HomeMy WebLinkAbout2003 01 21 Regular P Wendy's Site Plan
COMMISSION AGENDA
Consent
Information
Public Hearin2
Re2ular X
ITEM P
MGR. ~
/Dept. //j/'
REQUEST: Community Development Department requests that the City Commission
reconsider the dumpster location and access on the modified Wendy's site plan.
PURPOSE: The purpose of this Agenda Item is to reconsider the location of and access to the
dumpster at the Wendy's at the JDC Calhoun Town Center project. This site is
located on the north side of Tree Swallow Drive, just west ofthe traffic circle and
fountain. There appears to have been confusion about where the dumpster was
depicted and how it would be accessed and serviced on the revised plan that the
City Cormnission approved on October 28,2002.
CONSIDERATION:
The dumpster pad enclosure is depicted as a part of the Wendy's building. Access
to service the dumpster would occur through the striped pavement area between
the V-shaped drive-thru lane and the adjacent internal [to the JDC Calhoun Town
Center site] roadway, in the area that the City staff and the City's Town Center
consultant wanted closed from thru-traffic. There is concern that the striped area
will be used by the general public, to either cut into the drive-thru line or simply
as a short-cut, in-effect fostering and maintaining the negative traffic situation that
the City is trying to avoid at that location.
In an attempt to allow the drive-thru design, but eliminate the conflict point, there
was a suggestion to consider moving the dumpster location to the north side of the
drive-thru and service it via the drive-thru. Staff requested both the design
engineering firm, Avid, and the City's traffic engineering consultant, CPR,
determine ifthe drive-thru were or could be designed with adequate turning radii
January 13,2003
Regular Item P
Page 2 of3
to accormnodate an appropriately sized garbage truck. There may be vertical
elements to a standard Wendy's drive-thru which would complicate such
movement and therefore might need to be modified, if this alternative were
chosen.
Another possibility would be an aesthetic gate to block unauthorized access and
visibility to the drive-thru aisle. If garbage and recyclable collection occurred at
night or otherwise during the "off' hours, this would not necessarily disrupt
traffic.
Still another alternative would be to remove and stripe the 3 parking spaces
irmnediately north of the drive-thru, for access from the north (from the parking
lot drive aisle, instead of from the internal roadway, Cliffrose Drive. Any of these
alternatives requires the dumpster to be serviced when no vehicles would be using
the drive-thru.
APPLICABLE CODE:
Section 9-153. General layout; connections with existing streets.
Section 9-155. Intersections.
Section 9-276. Definitions.
Section 17-29. Access control.
FINDINGS: 1) The preliminary and final engineering/site plans did not depict a drive-thru for
building No.15, the site of what is now proposed for a Wendy's fast food
restaurant.
2) The approved plans, in their various iterations, depict a fast food restaurant on
the east side of the traffic circle and fountain (building No. 16).
3) City staff and the City's Town Center consultant opposed both a drive-thru
aisle at building No. 15 and access from Cliffrose Drive.
4) On October 25,2002, Shane Doran, of the James Doran Company, developer
of the project, provided an 18 page facsimile transmittal to all 5 City
Cormnissioners, outlining alternative proposals (exhibits "C", "D", and "E") for
the Wendy's restaurant.
5) On October 28, 2002, the City Cormnission approved a basic geometric design
depicted on Exhibit "c" of Shane Doran's October 25,2002, transmittal to the
City Cormnission. The design was to have a raised pedestrian crossing across the
January 13,2003
Regular Item P
Page 3 of3
drive-thru aisle, on the east side of the building. Further technical details were to
be worked out with staff.
6) Avid engineering submitted the modified final engineering plans, consistent
with approval of Exhibit "c" and the verbal directives from the City Commission
at that October 28, 2002, meeting.
ATTACHMENTS:
A - Copy of Shane Doran's October 25,2002, facsimile transmittal and the City
Manager's October 28,2002, cover memo to the City Cormnission
B - Minutes of the October 28,2002, City Commission meeting
C - Cover page of First Modification of Agreement (allows fast-food restaurant)
RECOMMENDATION:
Staffrecormnends the City Commission choose an acceptable and aesthetic
alternative that will eliminate the potential for cut-thru traffic into the drive-thru
aisle.
CITY COMMISSION ACTION:
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ATTACHMENT A ":"':'~;~~~I\~~;~'?i10~~~j>r.f1
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CITY OF WINTER SPRiNGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
TO:
Mayor and Commission
Ronald W. McLemore, City Manager ~
FROM:
DATE:
October 28, 2002
,
SUBJ: '
Doran Pr-oject- Wendy's Site Plan
It is our understanding that this matter might be raised tonight.
I believe Mr. Doran may be under the 3$sumption that this matter 'is on the agenda
tonight. '........ .. _. _ _.. _ ,_ _.. "h. _. _ _ _ _ _
Although we planned it for tonight; I did not receive comment from Mr. Doran in time to
'include it on tonight's agenda.
However, if you choose to discuss this matter, attached are the required refe~ences.
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200
SC 29492
Fax (843)
Phone (843)881-7550
FACSIMILE TRANSMITTAL SHEET
- TO:
Commissioner Michael Blake
COMPANY
TOTAL NO. OF PAGES
INCLUDING COVER
18
FAX NUMBER:
407-327-4753
FAX NUMBER:
FROM:
DATE:
Shane Doran
1 0- 25~02
COMPANY
TO:
Conunissioner Robert Miller
Commissioner Edward Martinez
Deputy Mayor/Commissioner Cindy Gennelll
Commissioner David McLeod
RE:
Wendy's One 'Waydrive through
Winter Springs Town Center
Winter Springs, Florida
o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY
NOTES/COMMENTS:
Please see attached.
.
10/25/2002 15:53 FAX 18438496765
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Re: Wendy's - One way drive through
Winter Springs Town Center
Winter Springs, Florida
Dear Mayor and Commissioners, ,
I would like to appeal to all of you directly on one minor revision to our approved site
plan. This revision involves the reversal of a traffic lane to improve traffic flow and to
accommodate a drive through window. I urge you all to consider the following points:
. During our permit process for our approved site plan, JDC was asked to
commission a traffic study to examine potential "conflict parts". JDC did
so, at a cost of $5,000, although begrudgingly as it was a puzzling request
(see attached exhibit A). It is well known that in a sense it is the point of
New Urbanism to CREATE conflict parts, at least in a sense to slow
traffic down. In any event, neither entrance to Wendy's was considered a
conflict point at the time. JDC believes this was the proper forUm if there
was a traffic flow concern. Upon acceptance of traffic study, IDC moved
forWard in good faith and constructed all approved site improvements.
.
The two-way traffic next to WendY's was a clerical error on the part of
JDC's team. It was always our intention to provide one drive-through
, service to buildings 15 and 16; this intent was clearly memorialized in the
First Modification to Developers Agreement. The spirit ofParagrapb 2
was clearly intended to allow a drive-through, as this is consistent with a
fast food use.
.
Our plan as proposed is an improvement over what is currently approved
as it eliminates a potential conflict (see attached letter and credentials from
Turget Dervish ofTPD; "Exhibit B"),
.
A plan was submitted that greatly improved traffic flow, eliminated
potential conflict points, and aliowed adequate stacking (See attached
exhibit C). This plan was simply rejected; we were told to consider a plan
drawn by Victor Dover (See attached Exhibit D).
.
JDC then appealed to Charles Carrington, head of planning and zoning at
the time, noting that Victor's plan would not work because (1) it only
provided stacking for 2-3 cars and (2) its requires that new buildings be
built that were to small to lease and were in conflict with the approvee site
216 SEVEN FARMS DRIVE. SUITE 200 . CHAI{I..EBTON. SOUTH CAROl..tNA 29492 . IB431 881-7550 · FAX: (843) 849-6765
OVERI..OOK ONE. 2849 PACES FERRY ROAD. SUITE 310 . ATl..ANTA. GEORGIA 30339 . (6781 309-9502 . FAX: (6781 309-9503
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plan and several corresponding leases that had already been signed. After
working with Charles and some hard negotiating with Wendy's, a
compromise was reached. This compromise is what will be before you on
October 28th (See attached Exhibit E).
Mr. Mayor and elected Commissioners, we are on the brink of success for the town
center and we are at an impasse over reversing one lane of traffic. JOC has been very
clear about our economic need for Wendy's and now Wendy's is almost out of patience.
I appeal to all of you to continue to be reasonable and to approve this minor change so
that we may move forward. I think it is very important that we keep up the momentum
we have created. I look fOIWard to seeing all of you on the evening ofthe October 28th.
Sincerely,
Shane J'-
Senior Vice President
J ames Doran Company
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Potentia) traffic conflict poInts
,. Intersection of the N/S connector roadway, SR 434, and the parallel frontage
road., Please address volumes. turning movements, potential conflicts with
pedestrian movements, and Btacking, as well as other pertinent topics.
2. Intersection ot the curb.oCut for the project from thQ N/S oonnector roadway I given
the proximity to the Intersection and i88U8S In !tem #1 Please also discuss the
proposed angle parking depicted In the preliminary alte plan on these trafflc
movements.
3. Curb-cut from SR 434 onto the project site and its' intersection with the parallel
frontage road (as in #10 above).
4. Point of egress from the drive-thru bank and the internal corridor from the curb-
cut in #3, above. and the the traffie round-about.
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MEMORANDUM
To: Charles~~~~ .
From: Turgut g~ - --
Date: October 9,2001
Re: Potential Traffic Conflict Points
Winter Springs Town Center
TPD Nfl 1963.2
The'purpose oHhis memorandum is to address the potential traffic conflict point locations identified
by the City. The comment made about each potential traffic conflict is listed first in bold followed
by our response.
1. Intersection of the N/S connector roadway, SR 434, and the parallel frontage road.
Please address volumes, turning movements, potential conflicts with pedestrian
movements, and stacking, as well as other pertinent topics.
The P.M. peak hour traffic volwnes at this location as well as other access locations are
shown in Figure 4b (revised), copy attached. The frontage road is designed as one-way
terminating at the N/S connector roadway. Located along the southern boundary of the site,
this frontage road will be a low volume low speed internal road also accommodating angle
parking. A STOP sign along with a right turn only sign would control traffic on this roadway.
Vehides from the frontage road will yield to entering and exiting vehicles at all times. In
addition to the STOP sign, DO NOT ENTER signs should be installed facing the N/S
connector roadway. !fright turns will be pennitted from the frontage road, the turning radius
should be increased to a minimum of 25 feet. On the N/S roadway over 100 of stacking
(unrestricted) is provided for exiting vehicles. To determine the adequacy of this stacking
distance, the required queue length calculation was made based upon the procedures of the
Green Book as follows:
Storage Length in Feet (L)
=
2 x 25/60 x # of turning vehicles per hour
2 x 25/60 x 90 = 75 feet
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October 9,2001
page 3
No pedestrian conflicts will occur at this location since the sidewalk is along the north side
frontage road and on the east site of the N/S roadway with no crossing of the N/S roadway.
2. Intersection ofthe curb-cut for the project from the N/S connector roadway, given the
proximity to the Intersection and issues in item #1. Please also discuss the proposed
angle parking depicted in the preliminary site plan on these traffic movements.
The intersection is approximately 150 feet from the SR 434 intersection with parking on both
sides. The curb-cut of the project will be under STOP control and will not interfere with the
north-south major movements. Any pedestrian activity will occur along the east side of the
N/S connector roadway which has pedestrian linkages (sidewalks) internal to the site.
3.
Curb-cut from SR 434 onto the project site and its intersection with the parallel
frontage road (as in #1, above).
.,
The parallel frontage road is one-way westbound under STOP control. Therefore, traffic on
the frontage road will yield to entering vehicles at all times. The sidewalk is on the north side
of the frontage road with pedestrians crossing only the internal roadway approaching the
frontage road. Crosswalk and pedestrian crossing sign and/or STOP sign will be provided
at this location. The internal roadway has stacking length of 115 feet from the bank's drive-
up windows to the STOP bar at SR 434. The required length as per the Green Book is as
follows:
L = 2 x 25/60 x # of turning vehicles per hour
= 2 x 25/60 x 11 0 = 92 feet
4. Point of egress from the drive-thru bank and the internal corridor from the curb-cut
in #3, above, and the traffic roundabout.
The point of egress from the drive-thru bank will be controlled by STOP signs on both sides
along with the STOP bar. The high emphasis crosswalk provided will further draw the
attention of the motorists and encourage exiting with caution. An alternative to the proposed
sidewalk/crosswalk system along the internal road would be to place the pedestrian corridor
on the west side of the internal roadway. This would eliminate vehicle/pedestrian conflicts
at the bank's drive-thru intersection. As for the roundabout, it has been properly designed
with traffic/pedestrian controls. Additional one-way signage on the traffic circle may be
considered to indicate the flow of traffic around the circle.
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10/25/2002 t~ :,~5 FAX 18438496765
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October 9, 2001
page 4
The Final Site Plan submitted to the City shows in detail the internal traffic circulation, pedestrian
walkway system, parking layout and traffic/pedestrian control devices. Please call us if you have
further comments or questions,
cc: Terry Zaudtke
Shane Doran
Rick Alcala
Herb Green
10~25/2002 15:55 FAX 18438496765
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535 Versailles Drive, ,Suite 200. Maitland, FL 32751-7305
(407) 628.9955 · FAX (407) 628-8850 · E-mail: tpdtraffic@aol.com
October 4,2001
INVOICE #1963,2-3579
lTMJJ
Mr. Shane 1. Doran
James Doran Company
1051-H Johnnie Dodds Boulevard
Mt. Pleasant, South Carolina 29464
Re: IDe CalQoun Winter Springs Town Center
STATEMENT
I
D For professional services rendered in the preparation of a Traffic Impact Analysis for the above-
referenced project.
Fee As Per Agreement ............................................................................... $ 4,500.00
(Study completed/report submitted) ,
AMOUNT DUE THIS INVOICE $ 4.500,00
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10/25/2002 15:55 FAX 18438496765
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June 1,2001
INVOICE #1963.1-3487
JJi~]
Mr. Kip Lockcuff, P.E,
Public WorkslUtility Director
City of Winter Springs
1126 East SR 434
Winter Springs, Florida 32708-2799
Re: Town Center Main Street
Traffic Operations and On-Street Parking
1; STATEMENT
For professional services rendered in attending meetings and the preparing of a technical
memorandum on traffic operations and on-street parking.
3.0 Hours Principal Engineer @ $1 25/Hr
Intersection Traffic Counts
=
$ 375.00
80.00
$ 455.00
AMOUNT DUE THIS INVOICE $ 455.00
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535 Versailles Drive, Suite 200. Maitland. FL 32751-7305
(407) 628-9955 . FAX (407) 628-8850 . www,tpdtrafflC.Com
FAX MEMORANDUM
FROM:
Shane Doran (843) 849-6765
~
Turgut Dervish, P.E.
TO:
DATE:
October 23, 2002
RE:
Winter Springs Town Center/JDC Calhoun Site
TPD N!! 1963.2
We have reviewed the proposed change to the approved master plan in conjunction with
the proposed development of the Wendy7s Restaurant. The change is for converting a
short internal roadway opposite Wendy',; to a one-way operation. No geometric or
parlcing configmation changes are proposed to the as-built roadway section.
The proposed change in conjunction with Wendy's will result in improved traffic
operations at both ends of this short roadway. [n addition to the less conflicting
movements at each en~ the overall efficiency and safety of traffic operations in the area
will be improved.
Please call if you need further assistance on this matter.
TD:jm
10/25/2002 15:55 FAX 18438496765 JAMES DORAN COMPANY
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TURGUT DERVISII, r.E.
QUALIFICA TrONS:
B.S.C.E" Istanbul Technical University, 1962
M.S.C.E. (Transportation), Georgia Institute of Technology, 1966
Registered Professional Engineer: Florida
Professional Memberships: Institute of Transportation Engineers (ITE)
American Society of Civil Engineers (ASCE)
PROFESSIONAL EXPERIENCE:
1983 to Present - President, Traffic Planning and Design., Inc. Maitland, Florida - In June
1983, Mr. Dervish founded the firm of Traffic Planning and Design, Inc. for the purpose
of providing professional consultant services to governmental agencies, private
professional organizations and developers in the field of traffic/transportation planning
and engineering, He is in responsible charge of all projects including traffic operations
studies and design, traffic impactlconcurrencystudies, traffic circulation and parking
plans. transportation planning/engineering studies and corridor studies.
1976 to 1983 - Director of Trafficffransportation Engineering Tipton Associates, Inc.,
Orlando, Florida - In this capacity, responsible for the direction of transportation and
traffic projects including transportation planning, public transportation, route
location/geometric design, traffic operations/roadway design, environmental assessment
and traffic safety studies. Responsibilities included staff assignment to projects and
monitoring the progress of projects to ensure quality work and timely completion.
1973 to 1975 - Project Manager, Transportation and Traffic Engineering, VTN, Inc.,
Orlando, Florida - In this capacity, responsible for the direction of transportation and
traffic projects, including multi-modal transportation planning; urban and regional
transportation systems, public transportation studies, traffic studies and related functions.
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1971 to 1973 - Senior Engineer! Assistant Regional Manager, Alan M. V oorbees &
Associates, St. Louis, Missouri - In this capacity, supervised the direction of traffic
impact, traffic safety and traffic operational studies as well as comprehensive
transportation planning studies for urban areas.
1966 to 1971 - Traffic Engineerrrransportation Planner, Traffic Planning Associates,
Inc., Atlanta, Georgia - As traffic engineer/transportation planner, worked on a variety of
traffic engineering and transportation planning projects with various governmental
agencies in the development of plans of major traffic improvements,
1965 to 1966 - Graduate Research Assistant, Georgia Institute of Technology, Atlanta,
Georgia
AWARDS:
Fulbright Scholar, 1964-66, Georgia Tech
Transportation Engineer of 1981, Florida Section ITE
COMMITTEES:
Technical Projects Conunittee Chairman, Florida Section ITE, 1980-81
Planning Guidelines Review Committee, Seminole County, 1982
Impact Fee Advisory Board, Orange County, 1984-86
Citizen Advisory Committee, Transportation Mgmt Program, Seminole County, 1985
DRl Transportation Policy Work Group, Department of Community Affairs, 1985-86
Growth Management Subcommittee, Florida Section I'rE, 1986-89
Trip Generation Subcommittee, Florida Section ITE, 1986-87
Technical Advisory Committee, City of Orlando Impact Fees, 1986-88
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ATTACHMENT B CITYOFWINTER~~~~~
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 9 OF 24
PUBLIC HEARINGS
C. Community Development Department - Land Development Division
'Requests The City Commission Conduct A Public Hearing For The Second Reading
Of Ordinance 2002-32 To Amend The Official Zoning Map Of The City Of Winter
Springs By Changing The Current Designation Of The Approximately 1.0 Acre
(1.37 On Tax Map And Associated Information) Subject Property, Located At 240
Old Sanford-Oviedo Road From The C-2 District To The 1-1 District.
Attorney Garganese read the Ordinance by "Title" only.
Mr. Baker spoke briefly regarding Minutes from the Planning and Zoning Board/Local
Planning Agency.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"MOTION TO APPROVE ORDINANCE 2002-32." MOTION BY
COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
VOTE:
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING ISSUE WAS DISCUSSED NEXT AS
AN ADD-ON REGULAR AGENDA ITEM, BASED ON THE DOCUMENT
INCLUDED WITH THESE MINUTES, NOTED AS ATTACHMENT "A." .:..:.
VI. REGULAR
ADD-ON
REGULAR
Office Of The City Manager
Requesting The City Commission Discuss Issues Related To The Town Center And
Specifically The Proposed Wendy's.,
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 10 OF 24
Manager McLemore and Mr. Baker presented their introductory comments to the City
Commission.
Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200,
Charleston, South Carolina: explained to the City Cormnission what he was requesting.
Cormnissioner Blake stated, "What satisfaction does the developer have that the final
plan they think they have hammered out is the real plan if it didn't come back before US?"
Manager McLemore said, "I think what we could do is just document in writing that we
reviewed everything and if we are all in agreement, we will just document it in writing
and file that with you at the next Cormnission Meeting as an Informational Item."
Further discussion ensued.
Commissioner Blake then stated, "All the changes on the updated site plan except for
Wendy's, we give to Staff to hammer out - you bring us back what you completed, put it
on our Informational Agenda for two (2) weeks - from tonight and we either approve it
on an Informational Agenda - you don't have to be here - or we do not disapprove it;
then we go two (2) weeks later and say we have got a problem - the Cormnission has a
problem with these issues and see if we can hammer that out." Mr. Doran stated, "That's
perfectly acceptable to me."
Mayor Partyka stated, "Two (2) Cormnissioners are saying take a look at that." Mayor
Partyka then asked the rest of the City Cormnission for their input. Commissioner
Martinez stated, "My recollection of what transpired the last time we were here were
some issues - clock, elevation, and a few others and our direction was for Staff to sit
down with them between the last Meeting and this one and resolve those issues. Have
they been resolved?" Mr. Doran responded,' "Those were minor comments to the
elevations we presented and I understand it is going well. I don't have my Architect here
today to address them, but 1 understand that we have made those revisions and Staff is
happy with them."
Cormnissioner Martinez added, "The same with the Commissioners, if you think you can
work these things out between yourself and Staff to your satisfaction - the Contract
Agreement within Code." Mayor Partyka then stated, "Commissioner Gennell? Same
Way?"
Commissioner David W. McLeod inquired of Mr. Doran, "We are only talking about site
plan issues correct?" Mr. Doran stated, "That's correct." Cormnissioner McLeod then
asked, "No elevations, changes of buildings or changes of - the clock tower or what
happens to the corner next to it?" In response to Commissioner McLeod remarks about
the building next to the clock tower, Mr. Doran stated, "That corner - you are correct."
Furthermore, Commissioner McLeod said, "Would you mind going down the list of the
items that you are looking to discuss with Staff - for the site plan."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 11 OF 24
Mr. Kevin Collins, Avid Engineering, 7208 West Sandlake Road, Orlando, Florida:
spoke on the record about thirty-seven (37) "Drawing Revisions."
Cormnissioner McLeod stated, "Basically, you and Staff are going to discuss 1 to 23 with
the exception of item 3 which will be discussed this evening which is the fast food
restaurant." Mr. Collins responded, "That's correct." Commissioner McLeod then said,
"I would agree to that." Mayor Partyka surmnarized the preference of the Cormnission as
"We have all agreed to that."
Mro Collins pointed out, "The revisions go up to 37, numbered consecutively for the
revisions to paving" grading and drainage." Mayor Partyka remarked, "We will assume
that in the record - it is those 37 items that are already on the plan and Mr. Baker will
review those, along with Staff."
Mr. Baker then commented, "Where they are moving some dumpsters - especially
around buildings 1 and 2, they are putting them out into the parking lot and I think that
may be a policy item - where they are going." Mr. Baker added, "The location of those
dumpsters could be something you need to look at, whether or not you like them where
they are proposing them, because they are moving." Mayor Partyka stated, "City
Manager, can't you handle this as we discussed earlier?" Manager McLemore
responded, "I think so. You have a new Code requirement that all these need to be closed
- and we'll work on it." Mr. Doran added, "We are not simply moving them. Our earlier
plan was conceptual. Some are created, we don't know how many restaurants we have,
our plan is evolving and there is really nowhere else to put them."
ISSUES RELATED TO A WENDY'S RESTAURANT WAS DISCUSSED NEXT.
Regarding certain drive-thru plans, Manager McLemore first stated, "You have been put
on notice in writing by Ian [Lockwood, Civil Engineer, Glatting Jackson] that this
configuration that has been presented is a safety problem.
Discussion.
Mr. Ron Donley, 2699 Lee Road, Winter Park, Florida: as a representative of the
Wendy's Corporation, Mr. Donley spoke of his concern with various drive-thru plans and
stated that regarding the proposed preferred design, "We've worked the dumpster into the
building so you don't even look like you have a dumpster behind the building - it totally
looks like a courtyard, instead of a dumpster."
Mr. Doran read a portion of a letter into the record from Turgut Dervish, P .E., of Traffic
Planning and Design, mc..
Tape 2/Side A
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 12 OF 24
Discussion followed on the plans and proposed drive-thru's. Commissioner McLeod
stated, "I do remember this bottleneck instance that we have showing on this plan, that
actually showed two (2) roads coming to a point, that you - went back and did some work
- we agreed to change that. Is that not this location? Mr. Doran responded, "Yes -
everything is the same as we have here - turnaround arrow - we changed it, separated it;
it's two-way - we are literally talking about turning an arrow around and re-striping is the
only site plan change we are asking for. To be honest about it, it was a clerical error on
my staff that 'Fast food' wasn't written on that."
Further discussion related to the "Order point" and a varied landscape plan were covered
, next.
Discussion.
Tape 2/Side B
Deputy Mayor Gennell suggested, "If we have even potentially good pedestrian traffic
there, why don't we put a little walk light - right there on the right side of the crosswalk
to the Wendy's from the park area." Deputy Mayor Gennell added, "I would encourage
you to look at - a push-button - for safety's sake." Commissioner McLeod suggested
that we use something like a "Sign that says 'Yield to pedestrians, pedestrians have the
right-of-way.'" Additionally, Cormnissioner Blake recormnended "This walkway as it
goes across, make it a raised brick crosswalk - like a speed hump, except it is brick or
pavers, and cars go up - it is four feet (4') and then they go back down." Furthermore,
Deputy Mayor Gennell pointed out that in "Downtown Sanford, and it has that crosswalk
right on First Street and it has stop signs on both ways and it says, 'Stop when pedestrians
are in the crosswalk."
Manager McLemore stated, "You are agreeing to this configuration of that intersection
which gets rid of a real conflict point at least in this intersection?" Mr. Doran stated, "I
am." Mayor Partyka noted that "The exhibit we are looking at Mr. McLemore is Exhibit
'c' in our handouts of the packet that is dated 10/25." Manager McLemore added, "The
u-shaped drive."
"FOR THE WENDY'S SITE IN THE TOWN CENTER, THAT WE APPROVE
THE DRIVE-THRU CONFIGURATION NOTED AS EXHIBIT 'C,' WHICH
INCLUDES THE U-SHAPED DRIVE- THRU ACCESS AND IT WOULD HAVE A
PEDESTRIAN CROSSING THAT IS A RAISED FOUR FEET PAVER TYPE
APPARATUS THAT IS SIGNED WITH WARNING SIGNS THAT THE,RE ARE
PEDESTRIANS AND THAT YOU MUST STOP FOR A PEDESTRIAN OR
WHATEVER STAFF FEELS IS APPROPRIATE IN NORMAL TRAFFIC
CONTROL GUIDELINES FOR THAT AREA." MOTION BY COMMISSIONER
BLAKE. COMMISSIONER BLAKE ADDED, "THAT DOES INCORPORATE
THE RECONFIGURATION OF THE OLD DUAL ACCESS INTERSECTION -
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 28, 2002
PAGE 13 OF 24
IT WOULD BE DIRECTLY ON THE NORTH SIDE OF THE PARCEL."
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
"I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION AND THAT
WOULD BE THAT THAT PORTION OF THE U-SHAPED BE MOVED OUT ON
THE EASTRL Y SIDE OF THE BUILDING TO GIVE A LITTLE MORE GREEN
- AT LEAST FIFTEEN FEET (15') BETWEEN THE BUILDING AND THE
DRIVE-THRU FOR LANDSCAPING PURPOSES, WITH THE WESTERLY
SIDE, AS YOU ARE EXITING THAT TO HAVE IN THAT AREA THAT SOLID
LINE THAT IS COMING DOWN THROUGH THE CENTER BETWEEN THE
TWO (2) ARROWS - HOW CAN WE ADDRESS THAT SO THAT EITHER
WITH A PAVER OR A LINE OR A SEPARATION - AND THE LANDSCAPING
IS NOT THE ANSWER - SOMETHING THAT INDICATES THAT YOU DO
HAVE A SECONDARY TRAFFIC FLOW." AMENDMENT TO THE MOTION
BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION,
COMMISSIONER McLEOD NOTED, "IN THE EASTERLY LANE COMING BY
YOUR BUILDING, WHEN I GET TO THE STREET I ACTUALLY WANT TO
TURN RIGHT. I HAVE GOT TWO (2) CARS THERE - I SEE IT IS ONE-WAY -
BUT THE STREET I AM ENTERING INTO IS A TWO-WAY, I WANT TO
TURN FROM THAT LANE, AND I WANT TO GO TO MY RIGHT COMING
OUT OF THERE - THE CAR ON MY RIGHT, WANTS TO TURN LEFT.
WOULD THE ENGINEERS ADRESS THAT PLEASE."
FURTHER, COMMISSIONER McLEOD STATED THE MOTION WAS "ON
THE EASTERLY SIDE, TO MOVE OUT THAT U-DRIVE AT LEAST FIFTEEN
FEET (15'), ON THE WESTERLY SIDE, ADDRESS THE FLOW OF TRAFFIC
COMING OUT OF THAT WENDY'S."
VOTE: (ON THE AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: NAY
MOTION DID NOT CARRY.
VOTE: (ON THE ORIGINAL MOTION)
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MILLER: NAY
MOTION CARRIED.
~y: 8ROWNIWARO,SALZMAN&WEISSIP.A.j 407 425 9596j
Aug-8-01 4:10PMj
Page 2
J ATTACHMENT C
FI'RST MODIFICATION OF AGREEMEN1.'
. A first Modification of Agreement made and entered into as of this _ day of July,
2001. by and between JOe CALHOUN, INC., a Georgia corporation. (hereinafter refelTed to as
"JDC"), and the CITY OF WINTER SPRINGS, a municipal ,corporation existing under the laws of
Lhe Slate of Flonua (hereinafter referred to as the "City").
RECITALS
WHEREAS, JDC and the City previously entered into that certain Agreement dated as of
August I, 2000; and
WHEREAS,JDC and the City desire to modi fy the tcnns and provisions of such Agreement.
NOW THEREFORE. in consideration of the terms and conditions set forth in this Fist
Modification of Agreement, and other good and valuable consideration, the receipt of which is
hereby acknowledged by the parties, the City and JOe agree to the following:
1. The provisionsofsubparagrclph m. (c) and other provisions ofthc Agreement
penainins to the two. story 30,240 square foot building which is cQntemptated to' be con!\tmcted 011
the comer of SLalt: Road 434 and Main Street are hereby modified to memorialize the recent
agreement of thc parties that JDe shall have a period of up to eighteen (IS) months after JUe's
closing on the JDe Property within which to commence construction of such building on the comer
of State Road 434 and Main Street. The City acknowledges and confinns that the pennits,
certificates of occupancy and other permits for development of other ponions of the mc Property
will not be withheld or delayed during the period prior to JOe' scommencemen[ of such construction
on the corn~r of Stale Road 434 and Main Street.
2. The provisions of the Agreement are hereby modified [0 mcmoriaJizc the
recent understanding and agreement of the parties that the City has no objection conceptually to the
~onstruction of a fast food restauranllOtated internal to the site in the vicinity of the roundabout.
JDC acknowledges that the precise configuration and other details relating to the proposed fast food
restaurant must be reflected in a site plan and other submittals required under the City Code with
respect to which final City approval(s) must be obtained prior to commencement of construction.
3- The provisions of this Agreement are hereby further modified to memonahle
the recent agreement of the parties that the roundabout depicted on the Conceptual Site Plan will
contain a water fountain or similar water feature.
4. The provisions of the Agreement are hereby further modified and amended
to memorialize the agreement of the parties that as of IDC's closing of the purchase of the JDC
Property, the City shall be fully obligated to construct, at ils cusL and expense, the Main Street
Page 1 of 4
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