HomeMy WebLinkAbout2005 04 25 Public Hearing 400, Aesthetic review of Tuscawill Town Square
COMMISSION AGENDA
ITEM 400
Consent
Informational
Public Hearing X
Regular
April 25, 2005
Meeting
MGR.
IDEPT
Authorizatio
REQUEST:
The Community Development Department- Planning Division requests the City Commission hold a
Public Hearing for the aesthetic review of Tuscawilla Town Square (which includes Tuscany Restaurant)
located at 1301 Winter Springs Blvd. at Northern Way and Gary Hillery Drive.
PURPOSE: To encourage creative, effective, and flexible architectural standards and cohesive
community development consistent with the intent and purpose of Article XI - Minimum
Community Appearance and Aesthetic Review Standards.
APPLICABLE LAW AND PUBLIC POLICY:
Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs
Section 9-601. Approval prerequisite for permits.
Section 9-605. Submittal requirements.
City of Winter Springs Code of Ordinances Section 16-78. Same- On-premises signs.
CHRONOLOGY:
Jan. 26,2004- City Commission adopted Ordinance 2003-43, establishing minimum community appearance
and aesthetic review.
Nov. 22,2004- Concept Plan Approved by the City Commission
Dec. 13,2004- Development Agreement approved by the City Commission
Feb. 28, 2005- City Commission approved the Tuscawilla Square Final Engineering plans.
CONSIDERATIONS:
The submittal requirements for aesthetic review are set forth in Section 9-605 and include the
~
April 25, 2005
PUBLIC HEARING ITEM 400
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following: (a) a site plan; (b) elevations illustrating all sides of structures facing public streets or
spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of
height and their associated materials; (d) elevation of proposed exterior permanent signs or other
constructed elements other than habitable space, if any; ( e) illustrations of materials, texture, and
colors to be used on all buildings, accessory structures, exterior signs; and (f) other
architectural and engineering data as may be required. The procedures for review and approval are
set forth in Section 9-603.
The City Commission may approve, approve with conditions, or disapprove the application only
after consideration of whether the following criteria have been satisfied:
(1) The plans and specifications of the proposed project indicate that the setting, landscaping,
proportions, materials, colors, textures, scale, unity, balance, rhythm, contrast, and simplicity are
coordinated in a harmonious manner relevant to the particular proposal, surrounding area and
cultural character of the community.
The project is located within the Tuscawilla PUD on Winter Springs Blvd at Northern Way and Gary
Hillery Dr. The buildings will all be single-story and will face inward to the courtyard with the rear of
the buildings facing Winter Springs Boulevard and Gary Hillery Drive.
The building setbacks were determined by Developer's Agreement and are:
Front Setback along Winter Springs Blvd. 10-feet
Rear setback along Gary Hillery Dr. 5-feet
Side yard setback 20-feet
Because the setbacks were reduced from what Section 6-86 of the Code stipulates, the architecture
and the detailing of the buildings become prominent features along the adjacent roads. This
prominence is an asset to retail buildings. It can also be an asset to the community if the buildings
are well designed and detailed; However, if the buildings are not carefully detailed, screening is
more difficult since there is less setback.
Tuscawilla Town Square has been consistently presented throughout the review process as an upscale
commercial center for the Tuscawilla community. The Concept Plans approved November 22,2004 and the
Development Agreement approved on December 13, 2005 included graphics and text indicating an
enhanced landscape package (including a courtyard fountain feature aligned with the brick entrance drive
flanked by planters and gardens, benches and bike parking) and a community of buildings with a Key West
style architecture.
The new buildings will be coordinated in a harmonious manner with similar styling and architecture. The
Key West architectural style as approved included features such as standing seam metal roofs, roof
cupolas, covered porches with railings wrapping around the building, and bahama shutters. The concept
plan elevation also included doors and windows with mullions (slender dividing strips that divide a window
into panels as opposed to undivided plate glass), window transom over doors, and the building foundation
faced with stone.
Although the residences and commercial buildings surrounding the project, do not portray a Key West
styling, this theme was approved as a graphic attachment to the Development Agreement. Although the
theme of the new development will be carried into the new construction, the Applicant has not addressed
how the existing Tuscany's Restaurant will be converted to fit this theme. Tuscany's Restaurant currently
has a green asphalt roof, with stucco and wood siding. It is very much in contrast to the proposed
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PUBLIC HEARING ITEM 400
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development and it is a concern as to how this existina buildina will be phased into the thematic Key West
architectural style.
(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.
No additional development has been proposed 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,
(C) Other significant features of design such as, but not limited to: materials, roof line,
hardscape improvements, and height or design elements.
Although the Key West styling is dissimilar to the surrounding residential and commercial buildings,
the use of stucco is not. Stucco is heavily used as a material in the surrounding buildings which are
painted in warm neutral colors with highlights of stone facing. The predominant roofing material is
tan asphalt shingles. Tuscany's restaurant is the only building with a green roof. The contrast of
the tan asphalt roofs with the Key west style standing seam roofs will not be so great as to be a
detriment to the community. The introduction of a new material will enliven the corner and enhance
the neighborhood.
The proposed buildings are one-story with cupolas. This scale fits well into the neighborhood.
In addition, the final engineering plans include saving many of the trees on the site. This helps tie
the development to the existing community which is known for its tree canopy.
(4) The plans for the proposed project are in harmony with, or significantly enhance, the
established character of other buildings, structures or signs in the surrounding area with respect to
architectural specifications and design features deemed significant based upon commonly accepted
architectural principles of the local community.
The new construction and enhanced detailing is expected to be an asset to the 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. Towne Center
guidelines, SR 434 design specifications) and other applicable federal state or local laws.
The project as originally submitted is extremely attractive. The more recent elevations are a
substantial deviation from the original submittal. (See (6) below.)
The Development Agreement states, "Developer shall have the obligation to construct aesthetic
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PUBLIC HEARING ITEM 400
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enhancements to the Project as depicted on the Concept Plan and as may be reasonably requested
by the City in accordance with the City Code, particularly the City's aesthetic review ordinance...
Further, the elevations and roof lines depicted in the Concept Plan for the commercial building will
have to be adjusted to the city's satisfaction in order to satisfy the requirements under the City's
aesthetic review ordinance." (see "3(a) Approval of Site Plan" on page 2 & 3 of Developer's
Agreement).
(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.
A four (4) foot decorative brick wall will be built along the parking area abutting Northern Way as
stipulated in the Development Agreement. The screen wall has a 2-foot cultured stone veneer base
and is very attractive.
A masonry block decorative wall will enclose the garbage dumpsters. During Final Engineering
approval, the Applicant agreed to buffer the kitchen operations at Tuscany's restaurant. No
elevations were included of this wall.
The buildina elevations submitted for the Aesthetic Review do NOT include the same detailina as
presented on the Concept Plan Elevations.
· Windows, doors and transoms are plate glass with no mullions (dividers).
· Porches are limited to the entrances and do not wrap around the building.
· Side shutters are added but are not sized adequately for the size of the windows. (No side
shutters are included on the Concept Plan elevation).
· Bahama shutters are included on both elevations, but there are fewer included on the recent
elevations.
· Stone flanks the base of the columns but the foundation no longer is faced in stone and is
painted stucco or concrete.
The proposed color theme of the buildings are grey and white as noted on the drawings. Although
the drawings are rendered in a color more similar to the Concept Plan and to the surrounding
buildings, many Key West buildings are grey and white. The addition of the other aforementioned
detailing provides enough warmth and character to the building should the applicant wish to
proceed with the grey and white color theme.
No elevation of the fountain or the mail kiosk is included nor the decorative concrete screening
walls for the condenser units along Gary Hillery Dr. These items also need Commission Aesthetic
Review approval.
No upgrades to the existing Tuscany's Restaurant Building are proposed, except for the addition of
some decking. The applicant needs to address how this existina buildina will be phased into the
thematic stylina of the rest of the development.
The Development Agreement does not address signage. Therefore, the Applicant must abide by
Section 16-78, unless the Development Agreement is amended. Section 16-78 allows for the
following:
· An on-premise building sign with a total copy area of one (1) square foot for each lineal foot of
store frontage. For Building One this equates to 166 square feet; for Building Two this equates to
102 square feet. The applicant is proposing eiaht projecting tenant signs (Building One) with 15
square feet of copy area (each), totaling 120 SQuare feet rather than the allowed 102 square feet. The
applicant is proposing twelve projecting tenant signs (Building Two) with 15 square feet of copy
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PUBLIC HEARING ITEM 400
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area (each), totaling 180 SQuare feet rather than the allowed 166 square feet.
· An on premise (monument) sign with a total copy area of 32 square feet for each side. The code
does not address (in Section 16-78) multiple tenants or multiple signs. The applicant is proposing
two entry signs with a copy area of 16 square feet for each single faced sign. In addition, the
Tuscany Restaurant sign is proposed to remain.
Although the development is surrounded by streets on all sides, the Applicant is seeking to have
monument signage only at the Winter Springs Blvd. entrance to the development.
FINDINGS:
· The proposed building elevations are inconsistent with the Development Agreement because they
do not reflect the level of detailing included in the Concept elevation.
· The development will be an asset to the community and particularly to the Tuscawilla area with
the addition of new commercial buildings, IF the detailing of the buildings is enhanced to be in
compliance with the Development Agreement.
· The new buildings utilize colors and materials that fit in with the adjacent existing and proposed
structures.
.
The proposed signage does not comply with Code (Section 16-78). Ifthe Commission supports the
Applicant's request, the Development Agreement will need to be amended to address the waiver
from Code.
STAFF RECOMMENDATION:
Staff Review found the Applicant's request for aesthetic review, NOT in compliance; However, the
Applicant wanted to proceed with the Public Hearing before the Commission.
Staff recommends DENIAL of the Applicant's request for Aesthetic Review Approval, based on the
submitted materials.
ATTACHMENTS:
A Minutes from City Commission meeting of February 28,2005.
B. Development Agreement with Approved Concept Elevation
C. Site Plan & Building Elevations with Signage
Monument Sign, Dumpster Enclosure and Screen Wall
COMMISSION ACTION:
April 25, 2005
PUBLIC HEARING ITEM 400
Page 6 of 11
ATTACHMENT A
Minutes from City Commission meeting of February 28, 2005
CITY OF \V:c\TER SPR:c\GS.. FLORIDA
IvHNUTES
CITY CO'II\HSSION
REGCLAR ~/[EETTh-G
FEBRUARY 28. 2005
REGrLAR AGE:\"DA
REG1'L\R
500. Community Development Department - PI,mning Diyislon
Requests Tbe City Commission Approve Tbe Final Engiuf'eringiSite Plan For The
1.4112 Acre Tuscawilla Town Square ("'hidl Includes Tuscany Restaurant)
Located At 1301 "'inter Springs Bouleyard At Xorthern ,,- ay And Gary Hillery
D rlye.
:\:1s. Sahlstrom spoke on this Agenda Item and noted. '-TIllS is to approve two C~)
additional buildings - actually it three (3)"
\Vith discussion, ]Vis. Sahlstrom noted that re,garding the four foot (4') decoratrve \Van -
--That \vall does obscure the parking area - it does not go around the entire lot."
lvIf'. Gary Hillel)',. 1220 Winter Springs Boulel'Ol'd., iVi.l1rer Springs, Florida: noted his
comments reQardinQ the four foot fA') wall.
,,-.,' ,-," .. -
Deputy rvlayor Blake said....On Gary Hillery Dri,'e.. putting in parking all along both
edges or one edge?" l\/lanager 1\'1cLemore smeL''! thought it was both sides
Next. Deputy :-..:1ayor Blake then smd to 1\11'. Lockcuff ..\\re have two things we have to
talk about on that - first off is \vhether or not it is legal to park there. I kno\y the Town
Center we have - and some language in the Code \vhereby it actually supersedes our
other Code if it is not silent. but over here.. I tlunk 12-65. \vould prohibit parking on the
roachvay - on the right-of-way in that area 50 we would have to do somethl1lg about that.
Just as a housekeeping Issue g0l1lg forward.
Deputy :-..:1ayor Blake then said. '1\Iy concern over and above that hO\vever 1S \yhat
contribution the City would be making to pro'vide parking for a pnvate business
venture'?" Deputy 1\'1<:\)'01' BLake further asked, "This hundred and tlfry,r thousand dollars
($150.000.00) includes pm'king') Or is it just the 1'Oa(1\\'a1' improvements and parking is
bemg pIcked up by the De'i'eloperY
April 25, 2005
PUBLIC HEARING ITEM 400
Page 7 of 11
erTY OF WL'ITER SPRI:JGS. FLOPJDA
~,fI:\;lJTE S
ern' cmllIISSIO:X
REGlJLAR MEETL'\TG - FEBREARY 2S, 2C'C5
PAGE 13 OF n
?.lanager McLemore re5ponded. "1 believe that that IS for the full con5truction of the
road Deputy r-.Iayor Blake then asked."lncIudmg the parkmg'Y' r.ilanager tVlcLemore
Stud. "lncIudmg the parkmg nght - mcluding a portion of the roachvay surface. Deputy
?.hyor Blake smd'HO'Iv mnch extra is it with the park1l1g on it. as opposed to not placmg
the parking on it - do you have a cost differential:" ?vIanager McLemore noted. "I am
sure we could get to it."
A1r, Alec SiTIng, :} 15 Rolling lVood Trail, Ahamon!e Springs, Florida: addressed the CIty
Comlll1Ssion and stated. 'We w11l be QettmQ three en finn bids on the roadway and It will
'-.' 1_.: .. " J
be broken down mto sections 1l1clucling the parkmg the outt~1ll - and if s probably gomg
to be pushin,g 150 to do the \"hole thing MI'. Stnng added. ..It \"ill potentially be more
than 150 to do the road, the parkmg. the retention and the outfalL
Regard1l1g the v,alL Mr String remarked. "There \"ere two things that the COmmUll1ty
askecl for - one was to move the dumpster to the 7-11 '\vluch we did - moved it ,n-vay
tl'om the residential house, from the resldenhal area and also buIld a four foot (4') wan to
slueld the 11ghts. 'We did that. That is the extent of the walL Don t forget. 'lye are going
to be doing an bnck - there IS no asphalt on this property all the dri\"1ng surfaces IS
bnck - the roofs are made out of metal. \Ve re domg a lot of other things that are gomg
to elevate the look of tlus.. rather than walhng it in So. we can't do evt'ryt1ung but I think
the wall was a reasonable fIX to MI'. [Gary] H11lery's concern.
?.'layor Bush saId to Mr. String. "You are saying the wall that you proposed actually
slue Ids the 11ghts from MI'. [Garv] Hillerv's home"-- ?.Ir StnnQ stated, Absolutelv and
... .' -' ....., ..<
that was done based on a concem thatMr. [Clary] Hillery brought up 1ll front of the
CommISSIon Deputy I\.layor Blake said. "1 don't tlunk that was here MI'. String said,
"Okay. He certalllly brought It up to me that there was nvo concerns and thats the
onlv two concems I've heard fi'om the residents of Tnscawilla One ,vas the
dumpster. and fWO was the four foot (4') wall. And they're both on the plan.--
DI',cussion.
COllul11ssioner Krebs referenced Attachment "B' - there was a conversation that we had
had regardmg planting 01' Improvements along the retention pOllCL again on the 7-11 and
if )'ou look In the next paragraph. 'Mr String stated.. Absolutely And you WIll see that
on - Landscaping Plans and the final Engineering'. Ms. Sah15t1'Om explamed. '-The City
,vould be preparing those documents" Mr Lockcuff added, "\Ve hoped to bnng it back
to the TLBD [Tuscawilla L1ght1llg and Beautification D1stnct] since it IS contiguous to
theIr llnp1'O\'ements--
DIscussion.
Ms Sahlstrom said."If vou 1ll fact do \vant the wall to extend arouncl. it wIll have a
SIgnifIcant impact on the eXisting trees that currently ~vlI'. String is intending to save'
April 25, 2005
PUBLIC HEARING ITEM 400
Page 8 of 11
CITY OF WI:-.T1::R SPRr-.JGS.FLORIDA
Mr-.JUTES
Cln" COJ\f.\llSSIO:\'
P..EGUl..\R :\lEETL'\lG - FEBRU.;J,RY 28. 2005
PAGE 14 OF n
ComInlSsiol1E'l' IVkGl1lll1S sfud.""I am qUItE' comfortable '.nth the \.vall that IS only ill place
\'."here it would impact the residents""
"I ~IOYE THAT THE WALL O~L Y BE AS PRESE~TED TO US TONIGHT, IN
THOSE AREAS ""HERE IT "'OVLD ONLY IMPACT THE NEIGHBORS AND
NOT BE A~ E~TIREL Y 'VALLED PROJECT." MOTIO~ BY
CO:\IMISSIONER McGI~NIS.
DEPUTY MAYOR BLAKE SAID, "SO THERE 'VOrLD BE NINETY FEET (90')
OF "VALL TOTAL - NI~ETY FEET (90') OF FOCR FEET (4') HIGH 'VALL; IT
'YOrLD BE LOCATED AS IT IS SHO'Y~ ON THE PLA~ ALO~G THE
WESTERLY BOCNDARY I~ FRONT OF THOSE NI~E (9) PARKI~G SPACES,
ONL Y - NO"THERE ELSE." CO:\I~IISSIONER :M(GIN~IS ADDED, "ONLY
AS PRESENTED TO VS ON OUR PLASS."
THEN, DEPUTY :\IA YOR BLAKE SAID, "IT WOULD HA YE THAT NINETY
FEET (90') OF 'VALL RIGHT THERE, THAT I AM SHO'VING 'YHICH IS 0:-"-
THE "-ESTERN EDGE, IN FRONT OF THE PARKING SPACES THAT FACE
NORTHERN 'VA Y ONLY. THERE WOrLD BE ~o 'VALL CONSTRUCTED
ANY PLACE ELSE O~ THE PROPERTY EXCEPT FOR SCRROUNDI:.\'G THE
DUMPSTER AS REQUIRED BY CODE, THERE \VOULD BE NO OTHER
""ALL OF ANY HEIGHT."
SECONDED BY DEPUTY :\IA YOR BLAKE. DISCTSSION,
Tape 2 Side B
FURTHER DISCeSSION.
DEPrTY :\IAYOR BLAKE SAID TO :\IR. STRI:.\'G, "IS THERE ANY
POSSIBILITY OF HAVING SOME KI:.\'D OF A WALL EXTENDED DOW:.\'
THIS 'VAY TO KEEP SOME OF THOSE BACK-DOOR KITCHEN ACTIVITIES
A LITTLE CLOSER TO THE OPERATION?" ~IR. STRING SAID, "WE
COeLD POSSIBLY PUT A :\IASONRY \VALL THERE, INSTEAD OF A
FENCED 'VALL."
DEPUTYI\IA YOR BLAKE THEN ADDED, "IF THERE IS SO~lE ""AY TO TRY
AND BUFFER THE OPERATIONS - OF THE KITCHEN 'VHICH 'VE ALL
'VILL PROBABLY AGREE IS NOT THE PRL\IEST OF REAL ESTATE, THEN I
THINK THAT 'YOCLD PROBABLY REDUCE SOME OF THE BIPACT FOR
HIM." MR. STRI:.\'G, "I WOULD AGREE TO THAT IF YOU HAYE A
SUGGESTION O~ HO'V 'YE coeLD DO THA T."
April 25, 2005
PUBLIC HEARING ITEM 400
Page 9 of 11
CITY OF WTh'TER SPRr.\fGS. FLORIDA
MDIUTES
CIn' COMl\lISSION
P..EGu'L."R t.,IEETI'{G - FEBRCARY 28. 2005
PAGE 15 OF 17
"I \VOCLD LIKE TO l\IAKE AN Al\IENDl\IENT TO THE l\IOTION TO
INCLVDE ADDITIONAL BCFFERING 01\- THE ""EST SIDE OF THE
TVSCANY'S RESTACRANT OPERATION AS WAS DISCTSSED." DEPVTY
l\IAYOR BLAKE ADDED, "AN ATTEMPT TO DO SOl\IETHING TO PROVIDE
l\IORE OF A BVFFER FROl\I THE OPERATIONS FOR THE ADJOINING
RESIDENCES THAN CTRRENTL Y EXIST," Al\IENDl\IENT TO THE l\IOTION
BY DEPCTY l\IA YOR BLAKE. SECONDED BY COl\Il\IISSIONER KREBS.
DISCVSSION,
VOTE: (Ol\'" THE AMEl\'"Dl\IE;\H)
DEPVTY l\IAYOR BLAKE: AYE
COl\Il\IISSIONER GILl\IORE : AYE
COl\Il\IlSSIONER KREBS: AYE
COl\Il\IISSIONER l\IcGIl\'":\'IS: AYE
l\IOTION CARRIED.
VOTE: (Ol\'" THE l\IAIl\'" l\IOTIO:\', AS Al\IE:\'DED)
COl\Il\IISSIO:\'ER GILl\IORE : AYE
COl\Il\IISSIOl\'"ER l\IcGI1\:\'IS: AYE
DEPVTY l\IAYOR BLAKE: AYE
COl\Il\IISSI01\ER KREBS: AYE
l\IOTION CARRIED.
April 25, 2005
PUBLIC HEARING ITEM 400
Page 10 of 11
ATTACHMENT B
Development Agreement with Approved Concept Elevation
. ,
TillS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (the "Agreement") is made and
executed this day of , 2004, by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R, 434,
Winter Springs, Florida 32708, and BRYCE FOSTER CORPORATION., a Florida
Corporation ("Developer"), whose address is 215 Rollingwood Trail, Altamonte Springs,
Florida 32714.
WIT N E SSE T H:
WHEREAS, Developer is the fee simple owner of certain real property currently located
in the City of Winter Springs, Florida and within the Tuskawilla PUD and more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the parties acknowledge that the Property is currently subject to a Court
Settlement Agreement which is recorded in Official Record Book 2277, Page 0464 in the
Seminole County public records ("Settlement Agreement"); and
WHEREAS, the City and Developer acknowledge that the Settlement Agreement was
entered into before the Developer purchased the Property and that Developer has inherited the
rights provided under the Settlement Agreement by virtue of purchasing the Property; and
WHEREAS, in accordance with that Settlement Agreement, Developer is permitted to
develop certain enumerated commercial uses; and
WHEREAS, notwithstanding the exhaustive list of permitted commercial uses contained
in the Settlement Agreement, Developer acknowledges and agrees that some of the listed
commercial uses are not in keeping with the residential character of the Tuskawilla PUD; and
, '
WHEREAS, Developer strongly desires to develop a "residential friendly" project on the
Property that is keeping in the character of the residential character of the Tuskawilla PUD; and
WHEREAS, in order to commit to this "residential friendly" Project, the Developer is
willing to voluntarily and forever forego certain rights under the Settlement Agreement by
reducing the list of permitted commercial uses and thereby protecting the residential character of
the Tuskawilla PUD; and
WHEREAS, the City is willing to permit a "residential friendly" project on the Property
under the special terms and conditions set forth herein including, but not limited to, Developer's
commitment to forego certain rights under the Settlement Agreement and Developer's
commitment to respect, safeguard and preserve the residential character of the Tuskawilla PUD;
and
WHEREAS, the City and Developer desire to set forth the following special terms and
conditions with respect to the development and redevelopment of the Property; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2, Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Oblif!ations and Commitments. In consideration of the City and Developer
entering into this Agreement, and as an inducement for Developer to voluntarily and forego
certain rights under the Settlement Agreement, the City and Developer hereby agree as follows:
(a) Approval of Concept Plan. Developer shall design, permit and construct
a "residential friendly" commercial development on the Property that creates a sense of
place within the Tuscawilla PUD. The "residential friendly" commercial development
shall be called the "Tuscawilla Town Square" or some other name mutually acceptable to
the Developer and the City. Developer acknowledges that aesthetic enhancements will be
a paramount concern to the City and the residents of the Tuscawilla PUD; and as such,
Developer agrees to reasonably and adequately address these concerns during the design
and construction of the Project. The City hereby acknowledges and agrees that the
concept plan, which is attached hereto and fully incorporated herein as Exhibit "B". is
acceptable ("Concept Plan"); provided, however, Developer shall have the obligation to
further submit and obtain the City's approval of a final site plan and final engineering
plans. Developer shall also have the obligation to construct aesthetic enhancements to
the Project as depicted in the Concept Plan and as may be reasonably requested by the
City in accordance with the City Code, particularly the City's aesthetic review ordinance.
Developer acknowledges and agrees that the Concept Plan was not prepared with specific
surveyed dimensions and that during the final site plan and final engineering process such
dimensions shall be surveyed, duly engineered, and provided to the City. Further, the
elevations and roof lines depicted in the Concept Plan for the commercial buildings will
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
- 2 -
have to be adjusted to the City's satisfaction in order to satisfy the requirements under the
City's aesthetic review ordinance. As such, Developer and the City agree that the
Concept Plan is intended to be conceptual in nature and subject to reasonable adjustments
at the final site plan and final engineering phase in order to bring the Project into
compliance with the City Code and the needs of the Tuscawilla POD.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Concept Plan, Developer
acknowledges and agrees that offsite improvements may be necessary, at Developer's
cost, to provide water and sewer service to the Property including, but not limited to,
force main, lift station and pump upgrades. Further, all water and sewer improvements
required on-site to service the Property shall be at Developer's expense.
(c) Gary Hillary Drive. In order to facilitate the safe, efficient and orderly
flow of traffic to and from the Project and to create a sense of place, the City desires that
Gary Hillary Drive be redesigned and reconstructed in accordance with the streetscape
plan which is attached hereto and fully incorporated herein as Exhibit "C." ("Streetscape
Plan). Developer agrees to design and reconstruct Gary Hillary Drive in accordance
with the Streetscape Plan; provided, however, the City shall reimburse Developer for the
reasonable costs thereof. However, the Developer's obligation to reconstruct Gary Hillary
Drive is subject to the funding condition provided in the last paragraph of this subsection
(c). For purposes of this Agreement, (i) the design costs shall include the costs and
expenses of land surveying, civil engineering, landscape architecture, irrigation design,
electrical engineering and lighting design, and (ii) the construction costs shall include the
costs and expenses for clearing, grubbing and earth excavation, and for the constructioll
of all storm drainage facilities, Progress Energy approved decorative street lights,
landscaping, hardscape, irrigation, sidewalks, curbs, pavement, striping, signage and any
required additional offsite improvements directly related to the reconstruction of Gary
Hillary Drive (all of the foregoing costs and expenses are hereinafter collectively referred
to as the "Roadway Expenses"). To the extent any of the Roadway Expenses also benefit
other aspects of the Project not related to Gary Hillary Drive (e,g" stormwater
improvements for the buildings and common areas), the City shall only be responsible for
reimbursing the proportionate share of the particular expense related to Gary Hillary
Drive. The City shall reimburse Developer in the amount of the Roadway Expenses
within ninety (90) days after the reconstruction of Gary Hillary Drive has been completed
and accepted by the City.
Developer agrees that all Roadway Expenses shall be subject to an informal
competitive bid process under which Developer shall obtain three (3) written quotes or
bids, Each bid shall be submitted to the City for review and approval prior to Developer
entering into any contract for the design, permitting and reconstruction of Gary Hillary
Road. Developer further agrees that at the time reimbursement for any Roadway
Expense is requested, Developer shall provide the City with a copy of all applicable
invoices, receipts, warranties, maintenance bonds, and documentation, including all
change orders, which shall clearly evidence each reimbursable Roadway Expense, The
City shall not be responsible for reimbursing any Roadway Expense which can not be
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
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, '
properly and reasonably documented in writing. The City shall not unreasonably
withhold any approvals required under this paragraph.
Although it is initially contemplated by the parties that the reconstruction of Gary
Hillary Drive will occur within the existing city right-of-way, Developer agrees to
convey to the City any additional land that may be necessary to reconstruct Gary Hillary
Drive in accordance with the Streetscape Plan. All such land conveyances shall be by
warranty deed and free and clear of all encumbrances. Conveyance of roadway and
streetscape improvements shall be by bill of sale and free and clear of all liens, The
warranty deed and bill of sale shall be in a form acceptable to the City Attorney,
The City and Developer acknowledge and agree that the reconstruction of Gary
Hillary Drive will likely coincide with a hazardous waste remediation project that will be
performed by Seminole County. The hazardous waste project is the result of a gasoline
spill at the 7-11 convenience store several years ago. The gasoline spill affected the area
surrounding the 7-11 store, including Gary Hillary Drive. The parties shall continue
cooperation with each other and Seminole County to facilitate the implementation of the
hazardous waste remediation project.
In the event the City is not in a position to approve the funding of Gary Hillary
Drive within thirty (30) days from the effective date of this Agreement, the Developer
may proceed with the project as outlined in this Development Agreement and Developer
shall still have the use of Gary Hillary Drive for parallel parking and said parking shall be
applicable to the parking required for Tuskawilla Town Square. In said event, Developer
shall fund the cost necessary to create said parking and only design the improvements to
Gary Hillary Drive as provided herein. If at a later date the City approves the
improvements and funding for the construction of Gary Hillary Drive, Developer agrees
that it shall undertake the construction of Gary Hillary Drive as provided herein so long
as construction of Tuscawilla Town Square is still ongoing.
(d) Construction of Stormwater Improvements. Developer shall design the
Project to accommodate the stormwater requirements for the Property, including the
roadway improvements to Gary Hillary Drive. The City shall permit Developer to use
existing City property located at the corner of Gary Hillary Drive and Winter Springs
Boulevard to accommodate stormwater generated from Gary Hillary Drive and the
Property, provided said use is deemed acceptable and feasible by the City. Developer
shall provide any additional property that is necessary to accommodate stormwater
generated from the Property.
(e) Permitted Commercial Uses. In consideration of the significant
and substantial development rights received by the Developer from the City under this
Agreement, Developer hereby agrees to voluntarily and forever forego the right to use the
Property for any of the commercial uses listed on Exhibit B of the Settlement Agreement.
However, at such time this Agreement is recorded in the public records of Seminole
County, Florida, Developer shall be permitted to use the Property for any of the
neighborhood friendly commercial uses specifically listed on Exhibit "C" which is
attached hereto and fully incorporated herein by this reference, It is the intent and
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
- 4 -
purpose of this paragraph to fully replace Exhibit "B" of the Settlement Agreement with
Exhibit "C" of this Agreement.
(f) Winter Sprin2s Boulevard In2ress and E2ress. The Developer
acknowledges and agrees that during the site plan and final engineering phase of the
Project, the City may require that the ingress and egress to the Property from Winter
Springs Boulevard to be one way in or out. The minimum driveway width for ingress
and egress shall be twenty-two (22) feet.
(g) Buildin2 Setbacks. The following Building Setbacks shall apply to the
Property:
(1) Front (Winter Springs Boulevard) - 10 Feet
(2) Rear (Gary Hillary Drive) - 5 Feet
(3) Side (Northern Way) - 20 Feet
(h) Development Permit Fees. Developer agrees to pay all ordinary and
customary development permit fees imposed by the City including, but not limited to,
application, building, and impact fees. Within thirty (30) days of the effective date of this
Agreement, the Developer and City agree to meet to calculate an estimated schedule of
fees based on Developer's proposed Project at the time of the meeting.
(i) Tree Replacement. Developer shall comply with the City's Arbor
Ordinance set forth in Chapter 5 of the City Code. The Developer acknowledges and
agrees that to the extent that the City's arborist determines that the Property can not
adequately sustain the number of replacement trees that are required on the Property
under the City Code, Developer shall provide the trees to the City and the City will plant
the trees off-site at its discretion. In accordance with Section 5-8 of the Winter Springs
Code, the City Commission agrees that no more than three (3) Specimen Trees may be
removed from the Property due to Developer's representation that such trees must be
removed in order to complete the Project. An inch for inch tree replacement shall be
required for the removal of said Specimen Trees. The Specimen Trees may be removed
at such time the City issues the appropriate permit, but not prior to such time that the
termination rights set forth in paragraph 20 have expired.
G)
length,
On-Site Parkin2. On-site parking shall be a minimum of 18 feet in
(k) Northern Way Buffer. Developer agrees, at its cost, to design, permit
and construct a masonry block decorative wall around the garbage dumpsters. Further
Developer agrees, at its cost, to design, permit, and construct a four (4) foot decorative
brick wall along the parking area abutting Northern Way.
4. 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
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
- 5 -
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Developer and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terms and conditions of this Agreement.
5. Successors and Assiens. 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.
6. Applicable Law. This Agreement shall be governed by and construed III
accordance with the laws of the State of Florida,
7. 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.
8. Entire Aereement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Developer as to the subject
matter hereof.
9. Severability. If any provision of this Agreement shall beheld 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.
10. Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
11. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
12. 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.
13. Sovereien Immunity. 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 any
other limitation on the City's potential liability under the state and federal law,
14. 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.
15, 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.
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
- 6 -
16. Third-Partv Rif!hts. 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.
17. 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.
18. Attornev's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
19. 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. 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 Qr
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Developer is in breach of any term and condition of this Agreement.
20, Termination. The parties acknowledge and agree that Developer's obligations to
complete the Project are subject to and contingent upon the City's approval and issuance of all
permits required and necessary for Developer to construct Tuscawilla Town Square including
any off site improvements. Further, the Agreement is subject to the mutual agreement of the
Parties on the cost schedules and allocation of costs contemplated in paragraphs 3(b), 3(c) and
3(d). If the Project (including off site improvements) and the cost schedules and allocation of
costs as referenced above are not acceptable to either party, then either party may terminate this
Agreement and the Settlement Agreement shall remain in full force and effect and govern the
Development of the Property. Further, Developer shall lose any and all rights under this
Agreement. Upon issuance of all City approvals and permits required to commence
development of the Project, and the parties agreeing to the allocation of costs, the termination
rights under this paragraph shall expire.
[SIGNATURES FOLLOW ON NEXT PAGE]
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
- 7 -
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written,
CITY OF WINTE~SPRINGS
j~
. Bush, Mayor
~..;.-;?
enzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
CITY SEAL
Dated:
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
- 8 -
Signed, sealed and delivered in the
presence ofthe following witnesses:
BRYCE FOSTER CORPORATION, a Florida
Corporation ----.,
Signature of Witness
A/JVDrt
Printed Name of Witness
By:
'~QAI.j, k~,
Signature of Witness
fYlltf~ J .PI fI/ J t{ ;~
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF ~
The foregoing instrument was acknowledged before me this ~ day of
~t....blr , 2004, by Alec String, as President of BRYCE FOSTER CORPORATION, a
Florida Corporation, on behalf of said corporation, He is €rsonally knoWiI:Jto me or produced
as identification.
(NOTARY SEAL)
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Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
- 9 -
LEGAL DESCRIPTION FOR TUSCAWILLA SQUARE
(North East Corner of Winter Springs Blvd & Northern Way)
as prepared by "Southeastern Surveying & Mapping Corp."
LEGAL DESCRIPTION:
From the centerline ot intersection of Winter Springs Boulevard and Northern Way, as shown in Plat of WINTER
SPRINGS UNIT FOUR as recorded in Plat Book 18, Pages 6, 7 and 8, Public Records of Seminole County, Florida; run
North 86 degrees 23 minutes 05 seconds East along the centerline of Winter Springs Boulevard 282.85 feet; thence
North 03 degrees 36 minutes 55 seconds West 60.00 feet to the POINT OF BEGINNING on the North right-of-way line
of Winter Springs Boulevard (120 foot RIW); thence run South 86 degrees 23 minutes 05 seconds West along said
North right-at-way line 217.85 feet to the point of curvature of a curve concave Northeasterly, and having a radius of
25.00 feet; thence run Northwesterly along the arc of said curve 39.27 feet through a central angle of 90 degrees 00
minutes 00 seconds to the point of tangency on the East right-of-way line of Northern Way (80 foot RIW); thence run
North 03 degrees 36 minutes 55 seconds West, along said East right-of-way line 90.78 feet to the point of curvature of
a curve concave Easterly and having a radius of 1893.55 feet; thence run Northerly along the arc of said curve 84.25
feet through a central angle of 02 degrees 32 minutes 57 seconds to a point; thence leaving said East right-of-way line,
run North 86 degrees 23 minutes 05 seconds East 270.83 feet to the point of curvature of a curve concave
Southwesterly, and having a radius of 27.83 feet; thence run Southeasterly along the arc of said curve 40.44 feet
through a central angle of 83 degrees 14 minutes 41 seconds to the point of tangency; thence run South 10 degrees 22
minutes 14 seconds East, 173.85 feet to a point on the aforesaid North right-of-way line of Winter Springs Boulevard,
said point being on a curve concave Northerly, and having a radius of 1085.92 feet; thence from a tangent bearing of
South 82 degrees 16 minutes 07 seconds West, run Westerly along the arc of said curve and along said Northerly right-
of-way line 78.01 feet through a central angle of 04 degrees 06 minutes 58 seconds to the POINT OF BEGINNING.
Exhibit "A"
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Concept Plan Summary
Location:
] 301 Winter Springs Blvd
Winter Sprlngs,FI. 32708
Land Siu:
1.4112 Acres
Current Use:
Tuscany's Restaurant
Proposed Use:
Expansion of Tuscany's Restaurant
and additional retail space
Design:Features:
Key West Ulspired Design in a residential scale,
FrontPorches, Metal Roofs, Brick drives, Fountain,
Gardens, Benches, and Bike Racks,
lmproveltlents to Add sidewalks, address storm water
Gary Hillary Drive: Drainage, Lighting, L!lndscaping and
Remediation of groundwater contamination
Architect:
Starmer Ranaldi
Landscape Arcbitect: Dobson's
Owner:
Bryce Foster Corporation
EXHIBIT
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EXHIBIT "C"
NEIGHBORHOOD FRIENDLY PERMITTED COMMERCIAL USES
The following Neighborhood Friendly commercial uses shall be permitted on the Property:
A. Permitted Uses:
Administrative public buildings
Advertising agencies
Alcoholic beverage sales (wine & beer and specialty package)
Alcoholic beverage, on-premises consumption, in conjunction with restaurant
Alterations and tailoring, shops and services
Antique and gift shops
Appliances, sales and service
Artists' studios
Automotive accessories sales
Bakery, retail
Bicycles, sales and services
Bookstores, stationary, newsstands
Butcher shop, retail only
Camera shops, photographic stores and developers
Cleaners, clothing
Coin dealers;
Computers, hardware and software sales and services
Confectionary and ice cream store
Dance and music studio
Day nurseries, kindergartens, and day care
Drug and sundry stores
Employment agencies
Exercise such as gym, spa and karate
Financial institutions, banks, savings and loans (no drive-through)
Flooring, retail only (carpet, tile, wood, etc.)
Florist
Furniture, retail
Grocers and delicatessens, specialty and retail
Hairstylist and barber shops
Hardware stores
Health food products and services
Hobby and craft shops
Home Improvement shops, retail and consultation services
Insurance agency
Interior Decorating and draperies
Jewelry store
Kitchen and other cabinet stores, retail
Libraries
Loan companies, excluding pawnshops and title loan companies
Locksmith
Luggage and travel shop
Medical clinics and ancillary small laboratories
Musical instruments and recordings, sales and services
Nursery products and supplies, plants, and trees (retail only)
Outdoor advertising and signs, sales office
Outdoor neighborhood markets on weekends and holidays
Optical services and sales
Party supplies and services
Paint store
Pet shops and grooming
Photography studios
Physical fitness and health clubs
Post office
Printers, quick print services only
Professional services offices, such as accountants, architects, attorneys, bookkeepers, dentists,
doctors, engineers, insurance and other agents, and surveyors,
Radio, TV, Stereo, and Video
Rental shops
Restaurants, including indoor and outdoor dining
Retail sales of a residential character
Schools, public, private and parochial, vocational (such as cosmetology, medical and dental
assistant training) requiring no mechanical equipment
Shoe repair shops
Sporting goods, retail
Swimming pool sales and services
Telephone Business offices and exchanges
Tobacco shops
Toy stores
Travel agencies
Wearing apparel stores
B. Other Uses:
Upon formal written petition by the Developer, the Developer may petition the City Commission
for additional permitted uses. The City Commission may consider the Developer's petition, on a
case-by-case basis, and approve, at its discretion, additional neighborhood commercial uses that
are keeping with the residential character of the Tuskawilla PUD. The City Commission shall
have the right to impose reasonable conditions on any approvals granted under this Agreement.
April 25, 2005
PUBLIC HEARING ITEM 400
Page 11 of 11
ATTACHMENT C
Site Plan & Building Elevations with Signage
Monument Sign, Dumpster Enclosure and Screen Wall
Date: April 25, 2005
The following was distributed by Mr. Bill
Starmer on April 25, 2005 during "Public
Hearings 400".
Tuscawilla Square
Aesthetic review
Staff Comment Response
1. Comment: A concern was raised about the stability of a center post for the dumpster
enclosure gates.
Response: Have agreed to change gate to double gate hinged on cmu walls and not on
vulnerable center metal post.
2. Comment: A concern was raised about the restaurants use ofthe dumpster and
associated odors.
Response: This is a common use of a dumpster and the owner will enforce keeping
the cover closed.
3. Comment: A concern was raised that the street side of the buildings looks like the
back of a building.
Response: Street side elevations have been re-designed with similar roof height
variation, roof gable framing, additional railings, additional stone,
entryway doors, and "bahama" type shutters to simulate the front elevation
of the buildings.
4. Comment: The original renderings showing a warmer exterior color of the buildings
is preferred over this cooler gray color.
Response: The exterior color scheme has been re-designed to match the original
rendering's colors.
5, Comment: A desire to see more "bahama" shutters was expressed.
Response: The exterior has been re-designed to include more "bahama" shutters.
6, Comment: A desire was expressed to add mullions to the windows to match the
original rendering.
Response: Window sizes have been revised but mullions where not added to allow
better merchandising visibility.
7. Comment: A desire was raised to make side shutters equal to the width of the
windows.
Response: Side window shutters where removed in their entirety to stick closer to the
original rendering and to add additional "bahama" shutters.
8. Comment: A desire was expressed to change all small building signage to one color
vs, several colors.
Response: All small building signage has been revised to be one color.
9. Comment: Need to add wall to hide mops from restaurant wall.
Response: This will be addressed with restaurant owner and mops will be removed
public view.
10. Comment: A desire was expressed to see more stone on street side of building.
Response: The street side of the buildings has stone where decorative cmu was used
and stone columns have been added to corner columns.
11. Comment: A concern was raised about the masonry wall foundation affecting existing
tree roots.
Response: We will address this in the construction drawings with a tree root
protection detail drawing and specification.
12. Comment: A concern was raised about the monument sign foundation affecting
existing tree roots.
Response: We will address this in the construction drawings with a tree root
protection detail drawing and specification.
13. Comment: A concern was raised about the existing hawks nest and whether
construction would interfere with its mating season,
Response: We do not anticipate construction starting for another 6 weeks which
should put construction activity well past the hawks mating / nesting
season,
14. Comment: We were asked about mailbox locations.
Response: This will be coordinated with the Post Master and we will advise the City,