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HomeMy WebLinkAbout2021 10 25 Public Hearing 400 - Chase Bank Aesthetic Plan Review, One Waiver, Final Engineering Plans, and Development Agreement • PUBLIC HEARINGS AGENDA ITEM 400 ,n m=ared CITY COMMISSION AGENDA I OCTOBER 25, 2021 REGULAR MEETING 1959 TITLE Chase Bank - Aesthetic Plan Review, one Waiver, Final Engineering Review, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review, one Waiver, Final Engineering Plans, and Development Agreement in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. RECOMMENDATION Staff recommends that the City Commission approve, with conditions, of the Aesthetic Plan Review, one Waiver, Final Engineering Plans, Development Agreement, and adopt the findings of the Staff Report in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. 1 . Project approval is conditioned upon the execution of the Development Agreement and the terms and conditions contained therein. 2. The Developer shall include and install decorative street and traffic signs and light poles pursuant to Sec. 20-325(d) of the Town Center District Code acceptable to the City's Community Development Director. 3. The trees proposed to be planted in the public right-of-way by the Developer 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 has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, the City shall have the right, but not obligation, to conduct said maintenance, repairs or 394 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. 395 PUBLIC HEARINGS AGENDA ITEM CITY COMMISSION momo�«a 1959 MONDAY, OCTOBER 2S, 2021 1 REGULAR MEETING TITLE Chase Bank -Aesthetic Plan Review, one Waiver, Final Engineering Review, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Aesthetic Plan Review, one Waiver, Final Engineering Plans, and Development Agreement in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. General Information Applicant Kimley-Horn and Associates I Dawn M. Dodge, P.E. Property Owner(s) JPMorgan Chase Bank, National Association Location E. State Road 434 Winter Springs, FL 32708 Tract Size ±0.70 Acres Parcel ID Number 06-21-31-507-0000-0010 Zoning Town Center District (T-C) I T5 Transect I Urban Center Zone Designation FLUM Designation Town Center District Adjacent Land Use North: Town Center District South: Town Center District East: Town Center District West: Town Center District Principle building Front/principle Rear: 15 ft. Side: 5 ft. Frontage setbacks (from plane: 25 ft. (from rear min, 100 buildout: 20% property line) min. - 50 ft. max property ft. max. min. (at front (from front line) (from side setback) property line) property line) Development Lot Width: 18 ft. Lot Depth: Lot 2 stories Standards min., 180 ft. max. 30 ft. min., Coverage: minimum 160 ft. max. 100% 3 stories max. maximum Development Not applicable I Vacant Permits Development Development Agreement July 31, 2020 (Conditional Use) Agreement Development Agreement Pending (Final Engineering) 396 Code Enforcement Not applicable City Liens Not applicable Background Data• The subject property is a lot of record located at the NW corner of E. State Road 434 and Sea Hawk Cove, Winter Springs, FL 32708. The applicant is proposing a financial institution (Chase Bank) with a drive-through within the Town Center District. On November 16, 2020 the City Commission approved a Conditional Use Permit for a ±3,470 square foot (SF) building, to allow the use of a financial institution (bank) with a drive-through. The Community Development Department received an application from Kimley- Horn to construct a ±3,357 SF Chase Bank with a drive-through. The applicant has since reduced the square footage by ±113 SF. Public Notices: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) of the subject property and all Homeowner's Associations on file with the City Winter Springs (120 notices). A Community Workshop was held on June 16, 2021 and a Community Workshop flyer was mailed on May 25, 2021 (120 flyers). The flyer was mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) of the subject property and all Homeowner's Associations on file with the City Winter Springs. There were approximately 10 persons in attendance and several questions asked related to the project, but there were no objections raised at the Community Workshop regarding the proposed development. Final Engineering Plans Criteria, Sec. 20-33.1: (a) Site and final 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 final 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 engineer, concluding that the Plans satisfythe 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 final 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 PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 2 OF 18 397 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 final 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 final engineering plan and subdivision recommendations and final decisions shall be based on whether the site and final 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 final 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 traffic-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. Analysis: The applicant has demonstrated the proposed use does not affect density, as the proposed use is a commercial building. The proposed building will include a faux second two-story, meet setback requirements, and include buffers and is consistent with adjacent uses. The proposed use will not cause added noise, refuse, odor, particulates, smoke, fumes and other emissions, as the proposed use is a bank. The applicant has demonstrated that the parking and traffic-generating characteristics of the proposed use will not adversely impact the site and surrounding area. Seminole County Public Works Department/Engineering Division reviewed the Traffic Impact Analysis and stated that the development does not appear to impact County roadways. The proposed development will be designed to implement the goals and policies of the Comprehensive Plan as they relate to the Town Center District, and to continue a harmonious land use pattern with existing development. The development is consistent with existing development and recently approved developments within the Town Center District. The proposed height, scale, and intensity of the proposed development is consistent with the adjacent Wendy's and similar surrounding uses previously approved within the Winter Springs Town Center. The proposed project does not affect density, as the proposed use is a commercial building. In addition, the proposed daily hours of operation are consistent with surrounding uses. The project proposes a ±3,357 SF Chase Bank. The proposed hours PUBLIC HEARINGS AGENDA ITEM I MONDAY, OCTOBER 25, 2021 1 PAGE 3 OF 18 398 of operation are as follows: Monday- Friday 9:00 a.m. to 5:00 p.m.; Saturday 9:00 a.m. to 2:00 p.m. an ATM, will be available 24 hours a day. (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 final engineering plan requested. The site shall be of sufficient 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 to the site from SR 434. Access to the site will be provided via one (1) full access driveway off SR 434 and two (2) full access internal driveways along Sea Hawk Cove. On-site improvements which include landscape screening for dumpster areas, bicycle parking, lighting, and internal pedestrian walkways utilizing alternative pavement. As discussed further below, there is adequate off-street parking for the proposed bank. The applicant is requesting one waiver from Winter Springs City Code Sec. 20-605(b) and (d), which requires a total 27 feet of streetscape area consisting of three component parts: (1) 5-foot landscape area; (ii) 6-foot sidewalk; and (iii) 16-foot landscape and treescape area for planting canopy trees which will line the right-of- way. The waiver is to instead allow (i) 8-foot landscape and treescape area; (ii) a 6-foot sidewalk; and (iii) an 8-foot 3 inches landscape and treescape area adjacent to the right-of-way for a total of a 22-foot 3 inches area in lieu of 27-foot. Further analysis of each waiver request is listed below in the Waiver Section. (3) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Analysis:The proposed commercial development was permitted a conditional use to allow a bank within the Town Center and the SR 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 generating tax revenue. Development of the subject property as a bank is anticipated to provide an increase to the City's taxable value, as well as provide a catalyst for future commercial development in the surrounding area. (4) Whether the proposed site and final 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 flood hazards. PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 4 OF 18 399 Analysis: The subject site is currently vacant and is currently graded and ready to be developed.As a result,the proposed development will not have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. The total gross area for the site is 0.70 acres and the proposed impervious area is 0.48 acres (683%). The maximum impervious allowable to connect into the master stormwater system is 80%,therefore the site is providing less than the allowable impervious cover. A noise study is not required. 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. Noise levels are not anticipated to exceed the allowable noise decibels for this retail use. Based on Flood Insurance Rate Map (FIRM) No. 12117CO160F Community No. 120293, City of Winter Springs, Seminole County, Florida, the proposed development site lies within a Zone X (Other Areas). Zone X is for "areas determined to be outside the 0.2% annual chance floodplain. (5) Whether the proposed site and final 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 final engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. Analysis: The proposed development will be designed in accordance with the Town Center District Code, which will include the following public services; water, sewer, stormwater and surface water management, police, fire (Seminole County Fire Department). Water and sewer are available on-site and there is sufficient capacity to accommodate the proposed development and stormwater served by a master stormwater pond. Further analysis below. The proposed development is consistent with established retail/commercial developments and will not have an adverse impact on existing public services. A bicycle rack, including six (6) bicycle spaces will be placed on site, as well as sidewalks for adequate pedestrian circulation. (7) Whether the site and final engineering plan and subdivision of land, and related traffic report and plan provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood,traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. PUBLIC HEARINGS AGENDA ITEM I MONDAY, OCTOBER 25, 2021 1 PAGE 5 OF 18 400 Analysis: See approved Traffic Impact Analysis for discussion regarding impact on regarding traffic circulation. (8) Whether the proposed site and final 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 use is retail. (9) Whether the proposed site and final engineering plan and subdivision of land avoids significant 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 parking, limited hours of operation, lighting, and refuse collection, and minimal deliveries within the proposed development that are in place which will assist in limiting any perceived adverse effects. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and final 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:A security plan was provided showing that security systems will be installed. The lighting plan provided illustrates that the parking lot and building area will be lit after dark. (11) Whether the applicant has provided on the site and final 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: Not applicable for the proposed use. Proposed building is less than 20,000 S F. (12) Whether the applicant has demonstrated that the site and final 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. PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 6 OF 18 401 Analysis:The applicant has provided a Traffic Impact Analysis that states a sufficient Level of Service is maintained.The proposed site will utilize the previously stubbed out internal access road for this site's use as contemplated within the overall master design of the surrounding uses. The proposed site circulation will use internal access roads, therefore it will not heavily impact local traffic patterns. 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. Sufficient parking has been proposed for this use based on typical jurisdictional requirements. (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. Water and Sewer• Water service is available from the City's 12-inch water main northeast along the Michael Blake Boulevard right-of-way (ROW) via the 10-inch water main in the utility easement southwest along Sea Hawk Cove extending to the northwest edge and shall include a fire hydrant near end of pipeline. All utilities located outside public POWs and easements within the Chase Bank boundary shall be privately owned and maintained. The Developer will be dedicating the water pipelines and meter within the easement to the City as part of the project close out process.The development is connecting to the City's wastewater collection system via the 8-inch sanitary sewer line from the utility easement southwest along Sea Hawk Cove to the 12-inch force main northwest along the Michael Blake Boulevard ROW. The sanitary sewer collection system internal to the development will be owned and maintained by the Developer and/or Chase Bank. The development will be provided reclaimed (reuse) water for irrigation purposes from a connection to the City's 4-inch reclaim system within the East SR 434 ROW. Water Concurrency: The Chase Bank site shall be provided reclaimed water for irrigation. Chase Bankshall connect to the 4" reuse line in the median within SP 434 for irrigation of the subject property. The use of reclaimed water for irrigation purposes shall reduce projected potable water consumption for the project significantly. The remaining water service for the building shall be potable. Given the use of reclaimed water for irrigation, the projected potable water demand for the project is considered to be very low. The City reviewed the last two years of water consumption records for the Trustco Bank property, located at 8S1 E.State Road 434,which is comparable in size to the proposed Chase Bank. Trustco Bank consumed an average of 800 gallons of potable water per month for a yearly total of approximately 9,600 gallons per year. The applicant also provided water consumption records (June-August) from a similar-sized Chase Bank PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 7 OF 18 402 branch location. That Chase Bank branch location consumed an average of 987 gallons of potable water per month, for a yearly total of approximately 11,844 gallons per year. In comparison, an average single-family household is typically projected to consume 350 gallons of potable water daily and 127,750 gallons yearly. Given that the Chase Bank is projected to utilize substantially less potable waterthan a typical single- family household, the projected impact upon the City's water utility is de minimis. Stormwater• This project development site is located on Lot 1 within Winter Springs Town Center District. The Winter Springs Town Center Phase II Stormwater Report prepared by Lochrane Engineering, Inc. shows that the Stormwater quality and quantity for the proposed Chase Bank project is provided by the master drainage system. The master Stormwater management system for this site was permitted under SJPWMD Permit No. 95027-2, which allowed the construction of a ±38-acre mixed-use development and was designed to provide treatment and attenuation for ±30 acres of impervious area for the entire development. This project consists of the construction of a ±3,357 SF commercial building and associated sidewalks, parking lot and utility infrastructure. The Stormwater runoff will be conveyed to the master Stormwater system which accounts for a maximum allowable impervious area of 80%. Lot 1 is a total of 0.71 acres and proposes 0.48 acres of impervious area and 0.23 acres of pervious area. Therefore the proposed impervious area of 0.48 acres is 0.09 acres less than the maximum allowable of 0.57 acres. The proposed development will be designed in accordance with the Town Center District Code, which will include the following public financial institution services (i.e. banking, savings, loan, etc.); water, sewer, Stormwater management and surface water drainage systems, police, fire and rescue (Seminole County Fire Department). The proposed development is consistent with established retail developments and will not have an adverse impact on existing public services. Transportation: The proposed development will change the existing drive lane configurations for the adjacent properties and connect proposed traffic circulation to existing drive lanes. An evaluation of traffic has indicated that there will be a minimal to no impact and the conceptual plan details safe and efficient means of ingress and egress for the proposed development. The applicant's proposal includes a Traffic Impact Analysis that indicates the operation at a satisfactory Level of Service. The anticipated trip generation for the financial institution (bank) use proposes 347 new net daily trips, of which 33 will occur in the A.M. peak hour and 71 will occur in the P.M. peak hour. The trip generation calculation for Chase Bank was previously addressed in Traffic Impact Analysis with the overall platting of Ocean Bleu retail shops, Starbucks, and Wendy's Fast Food. The proposed development is projected to generate 2,422 new net daily trips, of which 279 will occur in the A.M. peak hour and 186 will occur in the P.M. peak hour. PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 8 OF 18 403 Parking Analysis: Per Section 20-324ofthe City's Land Development Code (LDC),there are no minimum parking requirements in the Town Center. The City required the applicant to provide a traffic study and a parking study which was prepared by the applicant based from the 10th Edition Institute of Transportation Engineers (ITE) Parking Generation Manual. For comparison purposes, Section 9-277 of the City's LDC defines off-street parking requirements for specific land uses. The following minimum parking ratios for the proposed land use is defined in the Code: • General Business: One (1) parking space for each three hundred (300) SF of floor space in the building exclusive of storage space. A total parking supply includes nineteen (19) parking spaces and three (3) handicapped parking spaces at a parking ratio of 3.47 spaces per one-thousand SF to serve the proposed bank's parking demand. Adequate parking is proposed for this use based on typical jurisdictional requirements, the development provides a total of twenty-two (22) parking spaces. The applicant has provided preliminary designs to show traffic impact and site circulation.The applicant has provided a Traffic Impact Analysis that states a sufficient Level of Service is maintained.The proposed site will utilize the previously stubbed out internal access road for this site's use as contemplated within the overall master design of the surrounding uses. The proposed site circulation will use internal access roads, therefore it will not heavily impact local traffic patterns. 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 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. ReviewAesthetic 1. The plans and specifications 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. PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 9 OF 18 404 Analysis: The proposed building contributes to the existing architectural ecosystem of development by conforming to the systemic properties existing and planned. Design features including metal awnings extend the rhythm of the project development. The exterior color palette is in harmony with the Starbucks and the Wendy's on the northsside of SR 434which will safeguard the surrounding area and the cultural ecosystem of the community. Overall, the architectural intent of the development Chase Bank includes architecture that is complementary to the styles of architecture in the Town Center. The site was developed to encourage pedestrian use and the proposed development will provide an interconnected system of sidewalks with the larger system of pedestrian itinerary in mind. 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: The plans are harmonious with the color scheme, materials, and character of the Winter Springs Marketplace, which will be developed south of SP 434. 3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Analysis: The architectural design intent is to contribute and enhance the architectural aesthetic design within the area. It contributes to the progressive attributes planned and existing within the City of Winter Springs. Architectural elements along with the project's materials and composition enhances and expands the reach of these design features. The proposed design shares the appropriate scale and design intent of the Town Center (Winter Springs Marketplace, Wendy's, and Starbucks). 4. The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. Analysis: The proposed project enhances the character and overall aesthetics of the surrounding area. The City of Winter Springs is comprised PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE OF 18 405 of diverse architectural styles and therefore, the all of proposed buildings taken as a group demonstrate deemed significant based upon commonly accepted architectural principles of the local community. S. The proposed project has incorporated significant 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 development is designed to contribute to the quality architectural styles that are typical with recently approved developments within the Town Center. Chase Bank includes a faux second story with second story display windows. The exterior provides series of straight lines which continues the existing rhythm across the facade of the building. Significant design features include architectural design elements include; architectural brick, wood-look exterior wall panels, and warm-neutral paint colors similar to the adjacent Wendy's and Starbucks. Waiver Requirement Section 20-34. -Waivers. • Any real property owner may file 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 final 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. PUBLIC HEARINGS AGENDA ITEM I MONDAY, OCTOBER 25, 2021 1 PAGE 11 OF 18 406 • All waiver recommendations and final decisions shall complywith the following criteria: SubsectionWaiver criteria set forth in • 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 significantly 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 one waiver request listed below: PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 12 OF 18 407 Waivers Request/Justification 1. The applicant requests a Waiver from Winter Springs City Code Sec. 20- 60S(b) and (d), from Winter Springs City Code Sec. 20-60S(b) and (d), which requires a total 27 feet of streetscape area consisting of three component parts: (1) S-foot landscape area; (ii) 6-foot sidewalk; and (iii) 16-foot landscape and treescape area for planting canopy trees which will line the right-of-way. The waiver is to instead allow (i) 8-foot landscape and treescape area; (ii) a 6- foot sidewalk; and (iii) an 8-foot 3 inches landscape and treescape area adjacent to the right-of-way for a total of a 22-foot 3 inches area in lieu of 27- foot. Justification: The Applicant is requesting a waiver in order to provide a frontage along State Road 434 continuous with the adjacent Lot 2 of the development (Wendy's).The Wendy's project provides an 8' landscape and treescape area, a 6' sidewalk, and 8' landscape treescape area. This project proposes 8' of landscape and treescape area, a 6' sidewalk; and 8' landscape and treescape area adjacent to the right-of-way. In addition to providing a continuous frontage,the existing frontage consists of a S'sidewalk abutting a 2' landscape and treescape area along SR 434.This project proposes an increase in sidewalk width from S' to 6' to comply with City Code and align with the recently constructed Wendy's sidewalk. The proposed sidewalk jogs down to tie into the existing pedestrian curb ramp and crosswalk which provides access across the shared driveway between the proposed site and the existing McDonalds.The project does not propose any modifications to this ramp as to minimize impacts to the surrounding properties and utilities abutting the existing curb ramp. City Code: City Code Sec.20-60S(b) and (d) Transect Standards I Table TS (Urban Center Zone). Staff supports the requested waiver and supplied justification. The waiver request will provide continuous streetscape along the frontage road and interior landscaping between adjacent lots. Similar requests have been approved in the Town Center (Wendy's and Winter Springs Marketplace). AGENDAPUBLIC HEAPINGS ITEM I MONDAY, . : 408 Waiver Analysis• In evaluation of the one (1) proposed waiver request, the applicant has satisfied the eight (8) specific criteria and supports the one (1) waiver request as listed above. The site is part of an overall master development that has previously been approved by the City which is in substantial compliance with Chapter 20 of the City's Code of Ordinance, Comprehensive Plan, and Land Development Code. The proposed waiver requests are to provide streetscape consistent with the previously approved master site and adjacent Wendy's development. The site is part of an overall master development that was previously permitted thorough the City. The proposed use is consistent with the approved master development, therefore it is compatible and harmonious with its surroundings. Reports• The Final Engineering submittal is required to include the following reports or updates of previously prepared reports for the same property. July 1994 Easement Agreement July 12, 2018 Phase I Environmental Site Assessment I PM Environmental, Inc. October 30, 2018 Geo Technical Report I Terracon March 2019 Transportation Impact Analysis I Traffic Planning and Design, Inc. May 2019 Declaration of Covenants, Restrictions and Reciprocal Easement Agreement I PEA Recorded June 2019 Purchase and Sale Agreement July 2020 Development Agreement I JP Morgan Chase Bank, N.A. Conditional Use January 27, 2021 Stormwater Narrative I Kimley Horn June 17, 2021 Water I Kimley Horn June 24, 2021 Review Criteria Response Kimley Horn July 2021 Development Agreement JP Morgan Chase Bank, N.A. Final Engineering, Aesthetic Review and Waiver PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 14 OF 18 409 Procedural History: October 10, 2019 Conditional Use Application Submittal I CU2020-0008 February 20, 2020 Community Workshop 1 110 Notices March 13, 2020 Aesthetic Review I AE2020-0007 October 7, 2020 Planning &Zoning Board/Local Planning Agency Cancelled November 4, 2020 Planning &Zoning Board/Local Planning Agency Recommendation of Approval for Conditional Use November 16, 2020 City Commission I Approval for Conditional Use January 28, 2021 Final Engineering Application I SP2021-0005 March 29, 2021 Waiver Application I WA2021-0022 June 16, 2021 Community Workshop 1 120 Notices July 1, 2021 Planning &Zoning Board/Local Planning Agency Cancelled August 5, 2021 Planning &Zoning Board/Local Planning Agency Recommendation September 13, 2021 City Commission Continued October 25, 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 Pule Powers City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Ch20, Sec. 20-1. Definitions. Ch20, Sec. 20-33. Conditional Uses. Section 20-34 Waivers Ch20, Sec. 20-601. - Streetscape Requirements. Division S. Sounds Levels by Receiving Land Use Division 12. -Town Center District Code Sec. 20-325. -Transect standards. City of Winter Springs Comprehensive Plan. Future Land Use Element, Policy 1.1.6 PUBLIC HEARINGS • ITEM I MONDAY, OCTOBER 410 Fiscal Impact• Development of the subject property as a bank is anticipated to provide an increase to the City's taxable value, as well as provide a catalyst for future commercial development in the surrounding area. Impact Fees/Unit > Based on total SF (square footage), GFA (gross floor area) unless noted otherwise- Non-Residential. Chase Bank -±3,337 SF (Bank w/ Drive-up ATM) Commercial Transportation/Road: $ 4,363.00/3.337 SF = $ 13,324.71 Fire: $ 72.00/3.337 net SF = $ 241.70 Police: $ 0.136 per SF $ S23.69 Parks & Recreation: N/A City Impact Fees (Chase Bank) Total = $ 16,090.10 NOTE-This is only an estimate (subject to change) and official impact fee calculations will be determined based on Final Engineering plans submitted and approved for permitting application and reviews. Development 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 Wednesday, June 16, 2021. The draft Development Agreement is enclosed as an Exhibit hereto. In addition, as part of the conditional use approval for a bank/financial institution, the Developer previously entered into a "Conditional Use" Development Agreement, which included the following specific conditions of approval. These conditions of approval continue to remain in full force and effect: 1. The Developer's Conceptual Sketch, as shown in Exhibit 3 - Conceptual Plans, includes a common driveway access with the adjacent parcel, which will be constructed to straddle the Property's eastern property line. The adjacent parcel is intended to be a future Wendy's fast food restaurant, which itself is the subject of a certain Development Agreement recorded in the Official Records of Seminole County at Book 9338, Pages 74S-7SS ("Adjacent Parcel"). Therefore, the Developer has provided an executed Declaration of Covenants, Restricts and Reciprocal Easements Agreement, recorded in the Official Records of Seminole County at Book 9334, Pages 127-163, on May 14, 2019 ("Declaration"), which includes an easement for reciprocal ingress and egress between the Property and the Adjacent Parcel ("Access Easement"). Should the parties ever mutually desire to terminate the Access Easement set forth in the Declaration, prior to executing such termination,the parties shall be required to seek and receive consent from the City of Winter Springs and obtain an amendment to the future site plan and final engineering plans. PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 16 OF 18 411 2. There shall be no retail sales of alcohol and no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). The Development Agreement for the current final engineering, aesthetics and waivers applications has been drafted to address several important issues regarding the proposed Final Engineering Plans. Specific conditions of approval in this Development Agreement are as follows: A. The Developer shall include and install decorative street and traffic signs and light poles pursuant to Sec. 20-325(d) of the Town Center District Code acceptable to the City's Community Development Director. B. The trees proposed to be planted in the public right-of-way by the Developer 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 has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, 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. Staff Recommendation: Staff recommends that the City Commission approve with conditions the Aesthetic Plan Review, one Waiver, Final Engineering Plans, Development Agreement, and adopt the findings of the Staff Report in order to construct a ±3,357 square foot (SF) financial institution (Chase Bank) with a drive-through within the Town Center District. 1. Project approval is conditioned upon the execution of the Development Agreement and the terms and conditions contained therein. 2. The Developer shall include and install decorative street and traffic signs and light poles pursuant to Sec. 20-325(d) of the Town Center District Code acceptable to the City's Community Development Director. 3. The trees proposed to be planted in the public right-of-way by the Developer shall be subjectto 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 has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, the City shall have the right, but not obligation, PUBLIC HEAPINGS AGENDA ITEM I MONDAY, OCTOBEP 25, 2021 1 PAGE 17 OF 18 412 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 anytime thereafter. 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WITNESSETH: WHEREAS, Developer is the owner of approximately 0.70 acres, more or less, of real property located in the Winter Springs Town Center, T5 Transect, generally west of the intersection of Eagle Edge Lane and SR 434, Winter Springs, Seminole County, Florida, more particularly described herein("Property"); and WHEREAS, Developer has applied for Final Engineering/Site Plan Approval, Aesthetic Plan Approval, and one Waiver from the Town Center Code in order to construct a local branch of a Chase Bank with a drive-through on the Property; 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 June 16, 2021; 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 DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association. Page 1 of 10 438 WHEREAS, the Property is also subject to a previously executed Development Agreement, dated November 16, 2020, which was a condition of approval for a conditional use permit to operate a financial institution/bank in the Town Center District, and recorded in the Official Records of Seminole County, Florida, Book 9768, Page 969 (hereinafter, the "Conditional Use Development Agreement"); and WHEREAS, this Development Agreement is not intended to supersede, but rather to supplement,the previously-executed Conditional Use 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. The real property subject to this Agreement has a tax parcel identification number of 06-21-31-507-0000-0010 and is legally described in EXHIBIT "A", attached hereto and fully incorporated herein by this reference("Property"). 4.0 Project Description and Requirements. Developer shall, at its expense, design, permit and construct a 3,357 square-foot bank with a drive-through ATM on the Property, located in the City of Winter Springs Town Center. The bank and all public and private project infrastructure shall be constructed in a single phase. (Hereinafter the project description and requirements are referred to as the "Project"). The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, and Waiver that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File Nos: Final Engineering SP2021-0005, Aesthetic Review AE2020-0007, Waiver WA2021-0022 A copy of the overall Site Plan is shown for convenience in EXHIBIT "B", attached hereto and. fully incorporated herein by this reference. Specific conditions of approval for the above- referenced Plans and Waivers, which are also addressed in the staff report for the Final Engineering/Site Plans,Aesthetic Plans, and Waivers are as follows: DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association. Page 2 of 10 439 A. The Developer shall include and install decorative street and traffic signs and light poles pursuant to Sec. 20-325(d) of the Town Center District Code acceptable to the City's Community Development Director. B. The trees proposed to be planted in the public right-of-way by the Developer 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 has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, 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. All conditions of approval contained in the Conditional Use Development Agreement shall also remain in full force and effect. 5.0 Future Permitting. Developer shall be required to receive building permits for the Project within two (2) years of the Effective Date of the Conditional Use Development Agreement, as provided therein. Further, the Developer shall substantially commence vertical construction of buildings, which shall at minimum include building foundations, within two and one-half(2 1/2)years of the Effective Dave of the Conditional Use Development 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. 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. DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association. Page 3 of 10 440 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. 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 in the Public Records of Seminole County, Florida by the City. The Developer shall be responsible for all recording fees associated with this Agreement. 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). DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association. Page 4 of 10 441 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(1) Developer fails to receive building permits for the Project within two (2) years of the Effective Date of the Conditional Use Development Agreement; or (2) Developer fails to substantially commence vertical construction of buildings, which shall at minimum include building foundations, within two and one-half(2 '/2) years of the Effective Date of the Conditional Use Development 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, to DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association, Page 5 of 10 442 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 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 Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority(other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary,that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 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 Garganese, Weiss, D'Agresta& Salzman,P.A. 111 N. Orange Avenue, Suite 2000 Orlando,FL 32802 DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association. Page 6 of 10 443 For Developer: JPMorgan Chase Bank,National Association 1111 Polaris Parkway Mail Code OHI-0274 Columbus, OH 43240-2050 Attn: Real Estate Transactional Regional Manager Either parry 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 completing the construction of the Project and reaching final build-out of the Project,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. However, Developer shall be entitled to assign its rights and obligations under this Agreement to a parent, subsidiary, or affiliated entity in which Developer or its members are members or interest holders without City consent, provided that the City is given notice of such assignment in accordance with Section 26.0 herein. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: Kevin McCann,Mayor ATTEST: Date: By: Christian Gowan, City Clerk APPROVED AS TO FORM AND LEGALITY CITY SEAL For the use and reliance of the City of Winter Springs, Florida only, DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association. Page 7 of 10 444 Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs rida Signed, sealed and delivered in the JP MORGAN CHASE ATIONAL presence of the following witnesses: ASSOCIATI N 7no:e��-- Print na Signae of Wand title Gj l/ �- itnes M r Vie/le-- /gGOs f c- Printed Name of Witness Date: / (�7e " Signature o ess /0,�t ��Z Printed N4ne of Witness STATE OF COUNTY OF 0-0 The foregoing instrument was acknowledged before me by means qf LV-1/physical presence or onli e notarization, this 23 day of , 2021, byT i6 of JP Morgan Chase Bank National Asstion, on behal of the Association, who is personales known to me or produced as identification. (NOTARY SEAL) t1249 (Notarylrl re Plx� 6 /�e-Z, (Print Name) �j� Off:",•• MELBAM>Z 1Q 1d1 1, �?•• `�=; Notary Public, State of *; #; MY COMMISSION#GG 357573 Commission No.: 66 kJ6 7573 EXPIRES:October 31,2023 9ondedThruNotary PubkUrWerwfts My Commission Expires: 06.6 -Cl 7i 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. DEVELOPMENT AGREEMENT City of winter Springs and JP Morgan Chase Bank National Association. Page 8 of 10 445 EXHIBIT A PROPERTY LEGAL DESCRIPTION LOT 1, WSTC OCEAN BLEU. ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 84, PACES 37 AND 38, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. DEVELOPMENT AGREEMENT City of Winter Springs and 7P Morgan Chase Bank National Association. Page 9 of 10 446 EXHIBIT B SITE PLAN i tilt + _Y 1 Sf S HAWK COVE [i {i .. .o0. _ ✓�3 V. I j Y } s^ }ill µ " TATE ROAD 434 .A. ... v s�cm ocixurnncoa � nqv cmo DEVELOPMENT AGREEMENT City of Winter Springs and JP Morgan Chase Bank National Association. Page 10 of 10 447 Project Site Parcel ID# 06-21-31-507-0000-0010 lF 4, SUBJECT PROPERTY y 4 .. a 448 CITY OF WINTER SPRINGS k COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 t« , .d customerservice(a winterspringsfl or Application—Site Plan Review/Subdivision The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant. The application shall be reviewed per Florida Statue 419.001. The sufficiency review shall be completed within thirty(30)calendar days per FL Statue 166.033. By submitting this application, you hereby grant temporary right of entry for City officials to enter upon the subject property for purposes of evaluating this application. Site Plan Type: Type of Development: Residential X Non-Residential Plan Sales Trailer Preliminary Review Final Review Combined Preliminary/Final Resubmittal Recorded Plat Project Name: Chase Bank SR 434 and Tuskawilla Date:01/05/2021 Applicant/Ament Information: Applicant(s): Dawn M Dodge, P.E. Mailing Address: 100 2nd Ave. S., Suite 105N, St. Petersburg, FL 33701 Email: dawn.dodge@kimley-horn.com Phone Number: 727-498-2202 Person Who Will Upload Plans* (First,Last): Nicole, Berlin Email: nicole.berlin@kimley-horn.com Phone#: 727-498-2594 Property Owner(s)Name(If Applicant is not the Property Owner): Name: JPMORGAN CHASE BANK NA Email: Phone#: Mailing Address: 1111 POLARIS PARKWAY COLUMBUS OHIO 43240 Phone Number: Site Information: Project Address: E State Road 434, Winter Springs, FL 32708 Parcel ID(s): 06-21-31-507-0000-0010 Parcel size: 0.70 acres Existing Use: Vacant Commercial Proposed Use: Bank Zoning District: Town Center District (T-C) Future Land use: Town Center District (T-C) 2020/02 Page 1 of 3 449 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice@Mjgters ria sfl.or Application—Site Plan Review/Subdivision Is the property located in the Town Center District? X Yes No Is the property within the S.R. 434 Corridor Overlay District? Yes X No Is the property located in the GreenewayInterchange Zoning District? Yes X No The Planning and Zoning Board/Local Planning Agency shall review Site Plan Applications and make a written recommendation to the City Commission. The City Commission shall render all final decisions regarding Preliminary and Final Engineering Plans and may impose reasonable conditions on any approved plans to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based upon the applicable criteria as set forth in the City's Code of Ordinances Chapter 9,Land Development and Chapter 20,Zoning. Applicants are advised,that if they decide to appeal any decisions made at the meetings or hearings,with respect to any matter considered at the meetings or hearings,they will need a record of the proceedings and,for such purposes, they will need to ensure that a verbatim record of the proceedings is made,at their cost,which includes the testimony and evidence upon which the appeal is to be based,per 286.0105,Florida Statutes. Application Fees: Fees are shown below plus actual costs incurred for advertising or notification,and reimbursement for technical, and/or professional services which may be required in connection with the review, inspection or approval of any development(based on accounting submitted by the City Consultant),payable prior to approval of the pertinent stage of development. Residential Site Plan Review Preliminary Site Plan(includes two reviews) $1,200+$5/lot Final Site Pian includes two reviews) $1,000+$10/lot Combined Preliminary/Final includes four reviews) $2,200+$15/lot Non-Residential Site Plan Review Preliminary Site Plan includes two reviews $3,000+$5/lot Final Site Plan includes two reviews $2,500+$10/lot Combined Preliminary/Final(includes four reviews) $5,500+ $15/lot Sales Trailer Plan $200 Recorded Plat+actual cost $500 Resubmittal each review $500 Total Due $5,515.00 2020/02 Page 2 of 3 450 CITY OF WINTER SPRINGS o '« COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice&winterspringsfl org 1959 Application—Site Plan Review/Subdivision THIS APPLICATION MUST BE SIGNED IN THE PRESENCE OF A NOTARY This is to certify that I am the owner in simple fee of the subject property as described in this application for Site Plan Review. Property Owner(s)Name(Print): JQ Property Owner Signature: Date: 2 Property Owner(s)Name(Print): Property Owner Signature: Date: STATE OF110"—/-A— COUNTY OF /711 The foregoing Inst ent was acknowledged before me this O day of �Q"�`� , 20 2'13 by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: �/_IV 202- (seal): Notary Public Signature: ANELBA BM My Commission Expires: • J 202-.3 =+ My COMWgWoN#GG 351513 4 EXPIRES:October 3t,2423 B&ndAd ryu W tory PuHiic Unietodws Note: If the applicant is not the property owner the Property Owner shall sign and have their signature notarized below,authorizing the applicant and/or agent permission to submit the Site Plan Review application. Property Owner's Name(Print): Property Owner Signature: Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission Expires: 2020/02 Page 3 of 3 451 CITY OF WINTER SPRINGS CD.NIMUNITY DEVELOPMENT DEPARTMENT 1126 East Sin It!Road 434 Winter Springs,Florida 32748 WE x� ClSS1 amer5rr�•iecrr`f�v'int�rspri nu sf}_r�r� :rico p:r]t-d Application—Aesthetic Review REQUIRED INFORMATION: Applicants): ckikSI'- 5&r,>k. __ Date: Mailing address: � 1 t'� :s ;ar G' o ��'�L�r b s C, 04 3.2Ya Email: r-. &160,J C> Phone Number- 414 — 217 Property Owner(s): ]DBS Winter Springs,LLC Mailing Address: 14608 N Dale Mabry Highway,Tampa,FL 33618 Email: b,schdtz@oceanbleugroup.com Phone Number, (813) 760-2621 Project Name: A51 ?>Aa2k Property Address: t 6 S x!3'/4 -T•KSGA ��t Parcel ID(s): Parcel Size: �70 A eo-c-S Existing Use: F'A-e.#N Future Land Use: Uho L[.. Zoning District: _ -To,.,0 Final Engineering Approval Date: Has the applicant agreed to 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? lyes�_ No List all witnesses that die applicant intends to present to the City Commission to provide testimony: C7J<,f� w►z, E`_ A�l�►-rte.w� [� F t.�_� 5 D�5 ty � S, Li-c, Describe with specificity any evidence which the applicant intends to present to the City Commission, including oral factual testimony, in ups,photographs, records or reports and/or expert testimony: 2019/10 Pace 2 or, 452 CITY OF WINTER SPRINGS E. COMMUNITY DEVELOPMENT DEPARTMENT m 1126 East Slate Road 434 n 1Vinter Springs,Florida 32748 EresrFon�eQ cu gu ny rsea i Ce'&Wi nic rsp H n Qs 1U.)rL 1959 Application—Aesthetic Review Attach all documentary evidence which the applicant intends to present to the city commission to the back of this application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted at the city commission hearing if not submitted at least seven (7)days prior to such hearing` CRITERIA FOR REVIEW: I. The PLANS AND SPECIFICATIONS of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, convast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community_ 2. The PLANS for the proposed project are in harmony with any future development which has been formally approved by ilia City within the surrounding area. 3. The PLANS for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed,permitted but not fully constructed,or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations: b. Size and arrangement of elevation facing the street,including reverse arrangement;or c. Other significant Features of design such as, but not Iimited to: materials, roof fine, hardscape improvements, and height or design elements. 4. The PLANS for the proposed project are in harmony with, or significantly enhance, die established character of❑dter buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. 5. The PROPOSED PROJECT is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Winter Springs, design criteria adopted by the City (e-g. Town Center guidelines, SR 434 design specifications)and other applicable federal, stale or local laws. 6. The PROPOSED PROJECT has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers_ porches, arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. aUrwia rvgo 3 ors 453 CITY OF WU] TER SPR]NGS COMMUNITY DEVELOPMENTDEPARTMENT 1126 Enst State Rend 434 Winter Springs,Florida 32708 per, �n CLSiI?ITSL'n.iifViCE'�'[I'lYlgi!CiS prIPiS{ .111' 'r-19:9 Application–Aesthetic Review REQUIRED DOCUMENTATION (PDF): A complete Application and applicable fee Minor(Site less than 2 acres)–5300*- - 340*—Major(Site greater than 2 acres)–5600'4 Modification of previously approved Aesthetic Review–$300* A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries ofthe subject property(To scale). Site Plan Building Elevations(color) illustrating all sides of structures COLOR RENDERING illustrating street view with landscaping:at time of planting; _ ILLUSTRATIONS of all WALLS, FENCES, AND OTHER ACCESSORY STRUCTURES and indication of their height and the materials proposed for their construction; SIGNAGE ELEVATIONS or proposed exterior permanent signs, outdoor advertising or other constructed elements other than habitable space,if any; ID ENT]FIC ATi ON of MATERIALS, TEXTURES, AND COLORS (include paint chips)to be used on all buildings,accessory structures,exterior signs, and other constructed elements; OTHER architectural and engineering data as may be requested to clarify the application. For all new commercial development and new residential subdivisions often (10)or more lots or existing commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity and requiring a modified site plan.or development agreements process under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the city code and the affect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the Following additional information referenced in Chapter 20–Zoning Sec-20.29 Applications(7)–(11) Fees are as shown aboveplus actual costs incurred for advertising or notification, and for reimbursement for technical and/or processional services which may be required in connection with the review. inspection or approval of any development(based on accounting submitted by the city's,consultant),payable prior to approval of the pertinent stage of development. 201INI;1 Puge 4 or 5 454 CITY OF WN TNTCR SPRINGS COM M UNITY DEVE LOPMENT DEPARTMENT If 26 East State Road 434 Whiter Springs,Florida 32108 nF•��,•,:$,{� � csrsti�lncrscn�i�e'rl;��'€ntelnilr�stl.nr�: 7 s Application -Aesthetic Review CITY LIMITED RIGHT OF ENTRY:By submitting this Application you hereby grant temporary right of entry for City Officials to enter upon the subject property for purposes of evaluating this Application and posting on the subject property. APPLICANT'S AUTHORIZATION: I desire to make Application for an Aesthetic Review for the aforementioned project and have read and agree to the terms contained herein. In addition, if the Applicant is a corporate entiry, the undersigned hereby represents and warrants that heAhe is authorized to act on behalf of, and bind.the corporate entity. Applicant Name(Print): i 1 Applicant SignatuT Date: � �a 20 Business Name: ,1 Address: Parcel LD: r STATE C7f'�_COUCNTY OF The, foregoing i tru ent was acknowledged before me this—LD—day of � 2020, by GL '�C+GD � � who is personally known to me or who has produced as identi frcation an7- WFo did/:did not take an oath. Daie: 0 (sea 1): Notary Public Signature: ANELELAeAF-Z My Commission expires: - ''_ r�rt:ot'ausssio'`rncca��rs EMIRES:Gdnbw 3t,2023 [a"rlvu Notary Pubk tlyder�r'em '%Jrrlt: The Property 0 1L•'ller shall sign ,in(!have Their signature nowrwed bt-,io\-, if d-.0 Applicant is nol 111e 0I Ilff of[Ile Whject properly. Property Owner's Name (Print : :5�i IAC! LLG - Property Owner Signature: Date S G3-zo STATE OFEL COUNTY OF i L 044 The foregoing instrument was acknowledged befo e this13 !da} of 24 70 . by ('�1 6 wg'LA-41)D who is persu no to me or who has produced as identi!'cation�djT7did not tike a17 oath. Date: (seat)- Notary Public Signature: JDSHUAMy Commission expires: [ Lra�►nvrua.� COMMIS IHOOGGO5 t�� ffYCOMM1551ph�GG{1559G5 c F PIPES.January 17.2021 1: of f`a" Sorded Thru Budget Nolarr 5eW— '_019110 I'acc i nrS 455 CITY OF WINTER SPRINGS rpt COMMUNITY DEVELOPMI,NT DEPARTMENT 1126 Ens[State Road 434 Winter Spriugs,Florida 32708 ,.9..,�..,,F,� � � iuslimi�rscn•i�e�it:��iitlersprinest7.nr�• 1459 a ST'` oco"7 Application—Aesthetic Review ^t i The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not he processed and will be returned to the app]icantAhe application shall be reviewed per Chapter 1�--AestheLie Review Sec.9-605. The sufficiency review shall be completed within thirty (30)calmdardays per F'L.Statue 166.033. Once the application is deemed sufficient,the applicant shall move forward with the Community Workshop,required pert hn2ter 20--Zoning Sec.20-2 9.I. Applicants are responsible for posting notice(provided by the city)on the site at least seven (20)days prior to the City Commission (CC)meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative.. Applicants are Further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES, by signing below,that he or she: • May be swam-in as a witness in order to provide testimony to the City Commission; • Sha II be subject to cross-examination by party intervenors(if requested); and • Shall be required to qualify expert witnesses,as appropriate. Applicants are encouraged to familiarize themselves with Chapter 2 — Adminisiration Sec.. 2-30 of the Winter Springs Cit} Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Aesthetic Review recommendations shall be baser)from the required informationldocumentadon provided,the Winter Springs Code of Ordinances,and the Winter Springs Comprehensive Plan (to the extent applicable). The City Commission(CC)shall render all final decisions regarding Aesthetic Review and may impose reasonable conditions on any approved Aesthetic Review to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 9,Aesthetic Review Standards. Applicants are advised that if,they decide to appeal any decisions made at the meetings or hearings respect to any matter Considered at the ineetings or hearings,the)' will need a record of the proceedings and, for such purposes,they tOil need to insure that a verbatim record of the proceedings is made,at their cost, which includes the testimony and evidence upon which the appeal is to be based, per Florida Statine 236.01 tis. An Aesthetic Review Approval by the City Commission under this article shall be valid for a maximum of eighteen (18) months from the date the city commission renders its approval at a public meeting. if the applicant fails to obtain a building permit within the eighteen (18) month period,the city commission's approval shall expire at the end of the period. However.once a building permit is issued,the approval shall be valid for a time period equal to the permit and shall expire only if die building pcmiit expires. Reasonable extensions may be granted by the city commission upon good cause shown by the applicant, provided substantial changes have not occurred in the surroundings area that would make the prior approval inconsistent with the criteria set forth in Chapter 9-Aesthctiic Rv\.icw Sec.9-9603 1Ui91i0 NBC 1 of-5 456 LSV p • cp 80LZ£epuold's6uudg�alulM t W pdelllMe�snl PUe b£b HS • in Jalua'J 6ulNueg 112198 9se4O Wdf Q spinnsosnl pUt/V£V 2iS =a4o4 o0 0__° go44z4g s • � a€nag _d�66_-_q�a�9 � _ �� � a y o IL o i - - '�• -<i y -a� - o - z - n� N - � W � A V LL Rj f/) (6 � YO OLn U � �E ®��° a�� W O LL O _ _ eJ � L � CC goo o c Q Q N (n _ m 0 � Mw LL Y oo Z M lqzj- d (n O S m (n LJ_ UCO o a�' �� C "�s �/ <� `b N1 e� j N BSV • 9 cp 80LZ£epuoId's5uuds jeju!m °goo °h'; W pdelliI PUe b£b HS _,-, Beet_e��n'_n o ffi J91u90 61UNue9 11e198 9se4O Wdfin Q ellpeosnl put/V£V 216 • � T �6���n4-goouoo_tl�Foz s�-<Q fl�,WM 47i OM zeo y 9°:.i54aod S�g� a ,a w E ]ANG IMSSIOOV / NiV / 3A0O NMdH VIS 0 0 0 Io w - z w J I 1111111 ? � �f d- IIIIIIII - --- - --- I 1111111 a N ---- i Y u. , --' --------- j ISI z I � W W m J � ©I W — W C]tf W > w C) r - o w }_r J w vHfliw 'IMI fH UIIR - � ', IIIIIIII Q - MPI IIIIIII I , 7 � 1111 -----__----_-- V P — — vev Gvo0 l livis BSV A�E• '�cp 80LZ£epuold's5uudS jejuiM t W pd elli lsnl pUe b£b HS J9lu9J 6ul lueg 1119198 9se4O Wdftn Qaey as a'. °4'oo°eaoo Q Q epinneosnl pUt/V£V 2iS n44o° v 9 0 o _° s • T ,���n40g55uo _foo---gegQ r W m Z W D Z W U' Z D o] F I 3, g L I I i oz �� I:'.I � n v o 3 u N £- N 9 � o`s N N m e- R' .3 r3 Z Li 0 io( Q Z Z r 0 -�° J Lu WLu 1^ > > 1W^ YI W J YI ° Q _ F- Q _ o Lu =F, Uk Uh ow • 9 cp 80LZ£epuoId's6uudg jajuiM '� tt t W pdellinne�snl PUe b£b HS e _ � o co J9lu9J 6ulNueg 112198 9se4O Wdfin Q ellpeosnl put/V£V 216 _a ad�4�_ '=e=° 44 v o o NA F 121 1 Pi w - w 0 0 U U LL LL Q � a 1, Li ME O z z � z J iii O Q ❑ w U' z I w ❑ o O I S m - I 3 O N Z _ _ F Z W Z Z W Z - CC 3 (� Q rn Q O a o a o z W W Q Q E �� • _ cp 80LZ£epu01J's6uudg�a�ulM `t W pd ellimgsnl pue b£b HS • J9lu90 6ulNueg I12198 9se40 Wdf eep 7 Q epinn��snl pUt/�£�2iS g 4o4so 4044' 0044= v 9 w O _° zin o 4 s • T fu°€36 eg -d °--sao g- r W w `zeo y 9e:pi54 go�5o;` - a w e 1221 �Pl F1 IN 51 s s 0 ~ Q � r O O HH ALI n w o O z z J m �s y I c7 I z 0 m I ❑ 7 I Z W Z Z W Z W W oQw � oQW � Z90 p S'�E• '� -°s-_-'dd cp 80LZ£epuolj's6uudS jejulM =aa4 `t W pd elllnne lsnl pUe b£b HS " a0 • Ul JaluaJ 6ul lueg 112198 9se4O Wdf ee°e° 40 °40 ` O Q epinneosnl pUt/V£V 2iS g mgo ysd °44, 0044= v 9 =° s w • T ,��3 n40g55uoo=tlFoz seo `zeo y 9e:pi54go�5o; - a w � � Z N =e€2r Z (n Q 7 a z w w w a ----- �o I �A J J Z Z O Q O V om w �P w N a= J = F s 4 r 7 w p €9 o 3: Z Q i3 f Iq g= P us s €3 I �i `4 �I 4I w Q O w W LU J r w N r a Z w u \\ c/ Uepe'AA« - I W e ellimqsni 7 A a � rin \/\\\\\\ \ o d/y§y _ gq�Sn P� #�S x«j\syyg _ . « . \\\(M, , ) \} U \ §\\%%/[ � \ \ \ 3 < --------------g _ © --- - { \ / \ [ ❑. . \ El0 § > \3 El \ ) . . . y / : 2g # \ ) : « f 2 2 22222222 2 O LU w / \ tn «: ) \ I\ u::