Loading...
HomeMy WebLinkAbout2020 11 16 Public Hearing 401 - Chau Medical Center – Aesthetic Plan Review, Certain Waivers, Final Engineering Review, Specimen Tree Removal, and Development Agreement • PUBLIC HEARINGS AGENDA ITEM 401 ,n m=ared CITY COMMISSION AGENDA I NOVEMBER 16, 2020 REGULAR MEETING 1959 TITLE Chau Medical Center - Aesthetic Plan Review, Certain Waivers, Final Engineering Review, Specimen Tree Removal, and Development Agreement. SUMMARY Staff requests the City Commission hold a Public Hearing to consider Final Engineering/Site Plan Approval, Aesthetic Plan Approval for the Medical Office, Specimen Tree Removal, certain Waivers from the City Code, and Development Agreement in order to construct a Medical Office, Assisted Living Facility, and Retail building on the Property in a phased development. RECOMMENDATION Staff recommends the City Commission approve the Final Engineering/Site Plan, Aesthetic Plan for the Medical Office, Specimen Tree Removal, certain Waivers from the City Code, and Development Agreement in order to construct a Medical Office, Assisted Living Facility, and Retail building on the Property in a phased development. 168 Vicinity Map Parcel I D# 34-20-30-5AW-0000-048A y • • Z Li 61 -• . µ } 4 {i Y • s 169 CITY OF WINTER SPRINGS 4 COMMUNITY DEVELOPMENT DEPARTMENT + 1126 East State Road 434 Winter Springs,Florida 32708 customerservice(t�winterspringsfl.or 1icor 1959 Application—Aesthetic Review 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 9—Aesthetic Review Sec.9-605. The sufficiency review shall be completed within thirty (30)calendar days per FL Statue 166.033. Once the application is deemed sufficient,the applicant shall move forward with the Community Workshop,required per Chapter 20—Zoning Sec.20-29.1. 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 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 Chahter 2 — Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Aesthetic Review 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 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 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. 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 the building permit 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 surrounding area that would make the prior approval inconsistent with the criteria set forth in Chapter 97Aesthetic Review Sec.9-9603 2019/10 Page 1 of 5 170 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT " 1126 East State Road 434 Winter Springs,Florida 32708 customerservice: winters- rin;sfl.or inC0'Pi9sn Application-Aesthetic Review REQUIRED INFORMATION: Applicant(s): Son Chau _ _ _ - -Date: 05,'14/20 Mailing address: 800 Long Lake Drive Oviedo, FL 32765 Email: drehau54@yahoo.com Phone Number: 407-895-0324 - Property Owner(s): same as applicant _ - Mailing Address: - Email: - -- Phone Number: Project Name: Winter Springs Medical Office Property Address: East S.R. 434 Winter Springs, FL 32708 Parcel ID(s): 34-20-30-5AW-0000-048A Parcel Size: 224,508 S.F. (5.15 Acres) Existing Use: Vacant/Undeveloped Future Land Use: C-1 Zoning District: Commercial 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 lrtitigative techniques and plans required by city code? Yes X No List all witnesses that the applicant intends to present to the City Commission to provide testimony: Sam J. Sebaali - - - ---- Fulvio Romano - - - -- - - - - -- - - - - - - Amine Harb - 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: Oral Factual testimony, photographs, rendering of proposed buildings, architectural elevations, site plans and ering documents including traffic analysis and stormwater management report. landscape plans. Site Engine Page 2 of 5 2019/10 171 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT • 1126 East State Road 434 Winter Springs,Florida 32708 customerservice ,wintersprinesfl.or. Incorporated 19s9 Application—Aesthetic Review !.e 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: 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 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. 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. 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 of 5 2019/10172 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customersery ice;t J�wintcrs pring sfl.org ,nroR 19ed 59 Application—Aesthetic Review (Per discussion with Marla Molina, Senior City Planner, all documentation REQUIRED DOCUMENTATION 4PDF1 previously provided within ProjectDox Case ZP2018-00000015) X A complete Application and applicable fee Minor(Site less than 2 acres)—$300* X Major(Site greater than 2 acres)—$600* Modification of previously approved Aesthetic Review—$300* 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 Site Plan X Building Elevations (color) illustrating all sides of structures X COLOR RENDERING illustrating street view with landscaping at time of planting; X ILLUSTRATIONS of all WALLS, FENCES, AND OTHER ACCESSORY STRUCTURES and indication of their height and the materials proposed for their construction; n/a SIGNAGE ELEVATIONS of proposed exterior permanent signs, outdoor advertising or other constructed elements other than habitable space, if any; X IDENTIFICATION of MATERIALS, TEXTURES, AND COLORS (include paint chips)to be used on all buildings, accessory structures,exterior signs, and other constructed elements; X OTHER architectural and engineering data as may be requested to clarify the application. X 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 Chapjer 20—Zonin{, Sec.20.29 Applications (7)—(11). * 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. Page 4 of 5 2ot9it° 173 -� CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice c wintersrinursfl^or `'uvY„ 959 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 af3rementioned 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 (Print): SS�II Chau _ Applicant Signature: Date: -- - Business Name: Winter Springs Medica ice Address: East S.R. 434 Winter Springs FL, 32708 Parcel ID: 34-20-30-5AW-0000-048A STATE OF �� COUNTY OF _ 6; - The foregoing instrument was acknowledged before me this day of _ _ , 20 , by _ y who is p rsonali\ — known to me or who ���1���muroduced J as identification and who did/did not take an oath. ;����� Ep0INgoF�'�z Date: Al v Notary Public Signature: My Commission expires: r//r•.2 3 acc as�a�s yip Spy?;#01 c u Note: The Property Owner shall sign and have their signature notarized belo�� till Applicant is not the owner of the subject property. Property Owner's Name (Priv'-l: n/a same as applicant 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: _ 2019/10 Page 5 of 5 174 i j w F\ Y r n:rlu I I ' **. MINIl MINUM I i I 61 �I Nth I :4 , t �: � i r mc J k s 4 i t. 175 i x • +fie � ! �� �� �'� I ! li L'1k:� w�pi. � 1 M i I, I.I. l' yl_ � L�'�TrwaMM� I t h k� II n'g P • 4 4 t y, R. lU Y �t' f I J - F , Auk IV MWI 2.2 f d� �i - �.,� � .IIF• ��,:�i r : ! 2 ! . - < - \\� \ � < ~ � \ c- :' CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 Encorpora[ed customerserviceAwintersprinpsfl.org 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. The 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 parry 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 Page 1 of 5 179 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 Encorpora[ed customerserviceAwintersprinpsfl.org Application—Waiver REQUIRED INFORMATION: Applicant(s): Son Chau Date: 08/07/2020 Mailing address: 800 Long Lake Drive Oviedo, FL 32765 Email: drehau54@yahoo.com Phone Number: 407-895-0324 Property Owner(s). Same as applicant Mailing Address: Email: Phone Number: Project Name: Winter Springs Medical Office Property Address: East S.R. 434 Winter Springs, FL 32708 Parcel ID(s): 34-20-30-5AW-0000-048A Parcel Size: 224,508 S.F. (5.15 Acres) Existing Use: Vacant/Commercial Future Land Use: C-1 Zoning District: Commercial 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): A waiver is being requested from Winter Springs City Code Sec. 20-605(b). Please refer to attached narrative for additional clarification and justification for the waiver requested. Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development? Please refer to attached narrative for justification response. 2019/10 Page 2 of 5 180 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 Encorpora[ed customerserviceAwintersprinpsfl.org 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? Please refer to attached narrative for justification response. Will the proposed development plan significantly enhance the real property? Please refer to attached narrative for justification response. Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? Please refer to attached narrative for justification response. Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? Please refer to attached narrative for justification response. Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under Chapter 20—Zoning? Please refer to attached narrative for justification response. Is the proposed development plan compatible and harmonious with the surrounding neighborhood? Please refer to attached narrative for justification response. 2019/10 Page 3 of 5 181 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT ° 1126 East State Road 434 Winter Springs, Florida 32708 a[sto[rn rSCrviCC(ci,'�vit�tcrs}�rin�s I�.or tnecrz+,ratod 19s9 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 (Print): Chau Applicant Signature: r Date: f _ ,- ?0 2- Business Business Name: Address: Parcel ID: STATE OF COUNTY OF nate 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: Note: The Property Owner shall sign and have their signature notarized below if the Applicant is not the owner of the subject property. Property Owner's Name (Print): oww Zo Property Owner Signature: Date f�� STATE OF COUNTY OF The foregain instrument was acknowledged befo m da�o�IfIJ�i- 20 by HAU who is ersonall known to who has produced iyS LjC ]�S� as identification and who did/did not take an oath. — Date: � ��� ' (seal): Notary Public Signature: JOHNATHAN LAM My Commission expires: Z-1ZZ-0 't I�IYCOMOSSM O 285212 Dt VO-.Apd 1.2423 "'•.Pi�'•� 8ondedmur+oteirt�,bicunde�nrlhrt 2019/10 Page S of 182 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 Encorpora[ed customerserviceAwintersprinpsfl.org Application—Waiver 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 X No List all witnesses that the applicant intends to present to the City Commission to provide testimony: Sam J. Sebaali, Fulvio Romano, and Amine Harb 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: Oral Factual testimony, photographs, rendering of proposed buildings and streetscape frontage, architectural elevations, site plans and landscape plans. 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. X 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—Zoning Sec.20.29 Applications (7)—(11). * 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. 2419/10 Page 4 of 5 183 5127 S. Orange Avenue, Suite 200 2302 Parklake Drive, Suite 134 FEG FLORIDA Orlando, FL 32809 Atlanta, GA 30345 ENGINEERING Phone: 407-895-0324 GROUP Phone: 1-877-857-1581 EnVineerlho the Future Fax: 407-895-0325 Fax: 1-877-857-1582 August 7, 2020 Ms. Marla Molina, Senior City Planner City of Winter Springs Community Development Department 1126 State Road 434 Winter Springs, Florida 32708 Subject: Waiver Application Justification Winter Springs Medical Office Site Plan Case Number:ZP2018-00000015 FEG Project No. 17-107 Please find attached plans and other documents to support the Waiver request from Winter Springs Code Sec. 20-605(b). Specifically, a waiver is being requested from Winter Springs City Code Sec. 20-605(b) (Streetscape Requirements) to allow a 10 ft. landscape and treescape area adjacent to the R.O.W., followed by a 6- foot sidewalk, and an additional 11 ft. of landscape and treescape area (total 27 feet) in lieu of the required 5 ft. landscape area adjacent to the R.O.W., followed by a 6 ft. sidewalk, and a 16-foot landscape and treescape area (total 27 feet). In addition, the waiver is to allow planting of understory trees in the R.O.W. in lieu of the required canopy trees. The following is an item-by-item response to each of the waiver application justification questions: Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development? This waiver is required due to conflicts related to the existing conditions within the SR 434 right-of- way along the site frontage including overhead power lines and underground utilities, which would prohibit planting trees in the configuration required by the code. As a result, adjustment to the landscape configuration is being requested to allow the streetscape planting to take place within the restricted conditions without impacting existing utilities. The existing utilities are part of the public infrastructure, and it would not be possible, practical or reasonable to modify the existing utilities as part of the proposed development, since such modification would require significant infrastructure retrofit work related to SR 434 storm systems, public water main, and overhead electric beyond the scope of this project. 184 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 Plon? Apart from the requested waiver to City Code Sec. 20-605(b), 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 Plans have been previously reviewed and approved by City Staff. Although the applicant is requesting this waiver, they have made every effort to provide streetscape to meet the intent of City Code Sec. 20-605(b). Will the proposed development plan significantly enhance the real property? Justification: The existing property is undeveloped and provides no use to the public. The proposed development plan will enhance the real property by allowing the owner to construct a medical office to serve the community and enhance the SR 434 corridor with the proposed streetscape and provide significant on-site landscaping along the SR 434 corridor and the perimeter of the site. Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? Justification: The proposed development includes a medical office, which will specifically serve the public health and welfare of the City of Winter Springs. In addition, the proposed development includes an on-site stormwater management system, which will enhance the existing drainage conditions in the area by significantly limiting the off-site discharge of stormwater to the existing downstream system,which as existing deficiencies. Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? Justification: The proposed development will enhance the property values in the area and will not alter the essential character of the surrounding neighborhood which includes other similar office and commercial uses fronting SR 434. Overwhelming support was provided at the community meeting by the surrounding neighbors. Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or potently unreasonable result caused by the applicable term or condition under Chapter 20 —Zoning? Justification: Based on the existing conditions of the SR 434 right-of-way, the requested waiver is the minimum waiver that will reduce the impractical conditions of the City Code Sec. 20-605(b). Is the proposed development plan compatible and harmonious with the surrounding neighborhood? Justification: The proposed development plan is compatible and harmonious with the surrounding neighborhood,which includes other similar office and commercial uses fronting SR 434. 5127 S. Orange Avenue, Suite 200 2302 Parklake Drive, Suite 134 FEG FLORIDA Orlando, FL 32826 Atlanta, GA 30345 ENGINEERING Phone: 407-895-0324Engineering the Future GROUP Phone: 1-877-857-1581 185 Fax: 407-895-0325 Fax: 1-877-857-1582 I trust this letter and the attached documents adequately address the waiver allow site plan approval. Should you have any questions or concerns, please do not hesitate to contact me at 407-895-0324 or by email at SSebaali@feg-inc.us. %Se , Group, LEED°AP cc: TrucT Nguyen, Manager, Chau Family Holdings 11, LLC FLORIDA 5127 S.Orange Avenue,Suite 200 2302 Parklake Drive, Suite 134 F GROUPENGINEERING Orlando, 32809 Atlanta, GA 30345Engineering the Future Phone: 407-895-0324 Phone: 1-877-857-1581 1 86 Fax: 407-895-0325 Fax: 1-877-857-1582 5127 S. Orange Avenue, Suite 200 2302 Parklake Drive, Suite 134 F E G FLORIDA Orlando, FL 32809 Atlanta, GA 30345 ENGINEERING Phone:407-895-0324 GROUP Phone: 1-877-857-1581 EngIneering the Future Fax: 407-895-0325 Fax: 1-877-857-1582 September 18, 2020 Mr. Kevin Maddox, City Arborist City of Winter Springs Community Development Department 1126 State Road 434 Winter Springs, Florida 32708 Subject: Specimen Tree Removal -Winter Springs Medical Office Site Plan Case Number: ZP2018-00000015 FEG Project No. 17-107 Dear Mr. Kevin Maddox, Per our meeting with City Staff on Monday May 6, 2019, the Tree Removal and Preservation Chart calculations were revised and included on the Demo and Landscape Plan drawings showing the Specimen trees (trees 24" or more) and other trees, which are proposed to be removed. As identified by the Tree Survey and the City Arborist, there are 5 Specimen Trees on-site, all of which are Canopy Trees, out of which we are proposing to remove 4 Specimen Canopy trees.This letter serves as a formal request for the City Manager's approval of the proposed Specimen tree removal as required by Sec. 5-8 of the City of Winter Springs Code of Ordinances. The proposed Specimen tree removal is necessary, since development of the site requires significant filling, which would not allow tree preservation. We have made every effort to preserve as many trees as possible in areas of the site where tree preservation was possible. Of the 5 Specimen Canopy trees on-site, we have preserved 1 maple Specimen Canopy tree. The 4 Specimen Canopy trees to be removed consist of 2 oak trees in the upland area. The other remaining 2 Specimen Canopy trees to be removed include 1 maple tree and 1 cypress tree and are in the wetland area. The Tree Removal Charts are shown on Drawing Sheet C-413 included with this submittal and the Tree Preservation List and Mitigation calculations are shown on Drawing Sheet L-1 included with this submittal. It should be noted that the tree removal in the wetland areas has already been mitigated by the applicant through preservation of other environmental areas within the basin and the mitigation has already been paid for as part of the SJRWMD permitting process. The tree replacement on-site meets code (not counting trees in wetlands) and most of the trees will be planted in Phase I and will also include the entire site perimeter adjacent to Hacienda Drive and SR 434. The remainder of the trees will be planted in the future phases and consist mainly of internal landscaping, which cannot be planted until future development. I trust this letter and the attached documents adequately address the Specimen tree removal and allow site plan approval. Should you have any questions or concerns, please do not hesitate to contact me at 407-895-0324 or by email at SSebaali@feg-inc.us. q , ngineering Gr up, Inc. li, P.E., LEED°AP t 187 CD N s � cn EN N M LO e O O N _ 0) NC � N 5 a a bDM00Lo w J fL � U H o i _ a a a O O U W s _ - w < a ti ~ E z w a W a - LL LL LL O -4 L — o a 3 F n o m * a � a z w y a o 0 o - Lo O 0- LL z a a H 5 z z w 0 c � � � � c m m m a z a a z w Z Q a ~ - m ¢ m a a z a a a c a c Z o 0 0 0 /rt a y e W W 0 )) - a o ga g 0 �j w w w n m a Z d N v Q W O F m z Q Q ~ F F Z [L' m m a Z N N N Z ~ fQ.l O Z Z O z z W W W z z Y _ � _ a � � � 5 J z z � � J a E O w o 0 0 . P s m c� c� QW � z W w a a w w 3 a a a > > c Y — w w z w to to w m w w w w W w w w }} V w w w w w Q W a O 0 00 W W W Q Q F F F j F F F F F F F F F 0 [L' F F F F 2 U m m O O N N N O N N N N N N N N U F ILL N N N N /� LL Z m Q m Q m U O N N O`/O n n m m m m NJ J Oa b b v b b b b b b b b b b b b b b b b b H H LLW(D bA U J Z - pLL00 wOQ 0 who w � w0 (f) 0 W J O w z m N LL Z � � o — W � J F > W LLIH O F- y Z ('7 Q oy w Z O Z 0 U m z z W L LJFY ^Jcn W Z z LU � z y y O W LL LU 2 JWy F yy = =F Z W W a J z 1j _ 0 o zz� — W ° Z J yO}yO}W 1- 20 O y eiei ? tDn °W ei FFY�aOLU 7 F 2 J W Z � a ntDtD C7 W W W OF tD C1C1Ca0LLW W 0 > W F N O O Z W M�4 Lyy y M4 — H �fW02 N Jnn JH�0000 >0�00 W n V ZCLLnn yyNl�l� CryNn ZYNtr Oa.t'00 ZF JOO yZ JO MMOONMN agMp lowss 00Ly�� HmLL� 0000ei�W M� mo - LL 0LLua m0i0 =W O n1,7Tl9aa? aO?u? aZ 0 W m V 0 — p nnQ1nN SLA V °C J a J W W W W Z W d'W Z W N N N W M N W ZO W a mr-Zz F7 Oj( 0C4 0 0eA o MMfD Q1 LA fD fD 005E W tD-2Q �0�2Q oomm nnneinron 0000Li L-ei3aLL mMOdLL aNOd 000womb Z a a Z a 0 z a J = LU W V a W 0 °m "' ���m= ° _ W CL' W > J H W V W m N W ZOl W H a W J a a M 3 7tn W F--C) C7LL O 188 �� 61 t. I 4yp1R�M.W��� 'E�–� ���a� ^e J -__ ��•� � � No �� --Iei ��� Pg g ,h �aaA s Sd 41a c o gu x v ar !� Ln r it gyg} - 49a�ts_t ��_$_�,�"�� ����3 4 1, �. ,�.. i a � I !as#Bim r..• Z g31�83^ , •� �_ r s U l*' i538 $c§p hi Q. !• i �`` - •. * *,� •, .a!Et u all -gg5k t �^ WWyyi Spy :�e E #y 9{ ji #* p 1Eai J "x� xc3 ..a5��'���xdr �e5 � � �. � • .� 8#cart!3 sYfas "I lot --------------- b t Y '✓� � � �����pf� �� H€ � i3x4 r L • p �cw a€§fit ei.aa].sy fit�0gAe�a��1 Ya o ' EST p Pt � FyyR¢ h111. l€ �1, 11111111111,1114111hf >a.���irll�$�rtatrrel3��}}�1uxa 11Ii1$F1ty€+�tr33�R;ialleta�lliaa1Mga�ayr€�afrlrial1l11jii�l�t���itta�€11iala;ialdaiE 1r € r1 !1a4�a 11,1111 1y�. �3di9iif SSefi3a !dY`xlR1H5l91l9iiA Ekl'`tl [f�3f35cS5Sl lillii l$1111z1i�llBtiE3ii;d1�3e i1?#'6ai�lfllaxind!!i£#lf3a11aiisY#IliiillEks63f_4?p., -yye YEE , t d � Will H 413 3 3 g d! !d 3 d&! f 6 3 r g a aaj ay€a&llfr @ a� as ilrtr!ka g[rttt� ki7.8 t t ay a r a€artkar11FIBIyyr�ak ar rr rata a a1E l if $iya rp 5sryx€. a€ai_d. a a It#;1a l aI trsaa�, s3D1E1k1'sYiiA�ii�iiilY 41Els EiSAarAtl111�ill lri�1� 1111i1l 18349aE o!#5s1x1E4 Yh 98 7 3il3 Siiii 5 i11 i1SI iMMI,RlF iii¢3543 15�Sloi'siia 16Y5's:lfl'srf�i9itfliC' p ¢ till k r r xalggrat3 r68ikla!![arr 1�ti to atrly rlaE}8t1g9}ia�Ealli�apri'''Di'y51A.aaS}a{arg8 ItytyaIyrark�yrafq€ar€;aIDk{ik#1}Irira9MSatll3prla�}k3aJi�y1 i8ra�3Drra�ik%_..:' ?I Fi9�A�3 111111111 l IiiiiiA¢AA=d1f2R19.ESd$d'�9i&fJ eB$a#IESII Y#�I,%t a�1M111112ll AY9@tAl IIAMR?Mil;4111,1141 Nahi,4Bt 9 lirAl.E12i?S I P�9H i8f916�J ,._. L.J �3 S � i 8 � S r. Ekr carat t!t rt €afire ltaarr aka rraar k!'ki�aE�t:43S€liaaa;IBra ark�ii�a 3 I�ala;ll€aI a.k kl;a ai3t�t7�}�7 arc rIt r a�1�a ttrr•a dt a T is: IIk y 4 t..1.y.S % Srk':t 51Mlyke'dbak.kia 's-4 k.y,§3e4SS_S:y xey5a5.ky.y�y ky 553trkuy43 M}q! # kknk ks'3 ky k5 y 555k1yr5,:.zssliAkjjgaiir���ig—S.cRei�pnajl>Is ss�aaesiYa�.s_as�f a_oa�ae.+.�a7.1ya�s.�l:.a�._ce.�i_ 1.4fi x616 wfl,-,, A9E93!®'JBE9i9iS53wiln ffils�Ia�31D31i1�� 189 a a J �0 6gwF= - - o pN O @ �d1yQ A0 - o ®S�� OD© ��p�on 3Q � w D1-1X I I ji qq,/4)>'flux a� tia3�w. H5 N oG Cl) � p Geo so U _ (17 O §4U LL LU IL 6 O m & U L v o O � z cn o M LU w z om w Q Ga 21, z=- §po. ao> 0;'043a ;<06 _ -- ffio 'aa 'G a o §o ods ��w 34 <so of - = oG�-- _ H—E - - ; �oG G- �o o•i _=�a mo:oi.e=o ad'�.� o^moi - �§ pis b. _ - m-�� wa oo G� owm3z Pimz� s i w 3 -mzw� 5�=up o§W�o_- - Wffi. oG'o46� - w w w3o owm oppG W =p o°wG T =off =%< aG ps; oew= LL } g ag G w z u ZoIom ==o` LU oho;fl2R _MW ffiI°ate -< LLO O "`oo�w oo �ma'w m� - LOU J awwoz - d LL 5� - LU _ mei Nm _ H a p4< 03 o ad M _ P EE 2 w W z _ a' G ��ozo pG �i ai" - Ep o§ - - 5VnRfi ¢Gw o w aS"a"aS"a- E3 &i - G Q Q oGG 4 s� o o e �mso. zmemw= v s ` aUlm =a AY- z e GN� o as :s - - ak. �G - =o b co OZ Z ,p opo o"'za Gm- (n _ - - U oGG Gym - C7 -- - as - Q _gig Ooh p - a Q Ag�G 190 OZ ds< M w Go %LLJ o 0 O w p p 3 .. �i ro) ,fiJ•r'lit)(oJ -!y t \ g o � �j 1 fj" g r 13 w LU Lu Q O Jae � j ¢ Q> w 2. "°" \1_(#J �) . __(#) (eJ_ �� p w m Oil J er NLU IL roi _ '*) f.Jy o 5 0 0 o )(eJ o "3 rfs., a u y �)., 4 a d LV LL LU ) ) �j O Aj r*) d M Q :r*) w p ¢ O LU 0 reJ. *� _ CL LUO z_ w �s e a )(sj(�jlfiiSb r '(*)r#J C) \ Aj Tjv � C, O00000000 0000 �, j , r*��� _R R r*j e (.f) ® po Mr,Posoqlaneo �� a 8 9 �) w oasp `ioo - �dp,�=m n s 191 m oGo - m 05o W - S,n2 6 - -�35- at "g"F= As ZGo _ _uoaoGa 3ng u go oGN - O - - - -" IQ ram GazG� and z _ _ _ S as -AWho10N 1 w O - - Z - GA69jus -0 AN - _ H - He -z o -90 O HIM- o�w jQ a Aj NU __ - _ Z z 5 �b� �O _ =Gopo SM -0 01WEV yest - - - - d m k -'Go J w�,. - PPS ax`P G G - - - - - WQ no -EZ - Paso - Z - - — - - E Ei - - U - U _ 3z O JO d U GN�� _ G6 0]m - - _ 0 o - g `<5w - - Z - - -_ G a _ J Gp g�^o- ~' aGm �NS< O -� �am 0 0 0 0 0 0 15 _SxTAI " �,v�o = p om W J Zw� - 3 ��� o o ym 'a_'2 a�ry 5— t n - G o - Q Q G amNoew o4 oszo =Go Mgt E .° c "sna 0 LU 0 r _ LL _on MDpG Gap _ - _ sm Wtog A, NWo `¢� ��o_ N n ��Z o po. �'� NA ago ag-- ¢` AN, >G o wo � Uvy IN o� go W ZO t - _ _ E mmHg go,g3G o aJ= - _ - � � _ HAI C I Q Z �� & -s'a"RNo G = o &I-11 an P Ngo Q p, Qgf p _ of a Him U .w now," - Z - J U o _ _ in H Irs =G on 'yam ys. - - ® - o o a in 2 D o4 - Bo z A In Gt��opo _ - N6 _ - m3x � p�o W - W J Z 4 �g w - o NQ - _ > - 0 J Q 15 ED 0ct8 ~ in Go _ _ _51 -sm, _ - Z - - - - d 6� _ Np cn J01 - J _ _ __ _ - t1hoNs of _ W, - nut 4; 'can in 92"TIN, "at J - ~ G o Q - Z - - - "His - z� O - U - - _ tog _ - - - oa. _ _ _ - _ _ non 's -moo U m�?o Z _ _ _ �Go Z ��oo°¢ _ _ _ n_ A3 U "MY IN PER a, 11 .ate �fGo 3 EES m o w a a - o I Evil m=w ou�oiuSlklN�°tl1�lal%z� W of? Q - ��` W oG 121 gn W I NR- W - - W M Nom 55 O ps T W:N V W - - dw w U W}a O W rc000a W w wa�s W ¢O O -ilJ? ED a-.z e SU(D Ej oar = F ry o 0 J c/l t/7 O P ry o o n _ ry o w1' 0 Q o � a _ o00 o Z W W 8� ne- o00 o i i o P iri o W � - � a"a"a"aS"ay N3 "Lv bpi 1A Wany-Ind-ops; aR C Z �- IM EU BPI! mull.-MIN €E I S S Nask* v C 5 m _ ` p still 11 192 III > ���� � ✓ \ EPSEMEN V N \ z C W 16 / \ n LU o N 100 40 \ .00 \V A ; CD t � j \ { . 75 Ld ( ); fh LU \\ \A \. LL } ( J « \ \ \ \ S S§ ; » G2 J\ S; 3 \ \ \ \ < LU [ < o LL - - i.9|2 122 72 \\ \ ` ~ ~ \ 194 %est LO — goad y� W Z � w G" �, 'S�� �✓' P�Iv� a \�' vl my �Aice\ g V A\ Y o� W LL O M Q � 000 CD < wL o 195 - �� ff LLI LL w o l All. 0v � avo x V z U < 0 w LU Q 0 gLU 0 wlz O IL \ m A c/7 V7 G = L O w 196 / \ 6 N, CO -m„ a w HPC\E Q Z V1 N� gays- U ow w •^PFJ b R CO o Lu \ V QzQ IL Lu u k s w e� Lu e6 ) Lu EGO W LL o w a s� C zooms \ � Np.S O Lu Q w - _ \ / \ \u d Lu 0 LL aLu Lu IL a o 0 Q ¢ 0 Lu d G G o6 E Q o O 4 tg Flo z� ass Z O II ® - W W LL E U 197 - _ £ p - Qo b _ H�.n Q_�u� Zvi ' ®�• v) Oz g� Ino3 - ao Opom �o Lu x — ��. �P7�' 1111 E tf f$ a ifs• 'f : ", � �, W i w ON Lu W 4 e - a z 3 s r i y t r - W 3' LL Z i k { W J_ U _ z �'1 � � Yp � •s W M Q 7 � W uj OLu O i ! 1 til+i�Ei a L W Lu Q € > z � z 1 a I! $ m LU d 1 I � a zwwo •Sf I ! LL H it j !� •I 'ltY� ����i IFt�� � 1 r �� ��� ss 198 6 L? Ilk ------------- TTI LU FJ s \ � �o \«� ��� tJ7 a \"\ \ i� as W'S - N-N 06 sv \ ` 3 \ \ N\ aJw N E t LLI LL LU 0 -zt IL (Y) < < Lu < 0 1E E LU 0 Lu Lu ��w z `' \ v �� o IL J�E O U � ♦ o \\ / �y�' no\\ P \ \ J iJ7 i/7 Q 5 0 \ $$$ \ \ \ `� o z w Lu % % 4e UM 88 0 C e �V �� uarc��uz� \%\ ��N S-P 9- 199 C a_ ✓' ae �t 8 n / d��FYtl�• ~� �� `'� \ •fes i V MAA 6 L9 Lu Lu Lu u LLI LL \ ' wsoo Lu O J u w O \ w z \' o IL J < Q Lu W O !!, z w 3 a"a"a"aS"ay ^ a R E S E �L •^�.rr` �quSgsN MAO i ins- 200 A 1A Bus _ �en sl' v 2 bo- jam "s`\ 1 y \ \ 1 \\ z a I yq \ �m \ S \ \ 6� N LZ MI LLI LL W El d J M Q h (J7 Q Q ¢ � W zw NAr� a"a"a"aS"ay m 5 0 vd -vv 9 g\ a R €1aaS 201 � n n zQn nn i5�� s^¢Wi� U o 0 o`G s s W O opt _ w W � U N oho oho foo �om� 4� ooh o Z LU x =< =a fop o z �oo nFa �w a o n Lu Lu cn - Ld W Q Z - EG 3 �o'moe`�-I` - O z� Of rc U VOQV4 k �z zoz6 mG �k 'ate G �l3 8=i-. U _ p z o N W` O�< m v r w � o w w n �nwww wonLL of ® - §m Lj W LL La py Lu F- U J z 0 a W o W O a M Q Q U 7 0 U — � w � z w — o � w Q O O w � Ww W 0J > / Q� d W Z W \\ Ee W O J H Wo W Q w 73. J t Lu w O Lu z z 3 a"a"a"aS"ay a R E S E 8�R 5'aag$a ss 202 �z LU d £C------------ IL ZD W OGO r\ LV LL LU IL ¢ v o W ¢ o W a Aid T V a LU o LU LU vi • m y y >v A z °� \`� a� v �m o✓ s ®%\ `\�, \ Pari a"aaa"aay h \ wG W N ils 203 0 0aa 0 z " N �o r -rnn �msm Y - r � - � m m � Ovg�_z Oho_ ��azzzz O�ozz O � 40 G LU d LU OZ Is • so - -so O C,cn Elf„ V) r Ma P neo« -so u.oaLL G' Q cn CD 0 = - - �„ o LL m3 w .ss U J U 7 3 z z z F a ¢ v o w 0 < 0 2 w U¢ O d LL1 V) IL IL r- - J ¢Zu u U Q G± O rr if r LL w W LI) a c aS"a"aS"ay • �E S E 8�R �'aag$a ss 204 " w IIII w o�� - x o s o p=N III �� o w�ao $ � - F1 ids i� N 7o co m J z moo so � W o In Lj �ry,z s3av�. Z J Tk r 1` o> o r 3§�4 >r e =aw ~ zw �N w o IL OU Lz J 3 3 CJ J m sm a90,2 G3 Q Lip), a rcG �o om � 5 uoaLL dk > z 4a O R? owo3,,J ?o O QG= ao ~Oz NQS N LLIUo Y P e4`3z ao Y ro,.maim LLLu L IL a v ¢o a .d a o Lu 0 w a LL w `nLu a w V) ` J (J7 < 0 a ¢ Lu � Z_ w W om W w.ppmpoc <: w. �wi w LL Z mwx a m n _ w 0 - � o gm e z.� 0 3 waw"�w " _ fill` £ .__._...� z`- w LL =N j z = a R m = Jgg z O { S n U cl N Ne 3 ¢ o III � 'aag a a G 111- 8 cL �"� o carys� .IIII o�w 3 3 c U. � - (97,` " nPn � � ss 205 tn,, : od, . £ : : 2•� ® � : RE : \ W--- T � ] / � � LU z / - /\ \ } \ } } } } } \ \ \ , : ^\ m / \ \ W LL ]] §\ _ ;!® t / } \ , r :)( § \ \ \ ; ; : , ; ; : n ; , 3 $ @ 2 � Lu Lu § IL 2 = = < 3 LU LU \ — — `!! \\ , ; /( 206 \\ �\ � aa \ t \\ \ / / §1 / ; \ � ) \ / \ �W }� LL I � t ; ! IL m § \ \ \ 2E CL/ § GLu Lu ! > = IL / / ao ! G ; ~ ® a Z (} � §§ ,§!.! ((~� )(})§/` 95 :Z E,!!vi| 207 « r! - f y t. / /1 ) » Lu � � } W \ LL LU ) 0 ` § \ \ \ ! 3 $ @2 s gLu § ( \ § \ j ) a3 } ( ( � � j §§ -1 = q ; /\ •, 208 uiw cc7 O a o3 oxo Z O -p oE £ E E O ,1.mg oLo ZL x X _ o �v - - �_ Q gNgYg N m N �• Q � m - - E - _ Q 3f 2 Q o £ £6 m O - ry m a a n w K wnarcF sri � 30 �w vMuv siil�. Ca - iE - Q & Lu v) z �_ H - o3z a� 3 n u.onu - ws IN91]X XtM,f ,� N OF e NIH.9-,t rid U _ m m vmi3 z - a; s _ O m Q W_ � LL __ ... Lu o m zpms'� S < - w3HmJ U hu., z LL u m 33:vwirc 3 - _ Q d O C7 Q aLu 0 0 g �� mLu `m€3aLu a3pQ ry O IL MI. $ e a G O fll, z w a _ w x " z w 4§ Lo bring IV a RPM III m § ss 209 AM - \ deo M �o o� EGO < ,k \ f WPo o E \ \ U G \ \ 330 \ YIlk L W W LL Lu a co wooer Q O w O J ul w O \ w Q D 05 < -k oar ¢ LuLu w o \ \ -.Y\,�., \ \ a R \ 210 m� deo M§ E 6E� m� R ' 4N o i U W 6 n1 U A \ t€ o iEq �, v r L LV LL Lu \ \\ aavo Lu < 0 \\ %� \ aLu0LuLuLL w w w z � � a"aaa"aay \ a ` \ �i'�-1'i 211 . 7, g h E E qsg _ (D z 2 8g, ......... z LU IL LU lu IS U M. z0 2 w 0 z ow z A LLI ci E LL z ES ol Z U LU z wz C) z w w ow < w ww 0 0 CL (Y) < ww Ao 0 R LU < LU 0 m LL 0 LU N 3 LU LU U) A Iv-P CL < < 0 LU LU !M� N, pH� P-HRiE tgt- - - --N -M --i= o Pt! acme oo=ss KPM-PE 212 d z � � \ \ m of • g4�iM ©0 IhII o v - w CL O \ 4 = 20 s Am Y 6f LLI LL LU CL a v < \A z U LU LU Q o 0 w n w O LU cs p J a < \s Q LU W O w — wa 213 - N N"'9g9 c �a E w\ - \ jw\ R -1 N I ` L4 1 \ \\ \ J v w R J .'\ IAI V' a LL r a .� a 1� �vv��v ,a t. � v a ❑ z ❑ LU CL vw c9N :z ¢ in ¢ i¢ O ` z w \ L Basso ate= s w"o4�= m $e U 214 milli Tit !Elf .......... ....... Lu ,1 ........... ------------ ---- ----- ----- IL ................. ----------------- --------- ---------- .. .... Lu .......... ...... lit AA ---------- 1.0 1.0 MUM!!N Wii .................... .... ....... ------- 61, W ....................... LL Lu ----------- ----------------- ---------- zz lit 0 ISSS ILcto Lu < 0 Lu 0 Lu Lu < 0 ---------- TR--------- --------- ------------ ------—.......... ------------ IMM 51 WS 5 as - ------------.... . ...... ....... .. .— 3t5,lt lit 1-,4 in ------------------------ ------ ------- ------------------------ --- - 90. --- - P fa 0 cs LA M!!�w i i! I!'i: W!W!111 5 I sp ef Ro Rl.1 Rl R 215 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 Winter Springs Medical Office THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this day of , 2020,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 CHAU FAMILY HOLDINGS III, LLC, a Florida Limited Liability Company, whose address is 1287 Semoran Boulevard, Suite 200, Orlando, FL 32807. WITNESSETH: WHEREAS, Developer is the owner of approximately 5.15 acres, more or less, of real property located west of the intersection of Hacienda Drive and SR 434, in Winter Springs, Seminole County, Florida, zoned C-1 (Neighborhood Commercial) more particularly described herein ("Property"); and WHEREAS, Developer has applied for Final Engineering/Site Plan Approval, Aesthetic Plan Approval for the Medical Office, Specimen Tree Removal, and certain Waivers from the City Code in order to construct a Medical Office, Assisted Living Facility, and Retail building on the Property in a phased development; 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 August 13, 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 Chau Family Holdings III,LLC Page 1 of 14 216 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 34-20-30-5AW-0000-048A 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 Medical Office, Assisted Living Facility, and Retail Building in three phases on the Property, for a total of 65,970 square feet of building space, and supporting infrastructure, stormwater pond, parking lots, and landscaping. (Hereinafter the project description and requirements are referred to as the "Project"). Given the intent to develop the Property with these three primary uses, the "Overall Master Site Plan", Sheet C-5A of the Final Engineering Plans, attached hereto as EXHIBIT `B" for convenience and incorporated herein by this reference, depicts three "Development Areas": (1) Development Area 1 (Medical Office), (2) Development Area 2 (Retail Building), and (3) Development Area 3 (Assisted Living Facility). These Development Areas do not correspond or relate to the sequence of the phasing of the Project or the extent of infrastructure to be developed in each phase, which is described below in Section 4.1. The Developer has no current plans to subdivide the Property, and the Development Areas depicted represent only future building sites for each of the primary uses rather than separately-owned lots. The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, and Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File Nos: ZP2018-0015 Final Engineering/Site Plans, AE2020-0009 Aesthetic Review, WA2020-0020 Waiver 4.1 Phasing. The Project shall be developed in three phases as described and outlined in the "Overall Master Site Plan," Exhibit B. Phase One of development shall include the construction of a 10,190 square-foot medical office in Development Area 1, fifty (50) parking spaces, two access driveways from SR 434, internal drive aisles connecting the access DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 2 of 14 217 driveways and surrounding the medical office, all utility infrastructure for the Project and stub- outs to each Development Area, stormwater pond, wall along the southern boundary of the Property, and certain landscaping as identified in the site landscaping plan. With respect to tree replacement, the Developer shall be required in Phase One to plant at least 639 credits of new trees, with the remaining 150 credits to be placed in Phases Two and Three. Developer shall receive building permits and substantially commence vertical construction of buildings for Phase One of the Project, which shall at minimum include building foundations, within one (1) year of the Effective Date of this Agreement. Phases Two and Three of the Project shall include a 6,400 square-foot Retail Building and a 114- bed, 49,380 square-foot Assisted Living Facility (ALF), and all remaining parking and landscaping within each associated Development Area not already completed during Phase One. The Developer has not identified the sequence of construction of the Retail Building and Assisted Living Facility, but the Developer shall complete Aesthetic Review of each building, obtain building permits, and substantially commence vertical construction, which shall at minimum include building foundations, of all buildings in Phases Two and Three within five (5) years of the Effective Date of this Agreement. If the Developer fails to obtain such building permits, aesthetic approvals, and commence vertical construction within the aforesaid timeframes above, the City shall have the right to declare the Developer in default pursuant to Paragraph 22.0 of this Agreement. If the Developer does not cure the default within the cure period, the City shall have the right, but not obligation to, terminate this Agreement without penalty. 4.2 Specific conditions of approval. Specific conditions of approval for the above-referenced Final Engineering Plans, Aesthetic Plans and Waivers, include the following, which are also addressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans, and Waivers: A. A Cross Access Easement, Shared Parking Agreement, and Utilities and Drainage Easements shall be approved and provided to the City prior to the approval of any future lot split or subdivision of the Property. Shared parking between Development Area 1 (Medical Office) and Development Area 3 (Assisted Living Facility) shall be required in the event the applicant splits or subdivides the Property. Should the parties ever mutually desire to terminate said Easements and Shared Parking Agreement, 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 be required to stub-out a common driveway access to the adjacent parcel, Parcel ID 34-20-30-5AW-0000-048D, for future connection to that parcel either prior to receiving a certificate of occupancy for the Development Area 2 (Retail Building) or upon the development of the adjacent parcel, whichever occurs first. Further, should the adjacent property owner ever develop that parcel, the Developer agrees it shall enter into a Cross Access Easement with the adjacent property owner in a form satisfactory to the City subject to a mutual cross access through the adjacent parcel. Should the parties ever mutually desire to terminate said Cross Access Easement over the common driveway access, prior to executing DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 3 of 14 218 such termination, the Parties shall seek and receive consent from the City of Winter Springs and obtain an amendment to the site plan. C. Upon completion of Phase One, the Development Areas 2 and 3 shall be graded, seeded, and mulched in preparation for future development. The Developer shall be required to maintain the grass and vegetation in Development Areas 2 and 3 prior to commencement of construction in these Areas. D. Developer shall be required in Phase One to plant at least 639 credits of new replacement trees, with the remaining 150 credits to be placed in Phases Two and Three. All required tree replacements in each Development Area shall be planted prior to the issuance of any final certificate of occupancy for any building in such Development Area. Tree replacements and landscaping shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at the Developer's expense, if the City determines, after reasonable inspection, that any tree or landscaping has become severely diseased or damaged to the point that the viability of the tree or landscaping has been significantly compromised. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees or landscaping, the City shall have the right, but not obligation, to conduct said maintenance, repairs or replacements and recover the actual cost thereof from the Developer. Prior to exercising that right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period, the City may exercise its rights to maintain and replace at any time thereafter. The Developer shall additionally submit: (1) a $65,700.00 tree bank mitigation payment for trees that are not possible to replace on the Property; and (2) a Landscape Performance and Maintenance Bond in a form acceptable to the City Attorney ensuring planting and installation of all required trees and landscaping, including in all three Development Areas, should the Project or any individual Phase be abandoned after the Property has been cleared and proper maintenance of the trees for two (2) years after planting. Given the phased nature and lengthy duration of the Project, the Landscape Performance and Maintenance bond must have a duration that is automatically extended, without notice to the surety, for successive periods until all landscaping requirements have been completed or be provided in a similar form acceptable to the City Attorney. The tree bank mitigation payment and Landscape Performance and Maintenance Bond shall be submitted prior to obtaining the first clearing and grading or building permit, whichever is earlier. The City agrees that it shall refund to Developer a portion of the tree bank mitigation payment equivalent to the value of any additional credits of trees planted within three (3) years of receiving a certificate of occupancy for Phase One, which are not currently included in the approved Landscape Plan. The Developer shall not be eligible for a tree bank mitigation payment refund if the additional trees are planted thereafter. E. The 15' Utility Easement as referenced on Sheets C-5A2 and C-7A of the Final Engineering Plans shall be dedicated and an appropriate bill of sale for the sanitary sewer main and associated improvements shall be delivered to the City prior to the issuance of the certificate of occupancy for Phase One in a form acceptable to the City Attorney. Upon DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 4 of 14 219 completion and acceptance of the sanitary sewer main by the City, conveyance of the sanitary sewer improvements shall be by bill of sale and free and clear of all liens. F. The Final Engineering Plans shall be updated to provide a detail of the potable water service line and the above-ground installation of an RPZ backflow prevention assembly needs to be included and shown. G. No building in the Project shall exceed a height of three stories. H. The City Commission herein imposes certain use restrictions greater than those otherwise specified in the C-1 zoning district to ensure any negative impacts of the commercial development are minimized and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: 1. Animal hospitals and veterinary clinics (with no outside kennels) 2. Art supplies and picture framing shops 3. Artists' (such as painters, sculptures, and craft makers) studios 4. Cleaners, Alterations, Tailoring and Shoe Repair 5. Confectionary and ice cream stores (including outside dining) 6. Dance and music studios 7. Health and exercise clubs and athletic training facilities 8. Interior decorating and draperies 9. Office a. Advertising Agencies b. Attorney c. Bookkeeper d. Dental e. Insurance f. Medical g. Professional and Business h. Title Companies i. Travel Agency 10. Pet shops and grooming 11. Photographic studios 12. Restaurants and outdoor dining; cafes 13. Retail uses as follows: a. Bakery b. Bicycle c. Bookstore d. Hardware e. Health Food f. Florist g. Office and Stationary Supplies 14. Retirement homes, including nursing homes, assisted living facilities, and independent living facilities DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 5 of 14 220 15. Swimming pool sales, service and supplies 5.0 Future Permitting. The Developer shall be required to obtain Aesthetic Review approval for Phases Two and Three, as well as building permits, as required by the Winter Springs City Code. Future permitting schedules are as established in Section 4.1 above. 6.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. The Developer further agrees and makes the following representations and warranties to the City: A. The Developer is lawfully seized of the Property in fee simple and has full and lawful authority to execute this Agreement and bind the Property as set forth herein. B. The Property is free and clear of all mortgages and liens. 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 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. DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 6of14 221 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. 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. DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 7of14 222 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 in accordance with the timelines established in Section 4.1. 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 22.0 above. If the City terminates this Agreement, the City shall record a notice of termination against the Property in the public records of Seminole County, Florida. 24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Developer hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer's contractor's and subcontractor's performance of design, permit and construction, and maintenance activities in furtherance of constructing the Project and maintaining the improvements of this Project. This indemnification shall survive the termination of this Agreement. 25.0 Force 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") DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 8of14 223 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: Chau Family Holdings III, LLC 1287 N. Semoran Boulevard Suite 200 Orlando, FL 32807-3530 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. DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 9 of 14 224 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: Charles Lacey, Mayor Date: ATTEST: By: Christian Gowan, City Cleric 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 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of (_—) physical presence or( ) online notarization, this day of , 2020, by Charles Lacey, Mayor of the City of Winter Springs, Florida, a Florida municipal corporation, on behalf of the DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 10 of 14 225 corporation, who is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Signed, sealed and delivered in the CHAU FAMILY HOLDINGS III, 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 Chau Family Holdings III, LLC, a limited liability company, on behalf of the company, who is personally known to me or produced as identification. DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page IIof14 226 (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 Chau Family Holdings III,LLC Page 12 of 14 227 EXHIBIT A PROPERTY LEGAL DESCRIPTION LEGAL DESCRIPTION - k111NTER SPRINGS MEDICAL OFFICE THAT PART OF LOTS 48 AND 49, ENTZMINGER FARMS ADDITION NO. 2, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS FROM THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434 AND THE EASTERLY RIGHT OF WAY LINE OF MOSS ROAD; RUN SOUTH 88°23'42" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434 A DISTANCE OF 999.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE. NORTHERLY AND HAVING A RADIUS OF 1330.00 FEET;THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE 343.80 FEET THROUGH A CENTRAL ANGLE OF 14°48'38°' FOR THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY ALONG THE ARC OF SAID CURVE 96.35 FEET THROUGH A CENTRAL ANGLE OF 04°09'33" TO THE POINT OF TANGENCY; THENCE RUN NORTH 72°38'37" EAST 759.88 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434, RUN SOUTH 17°21'23" EAST, 21.40 FEET; THENCE NORTH 72°38'37" EAST, 34.00 FEET; THENCE SOUTH 17°21'23" EAST, 173.60 FEET; THENCE SOUTH 32°36'44" EAST, 57.01 FEET; THENCE SOUTH 72°38°37" WEST 808.88 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1580.00 FEET, THENCE RUN WESTERLY ALONG THE ARC. OF SAID CURVE 114.46 FEET THROUGH A CENTRAL ANGLE OF 04°09'33" TO A POINT; THENCE LEAVING SAID CURVE RUN NORTH 13°12'20"WEST 250.00 FEET TO THE POINT OF BEGINNING. TOTAL AREA-CONTAINS 224,508 SQUARE FEET OR 5.1539 ACRES MORE OR LESS. DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 13 of 14 228 EXHIBIT B OVERALL MASTER SITE PLAN �i]SIiC RTQIPNM k SIkN1AC C61'MCJTC4 _ ^� ��• '� �� � �d �5 M�.siw.wnil�u'm a t r..U UNP usr - C t `t y?yo t � w.. tr�t�.► .r4``� 1_l• � 4%r a ��+ [` �.t �-�!` ��� •� rDNA[ el..an.�er ar tAN0 UK `. { ' M AESIdEnl use MUA, ZIMING rmilt . N-T i 13 use _ - �.' .. •x" 'ai f,CMMENtU4 --i �m Zp111Q �' Vi �ryr•r ter. ��� ®�®®awfr xr.�,. O Wwr.�' µa�yf• '� 5 HN#l]EVELOrR rV f li�TN '^ �^ WJTrRgmim,.Ymm ttlrl::f IFEG E P[pN cz a•t TR'[Nu+e �aY ---.— . DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III,LLC Page 14 of 14 229 • PUBLIC HEARINGS AGENDA ITEM 401 0 ,959 CITY COMMISSION I MONDAY, NOVEMBER 16, 2020 REGULAR MEETING TITLE Chau Medical Center - Aesthetic Plan Review, certain Waivers, Final Engineering Review, Specimen Tree Removal, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider Final Engineering/Site Plan Approval, Aesthetic Plan Approval for the Medical Office,Specimen Tree Removal, certain Waivers from the City Code, and Development Agreement in order to construct a Medical Office, Assisted Living Facility, and Retail building on the Property in a phased development. General Information Applicant Chau Family Holdings III, LLC (Dr. Son Chau) Property Owner(s) Chau Family Holdings III, LLC Location West of the intersection of Hacienda Drive and S.R. 434 Tract Size ±5.08 Gross Acres (Vacant) Parcel ID Number 34-20-30-5AW-0000-048A Zoning Neighborhood Commercial Districts (C-1) Designation S.R. 434 Corridor Overlay District FLUM Designation Commercial Adjacent Land Use North: East S.R. 434/ ROW South: Hacienda Village East: Commercial (Vacant) (MDR) West: Hacienda Drive/ ROW S.R. 434 Frontage Minimum 25 feet Maximum 100-feet Height C-1: Up to 50 feet S.P. 434: Up to *Five stories (*Limited to three-stories per the Development Agreement) Setbacks (C-1) Front: 25 ft. Rear: 15 ft. Side: 15 ft. 230 Development Lot Coverage: 75% Standards Development Waiver I Pending Permits Development Development Agreement I Pending Agreement Code Enforcement Not applicable City Liens Not applicable Background Data: The Community Development Department received an application from Chau Family Holdings III, LLC to construct a multi-phased development. The Chau Medical Center is the first development area proposed for construction on the ±5.08 acre site. Development Area 1,The Chau Medical Center includes a 10,190 SF structure on ±1.22 acres.This part of the development phase includes; mass grading of the entire site, master stormwater and utilities infrastructure, perimeter landscaping, and a wall located on south side of the property. Proposed future development areas will include; Development Area 2, a retail component including a 6,400 SF structure on ±1.5 acres, and Development Area 3, an Assisted Living Facility (ALF) with 114-beds a 49,380 SF structure on ±1.34 acres. The Applicant shall complete Aesthetic Review of each building, obtain building permits, and substantially commence vertical construction, which shall at minimum include building foundations, of all buildings in Phases Two and Three within five (5) years of receiving certificates of occupancy for Phase One.The entire site is master planned to facilitate the future development areas and related permitting. The total gross area for all proposed buildings is 65,970 SF. Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) ofthesubject property and all Homeowner's Associations on file with the City of Winter Springs (215 notices). A Community Workshop was held on August 13, 2019 approximately 50 persons were in attendance and there were no objections regarding the proposed use. PUBLIC HEAPINGS AGENDA ITEM 401 1 MONDAY, NOVEMBEP 16, 2020 1 PAGE 2 OF 22 231 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. PUBLIC HEAPINGS AGENDA ITEM 401 1 MONDAY, NOVEMBEP 16, 2020 1 PAGE 3 OF 22 232 Analysis:The proposed scale and intensity of the structure as depicted in the Final Engineering Plans is consistent with previously approved developments along the S.R. 434. The proposed daily hours of operation are as follows; the Chau Medical Center will be open from 9:00 a.m. until 3:00 p.m. Monday through Thursday, and 9:00 a.m. to 12:00 p.m. on Fridays.The proposed ALF's hours will require employees to be able to enter and leave the facility twenty-four (24) hours a day seven (7) days a week. . Limited retail uses allowed on the site are already determined and in turn the scale and intensity of the permitted uses will not adversely impact land in the vicinity. 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. The development is compatible and harmonious with adjacent land uses and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density,scale and intensity ofthe 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. Access to the site will be provided via a full access driveway opposite Sherry Avenue and a rig ht-in/right-out driveway on S.R.434. Site access was reviewed and approved by Seminole County Fire. The existing and future street network provides multiple options for residents to reach their desired destinations. As mentioned above, the Applicant is requesting a waiver from Winter Springs City Code Sec. 20-605(b), which will alter the width and type of plantings required in each component part of the streetscape. However, the site is large enough to accommodate the required total 27-foot streetscape. The waivers are related to accommodating existing overhead power lines and underground utilities and not related to lack of space on the property.The on-site improvements include landscaping buffers, streetscape, landscape screening for the trash receptacle, bicycle parking, and pedestrian paths to mitigate against potential adverse impacts of the proposed uses. Transportation and parking elements are discussed below. PUBLIC HEAPINGS AGENDA ITEM 401 1 MONDAY, NOVEMBEP 16, 2020 1 PAGE 4 OF 22 77 (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 medical office,ALF, and retail developments are permitted uses within the C-1 Neighborhood Commercial District and the S.R. 434 Corridor Overlay District. The development is not expected to have an adverse impact on the local economy, but to add to the economy. The medical office is expected to generate 50 new direct jobs. The ALF and retail use are proposed to also add 50 indirect jobs, such as landscapers, construction workers, etc., during the construction of the buildings. The development will also provide ad valorem taxes to the City of Winter Springs. (4) Whether the proposed site and 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. Analysis:The Applicant contracted with Terracon forthe Geo Technical Report and Bio-Tech Consulting, Inc. for the Environmental Report.The reports did not identify adverse impacts on the natural environment. The total gross area for all proposed buildings is 65,970 SF and the maximum impervious cover proposed for the site is 48.67%, the maximum impervious cover allowed is 75%. The Applicant is maintaining an ample amount of open space on-site by not building up to the maximum allowed impervious of 75%. At this time, a noise study to analyze proposed noise levels for a medical office (Development Area 1) is not required by the City, as the hours of operation are daytime hours and will emit low noise levels. The ALF (Development Area 3) also will emit low noise levels, as this use will provide services for elder care communities, home care providers, families and businesses who tend to serve older adults. The City Engineer has determined that the site is not located within a flood plain,the proposed building/lot lies in Zone "X," based on Flood Insurance Rate Map No. 121170160F, Community No. 120295, City of Winter Springs, Seminole County, Florida. According to the FIRM panel legend -Zone X is for areas that are determined to be outside the 0.2% annual chance floodplain.The stormwater collection system and retention pond are designed to meet the SJRWMD and City of Winter Springs criteria for storm event attenuation and treatment. The pond overflows into Hacienda Drive and into the open grate of the existing stormwater collection system and ultimately discharges into Gee Creek and Lake Jesup. PUBLIC HEAPINGS AGENDA ITEM 401 1 MONDAY, NOVEMBEP 16, 2020 1 PAGE 5 OF 22 234 The Applicant has requested the removal of two out of four specimen trees located on the subject site. The request is addressed separately below. The Applicant desires to remove 1,228 credits of trees and proposes to preserve 90 credits worth of trees, requiring the replacement of 1,138 credits of trees. Development Area I will include the 769 credits and the remaining 150 credits will be planted during future Development Area 2 and Development Area 3. The outstanding balance owned to the City shall be 219 credits, which cannot be replaced onsite. Therefore, in accordance with Ordinance 03-2020, a $65,700 tree bank mitigation payment will be required from the applicant. (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: 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. Analysis: 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. PUBLIC HEAPINGS AGENDA ITEM 401 1 MONDAY, NOVEMBEP 16, 2020 1 PAGE 6 OF 22 235 Analysis:The proposed development is not anticipated to have an adverse impact on housing and social conditions, as the proposed uses include a medical office, ALF, and retail use. (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 property.There is adequate shared parking, lighting, and refuse collection, within the development. (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: The Applicant has indicated that alarm systems will be installed inside the medical office. In addition,there will be a Security guard on-site after the future ALF is developed. Security measures will be in place and discussed for the future development of the future retail component. (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. (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. Analysis: The Final Engineering Plans, in conjunction with the Development Agreement, prevent adverse impacts. Primarily, the Development Agreement and Plans include enhanced streetscape along S.R. 434 to and ensure the passage of open space to the development. AGENDAPUBLIC HEAPINGS ITEM 401 1 MONDAY, 236 (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. Proposed Layout• The Final Engineering Plan proposes a medical office consisting of one three-story building The Final Engineering Plan for the site proposes to construct a multi- phased development starting with Development Area 1, which includes a three- story (maximum) Medical Office Building (10,190 SF) (Area 1) on ±1.22 acres, mass grading of the entire site, master stormwater, utilities infrastructure, perimeter landscaping, and a wall on south side. Proposed future developments will include Development Area 2, a three-story (maximum) Retail Center (6,400 SF) (Area 2) on ±1.25 acres and Development Area 3 a three-story (maximum) Assisted Living Facility, 114-beds (49,380 SF) on ±1.34 acres. Site Amenities: The master stormwater pond is a multi-use amenity which provides a fountain and walking trail thus enhancing aesthetic value to the site and the surrounding community. Water and Sewer• Water service is available from the City's eight (8) inch water main in the S.R. 434 right-of-way. The development is connecting to the City's sanitary sewer collection system in Hacienda Drive. The City's water and wastewater systems and treatment plants have capacity to serve this commercial development. Stormwater• The Chau Medical Center will have its own onsite stormwater collection system and retention pond which will overflow to the stormwater collection system located within Hacienda Drive. PUBLIC HEAPINGS AGENDA ITEM 401 1 MONDAY, NOVEMBEP 16, 2020 1 PAGE 8 OF 22 237