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Home My WebLink About2020 02 10 Public Hearing 400 - Wendy’s Fast Food Restaurant - Final Engineering Review and Aesthetic Review • PUBLIC HEARINGS AGENDA ITEM 400 19s9 CITY COMMISSION AGENDA I FEBPUAPY10, 2020 REGULAR MEETING TITLE Wendy's Fast Food Restaurant - Final Engineering Review and Aesthetic Review SUMMARY The Community Development Department requests that the Planning and Zoning Board/Local Planning Agency hold a Public Hearing to consider Aesthetic Review, Final Engineering Plans, multiple Waiver requests, and the Development Agreement for a 2,183 square foot (SF) Wendy's Fast Food Restaurant, a permitted use within the Town Center. General Information Applicant Infinity Engineering Group, LLC Property Owner(s) JDBS Winter Springs, LLC (JDBS) Location 1218 E. State Road 434 Winter Springs, FL 32708 Tract Size ±.59 Acres Parcel ID Number 06-21-31-507-0000-0020 Zoning Town Center (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: 3 Side: Oft. min, Frontage setbacks (from plane: Oft.-8 ft. ft. (from 24 ft. max. buildout: property line) max (from front rear (from side 80% min. property line) property property line) (at front line) setback) Development Lot Width: 18 ft. Lot Lot Coverage: Standards min., 180 ft. max. Depth: 100% max. 30 ft. m in., 160 ft. max. Development Not applicable I Vacant Permits Development Development Agreement I Pending Agreement Code Enforcement Not applicable City Liens Not applicable Aesthetic Review Plans: 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. PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 2 OF 17 Aesthetic Review 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. The proposed project consists of one two-story restaurant building (faux second-story) that provides a drive-thru lane and service window. The building has a tan, sand finish stucco fagade, as well as cedar wood composite siding on covered patio the sides of the building. The building utilizes a neutral color scheme and various yet highly compatible materials. The neutral color scheme, chosen materials, and proposed landscaping make the design harmonious with the surrounding Town Center developments. 2. The plans for the proposed project are in harmony with any future development which has been formally approved by the City within the surrounding area. The proposed project is designed to significantly contribute to the architectural styles that are in line with previously approved and future commercial developments within the Winter Springs Town Center. The proposed building represents a positive addition to the City of Winter Springs, and is a high-quality, unique design that is harmonious with its surroundings and will add value to the proposed location. 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. The front of the building which faces SR 434, features the "Wendy's" trademark logo in a graphic format affixed to the faux second-story, including a covered outdoor patio and seating area which leads to an entrance/exit to the building, the design features pre-finished decorative metals and cedar wood composite siding on covered patio the sides of the building. PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 3 OF 17 The front also showcases glass windows from the ground floor to the top of the roof line.The building incorporates a tan sand finish stucco fagade. The east side of the building, which will face Eagle Edge Lane, features the drive-thru area,which is screened by a six foot (6) landscape buffer.This side of the building features, the Wendy's trademark logo in white, a view of the outdoor patio, a strip of glass windows from the ground to the top of the building, and stucco decorated textured walls with earth tone colors. The rear of the building,which will face Sea Hawk Cove,features a "Wendy's" sign in text, and another "Drive-Thru" directional sign, menu and intercom system for ordering food. A parking lot drive-thru lane encompasses the north, east and south sides of the building. The west (vacant) side of the building features a parking lot, the drive-thru pickup windows, the Wendy's trademark logo in white text, a view of the outdoor patio, lighting features, stucco decorated walls with texture and earth tone colors. The features listed above are compatible with existing buildings within 500 ft. of the proposed fast food restaurant. 4. The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. The proposed project enhances the character and overall aesthetics of the surrounding area. The design incorporates architectural features that are both modern and more traditional to serve as a transition between the Blake and the Town Center shopping. The City of Winter Springs is comprised of diverse architectural styles. S. The proposed project is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Town Center guidelines, SR 434 design specifications) and other applicable federal, state or local laws. The proposed building is designed to contribute to the quality architectural styles that are typical of the surrounding area. This project represents enhanced landscaping, security guard rails, expression line to delineate the division between the first story the faux second story reinforced concrete and reinforced concrete with stucco for consistently and compatibly within Town Center. 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. PUBLIC HEARINGS . • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 4 OF 17 The proposed project is designed to contribute significantly to the quality architectural styles that are typical of the Winter Springs Town Center and the surrounding area.The proposed building represents positive addition to the City of Winter Springs, and is a high-quality, unique design that is harmonious with its surroundings and will add value to the proposed location. Waiver Requirement Section 20-34.-Waivers. (a) 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). (b) 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. (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) All waiver recommendations and final decisions shall comply with the following criteria: PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE S OF 17 Waiver criteria set forth in Subsection • 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 significantlyenhance the real property. 4. The proposed development plan serves the public health, safety, and welfare. S. Thewaiverwill 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 Planning and Zoning Board consider the nine (9) waiver requests below: Waivers Request/Justification 1. The applicant requests a waiver to increase the front setback from S.R. 434, maximum to approximately ±54.6 feet. in lieu of a maximum of 8 feet. Justification: This waiver necessary based on the inclusion of a number of enhancements in front of the building, including an outdoor patio dining area, landscaping, and an access lane that functions as a frontage road for Wendy's and the adjacent commercial lot to the east. Imposing the 8' maximum setback would create an illogical or unreasonable result because the feature corner building could not otherwise be achieved. This waiver request is necessary to allow for the construction of the building on that corner without compromising the drive thru lane and pedestrian safety. PUBLIC HEARINGS AGENDA ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 6 OF 17 City Code: Sec. 20-325. - Transect standards. T5 (Urban Center Zone) Principle building setbacks (from property line) Front/principle plane- 0 ft.-8 ft. max (from front property line) 2. The applicant requests a waiver from the required minimum of zero (0)-foot and maximum of twenty-four-foot (24)-foot maximum side principle plane setback for the building with a side principle plane setback of ±91.44 feet from the western property line. Justification This waiver request is due lot size, location, and intended use of proposed structure need for on-site parking and pedestrian connections. City Code: Sec. 20-325. - Transect standards. Lot Design Guidelines Table. T5 (Urban Center Zone) Principle building setbacks (from property line) Side - 0 ft. min, 24 ft. max. (from side property line) 3. The applicant requests a waiver to reduce the 80% frontage buildout at the front setback required in the T5 transect to approximately ±25 percent frontage. Justification This Waiver request is necessary that it would be highly impractical for a small stand-alone fast food restaurant building on a ±.59-acre lot to achieve an 80%frontage buildout at the front setback,while still providing adequate parking, access, landscaping, and pedestrian facilities. To offset the frontage buildout reduction, the site includes enhanced landscaping, and a 6-foot wide sidewalk along the S.R. 434 frontage. City Code: Sec. 20-325. - Transect standards. Lot Design Guidelines Table. T5 (Urban Center Zone) Frontage buildout - 80% min. (at front setback) 4. The applicant requests a waiver to locate the drive-thru service window on the west side of the building rather than the rear of the building. Justification Since the drive-thru lane is not to the rear of the building and will be visible from S.R. 434, intensified landscaping shall be provided between the drive- thru lane, which effectively blocks the view of vehicles in the drive-thru lane from the surrounding streets and sidewalks. Adjacent parking is proposed along the area adjacent to the two (2) drive-thru windows. PUBLIC HEARINGS . • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 7 OF 17 City Code: Sec. 20-324. - Generol provisions. 6. Drive-throughs. Drive-through service windows are only permitted in the rear in and alley accessed locations provided they do not substantially disrupt pedestrian activity or surrounding uses. S. The applicant requests a waiver to allow 10 parking spaces between landscaping islands in lieu of requiring landscaping islands every six (6) parking spaces. Justification This waiver request is due small lot size and the need for adequate parking on site. City Code Sec. 20-324. - General provisions. 8. f. Parking lot landscaping requirements. 6. The applicant requests a Waiver to reduce the off-street parking lot setback from S.R. 434 from a required minimum setback of 50-feet to approximately 40-feet. Justification Based on the relatively small sized lot and location of the off-street parking, plus the inclusion of landscaping along the S.R. 434 frontage, it is impossible to meet the minimum setback and to provide adequate screening of the off- street parking lot and provide key pedestrian connections. City Code Sec. 20-324. - General provisions. 8c. Off-street surface parking lot placement. Off-street surface parking lots shall be set back a minimum of fifty (50) feet from the property line along the main street to accommodate liner buildings. 7. The applicant requests a waiver for Commercial Area: (A) 6' sidewalk in lieu of a 12' sidewalk and (B) Greenspace to maintain 12' planting area (green space) in lieu of 15' greenspace. Justification There is not enough room on the site and adjacent to the right-of-way to construct a side walk larger than 6' wide. The design is in harmony with current and proposed developments located on S.R. 434. City Code Sec. 20-325 Transect T5 (Urban Center Zone) (c) Thoroughfare standards. (3) SR 434 Street Edge PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 8 OF 17 8. The applicant requests a waiver for Commercial Area: (A) To not provide a sidewalk along Sea Hawk Cove in lieu of a 6' sidewalk, (B) Not to provide 6' optional greenspace, and to not include on-street parallel parking on Sea Hawk Cove. Justification There are storm inlets, above ground meters, and a required dumpster enclosure on the site. There is insufficient space on the site to construct a 6 ft.wide sidewalk and the current thoroughfare (Sea Hawk Cove) is privately owned. City Code Sec. 20-325 Transect T5 (Urban Center Zone) (c) Thoroughfare standards. (4) Town Center Street 9. The applicant requests a waiver to include a permanent menu board sign and internal lighting. At this time, only temporary menu board signs are permitted subject to the restrictions and uniform design standards set forth in this Town Center Code. The Town Center Code requires that signs shall be externally lit. The menu board sign requires internal lighting. Justification Awaiver is required to construct a menu sign and internal lighting for the operation of the Wendy's Fast Food Restaurant. City Code Sec. 20-325 Transect T5 (Urban Center Zone) Sec. 20-327.1. - Signs. (a) In evaluation of the above eight (8) proposed waiver requests, the applicant has satisfied the eight (8) specific criteria as required. The setbacks, frontage buildout, and signage waivers are consistent with the surrounding developments and will be compatible and harmonious with the surrounding area. The proposed development plan is otherwise in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan. Applicable Law, Public Policy. and Events: Home Rule Powers Winter Springs Code of Ordinances Town Center District Code City of Winter Springs Comprehensive Plan PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 9 OF 17 Background Data JDBS Winter Springs, LLC (The Ocean Bleu Group) is proposing to construct a Wendy's Fast Food Restaurant in the Winter Springs Town Center. The proposed 2,183 SF one two-story (faux second-story) building is located on a ±.59-acre parcel on the north side of S.R. 434, east of Tuskawilla Road, west of Michael Blake Boulevard, and directly in front of The Blake Apartments. The Wendy's Fast Food Restaurant includes; a drive-thru pickup window, 28 indoor and 20 outdoor seating areas, on-site and on-street parking, bicycle parking, pedestrian access, enhanced landscaping, 6-ft. wide sidewalks, and a decorative aesthetic design package to both the building and surrounding site improvements. 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 ofthissection to applyto 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 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 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 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. The proposed scale and intensity of the structure as depicted in the Final Engineering Plans requires waivers as listed above in the Staff Report, in order to be consistent with previously approved developments along the SR 434. The proposed daily hours of operation are as follows; the drive-thru will be open from 6:30 a.m. until 2:00 a.m. and the dining room will be open from 9:00 a.m. until 10:00 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. Parking and transportation are addressed thoroughly below. A fast food restaurant is a permitted use within the Town Center,TS Transect.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 intensityofthe 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. PUBLIC HEARINGS . • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 11 OF 17 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 will be accessed from Sea Hawk Cove. The single access has been reviewed by Seminole County Fire and has been approved. The existing and future Town Center street network provides multiple options for residents to reach their desired destinations. The internal circulation plan consists of public streets and a private road for access to the fast food restaurant.The on-site improvements include landscaping buffers, landscape screening for the trash receptacle, bicycle parking, and pedestrian paths to mitigate against potential adverse impacts of the proposed use. (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. The fast food restaurant is a permitted use in the T5 Transect of the Town Center and is not expected to have an adverse impact on the local economy.The proposed use is and expected to generate 30 to 35 new direct jobs, within the fast food restaurant, and 30 to 35 indirect jobs, such as landscapers, construction workers, etc., during the construction of the building. The restaurant will also provide ad valorem taxes to the City of Winter Springs. (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. The applicant contracted with ECS Capital Services, PLLC and the report did not identify adverse impacts on the natural environment, as the site is vacant, graded and currently maintained. (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. It is not anticipated that the Final Engineering Plans will have an adverse impact on any historic or cultural resources, including views and vistas. PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 12 OF 17 (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. See below for discussion regarding impact on public services. (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. See below 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. The proposed development is not anticipated to have an adverse impact on housing and social conditions, as the proposed use is a fast food restaurant. (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. It is not anticipated that the proposed commercial development will emit odors, glares, or vibrations that will adversely impact adjacent property. They have provided an adequate refuse enclosure. (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. PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 13 OF 17 The ground-floor along the building frontage includes a semi-transparent storefront with windows covering no less than fifty (50) percent of the wall area. The fast food restaurant faces SR 434, which includes doors or entrances with public access for the safety and security needs of the establishment, its users, and employees to minimize potential security impacts. (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. Not applicable. (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. The Final Engineering Plans, in conjunction with the Development Agreement, address adverse impacts. Primarily, the Development Agreement and Plans include enhanced tree landscaping along SR 434 to and ensure the passage of open space to the City. (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. The binding Development Agreement is attached hereto as an Exhibit. Stormwater The site's stormwater is master planned into The Blake Apartments master stormwater pond, which is located east of the Cross Seminole Trail. The pond is complete and it complies with the applicable St. Johns River Water Management District and the City of Winter Springs permit requirements. Water and Sewer Wendy's will connect to City of Winter Springs water and sewer facilities along Sea Hawk Cove. PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 14 OF 17 Transportation/Traffic Analysis Wendy's Fast Food Restaurant will be accessed to and from the site from a driveway connection located on Sea Hawk Cove. Sea Hawk Cove is accessible from Michael Blake Boulevard and Eagle Edge Lane. Traffic Planning and Design, Inc. prepared a Traffic Impact Analysis for the subject property. The trip generation of the proposed development was calculated with the use of trip generation rates obtained from the 10th Edition of the ITE Trip Generation Manual. The proposed development is projected to generate 158 new net daily trips, of which 87 will occur in the A.M. peak hour and 71 will occur in the P.M. peak hour. Adequate Level of Service (LOS) at all roadway segments will continue at all segments. Intersections to continue to operate at acceptable LOS. The results of the intersection capacity analysis indicate that the all study intersections operate at satisfactory overall Levels of Service except for southbound approach at the intersection of SR 434 and Tuskawilla Road. Michael Blake Boulevard will increase LOS with signalization. The proposed Wendy's is 2,183 square feet which is consistent with the trip generation calculations presented in the traffic analysis and therefore the results of the traffic analysis remain consistent with the proposed development. The proposed projected traffic is consistent and comparable with the approved Starbucks development located east of the subject property. Parking A parking lot is located on the west side of the building. Developments within the Town Center do not have a specific parking ratio requirement. However, this development had been designed to meet the City's parking Code outside of the Town Center which is 1.0 spaces per 100 SF, Land Development Code Section 9- 277(26). In addition, a drive-thru lane encompasses the north, east and south sides of the building, and site has seventeen (17) on-site,five (5) on-street parking spaces, and two (2) handicap spaces, for a total of 24 parking spaces. PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 1S OF 17 Fiscal Impact: Development of the subject property as a Wendy's Fast Food Restaurant 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. Wendy's 2,183 SF (Fast Food Restaurant w/ Drive-thru) Commercial Transportation/Road: $19,216.00/1,000 SF GFA = $ 41,948.53 Fire: $ 320.00/1,000 net SF = $ 698.56 Police: $ 0.156 per SF = $ 340.55 Parks & Recreation: N/A City Impact Fees (Wendy's) Total = $ 42,987.64 Reports The Final Engineering submittal is required to include the following reports or updates of previously prepared reports for the same property. March 2019 Traffic Impact Analysis April 23, 2019 Phase I Environmental Site Assessment March 7, 2019 Parking Analysis September 2019 Tree Affidavit September 2019 Economic Impact September 2019 Parking Study September 2019 Water Management Permit Submittal 2019 Piping Sizing Calculations PUBLIC HEARINGS . • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 16 OF 17 Procedural History: March 8, 2019 Combined Preliminary/Final Site Plan I Application Submittal I Under Review April 23, 2019 Phase I Environmental Site Assessment May 7, 2019 Aesthetic Review Application September 16, 2019 Waiver Application December 12, 2019 Waiver Application - Revised December 17, 2019 Community Workshop Meeting January 8, 2020 Planning & Zoning Board/Local Planning Agency Continued February 5, 2020 Planning & Zoning Board/Local Planning Agency Recommendation Pending Final Development Plan Approval: The City Commission may approve Final Engineering Plans separately and prior to approval of the final plat as provided in Section 9-74 of the City Code. Recommendation: Staff recommends that the City Commission approve the Aesthetic Review, Final Engineering Plans, multiple Waivers from the Town Center Code, and the Development Agreement for a 2,183 SF Wendy's Fast Food Restaurant. PUBLIC HEARINGS • ITEM 400 1 MONDAY, FEBRUARY 10, 2020 1 PAGE 17 OF 17 Exhibit 1 Vicinity Map Project Site 1218 E. SR 434, Winter Springs, FL 32708 Parcel ID 06-21-31-507-0000-0020 VC r h 90.91 A OX 4 I SUBJECT �► 8./0► PROPERTY °\ 14 01" • � *� :' '�� , fit*,��'� �' ♦ '� roe �. S- �t •.��.' ''� ; ,, b, Y .� 3968 Ilee� Exhibit 2 Aesthetic Review Plans a - i •` l.f1j��1� W- 4-4—" a. ... of y.• ' a } VMS— W7 MSf' i f ,III I�!if • }} i Y k R g \ _ LU _ . . . . . . . . . . . . . . . . . CM \\ ) �\ �/o/\\jV kpnd}Ae|:peH' } \}}}}}}}}}}}} }:}r\\} }}\\) §))}\\}\(((()}))))}}}}}{}}( §a L IL ; { _ _, } \ ( - - J f\ \} F \ &� Li / \ 2 \, § \ \ - --- \ \ , \ 3\ � }}} \ � m >\ : o. 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Blackout liners are optional, NSS#:90012164 © Formed ABS pole cover Q Rotating cabinets for dayparting(new wave system eliminates pulling pins) Q NSS exclusive protective rain guard *Anchor bolt kit sold separately, NSS#: 90002151 *Total electrical load:6.72 amps. Requires(1)20 amp circuit @ 120V/60Hz(all components UL listed) rev 6/17 National Sign Systems® 4200 Lyman Court 800.544.6726 sales@natssy ms.mc Q Hilliard Ohio,43026 614.850.2540 nation alsi gnsign stems.com LU - o ..®•...::.:..o:.>..a.a..<<.A�• . ..:. i.. .:. •. Z a s aul`aan�aa� aad�(pand+Aal�BH N � vo N Q iu, ow=¢w N N s M1 p� 3M z�,Q W -- — ------ —� www SII �dl LL �o oww — �I~ N _ Z§ I6 O` Um W - I ITI U i M w of h oa Ms_ -_ [Wn - -- -- w -------------------- po IL 15 V z� O' Hm U W U �z� pyo wa Faw MHU w ��ww oHpo ds oos - 4z - LU o Nino z 1. 000P, w --w� °�LLn:o� w-o ww <; z�g�o IF O U op 2 J oa'�o a3�p. - - ----� of = - - a -aoaw.r mf rcNoo - O'o �a Z W - W �zwow zz az s�moa ao mww ow zha woe Im I Sao w wa wo w oz _ °s"- I � U U zh< awha< �� Awa w >ooh�o _ p - ��: _� _' -o€ o W w o a wap U w w , m�._�__w ww.m�°wwwo ow�w wwww wwo o� woww G 1126 East State Road 434 Winter Springs, FL 32708 Phone:407-327-1800 Fax:407-327-4784 fnnvrnornFd 1 359 www.winterspringsf1.org APPLICATION FOR AESTHETIC REVIEW APPLICANT: Vandercrake, James (agent) Last First Middle MAILING ADDRESS: Infinity Engineering Group, LLC 1208 E. Kennedy Blvd., Suite 230 Tampa FL 33602 City state Zip Code PHONE/CELL: (813)434-4770 (863)640-2615 EMAIL: james@iegroup.net If Applicant does NOT own the property: PROPERTY OWNER: JDBS Winter Springs, LLC Last First Middle MAILING ADDRESS: 14608 N Dale Mabry Hwy. Tampa FL 33618 City State Zip Code PHONE 1 CELL: (813) 760-2621 EMAIL: bschultz@oceanbleugroup.com This request is for the property described below: PROJECT NAME: Wendy's No. 12660 LOCATION OR ADDRESS: Proposed Lot 2, part of Lot 4 and a part of Tract C (sketch&description attached) Winter Springs FL 32708 City State Zip Code DATE of Approval for FINAL ENGINEERING: 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. a Page 1 Aesthetic Review Application Rev.1-5-14 STEP ONE— Submit the Notarized Application, Email to: customerservice@winterspringsfl.org or In Person to the Community Development Office at the City of Winter Springs. Pay the Application Fee with a Credit Card over the phone (a convenience fee may apply) or In Person if you pay by check. APPLICATION FEES (see below)plus any ACTUAL COSTS incurred for the City's REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES (including the City Attorney) which may be required in connection with this Application for Aesthetic Review(as documented based on accounting submitted to the City), due and payable prior to the City's issuing of a building permit. ® MINOR (site LESS than 2 acres) $ 300 ❑ MAJOR (site GREATER than 2 acres) $ 600 ❑ MODIFICATION OF PREVIOUSLY APPROVED AESTHETIC REVIEW $ 300 TOTAL DUE $ STEP TWO—The staff will notify you when the Application meets approval. Next, submit the following items into ePlans Projectdox Plan Review System, see w-ww.winterspr.ingsfl.org for more details on ePlans ProjectDox submittals. (Sec 9-605): ❑ NOTARIZED AUTHORIZATION of the Applicant ❑ SITE PLAN; ❑ BUILDING ELEVATIONS (B&W) illustrating all sides of structures; ❑ COLOR RENDERING illustrating street view with landscaping at time of planting; IJ ILLUSTRATIONS of all WALLS, FENCES, AND OTHER ACCESSORY STRUCTURES and indication of their height and the materials proposed for their construction; 11 SIGNAGE ELEVATIONS of proposed exterior permanent signs, outdoor advertising or other constructed elements other than habitable space, if any; ❑ IDENTIFICATION of MATERIALS, TEXTURES, AND COLORS (include paint chips) to be used on all buildings, accessory strictures, exterior signs, and other constructed elements; ❑ OTHER architectural and engineering data as may be requested to clarify the application. STEP THREE - The following items are to be delivered to the Community Development Office (MAIL, UPS, FEDEX)A PAPER COPY OF ALL DRAWINGS: Must be available for Public Inspection at the Community Development Office: One (1) set of 11x17 copies, PLUS One (1)pdf electronic copy DURATION OF APPROVAL: Approvals for Aesthetic Review shall expire 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 during that time. Reasonable extensions may be granted by the Commission upon good cause by the Applicant, provided substantial changes have not occurred in the surrounding area that would make the prior approval inconsistent with the criteria set forth in Section 9-603. ,. Page 2 Aesthetic Review Appiicatian Rev.1.5-14 INFORMATION FOR THE APPLICANT: CONDUCT OF THE PUBLIC HEARING (CODE OF ORDINANCES, SECTION 9-603. (C)): During the Public Hearing, the APPLICANT may be present in person or by counsel, and the APPLICANT has the right to present evidence in support of the application and cross-examine adverse witnesses whose testimony is offered at the hearing. The following CRITERIA will be considered by the City Commission: (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. (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. (3) The PLANS for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constricted, 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. (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 conmlonly 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, state 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. Page 3 Aesthetic Review Application Rev.I-6-14 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. k k k k****:1,**t:: ***'4,**Y*** ***—*-**:k:k$-***'> 3'r*3k=k****4,********:k#.k**4-1.****•*********—k 4.*4. FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Appeal of an Administrative Decision for Board of Adjustment consideration: Signature of Owner Sworn to and subscribed before me this Notary Public day of 20 My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take an Oath **=k,k#-k: *************.t**k:l****-R-k: **********4; 4:*4,* k*k k-k#k#i:k�e k�:k*****##**k# -#k#•� FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: 1, J0-e,1---P14 r C1 hJ©0 i'I'� do hereby,with my notarized signature, allow Owner A ,,I E5 VAwo&W C r2,qku- - L to represent me in this Appeal of an Representative Administrative Decision related to my property. The property is identified as: Tax Parcel Number(s) Located at: Proposed loot 2, Part of Lot 4, Tract C d as fitrth r identified on the Metes and Bounds description provided with this Application. Signature of O ner(s) Signature of Owner(s) Sworn to and subscribed before lne this t 46ta Public ~] day of [VI W 201�jy Commission expires: Ilry/7,0ZI Personally Known Produced Identification: �o1R.nYoBfc J05}3UACHORROCKS .MY COMMISSION A GG 055965 (Type) Nt oe FRES:January 17,2021 Did take all Oath Trf0FFG°F BorndedThruBudget Wary Servires Did Not take an Oath age Aesthetic Review Application Rev.1.6.14 Exhibit 3 Final Engineering Plans go 4a o�J oZ i3 Z> o o ol o o o o o � O w � Z v O H O II II O 1 K{ trn, 0 00 LL �'t, s z_ A rP CO z 04 oCD Nn LL a ® ® c7 w CD z W� * ® b 9 < wco a_ W c7 W w ® r� co z V Q z w w � z J I, Q N Z LL.11 11 Q i U > o 'l 0,2 w o 0 d �8aw 1�s4� 3 V 3 Y m a SNOIltl3Id103dS 1IA10 p s 099LL BON MO1S3 S,AON3M T N Z d U) 5 [D N�o3333wmmo3��. 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JH-1 I H °�sd� � e� s�� . � �k ns ar g � X1� 1d, a��.p ��. r$� �$s �` yy ¢c F.e�aa SS *3 '$ . gp55psp RR� 9 $ ° sgag � $ g3 [ gE EYE gr5 # � gg EdCy �!3 a8 3` ■' X 3 ��E22 4� a � 65 �S{ �4• s rd$=� �� A � 88$8$ al �a LU a 9 l r a 1 �y [Y4i90.'ti0. � IP[lii 9/'lZia YN � `7=7 RX W y y : 1..1 i gad T qf M3 CL LA flit 8� 34 MW I r . o LA LLI WN z gas x " d r Wa Zs E y 6 N � ' y n ; l.g � HHH11 Exhibit 4 Traffic Review C , ArchitectsEngineers 5601 Mariner Street Environmental Landscape Architects Suite 105 M/E/P Planners Tampa,FL 33609 Surveyors Transportation/Traffic Phone:813.288.0233 Fax:813.288.0433 Me o Date: December 19, 2019 To: Christopher Schmidt Organization: City of Winter Springs From: Sandra Gorman, PE Re: Winter Springs Town Center Commercial Outparcels As requested, CPH has reviewed the traffic study for the Winter Springs Town Center Outparcels dated March 2019. It is our understanding that the traffic analysis was previously reviewed and has been submitted again to support the permitting of the Wendy's restaurant. We have the following comments upon review of the traffic analysis: 1) The existing traffic volumes do not appear to be seasonally adjusted to reflect peak season conditions based upon the Seasonal Correction Factors published by FDOT. Based upon the previous acceptance of the traffic analysis, no revisions are required to the analysis based upon this comment, however, future analyses should reflect peak season conditions. 2) Trip Generation o The average rates from ITE Trip Generation 10th Edition were used to calculate the trip generation for all land uses, however, the equation should be used where appropriate. A review of the calculations indicates that only the daily traffic associated with the bank would be impacted significantly by the change (404 daily trips vs. 347 trips reported). However, based upon a review of the roadway analysis the change in calculation would not impact the outcome of the analysis therefore no revisions to the analysis are required. o Pass-by calculations should be checked for reasonableness to ensure they do not exceed 10% of the adjacent street traffic. Since this only impacts the driveway analysis, no revisions to the analysis are required. o No internal capture was assumed between uses or in conjunction with the adjacent apartments. This represents a conservative approach to the trip generation and it should be noted that the actual trip generation may be lower as a result of the interaction between uses and the adjacent residential development. w w w . c p h c o r p . c Q rn 3) The signal timings were optimized between existing and future conditions in the Synchro analysis. Signal timings should remain constant between scenarios to better evaluate the actual impact of project traffic and optimization should be noted in the report. Seminole County's dynamic signal system allows for this optimization therefore no revisions to the analysis are required, but should be noted in the future. 4) SR 434 and Michael Blake Boulevard o The traffic analysis recommends monitoring the intersection for future signalization if warrants are met. It should be noted that the intersection does not meet the minimum FDOT signal spacing standard for a Class 3 roadway. o A westbound right turn lane is proposed in the traffic study; however it is not reflected in the intersection analysis. Based upon the previous acceptance of the traffic study and the subsequent construction of the turn lane, no revisions to the analysis are required. However, upon evaluating the intersection for signalization, the length of the turn lane as recommended in the traffic analysis should be revisited to ensure adequate storage for queueing not required under an unsignalized condition. o Similar to the westbound right turn lane, the existing eastbound left turn lane should be re-evaluated upon potential signalization to verify that adequate queue storage is available. 5) The proposed Wendy's is 2,163 square feet which is consistent with the trip generation calculations presented in the traffic analysis and therefore the results of the traffic analysis remain consistent with the proposed development. 6) The traffic analysis suggested monitoring the intersection of SR 434 and Michael Blake Boulevard for future signalization, based upon the traffic volume projected to use the intersection in the study, it is recommended that a timeframe be established to begin the traffic monitoring. It is recommended to conduct traffic counts and preliminary intersection analysis within 3-6 months of the opening of the proposed development to verify traffic conditions. If you have any questions concerning the trip generation review, or would like to discuss these items in more detail, please do not hesitate to contact me. w w w . c p h c o r p . c o m Exhibit 5 Waiver Application January 14, 2020 Marla Molina Sr. INF/ NOITY Sr. Planner City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 RE: Project Name: Wendy's Store No. 12660 INFINITY ENGINEERING Site Address: 1218 E. State Road 434 GROUP,UC Winter Springs, FL 32708 Application No. ZP2019-00000007 Waivers Requested: 1. The applicant requests a waiver to increase the front setback from S.R. 434, maximum to approximately±54.6 feet. in lieu of a maximum of 8 feet. Justification: This waiver necessary based on the inclusion of a number of enhancements in front of the building, including an outdoor patio dining area, landscaping, and an access lane that functions as a frontage road for Wendy's and the adjacent commercial lot to the east. Imposing the 8'maximum setback would create an illogical or unreasonable result because the feature corner building could not otherwise be achieved. This waiver request is necessary to allow for the construction of the building on that corner without compromising the drive thru lane and pedestrian safety. City Code: Sec. 20-325. -Transect standards. T5 (Urban Center Zone) Principle building setbacks (from property line) Front/principle plane-0 ft.-8 ft. max(from front property line) 2. The applicant requests a waiver from the required minimum of zero (0)-foot and maximum of twenty-four- foot (24)-foot maximum side principle plane setback for the building with a side principle plane setback of ±91.44 feet from the western property line. Justification: This waiver request is due lot size, location, and intended use of proposed structure need for on-site parking and pedestrian connections. City Code: Sec. 20-325. -Transect standards. Lot Design Guidelines Table. T5 (Urban Center Zone) Principle building setbacks (from property line) Side - 0 ft. min, 24 ft. max. (from side property line) 3. The applicant requests a waiver to reduce the 80% frontage buildout at the front setback required in the T5 transect to approximately±25 percent frontage. Justification: This Waiver request is necessary that it would be highly impractical for a small stand-alone fast food restaurant building on a ±.59-acre lot to achieve an 80% frontage buildout at the front setback, while still providing adequate parking, access, landscaping, and pedestrian facilities. To offset the frontage buildout reduction, the site includes enhanced landscaping, and a 6-foot wide sidewalk along the S.R. 434 frontage. 1208 E. Kennedy Blvd., Suite 230, Tampa, FL 33602 T: (813)434-4770 F: (813)445-4211 City Code: Sec. 20-325. -Transect standards. Lot Design Guidelines Table. T5 (Urban Center Zone) Frontage buildout-80% min. (at front setback) 4. The applicant requests a waiver to locate the drive-thru service window on the west side of the building rather than the rear of the building. Justification: Since the drive-thru lane is not to the rear of the building and will be visible from S.R.434,intensified landscaping shall be provided between the drive-thru lane,which effectively blocks the view of vehicles in the drive-thru lane from the surrounding streets and sidewalks.Adjacent parking is proposed along the area adjacent to the two(2) drive-thru windows. City Code: Sec. 20-324. - General provisions. 6. Drive-throughs.Drive-through service windows are only permitted in the rear in and alley accessed locations provided they do not substantially disrupt pedestrian activity or surrounding uses. 5. The applicant requests a waiver to allow 10 parking spaces between landscaping islands in lieu of requiring landscaping islands every six(6) parking spaces. Justification: This waiver request is due small lot size and the need for adequate parking on site. City Code Sec.20-324. -General provisions. 8. f. Parking lot landscaping requirements. 6. The applicant requests a Waiver to reduce the off-street parking lot setback from S.R. 434 from a required minimum setback of 50-feet to approximately 40-feet. Justification: Based on the relatively small sized lot and location of the off-street parking, plus the inclusion of landscaping along the S.R.434 frontage, it is impossible to meet the minimum setback and to provide adequate screening of the off-street parking lot and provide key pedestrian connections. City Code Sec.20-324. -General provisions. 8c. Off-street surface parking lot placement.Off-street surface parking lots shall be set back a minimum of fifty(50) feetfromthe property line along the main street to accommodate liner buildings. 7. The applicant requests a waiver for Commercial Area: (A) 6' sidewalk in lieu of a 12' sidewalk and (B) Greenspace to maintain 12' planting area (green space) in lieu of 15' greenspace. Justification: There is not enough room on the site and adjacent to the right-of-way to construct a side walk larger than 6'wide. The design is in harmony with current and proposed developments located on S.R.434. City Code Sec. 20-325 Transect T5 (Urban Center Zone) (c) Thoroughfare standards. (3) Urban Boulevard. 1208 E. Kennedy Blvd., Suite 230,Tampa, FL 33602 T: (813)434-4770 F: (813)445-4211 8. The applicant requests a waiver to include a permanent menu board sign and internal lighting. At this time, only temporary menu board signs are permitted subject to the restrictions and uniform design standards set forth in this Town Center Code. The Town Center Code requires that signs shall be externally lit. The menu board sign requires internal lighting. Justification: A waiver is required to construct a menu sign and internal lighting for the operation of the Wendy's Fast Food Restaurant. City Code Sec. 20-325 Transect T5 (Urban Center Zone) Sec. 20-327.1. -Signs. (a) Please do not hesitate to contact us at (813) 434-4770 with any comments or questions. Sincerely, Infinity Engineering Group, LLC. zzx Nisit Sapparkhao, P.E. President 1208 E. Kennedy Blvd., Suite 230,Tampa, FL 33602 T: (813)434-4770 F: (813)445-4211 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 Ircnnura�ed custolnerse.rvice( wintersprinesil.ore Application —Waiver 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 Chapter 20—Zoning Sec. 20-34. Tile sufficiency review shall be completed within thirty (30) calendar days per FL Statue 166.033. Applicants are responsible for posting notice (provided by the city) on the site at least seven (7) days prior to the Planning& Zoning Board (PZB) 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 Waiver is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES, by signing below, that he or she: • May be sworn-in as a witness in order to provide testimony to the City Commission; • Shall 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 — Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Waiver recommendations shall be based from the required information/documentation 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 Waivers and may impose reasonable conditions on any approved Waiver 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 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 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 Statute 286.0105. A Waiver which may be granted by the City Commission shall expire two (2)years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the Waiver, is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date,without public hearing,an additional six(6)months,provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the Waiver shall be deemed expired and null and void, per Chapter 20—Sec-20-36. 2019/10 Pagel of 5 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT ' 1126 East State Road 434 Winter Springs,Florida 32708 lacarpos�cd ' customerserylcelC7WIntei-sprin Lsfl.or 1959 Application—Waiver REQUIRED INFORMATION: Applicant(s): James Vandercrake (agent) Date: Mailing address: Infinity Engr. Group, 1208 E. Kennedy blvd., Suite 230, Tampa, FL 33602 Email: james@iegroup.net Phone Number: 813-434-4770 Property Owner(s): JDBS Winter Springs, LLC, Joseph DiGeriando, Manager Mailinc, Address. 14608 North Dale Mabry Hwy., Tampa, FL Email: floridaequitycapital@hotmail.com Phone Number: 813-961-8715 Project Name: Wendy's #12660 Property Address: 1218 East State Road 434, Winter Springs, FL 32708 Parcel ID(s): 06-21-31-506-0000-0040 Parcel Size: 25,676 s.f./0.589 ac. Existing Use: vacant/undeveloped Future Land Use: Town Center District T5 Zoning District: TC (T5) All waiver requests shall be written in the following format: A waiver is requested from Winter Springs City Code 'X' to allow 'Y' in lieu of'Z'. After the request, the applicant shall provide a justification for each waiver request. List Waiver(s)(provide additional sheets if necessary): See attached waiver list. Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development? The Wendy's site is bordered on three sides by public streets and the fourth by a shared entrance drive aisle. Setback and buffering requirements along with vehicular circulation for emergency vehicles and patron access adversely limit the developer's ability to comply with code. zu►9no Hage 2 ors CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT © v 1126 Fast State Rodd 434 Winter Springs,Florida 32708 cList omerservice(cr,%yintersprinesfl.org 19 Application—Waiver 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? The project contributes to the Infrastructure Element of the Comprehensive Plan by constructing off-site water& sewer mains. The restaurant building has been architecturally enhanced to conform to the T5 (Urban Center Zone) building height minimum of 2 stories. The restaurant building conforms to side and rear setbacks. Landscaping, site and building lighting and signage in conformance with the code. Will the proposed development plan significantly enhance the real property? The development will enhance the real property by providing a food source destination along with a source of employment and tax paying property owner. Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? The restaurant will provide a safe work environment and an economic boost to the local economy Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? The waiver will allow development of the parcel in a way consistent with the existing and proposed commercial uses and will not diminish property values in our opinion. Proposed pedestrian access circulation patterns will provide adjacent residents with a meeting destination to reduce vehicular traffic. 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 Chanter 20—Zoning? The requested waiver items allow the developer to construct a business which conforms to the corporate image that customers easily identify and provides a safe pedestrian and vehicular circulation pattern. Is the proposed development plan compatible and harmonious with the surrounding neighborhood? The Wendy's is similar in theme to the adjacent Starbucks and will blend with the Chase Bank and multi tenant retail facility in providing pedestrian access to a variety of services. 2019/10 I'age 3 ors CITY OF WINTER SPRINGS a COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 Incarp.rerca customerservi ce(a),winterspri n es ll.or, 1959 Application—Waiver o, 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? Yes No TBD List all witnesses that the applicant intends to present to the City Commission to provide testimony: Brian Schultz, Bleu Ocean Group Mike Muroff, Purdy Muroff Architects Describe with specificity any evidence which the applicant intends to present to the City Commission, including oral factual testimony, maps,photographs, records or reports and/or expert testimony: 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_ REQUIRED DOCUMENTATION (PDF): X A complete Application and Fee ($500.00*) X A general description of the relief sought under this division X A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in this division X A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County.Property Appraiser reflecting the boundaries of the subject property (To scale). X An Excel mailing list with the names and addresses of each property owner within 500 ft. of each property line, along with the HOA Associations within 1/2 mile of each property line. For all new commercial development and new residential subdivisions of ten (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—Zonint7 Sec.20.29 Applications (7)—00. * Fees are as shown above plus actual costs incurred for advertising or notification,, and for 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's consultant) ,payable prior to approval of the pertinent stage of development. 2019/10 Page 4 r,rs CITY OF WINTER SPRINGS 0 COMMUNITY DEVELOPMENT DEPARTMENT 1126 Last State Road 434 Winter Springs,Florida 32708 cam .[«�' cusiotnerservice(n�wintcrsprimsfl.org 1959 Application—Waiver 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 a Waiver for the aforementioned project and have read and agree to the terms contained herein. In addition, if the Applicant is a corporate entity, the undersigned hereby represents and warrants that he/she is authorized to act on behalf of, and bind, the corporate entity. Applicant Name (Pri �Ja es VandercYak (a nt) Applicant Signature: Date: C� Business Na e: Infinity ngine - ing Group, LLC Address: 120€_g Ke nedy Bvd Ste 230, Tpa, FL 33602 parcel ID: 30&yc(oo Co4o STATE OF FL COUNTY OF Hillsborough Date The foregoing instrument was acknowledged before me this I day of C>C 20% by James Vandercrake who is personally_ known to me or who has produced as identification and who is did not take an oath. Date; Ed*Am*Prado Notary Public Signature: EVkKAprlZ20n My Commission expires; � '� �� " B=M thru A=No ty ' ,ote: The Property Owner shall sign a.nd have their SIL11CILL11—C. notarized be1mv i1'the Applicant is not the �� ner of t:he s1.16i ct l�ri:�prrty. Property Owner's Name (Print): Joseph, iGeri, hdo, Manager Property Owner Signature: / r r i Date STATE OF COUNTY OF fflC�S 'nCll)C T r The foregoing instrument was acknowledged before the this /7 day of /� ��'Y ' , 20/ by Ja?N fl l�J! re&12 1.f11I! o who is rsondI]y a own to me or who has produced as identification ani-who-did/dtd not take an oath. Date: i /I (seal): Notary Public Signature: L V-- __� ,fy o1FRYPUB�rc fDSHUACNORROCKS a i My COMMISSION-GG 055965 My Commission expires: 1/l /Gra L/ N, go EXPIRES;January 17,2021 / oFFti�� Bonded ThruBudgetNolarySmices 2019/10 Page 5 ors Exhibit 6 Development Agreement 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 FOR RECORDING DEPARTMENT USE ONLY DEVELOPMENT AGREEMENT JDBS Winter Springs, LLC (Wendy's) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this day of 52020, 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 JDBS WINTER SPRINGS, LLC, a Florida Limited Liability Company, whose address is 10931 N Dale Mabry Hwy, Tampa, Florida 32618-4112. WITNESSETH: WHEREAS, Developer is the owner of approximately 0.59 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 certain Waivers from the Town Center Code in order to construct a Wendy's Restaurant 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 December 17, 2019; 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 JDBS Winter Springs,LLC. Page 1 of 10 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 06-21-31-507-0000-0020 and is legally described in EXHIBIT "A", attached hereto and fully incorporated herein by this reference ("Property"). 4.0 Proiect Description and Requirements. Developer shall, at its expense, design, permit and construct a 2,183 square-foot fast food restaurant with a drive-through and outdoor patio on the Property, located in the City of Winter Springs Town Center. The restaurant 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 Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File No: ZP2019-00000007 - WENDY'S NO. 12660 Specific conditions of approval for the above-referenced 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. The Developer currently owns both the Property and the adjacent parcel, intended to be a future site of a Chase Bank, which will share a common driveway access. The common driveway access will be constructed to straddle the Property's western property line. Therefore, should the Developer ever in the future sell or convey either the Property or the adjacent parcel, Parcel ID 06-21-31-507-0000-0010, the Developer shall be required to reserve an ingress and egress easement over the common driveway for the benefit of the remaining parcel. Should the parties ever mutually desire to terminate said ingress and egress easement over the common driveway, prior to executing such termination, the Parties shall seek and receive consent from the City of Winter Springs and obtain an amendment to the site plan. B. The Developer shall add a decorative railing for safety purposes along the sidewalk located between the parking lot and the drive-through window. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 2 of 10 C. 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. 5.0 Future Permitting. 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. 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. 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 DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 3 of 10 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). 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. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 4 of 10 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, 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 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 DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 5 of 10 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 For Developer: JDBS WINTER SPRINGS, LLC 10931 N. Dale Mabry Hwy., Tampa, FL 33618 Attn: Bryan Schultz Phone: 813 760-2621 b.schultzkoceanbleugroup.com DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 6 of 10 copy to: Graham Legal Group, PLLC 1000 Legion Place, Suite 1200 3208C E. Colonial Drive, Box 292 Orlando, Florida 32803 Attn: Jesse E. Graham, Jr. Phone: 407-230-6449 Email:jQrahamkgrahamlegalg_rp.com WEN-ACQUISITIONS, LLC 1100 Park Central Blvd. South, Suite 3300 Pompano Beach, FL 33064 Attn: Sauris Lugo/Jhonny Mercado Phone: 561-997-6002 Email: sl�ogjaerestgroup.com/jmercadogjaerestgroup.com copy to: Raul Gastesi, Esq. Gastesi &Associates, P.A. 8105 NW 155th Street Miami Lakes, FL 33016 Phone: 305-801-1292 Email: rgastesiggastesi.com 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 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. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 7 of 10 CITY OF WINTER SPRINGS By: Charles Lacey, Mayor ATTEST: By: Christian Gowan, Interim City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 8 of 10 Signed, sealed and delivered in the JDBS WINTER SPRINGS, LLC presence of the following witnesses: Print name and title: Signature of Witness Date: Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or ( ) online notarization, this day of , 2020, by , the of JDBS Winter Springs, 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. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 9 of 10 EXHIBIT A PROPERTY LEGAL DESCRIPTION Wendy's 12660, 1218 East State Road 434, Winter Springs, FL LOT 2, WSTC OCEAN BLEU, ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 84, PAGES 37 AND 38, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. CONTAINS 25,677 SQUARE FEET OR 0.590 ACRES MORE OR LESS. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs,LLC. Page 10 of 10