2.8 2.5 2.5 2.4 2.2 2.1 2.1 2.4 2.8 2.5 1.9 2.1 2.4 2.8 2.9 2.70.8 1.6 1.8 1.8 1.9 2.1 2.2 2.1 2.2 2.5 2.3 2.1 2.2 2.2 2.1 2.1 2.1 2.1 3.0 3.8 4.0 3.9 3.20.8 2.0 2.3 2.0 1.9 2.0 2.0 2.0 1.8 1.7 1.7 1.9 2.0 2.0 2.0 1.9 2.0 2.4 2.8 3.6 3.2 3.7 4.8 5.0 3.9 2.90.8 1.7 2.3 2.0 1.9 1.9 1.9 1.9 1.1 1.1 1.9 1.9 1.8 1.9 2.1 2.2 2.8 4.0 3.8 3.1 3.0 3.5 4.5 4.1 3.0 3.21.9 1.9 1.9 1.8 0.9 1.7 1.8 2.0 2.4 2.6 2.5 3.3 3.4 2.9 3.2 3.6 3.3 3.1 3.2 0.72.3 1.9 2.0 1.9 1.6 2.0 2.4 2.9 3.1 2.6 2.5 3.1 2.6 2.8 3.0 3.0 3.1 2.9 6.3 5.5 2.0 1.01.4 2.4 3.4 2.3 2.3 2.4 1.9 2.4 2.8 2.7 2.4 3.0 3.6 3.2 2.9 2.9 3.0 2.5 1.9 2.4 1.4 1.5 1.7 2.1 1.9 1.3 0.91.0 1.9 2.1 2.1 2.4 2.9 1.8 2.2 2.5 2.4 2.3 2.6 3.0 2.8 2.8 2.8 2.9 2.7 2.2 1.7 6.3 3.7 1.8 1.4 1.3 1.2 0.9 0.80.50.7 2.1 2.1 1.9 1.9 2.5 1.8 2.3 2.4 2.2 2.3 2.6 2.8 2.8 2.9 2.8 2.5 2.0 1.7 1.8 2.0 1.8 1.0 0.8 0.70.50.51.6 2.4 2.0 1.8 1.9 2.3 2.7 2.5 2.3 2.3 2.3 2.7 3.0 3.1 3.1 2.9 2.5 2.0 1.7 1.6 1.6 1.2 0.81.6 1.9 1.8 1.7 1.0 2.6 3.2 3.2 2.3 2.1 2.1 2.2 2.5 2.9 3.3 3.4 3.2 3.0 2.4 2.0 1.6 3.9 1.9 1.5 0.91.5 1.5 1.5 1.7 0.8 2.2 3.9 6.9 2.2 2.0 2.1 2.2 2.5 3.0 3.3 3.6 3.5 3.1 2.7 2.2 1.9 1.6 4.0 3.8 1.8 1.11.6 2.2 2.6 2.2 1.5 1.6 0.9 1.4 2.6 6.5 2.3 2.1 2.1 2.3 2.6 3.0 3.3 3.6 3.6 3.2 2.9 2.4 2.0 1.6 1.4 1.6 4.0 4.0 2.4 1.21.2 1.7 2.5 2.9 3.3 3.2 2.1 1.3 1.3 1.7 2.5 3.7 2.4 2.1 2.1 2.3 2.6 2.9 3.3 3.5 3.6 3.1 2.8 2.3 1.9 1.5 1.3 1.6 2.0 1.8 1.2 0.71.0 1.5 2.9 3.1 3.1 3.2 3.1 4.0 4.3 2.0 1.6 1.5 1.8 2.1 2.2 2.1 2.0 2.1 2.2 2.4 2.7 3.1 3.3 3.3 3.2 2.7 2.4 2.0 1.7 1.5 1.5 1.5 1.4 0.71.3 2.4 3.2 3.0 3.3 3.9 4.0 3.8 5.1 2.1 1.5 1.3 1.3 1.4 1.7 1.9 1.9 2.0 2.1 2.2 2.4 2.7 2.9 3.0 2.9 2.7 2.6 2.5 1.7 1.3 0.92.7 2.7 2.7 3.1 4.0 4.9 4.9 3.8 2.7 5.0 2.8 1.7 1.2 1.1 1.2 1.5 1.7 1.9 1.9 2.0 2.1 2.1 2.2 2.3 2.5 2.6 2.5 2.3 2.2 3.6 7.6 2.7 1.7 1.22.4 3.0 2.6 3.5 4.6 3.8 2.5 2.7 1.7 1.8 1.6 1.3 1.4 1.6 1.9 2.1 2.1 2.0 2.1 2.1 2.1 2.1 2.2 2.2 2.1 1.9 1.9 7.6 4.9 2.2 1.21.7 2.3 2.3 3.0 3.3 2.7 2.5 2.4 0.9 1.2 1.5 1.3 1.4 1.6 1.8 2.1 2.3 2.2 2.2 2.1 2.1 2.1 2.0 2.0 2.0 1.9 1.7 1.6 2.7 3.0 2.3 1.41.4 1.3 1.6 2.2 2.1 2.2 1.8 1.6 1.2 1.2 1.3 1.3 1.8 2.2 2.5 2.6 2.6 2.4 2.2 2.1 2.1 2.0 2.0 2.0 2.0 1.8 1.5 1.6 1.9 1.9 1.5 0.81.0 1.8 1.7 1.6 1.1 6.3 2.3 1.6 1.3 1.2 1.1 1.2 1.5 1.7 2.6 2.9 3.0 3.0 2.8 2.5 2.2 2.1 2.0 2.0 2.4 2.4 2.3 1.9 1.6 1.5 1.01.3 1.2 0.9 0.70.55.5 2.1 1.3 1.1 1.1 1.2 1.3 1.6 2.0 2.5 3.1 3.3 3.3 3.2 2.8 2.4 2.1 2.0 2.0 2.5 4.3 2.2 1.6 1.10.9 0.8 0.8 1.0 1.6 3.2 2.3 1.6 1.0 1.0 1.2 1.5 1.8 2.2 2.7 3.1 3.7 3.5 3.2 2.9 2.5 2.2 2.0 1.9 2.4 5.4 3.9 2.0 1.30.7 0.9 1.3 2.0 6.5 1.6 1.7 1.5 1.0 0.9 1.1 1.3 1.6 2.0 2.3 2.8 3.1 3.4 3.5 3.2 2.9 2.5 2.1 1.8 1.7 4.0 2.6 1.30.6 0.9 1.5 3.5 6.4 3.6 1.2 1.2 1.1 1.2 1.4 1.6 1.9 2.2 2.6 3.1 3.3 3.4 3.3 3.1 2.8 2.3 1.9 1.6 1.4 1.8 2.2 2.0 1.3 0.80.9 1.6 2.0 2.0 1.1 0.9 0.9 1.3 1.5 1.7 2.0 2.4 2.8 3.0 3.1 3.0 2.9 2.0 1.7 1.4 1.3 1.3 1.5 1.4 0.81.0 1.5 1.3 1.0 0.8 0.8 0.9 1.0 1.1 1.5 1.6 1.8 2.0 2.3 2.6 2.7 2.7 2.4 2.1 1.5 1.4 1.2 1.1 1.1 0.9 0.61.3 1.3 1.1 0.9 0.8 0.9 1.0 1.1 1.2 1.3 1.6 1.7 1.8 2.0 2.1 2.3 2.2 2.0 1.7 1.5 1.4 1.2 1.1 0.73.0 1.6 1.3 1.1 0.9 0.9 1.0 1.1 1.3 1.4 1.4 1.5 1.6 1.7 1.7 1.8 1.9 1.9 1.7 1.5 1.3 1.3 3.2 1.6 0.92.6 1.5 1.1 1.1 1.2 1.4 1.5 1.6 1.5 1.6 1.6 1.6 1.6 1.7 1.6 1.4 1.2 1.1 1.1 1.6 3.9 1.5 1.02.8 1.9 1.1 1.1 1.2 1.4 1.6 1.8 1.8 1.7 1.7 1.6 1.6 1.6 1.4 1.4 1.4 1.2 1.0 0.9 0.9 5.4 2.5 1.10.51.6 1.6 1.1 1.4 1.6 1.9 2.1 2.1 2.0 1.8 1.7 1.6 1.6 1.5 1.3 1.2 1.0 0.9 0.8 0.7 1.2 2.1 1.9 1.2 0.61.0 1.1 1.2 0.8 1.0 1.2 2.0 2.3 2.5 2.6 2.4 2.2 1.9 1.7 1.6 1.5 1.4 1.1 1.0 0.9 0.8 0.7 1.0 1.3 1.2 0.63.64.51.8 1.1 1.0 0.8 0.9 1.1 1.3 1.6 2.8 2.9 3.0 2.9 2.6 2.2 1.9 1.7 1.5 1.3 1.2 1.5 1.5 1.5 1.1 1.0 0.81.9 4.3 6.0 4.5 2.1 1.4 0.9 1.0 1.2 1.5 1.8 2.2 2.8 3.2 3.3 3.2 2.9 2.5 2.1 1.8 1.6 1.3 1.2 1.1 2.4 1.4 1.0 0.61.0 1.5 1.9 2.4 1.9 1.7 1.1 1.0 1.2 1.4 1.7 2.0 2.4 2.9 3.2 3.3 3.1 2.7 2.2 1.9 1.6 1.3 1.1 1.0 1.1 6.0 2.2 1.3 0.71.0 1.3 1.2 0.9 1.1 1.0 1.2 1.2 1.3 1.5 1.8 2.1 2.5 2.9 3.2 3.6 3.0 2.6 2.2 1.8 1.5 1.2 1.0 0.9 4.2 2.7 1.6 0.71.7 1.7 1.4 0.8 0.6 0.6 1.4 1.5 1.8 2.0 2.4 2.8 3.1 3.3 3.3 2.5 2.0 1.6 1.4 1.1 0.9 0.7 0.8 1.5 1.8 1.5 0.85.2 3.1 1.5 0.80.50.6 0.9 1.0 1.5 1.7 1.9 2.1 2.5 2.9 3.0 3.0 2.9 1.8 1.5 1.3 1.0 0.8 0.7 0.7 1.0 1.3 1.10.51.0 3.4 5.4 2.0 0.9 0.6 0.7 0.8 1.0 1.1 1.3 1.7 1.8 1.9 2.1 2.4 2.6 2.6 2.5 2.2 1.8 1.5 1.4 1.2 0.9 0.8 0.9 1.1 1.10.51.1 2.0 5.3 4.2 1.8 0.8 1.0 1.1 1.3 1.4 1.5 1.7 1.8 1.9 2.0 2.1 2.2 2.1 1.8 1.6 1.5 1.6 1.1 1.0 1.4 1.5 1.01.2 1.2 1.2 1.7 2.1 1.6 1.0 1.0 1.2 1.4 1.6 1.7 1.6 1.6 1.7 1.7 1.7 1.8 1.9 1.9 1.8 1.5 1.4 1.3 1.6 5.1 2.0 1.5 1.4 2.1 2.4 2.2 1.32.3 2.2 1.5 0.9 0.7 1.1 1.3 1.4 1.6 1.9 1.9 1.9 1.8 1.7 1.7 1.7 1.6 1.6 1.6 1.5 1.3 1.2 1.1 6.6 3.7 1.9 1.6 8.4 6.0 2.3 1.15.0 1.8 0.9 0.6 1.6 1.9 2.2 2.3 2.2 2.0 1.9 1.8 1.7 1.5 1.4 1.3 1.1 1.0 0.9 2.9 2.2 1.6 1.5 3.1 1.4 0.85.72.0 0.9 0.6 0.9 1.2 2.3 2.6 2.7 2.6 2.4 2.1 1.9 1.7 1.6 1.3 1.2 1.0 0.9 0.8 1.0 1.5 1.6 1.3 1.1 1.2 1.7 3.8 8.2 1.1 0.7 0.62.8 2.9 1.6 0.9 0.7 0.8 1.0 1.3 1.5 3.0 3.1 3.0 2.8 2.4 2.0 1.8 1.6 1.5 1.3 1.2 1.0 1.0 1.1 1.2 1.0 1.1 1.0 1.1 2.0 2.4 2.3 1.30.50.8 1.1 0.91.4 1.3 1.0 0.8 0.9 1.1 1.4 1.7 2.1 2.7 3.3 3.3 3.1 2.7 2.3 2.0 1.7 1.5 1.3 1.3 1.8 1.2 1.0 0.9 1.4 1.0 1.0 1.4 1.3 0.80.51.4 2.0 1.9 1.30.8 0.9 0.8 0.9 1.2 1.5 1.9 2.3 2.8 3.1 3.5 3.2 2.8 2.4 2.0 1.7 1.5 1.3 1.2 1.5 6.0 1.9 1.4 0.9 0.7 2.3 1.8 1.0 1.0 1.0 0.7 6.5 5.5 2.6 1.10.7 0.8 1.2 1.5 1.9 2.3 2.7 3.1 3.4 2.8 2.3 1.9 1.6 1.4 1.3 1.2 7.1 3.6 1.6 0.9 0.6 1.2 5.7 2.8 1.7 1.4 1.1 0.9 1.8 4.9 3.9 1.5 0.91.1 1.4 1.7 2.0 2.5 2.9 3.1 3.2 2.1 1.8 1.6 1.4 1.3 1.4 3.1 2.6 1.9 1.1 0.6 4.0 3.9 2.0 1.5 1.0 1.1 1.6 3.4 8.5 1.3 0.70.51.0 1.2 1.4 1.7 2.1 2.5 2.8 2.9 2.8 1.7 1.6 1.5 1.5 1.6 2.3 3.0 3.0 1.6 0.8 0.6 1.8 1.9 1.3 0.9 1.1 2.0 2.7 2.7 1.60.5 0.5 0.51.1 1.3 1.5 1.7 2.0 2.3 2.4 2.4 2.2 1.9 1.9 1.9 2.1 2.3 2.8 3.2 2.4 1.1 0.8 0.7 0.60.51.1 3.8 4.3 2.5 1.3 1.1 1.2 1.5 1.6 0.8 1.0 1.01.1 1.2 1.4 1.6 1.8 2.0 2.0 1.8 1.6 1.6 2.9 2.5 2.5 2.5 1.7 1.4 0.8 0.6 0.9 3.6 4.5 1.7 1.6 1.4 1.4 1.6 2.2 1.6 1.2 0.61.1 1.5 1.7 1.6 1.5 1.4 1.5 1.9 6.7 2.9 2.5 2.2 2.2 2.1 2.4 1.1 0.6 2.8 3.4 1.8 1.6 1.8 2.4 6.7 3.0 2.2 1.5 0.61.1 1.2 1.3 1.3 1.3 1.2 1.2 7.5 4.3 2.7 2.1 2.1 2.3 2.1 2.5 3.5 2.4 1.5 0.7 0.8 0.7 1.9 2.1 2.1 2.0 2.1 4.2 7.0 5.8 2.3 1.2 0.71.0 1.0 1.0 1.0 1.0 1.0 1.3 2.6 2.8 2.5 2.1 1.9 2.1 2.5 2.9 2.4 2.2 2.1 1.90.56.3 4.2 2.1 1.9 2.2 2.4 3.0 1.30.8 0.8 0.8 0.9 0.9 1.1 1.5 1.8 1.6 1.4 1.5 1.8 2.2 2.7 2.9 2.1 1.8 1.9 1.7 2.1 6.7 1.4 1.70.6 0.7 1.1 1.0 1.0 1.2 1.1 1.2 1.4 1.7 2.1 2.4 2.2 1.8 1.7 1.9 2.5 2.5 0.9 1.01.4 1.3 0.9 0.9 0.8 1.0 1.3 1.6 1.9 1.8 1.5 1.5 0.8 1.0 1.0 0.70.51.4 2.2 2.0 1.6 1.0 1.0 1.2 1.0 1.2 1.4 1.5 1.3 0.9 1.3 1.3 0.85.42.4 1.6 1.6 1.7 1.4 1.1 0.9 1.0 1.1 1.2 1.7 1.5 1.7 2.2 2.43.6 1.7 2.5 3.2 2.5 1.9 1.1 3.9 1.9 1.6 2.4 5.41.3 6.0 2.8 1.9 3.5 2.4 1.8 1.6 2.96.3 3.6 2.4 1.4 1.5 1.2 1.21.8 2.4 2.6 2.2 1.50.50.9 1.6 1.5 1.0 0.71.5 3.4 6.1 5.0 2.6 1.0 0.6 1.0 1.7 1.8 1.21.8 5.1 7.19.23.7 1.5 0.9 1.2 1.1 1.8 2.9 4.50.9 1.6 3.6 9.1 3.6 1.4 0.9 0.7 4.2 3.3 2.2 2.5 6.32.1 3.0 3.2 0.9 1.1 1.6 5.8 2.8 3.01.6 2.0 2.0 2.1 2.1 3.0 9.0 8.8 6.3 2.41.6 1.8 4.1 1.6 2.1 3.4 4.4 2.9 1.31.3 2.8 6.3 1.3 1.51.5 2.20.7 1.2 1.00.70.53'-0"4'-0"Ø 10" PED 9'-0"18'-0"Ø 10" RND POLE10" SQ POLEoror9" x14" PEDNOTE:188 Outdoor Lighting Solutions3300 Exchange PlaceLake Mary, Florida 32746www.duke-energy.com Designer Date Scale Drawing No.N.T.S. SLC-022 of 2Proprietary & Confidential: This document togetherwith the concepts and designs presented herein,presented as an instrument of service, is the soleproperty of Duke Energy, and is intended only for thespecific purpose and prospective client as stated inthe title block of this drawing. Any use, copying,reproduction or disclosure of the drawing, design orany information contained herein by the prospectivecustomer or other entities, including without limitation,architects, engineers, or equipment manufacturers ishereby expressly prohibited and shall not be permittedabsent prior written consent from, and payment ofcompensation to Duke Energy. Duke Energydisclaims any liability or responsibility for anyunauthorized use of or reliance on this document.Lighting Design Tolerance: Calculatedfootcandle levels in this lighting design arepredicted values and are based on specificinformation that has been supplied to DukeEnergy. Any inaccuracies in the suppliedinformation, differences in luminaireinstallation, lighted area geometry includingelevation differences, reflective properties ofsurrounding surfaces, obstructions (foliageor otherwise) in the lighted area, or lightingfrom sources other than listed in this mayproduce different results from the predictedvalues. Normal tolerances of voltage, lampoutput, and ballast and luminairemanufacturer will also affect results.® Christopher CordellJanuary 04, 2021Light Fixture InformationPRELIMINARYWinter Springs Marketplace - Site Lighting PlanWinter Springs, FloridaLight Fixture InformationLight Fixture Information189 190 191 192 193 194 195 kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 December 21, 2020 Mr. Kevin Maddox, City Arborist City of Winter Springs Community Development Department 1126 State Road 434 Winter Springs, Florida 32708 Subject: Specimen Tree Removal Winter Springs Marketplace Site Plan Case No.: SP2020-0018 Dear Mr. Kevin Maddox, The tree removal and preservation calculations have been included as part of Sheets L0.50 and L.051 of the Winter Springs Marketplace civil development plans. These calculations depict all the trees, including the specime the Specimen Tree Report dated August 19, 2020 by Native Florida Landscapes, LLC, there are 8 specimen trees on site, all of which are Quercus virginiana/live oaks. As noted in the report, one of the specimen trees was identified as significantly decayed and should be downgraded. As a result, 7 viable specimen trees exist on site. specimen tree removal as required by Sec. 5-8 of the City of Winter Springs Code of Ordinances. The removal of these specimen trees is required due to the nutrient removal requirements in which the site is located. The site must be significantly raised in order to utilize the exfiltration treatment proposed in meeting the nutrient removal criteria. The footprint required for each of these systems and the amount the site will be raised will not allow preservation of all the specimen trees. We have made every effort, where practical, to preserve as many specimen trees as possible. Of the 7 viable specimen trees onsite, we have preserved specimen tree (Tree No. 185). To mitigate the removal of the other 6 specimen trees, we will Tree replacement on-site meets code and these trees will be planted throughout the site perimeter and internal landscaping. 328 trees are being planted for mitigation. The remaining 195 trees being removed will be mitigated by paying into the tree fund per Sec. 5-9 Table 1 of the Winter Springs Code. Sheet L1.00 of the Civil Development plans details the tree mitigation numbers of trees to be planted as replacements along with the resulting balance to be paid into the tree fund. If you have any further questions, please do not hesitate to contact our office or email me at jonathan.martin@kimley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jonathan A. Martin Principal K:\ORL_Civil\149170016-Winter Springs Marketplace\AGENCY PERMITS\WinterSprings\APPLICATIONS\Waiver Aplication\2020-12-03 - Specimen Tree Removal Letter.docx 196 197 198 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 1 of 34 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 DEVELOPMENT AND PROPERTY DIVISION AGREEMENT Winter Springs Marketplace/Tuscawilla Property Investors THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and executed this ______ day of _________________, 2021, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (“City”), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida Limited Liability Company, whose address is 630 S Maitland Avenue, Suite 100, Maitland, Florida 32751 (“Developer”). WITNESSETH: WHEREAS, Developer is the owner of approximately 8.278 acres, more or less, of real property located southwest of the intersection of SR 434 and Tuskawilla Road, in Winter Springs, Seminole County, Florida, zoned Town Center (T5 Transect), more particularly described herein (“Property”); and WHEREAS, the Developer is under contract, and intends, to purchase the additional property constituting approximately 1.95 acres, more or less, also located southwest of the intersection of SR 434 and Tuskawilla Road, in Winter Springs, Seminole County, Florida, zoned Town Center (T5 Transect), more particularly described herein, which is currently owned by Anna Ondick, Individually and as a Successor Trustee of the Robbie R. Ondick Revocable Trust dated October 7, 1991, as amended and restated on August 3, 1994 by the First Amendment and Restatement of the Robbie R. Ondick Revocable Trust dated October 7, 1991, as further amended on March 25, 1999 by First Amendment to the First Amendment and Restatement of the Robbie R. Ondick Revocable Trust dated October 7, 1991 (“Trust Property”); and FOR RECORDING DEPARTMENT USE ONLY 199 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 2 of 34 WHEREAS, Anna Ondick, as successor trustee of the Trust, also signed the application for the Final Engineering/Site Plan Approval, Aesthetic Plan Approval, Specimen Tree Removal and certain Waivers from the City Code; and WHEREAS, Developer has applied for Final Engineering/Site Plan Approval, Aesthetic Plan Approval for certain buildings on the Property, Specimen Tree Removal, and certain Waivers from the City Code in order to construct a shopping center consisting of five (5) buildings; and WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the Winter Springs City Code (“City Code”), a community workshop for the Project was held on May 28, 2020; and WHEREAS, Section 20-29(c) of the City Code requires that all site plans and waivers shall be binding on the use of the subject property and, further, that as a condition of approval by the City Commission, all development projects requiring a community workshop pursuant to Section 20-29.1 of the City Code shall be required to be memorialized in a binding development agreement; and WHEREAS, this Development Agreement shall be recorded against the Property so that the terms and conditions of approval related to the Project shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Property and Trust Property. The Property subject to this Agreement is legally described in EXHIBIT “A”, attached hereto and fully incorporated herein by this reference (“Property”). The Trust Property described in the Recitals and subject to this Agreement is legally described in EXHIBIT “B”, attached hereto and fully incorporated herein by this reference (“Trust Property”). Developer represents and warrants to the City that it has entered into a written contract (“Purchase Agreement”) to purchase the Trust Property and that the Developer intends to expeditiously pursue the completion of the closing on the Trust Property upon the Effective Date of this Agreement. Based on this representation and warranty to the City, Developer further represents and warrants to the City that it can enter into this Agreement with respect to the Trust Property for the limited purposes set forth herein prior to its acquisition of the Trust Property. However, the acquisition of fee title to the Trust Property by the Developer shall be a condition of the City’s approval of the Final Engineering Plans/Site Plan and Waivers as applicable to the Trust 200 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 3 of 34 Property, except to the extent of clearing, grading, grubbing and seeding of the Trust Property, for which the Developer has provided a Reciprocal Easement Agreement dated November 10, 2020, recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida (the “REA”). The REA specifically authorizes the Developer to perform site preparation for future development of the Trust Property, such as clearing, grading/grubbing and seeding, and such site preparation shall be a condition of this Agreement pursuant to the terms and conditions set forth in Section 4.1(J). Developer shall keep the City fully apprised of the status of said closing and shall faithfully and expeditiously complete the closing no later than one year of the Effective Date of this Agreement. (‘Closing Date”). If Developer fails to complete the closing by the Closing Date, approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property, except for clearing, grading and seeding, shall be automatically revoked. Specifically, the approval of the engineering for the intended fast food restaurant, including the fast food restaurant building and supporting parking, drive aisles and utilities, shown on “Lot 3” of the “Overall Site Plan”, Sheet C4.0 of the Final Engineering Plans (“Fast Food Restaurant Improvements”) shall be void, except for clearing, grading and seeding. The parties agree that upon conveyance of the Trust Property to Developer, this Agreement shall automatically bind, and benefit and burden, such Trust Property, and that the definition of “Property” and “Project” herein shall automatically be modified to include the Trust Property, without any further action required by either party. Upon closing of the Trust Property and conveyance to the Developer, the conditional approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property and the Fast Food Restaurant Improvements shall become final and binding. 4.0 Project Description and Requirements; Phasing. Developer shall, at its expense, design, permit and construct a five-building shopping center in a two phases on the Property, for a total of approximately 59,000 square feet of building space, as well as supporting infrastructure, stormwater pond, parking lots, and landscaping. (Hereinafter the project description and requirements are referred to as the “Project”). The “Overall Site Plan”, Sheet C4.0 of the Final Engineering Plans, is attached hereto as EXHIBIT “C” for convenience and incorporated herein by this reference. The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, and Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File Nos: SP2020-0018 Final Engineering/Site Plans, AE2020-0029 Aesthetic Review, WA2020-0026 Waiver Phase I of the Project shall consist of all buildings and improvements on the Property and clearing, grading and seeding of the Trust Property; Phase II shall consist of the Fast Food Restaurant Improvements on the Trust Property. Any development of the Future Development Area, located on the Trust Property and as shown on the “Overall Site Plan”, Sheet C4.0 of the Final Engineering Plans, shall require an amendment to this Agreement. 201 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 4 of 34 4.1 Specific conditions of approval. Specific conditions of approval for the above-referenced Final Engineering Plans, Aesthetic Plans and Waivers, include the following, which are also addressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans, and Waivers: A. To the extent that the driveway access to SR 434 and the underground chambers for stormwater collection and treatment to service the driveway as shown on the “Overall Site Plan”, Sheet C4.0 and the Overall Drainage Plan, Sheet C6.0 of the Final Engineering Plans, are located on the Trust Property, the Developer shall be required to secure easements from the Trust to allow for the construction, installation and maintenance of such facilities prior to issuance of any site clearing or building permits for the Property, if the same have not already been obtained. Except for grading and seeding/grass installation plans and except to the extent adequate easements for the driveway access to SR 434 and the underground chambers for stormwater collection and treatment are secured (if not already obtained), approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property shall be contingent upon the Developer acquiring the Trust Property within one year of the Effective Date of this Agreement. B. In the event the Developer acquires the Trust Property within one year of the Effective Date of this Agreement, Developer shall extend and install the planned streetscape along the SR 434 and Tuskawilla Road frontage of the Trust Property to match the streetscape planned for the Property. The Trust Property streetscape shall be installed either in conjunction with the Property streetscape or within twelve (12) months following acquisition of the Trust Property (subject to Section 25.0), whichever is later. However, in the event that Developer does not acquire the Trust Property and fails to complete the closing, Developer shall install as much of a matching streetscape as possible within the existing rights-of-way on SR 434 and Tuskawilla Road adjacent to the Trust Property concurrent with the installation of the streetscape on the Property. C. In the event the Developer acquires the Trust Property, the Developer shall as soon as possible thereafter demolish the existing pole sign and existing building at the corner of SR 434 and Tuskawilla Road. In any case, the Developer shall use its best faith efforts to secure the authorization from the Trust to remove the existing pole sign and existing building as soon as possible. D. A Reciprocal Easement Agreement dated November 10, 2020 has been recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida (the “REA”) affecting the Property. Developer is relying upon the REA for master planning common infrastructure between the Property and Trust Property and permitting the Project with the City. Therefore, should the REA terminate and a substantially similar agreement or declaration not be of record providing for the master planning common infrastructure between the Property and the Trust Property, Developer shall be required obtain an amendment to the Final Engineering/Site Plan in order to demonstrate to the City that the Project can standalone on the Property relative to adequate access, parking, utilities, drainage and any other previously shared infrastructure under the REA. Further, should the Property be further divided in any manner not 202 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 5 of 34 authorized by Section 28.0 of this Agreement, the City shall require, prior to the approval of the division of land, that the Developer demonstrate adequate access, parking, utilities and drainage including any other easements necessary for common infrastructure on the Property which is not already demonstrated by the REA or substantially similar agreement or declaration of record. E. The onsite wastewater collection system required to be constructed for the Project, up to the connection at the City’s manhole in Solaris Wharf Street, is to be owned and maintained by the Developer and/or future owners of the Property. F. The onsite potable water system required to be constructed for the Project, up to and including the meters at each building, is to be dedicated to the City for ownership and maintenance. A10-foot wide utility non-exclusive easement, centered over the water lines as shown in the Final Engineering Plans, shall be dedicated to the City and an appropriate bill of sale for the potable water system as described herein shall be delivered to the City prior to the issuance of any certificate of occupancy in a form acceptable to the City Attorney, free and clear of all liens. Upon completion and acceptance of the potable water system improvements by the City, the potable water system improvements shall be owned by the City and maintained, repaired and replaced by the City. In addition, the onsite irrigation system shall be connected to the City’s reuse system. The onsite irrigation system shall be owned and maintained by the Developer and/or future owners of the Property; provided, however, should any irrigation system and applicable meter be located on any single lot within the Project, then such system may be owned and maintained by the owner or occupant of such lot. The City’s meter for the reuse connection shall be located at the right-of-way line in an easement dedicated to the City in a form acceptable to the City Attorney prior to the issuance of any certificate of occupancy. G. Developer shall be required to plant at least 296 credits of new replacement trees, which shall include at least six (6) 10” d.b.h Quercus Virginia/Live Oaks to mitigate the removal of six (6) viable specimen trees on the Property. All required tree replacements shall be planted prior to the issuance of any final certificate of occupancy for any building on the Property. Tree replacements and landscaping shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at the Developer’s expense, if the City determines, after reasonable inspection, that any tree or landscaping has become severely diseased or damaged to the point that the viability of the tree or landscaping has been significantly compromised. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees or landscaping, the City shall have the right, but not obligation, to conduct said maintenance, repairs or replacements and recover the actual cost thereof from the Developer. Prior to exercising that right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period, the City may exercise its rights to maintain and replace at any time thereafter. The Developer shall additionally submit: (1) a $112,800.00 tree bank mitigation payment for trees that are not possible to replace on the Property; and (2) a Landscape Performance and Maintenance Bond in a form acceptable to the City Attorney ensuring planting and installation of all required 203 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 6 of 34 trees and landscaping should the Project be abandoned after the Property has been cleared and proper maintenance of the trees for two (2) years after planting. The tree bank mitigation payment and Landscape Performance and Maintenance Bond shall be submitted prior to obtaining the first clearing and grading or building permit, whichever is earlier. H. No building in the Project shall exceed a height of three stories. I. The City Commission herein imposes certain use restrictions greater than those otherwise specified in the Town Center zoning district to ensure any negative impacts of the commercial development are minimized and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: 1. Alcoholic beverage sales (package) 2. Alcoholic beverage on-premises consumption 3. Art supplies and picture framing shops 4. Artists’ (such as painters, sculptures, and craft makers) studios 5. Alterations, Tailoring and Shoe Repair 6. Confectionary and ice cream stores (including outside dining) 7. Dance and music studios 8. Interior decorating and draperies 9. Pet shops and grooming 10. Photographic studios 11. Physical fitness and health clubs 12. Professional and Business Offices including: a. Advertising Agencies b. Bookkeeper c. Dental d. Insurance e. Medical (clinics and laboratories) f. Title Companies g. Travel Agency 13. Restaurants, sidewalk cafes, 14. Retail uses as follows: a. Appliances, sales and service b. Antique and gift shop c. Bakery, including wholesale 204 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 7 of 34 d. Bridal shop e. Bicycle, sales/service f. Bookstores, stationery, newsstands g. Butcher shop h. Carpets, rugs and linoleum i. Computers, hardware/software/sales/service j. Drug and sundry stores (including General stores, such as Dollar Tree, Family Dollar or Dollar General) k. Dry cleaner/ Tailoring shops l. Florist/Gift Shop m. Financial institutions, banks, savings/loan (Requires Conditional Use) n. Furniture o. Grocers, including wholesale p. Hardware store q. Health food/ Snack shop r. Hobby/ craft shop s. Jewelry t. Office and stationary supplies u. Paint store v. Quick printers w. Rental stores, excluding auto/truck rentals x. Sporting goods y. Toy stores z. Wearing apparel stores 15. Salon including nail, hair, and tanning There shall be no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). J. All grass areas on the Property and Trust Property shall use Bahia grass. No St. Augustine grass or grass types with low drought tolerance shall be permitted. In accordance with the REA, the Developer shall elect to clear, grub, and seed/grass the Trust Property and diligently pursue the consent and approval of the Trust to perform such work in conjunction with the clearing, grading and landscaping of the Property. K. Dumpster service and trash pickup for the Project is prohibited earlier than 7 a.m. and later than 7 p.m. L. Commercial delivery trucks to the grocery, retail stores, and restaurants shall not be permitted to access the Property via Roberts Family Lane. M. Project construction shall be limited to Monday-Saturday 7:00 a.m. to 8:00 p.m. Construction shall be prohibited Sundays and on federal holidays. 205 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 8 of 34 N. All parking area lighting shall be designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. O. Prior to commencement of construction, the Developer shall submit for the City’s approval a plan detailing construction access and employee and contractor parking during construction. Employees and contractors and their equipment, materials and supplies shall not be parked or placed on Roberts Family Lane. 5.0 Future Permitting. The Developer shall be required to obtain Aesthetic Review approval for the remainder of the buildings not included in the Aesthetic Review file referenced above, as well as building permits, as required by the Winter Springs City Code. Developer shall be required to receive building permits and substantially commence vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the Effective Date of this Agreement. 6.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. The Developer further agrees and makes the following representations and warranties to the City: A. The Developer is lawfully seized of the Property in fee simple and has full and lawful authority to execute this Agreement and bind the Property as set forth herein. This Agreement will, when duly executed and delivered by the City and Developer, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon recording of this Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding obligation upon the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding himself and the Property to the terms and conditions set forth in this Agreement. 7.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property, and shall run with title to the same upon being duly recorded against the Property by the City. 8.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida. 206 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 9 of 34 9.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 10.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 11.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 12.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 13.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded upon the Property in the Public Records of Seminole County, Florida by the City and shall be binding upon the Property and all future owners thereof. At such time the Developer closes on the Trust Property, this Agreement shall also be recorded upon the Trust Property and shall be binding upon the Trust Property and all future owners thereof. The Developer shall be responsible for all recording fees associated with recording this Agreement upon the Property and Trust Property. 14.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 15.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and other applicable limitations on City liability whenever deemed applicable by the City. Therefore, notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City’s right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City’s potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 207 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 10 of 34 16.0 City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 17.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 18.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 19.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney’s fees and costs. 21.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement in accordance with the criteria of the City Code and the requirements 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 Developer 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, trailer, structure or unit if Developer is in breach of any term and condition of this Agreement. 22.0 Default. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue whatever remedies are available to it under Florida law or equity including, without limitation, termination of this Agreement, an action for specific performance, and/or injunctive relief. Prior to any party filing any action as a result of a default under this Agreement, the non-defaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the non-defaulting party prior to filing said action. 23.0 Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Developer fails to receive building permits and substantially commence vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the Effective Date of this Agreement. The Developer may apply to the City Commission for an extension of this Agreement, which may be granted upon good cause shown. In addition, the City shall have the right, but not obligation, 208 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 11 of 34 to terminate the Agreement if Developer permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure to the defaulting party as set forth in Section 22.0 above. If the City terminates this Agreement, the City shall record a notice of termination against the Property in the public records of Seminole County, Florida. 24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Developer hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney’s fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer’s contractor’s and subcontractor’s performance of design, permit and construction, and maintenance activities in furtherance of constructing the Project and maintaining the improvements of this Project. This indemnification shall survive the termination of this Agreement. 25.0 Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period (“Time Period”) constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than, as applicable to the City, the City’s own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions (“Uncontrollable Event”), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 26. Notice. Whenever either party desires to give notice to the other, notice shall be sent by hand delivery or certified mail, return receipt requested, and shall be sent to: For the City: Shawn Boyle, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 With additional notice to: Anthony A. Garganese, City Attorney 209 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 12 of 34 Garganese, Weiss, D’Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 For Developer: Ryan Stahl Tuscawilla Property Investors, LLC 630 S. Maitland Avenue, Suite 100 Maitland, FL 32751 With additional notice to: Nicole Latham Carolan, Esq. Winderweedle, Haines, Ward & Woodman, P.A. 329 Park Avenue North, Second Floor Winter Park, FL 32789 Either party may freely modify their respective contact person and address contained in this Paragraph by providing written notice of the modification to the other party. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; and if mailed, on the third business day after mailing. 27.0 Assignment. Prior to recording this Agreement upon the Property, Developer shall not assign this Agreement without the prior written consent of the City. Such assignment shall also require the written approval of the City by amendment to this Agreement, which shall not require a public hearing and shall not be unreasonably withheld. Any assignment authorized by this subparagraph shall require the assignee to be a formal signatory to this Agreement and fully assume all of Developer’s obligations, commitments, representations, and warranties under this Agreement. In any assignment, the rights and obligations contained herein shall be binding on successors in interest to the Property, and the terms and conditions of this Agreement shall bind and inure to the benefit of the parties hereto and any respective successors and assigns. 28.0 Division of Land. Pursuant to Section 9-14 of the City Code and in order to facilitate the implementation of the Town Center master plan, the Property and Trust Property, currently consisting for four (4) platted parcels and legally described in Exhibits A and B, shall upon the Effective Date and recordation of this Agreement be reconfigured and divided into only two (2) resulting parcels (“Resulting Parcels”) in accordance with this recorded Agreement. Each parcel is consistent with the descriptions of the Property and Trust Property, respectively. A depiction and legal description of these new Resulting Parcels is provided in Exhibit D, incorporated herein by this reference. 210 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 13 of 34 Furthermore, upon the completion of the closing and Developer’s acquisition of the Trust Property, the Trust Property shall further be divided into two (2) resulting Trust Property parcels (“Resulting Trust Property Parcels”) in accordance with this recorded Agreement, for a total of three (3) parcels overall. A depiction and legal description of each Resulting Trust Property Parcel is provided in Exhibit E, incorporated herein by this reference. Hereinafter, the Resulting Parcels and, upon the closing, the Resulting Trust Property Parcels will each be recognized by the City as developable lots under this Agreement for future permitting with the City. Any future divisions or reconfigurations of the Property or Trust Property shall be completed in accordance with the procedures provided in the Winter Springs City Code. Developer acknowledges that should Developer divide or reconfigure the Resulting Parcels or the Resulting Trust Property Parcels in the future without first obtaining the City’s approval, all future permitting shall be subject to immediate suspension by the City for the affected Parcel(s). 211 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 14 of 34 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: Charles Lacey, Mayor ATTEST: By: Christian Gowan, City Clerk Date: _______________________________ CITY SEAL APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this ______ day of ___________, 2021, by Charles Lacey, Mayor of the City of Winter Springs, Florida, a Florida municipal corporation, on behalf of the corporation, who is personally known to me or produced ___________________ _______________ as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: ________________ 212 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 15 of 34 Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness TUSCAWILLA PROPERTY INVESTORS, LLC By: Ryan Stahl Date: _______________ STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this ______ day of ___________, 2021, by Ryan Stahl, the Manager of Tuscawilla Property Investors, LLC, a limited liability company, on behalf of the company, who is personally known to me or produced ___________________ _______________ as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. 213 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 16 of 34 EXHIBIT A PROPERTY LEGAL DESCRIPTION 214 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 17 of 34 215 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 18 of 34 216 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 19 of 34 EXHIBIT B TRUST PROPERTY 217 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 20 of 34 218 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 21 of 34 219 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 22 of 34 EXHIBIT C OVERALL SITE PLAN 220 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 23 of 34 EXHIBIT D RESULTING PARCELS Resulting Parcel #1 221 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 24 of 34 222 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 25 of 34 223 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 26 of 34 Resulting Parcel #2 224 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 27 of 34 225 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 28 of 34 226 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 29 of 34 EXHIBIT E RESULTING TRUST PROPERTY PARCELS Resulting Trust Property Parcel #1 227 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 30 of 34 228 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 31 of 34 229 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 32 of 34 Resulting Trust Property Parcel #2 The Trust Property (described in Exhibit “B”) LESS AND EXCEPT the Resulting Trust Property Parcel #1 (described above) – and reflected as “Parcel 7” (Future Development) in the sketch above. 230 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 33 of 34 JOINDER AND CONSENT For and in consideration of the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ONE FLORIDA BANK, a Florida banking corporation, as holder of that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents (hereinafter referred to as the “Mortgage”) which is recorded in Official Records Book 9757, Page 1364 of the Public Records of Seminole County, Florida, hereby joins in and consents to the foregoing Development and Property Division Agreement by and between the City of Winter Springs, a Florida municipal corporation, and Tuscawilla Property Investors, LLC, a Florida limited liability company, and further acknowledges and agrees that its Mortgage shall be subordinated to such Development and Property Division Agreement and the obligations contained therein. Dated this _______ day of ______, 2021. Signed and sealed in the presence of: Print Name: Print Name: ONE FLORIDA BANK, a Florida banking corporation By: ___________________________________ Name: Title : STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of (___) physical presence or (___) online notarization, this ______ day of ___________, 2021, by __________, the _____________ of ONE FLORIDA BANK, a Florida corporation, on behalf of the corporation, who is personally known to me or produced ___________________ _______________ as identification. 231 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 34 of 34 (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 232 REGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA | FEBRUARY 22, 2021 REGULAR MEETING TITLE Discussion on Impact of Tree Mitigation Costs SUMMARY RECOMMENDATION Staff can not make any recommendations. Item is not consistent with established code or procedures. 233 REGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | FEBRUARY 22, 2021 REGULAR MEETING TITLE Discussion on Bicycle and Pedestrian Advisory Committee SUMMARY The Bicycle and Pedestrian Advisory Committee was established by Ordinance 2010-06 as a five (5) member advisory committee as required by the City's Comprehensive Plan Transportation Element Policy 1.5.18. The Committee's regular meetings are scheduled to occur quarterly on the first Wednesday of February, May, August, and November and begin at 6:30 PM. The Bicycle and Pedestrian Committee met for the first time since June of 2016 at their Regular Meeting on December 18, 2019. The Committee met again on June 17, 2020. The most recent meeting was scheduled to occur on Tuesday, February 2, 2021 at 6:30PM. This meeting was cancelled due to the inability to establish a quorum. At the February 8, 2021 City Commission Meeting, the City Commission expressed interest in potentially adding alternate or at-large members to the Committee to avoid future issues establishing a quorum. Membership of the Committee is in accordance with the term of Article III, Section 2-41 of the City Code. Section 2-41(i) addresses Alternate Members and states the following: Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or committee, unless otherwise provided by law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board or committee unless they have assumed the duties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the 234 longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. Since the February 8, 2021 City Commission Meeting, a Special Meeting of the Bicycle and Pedestrian Advisory Committee has been scheduled for Wednesday, March 3, 2021 at 6:30 PM and the City Clerk's Office has determined that a quorum can be present. RECOMMENDATION Staff requests the City Commission discuss and take any action that they deem necessary. 235 ORDINANCE NO. 2010 -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited bylaw; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Transportation Element Policy 1.5.18 directs the establishment of a trails advisory committee made up of residents who will work together to pursue the planning andimplementationofaninterconnectedtrailandbicyclesystemandmakeappropriaterecommendationstotheCityCommission; and WHEREAS, a Bicycle and Pedestrian Advisory Committee is needed to pursue the planning and implementation of non - motorized transportation linkages within and throughout the City to supplement and further enhance the value ofthe Cross - Seminole Regional Trail within the City; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -43 and 2 -44 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -43. Creation; composition; appointment of members. a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian Advisory Committee ". b) The Committee shall have five (5) members and membership on the Committee shall be in accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section. The Committee may additionally include ex officio members, who may or may not be residents of City of Winter Springs Ordinance No. 2010 -06 Page 1 of 3 236 the city, who can provide technical support or expertise in any aspect of the Committee's work. Such ex officio members will have no voting power and cannot be used for the purpose of establishing a quorum for m etings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. c) Appointees to the Committee shall have knowledge and experience or interest in the planningandimplementationofacityinterconnectedtrailandbicyclesystemnetwork, as determined byapplication. No person shall be appointed with private or personal interests likely to conflict with the general public interest. d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. e) The Committee shall establish rules and or bylaws to govern the manner in which its meetingsandaffairsareconducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. 0 The Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 - 44. Purpose and Duties. a) The purpose of the Committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non - motorized transportation in the city. The Committee shall perform the following duties: 1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the city. 2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and surrounding area. 3) Assist with identifying funding sources and implementation strategies which further thedevelopmentofaninterconnectednetworkoftrails, sidewalks and bikeways within the city. 4) Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail, sidewalk and bicycle projects. 5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive petitions and suggestions from the citizens ofthe city, and shall cooperate with civic groups, governmentalagencies, and other 9rganizations regarding trail, sidewalk and bicycle system planning and implementation Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into theWinterSpringsCityCodeandanysectionorparagraph, number or letter, and any heading may bechangedormodifiedasnecessarytoeffectuatetheforegoing. Grammatical, typographical, and like City of Winter Springs Ordinance No. 2010 -06 Page 2 of 3 237 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida;: and pursuant to City Charter. ADOPTED by the City Commission of the City of W' • er Springs, Florida, in a regular meeting assembled on the 23r day of August, 2010. J t F. BUS ;19lyor ATTES : A 'DR / 41 0 RENZO - LUACES, City Clerk Approv • : s o legal form and sufficiency for the C'- 40 r Springs onl : ANTHONY A. GARGANESE, City Attorney First Reading:April 12, 2010 Second Reading:August 23, 2010 Effective Date:August 23, 2010 City of Winter Springs Ordinance No. 2010 -06 Page 3 of 3 238 REGULAR AGENDA ITEM 502 CITY COMMISSION AGENDA | FEBRUARY 22, 2021 REGULAR MEETING TITLE Appointment Opportunities for City Boards and Committees SUMMARY The City Clerk Department wishes to inform the City Commission of the following vacancies: Per Section 2-41(e) of the City Code, "If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission." CURRENT VACANCIES: Code Enforcement Board (Vacancy arose 11/17/2020 after resignation) Seat Two – OPEN TO FULL COMMISSION; Term Expires: July 2022 Bicycle and Pedestrian Advisory Committee (Vacancy arose 2/17/2021 after resignation) Seat Four; Term Expires: February 1, 2023 Parks and Recreation Advisory Committee (Vacancy arose 2/1/2021 after term expiration) Seat Five; Term Expires February 1, 2025 Youth Council - New Board - Six (6) seats open – four (4) applications on file forwarded to Mayor & Commissioners Mayor - Two (2) appointments remaining Seat One - One (1) appointment remaining Seat Two - One (1) appointments remaining Seat Five - Two (2) appointments remaining Veterans and Veteran Families Advisory Committee At-Large - One (1) appointment available Seat Four - One (1) appointment available Seat Five - One (1) appointment available RECOMMENDATION Staff recommends the City Commission make any appointments they deem pertinent. 239