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HomeMy WebLinkAbout2003 03 31 Regular B Certificate of Occupancy in the Town Center 033103 Special Meeting Regular "S" Certificate of Occupancy Doran COMMISSION AGENDA SPECIAL MEETING ITEM B Consent Informational Public Hearing Regular X March 31, 2003 Meeting Mgr. ~ Dept. Authorization REQUEST: City Manager requesting the City Commission to consider amending the City's agreement with James Doran Inc. relative to Certificates of Occupancy in the Town Center. PURPOSE: This Agenda Item is needed to amend a prior established agreement with James Doran, Inc. regarding Certificates of Occupancy for Town Center Buildings in order to provide an appropriate security for the replacement of light installations in the Town Center. CONSIDERA TIONS: At the March 24, 2003 City Commission meeting the Commission, in consideration of Agenda Item "F", rejected a compromise lighting plan for the Town Center, and voted to direct the City Manager to work with the James Doran Company to develop a lighting plan more closely in compliance with the lighting plan approved by the Commission on October 22,2001. The action by the Commission has a direct bearing on the provisions of a directive established by the Commission on September 9, 2002, which provided the following: 1. Certificates of Occupancy for the Publix Building 12, Building 9, Building 11, Building 13, and Building 14 would be issued when completed. 2. Certificates of Occupancy for all other Buildings will not be issued until such time that the lighting issued is resolved. PROBLEM: Building 10, (Washington Mutual), and Building 8 (General Retail) will be ready for Certificates of Occupancy in the immediate future, long before a resolution to the lighting issue is resolved based upon the most recent action of the City Commission. Furthermore, it is unlikely that Building 15 (Wendy's) could be issued a Certificate of Occupancy, or that Building 1 could go forward. 033\ 03 Special Meeting Regular "8" Certificate of Occupancy Doran Page2 Of2 The action of the Commission to reject the compromise plan raised a very complicated set of financial and legal issues due to existing leases. Clearly, a different agreement is needed that would provide reasonable security for resolution of the lighting issue and at the same time to allow Certificates of Occupancy to be issued to Washington Mutual, Wendy's, and other Buildings currently in plan review or the process of construction. AL TERNA TIVE: To facilitate the continuation of development at the Town Center, and to provide reasonable security to the City that the developer will complete the lighting plan of the Town Center to the satisfaction of the Commission the following alternatives are recommended for consideration: 1. Allow Certificates of Occupancy for all Buildings currently under construction and plan review, and no other Buildings to be permitted until such time that the lighting issue is resolved. The advantage of alternatives 1 and 2 is that they allow development to continue and the replacement of the modem light installation. 2. Allow Certificates of Occupancy to be issued for all Buildings and secure resolution of the lighting issue with a performance bond, or an irrevocable letter of credit equal to the cost of the required lighting improvements. The advantage of alternatives 1 and 2 is that they allow development to continue and the replacement of the modem light installation. 3. The Commission could give consideration to accepting the compromise plan recommended by the City Manager in the March 24, 2003 meeting with a substantial cash contribution that could be used to build public facilities in the Town Center i.e., Magnolia Park, or the retention pond park, etc. The advantage of this alternative is that it will end the matter quickly and acquire additional funds for pubic facilities in the Town Center. The disadvantage of this alternative is that the modem pole structures would remain in the Town Center. RECOMMENDA TIONS: The City Manager is recommending the following. 1. The Commission consider approval of one of the three alternatives listed above, or 2. The Commission devise some other alternative that will allow progress to continue while providing reasonable security for resolution of the lighting issue. ATTACHMENTS: A) September 9,2002 Add-On Agenda Item "0". B) March 24, 2003 Regular Agenda Item "F" without attachments. COMMISSION ACTION: 090902 Add On Regular 0 Publix Lighting.doc COMMISSION AGENDA ADD-ON ITEM 0 ., Consent Informational Public Hearing Regular X Mgr. ~/ Authorization Dept. September 9,2002 Meeting REQUEST: City Manager advising the Commission of a serious issue related to the Town Center and requesting appropriate direction. PURPOSE: This agenda item is needed to make the Commission aware of a serious issue related to the Doran project and providing the Commission with an opportunity to provide any direction it deems appropriate. CONSIDERA TIONS: In violation of previously approved lighting plans and permit requirements the lighting poles and fixtures installed by Doran represent irreparable harm to the design of the Town Center and cannot be tolerated. . Relatedly, I have advised Shane Doran in the attached letter that, CO's will be withheld until an appropriate resolution can be found. In direct contradiction to the approved plans and everything we have dope to prevent the parking lot from looking like a traditional strip mall parking field, the installation of high, modern poles creates, in fact, the look of a typical ~trip mall parking field. A resolution involving shorter ornamental poles must be found if we are to maintain a Town Center design theme. FUNDING: Unknown RECOMMENDATION: It is recommended that the Commission confirm the City Manager's decision to withhold the CO's on the Doran project until such time a resolution to the lighting issues is resolved. ATTACHMENTS: September 6,2002 Letter to Shane Doran COMMISSION ACTION: 032403 Commission Meeting Regular "F" Town Center Street Lighting Settlement COMMISSION AGENDA ITEM F Consent Informational Public Hearing Regular X March 24, 2003 Meeting Mgr.~/ Authorization Dept. REQUEST: City Manager requesting the Commission to review a proposal for settlement of the lighting issue at the Town Center. PURPOSE: This agenda item is needed to resolve the current lighting issue between the City and the Developer. CONSIDERATIONS: On September 9,2002 the City Manager advised the City Commission of site lighting violations in the Town Center in Add-On Agenda Item "0" of the September 9,2002 Commission meeting. Subsequent to review of this matter the Commission authorized the city manager to work with the developer to determine if a compromise plan could be worked out that would allow some of the improper style lighting to be saved thus eliminating the need to make numerous pavement cuts for the purpose of re-routing underground wiring. During this period of negotiations the developer has lowered the improper lighting from thirty- five (35) feet to approximately twenty (20) feet. Several different plans have been reviewed. In addition to the above, the developer is being requested to provide more intensive lighting for the fountain and to stain or paint the fountain a lighter color so that it will be more visible, and to replace the current white opaque spandle windows on the SR 434 side of Publix with the same spandle windows being used in the balance of the development. 032403 Commission Meeting Regular "F" Town Center Lighting Settlement Page 2 Of2 ALTERNATIVE: The Commission has two alternatives as follows: 1. Require the developer to go back to the original plan approved by the Commission. According to the city's lighting consultant the original plan met generally accepted lighting standards and the requirements of Publix. However, that plan required a large number of lighting installations. The advantage of this approach is a uniform ornamental lighting system, The disadvantage is it will be expensive for the developer to replace the inventory of modem lighting he purchased and installed with ornamental lighting, and to add the additional light fixtures needed to meet lighting standards. It will also require numerous pavement cuts to re-route underground wmng. 2. Accept some compromise that would allow the developer to utilize some of the modem lighting poles and fixtures in combination with ornamental lighting along the streets. The plan before you tonight is a Compromise Plan which allows the developer to utilize the modem pole fixtures he purchased in the parking field while utilizing ornamental lighting. The advantage of this alternative plan is that it will eliminate the need for numerous pavement cuts. The disadvantage of this alternative plan is that there will be three different lighting systems involved, and that the modem style lighting poles and fixtures will continue to be employed in the off-street parking fields. FUNDING: The city has no cost exposure. RECOMMENDATIONS: It IS recommended that the Commission approve one of the following alternatives. I-A. Accept the Compromise Plan. I-B. Accept the Compromise Plan with changes the Commission would like to see. I-C. Reject the Compromise Plan and require the developer to go back to the original plan approved by the Commission. II. Include proposed lighting and painting and/or staining enhancements to the fountain and the replacement of spandle glass on the SR 434 side of Publix in the settlement agreement. 032403 Commission Meeting Regular "F" Town Center Lighting Settlement Page 2 Of2 ATTACHMENTS: Copies oflighting plan sheets will be available Thursday, March 20,2003. COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager March 31, 2003 Shane Doran, Vice President James Doran Company 216 Seven Farms Drive, Suite 200 Charleston, SC 29492 Dear Shane: . This letter is in reference to your letter of March 19, 2003 and to provide you with the following responses to your comments. Subdivision of Wendy's Out Parcel. The Seminole County Administrative lot split procedure is not lawful in the City of Winter Springs. Although I agree that it can save three to six weeks in contrast with the City's subdivision requirements, I do not support that concept in Winter Springs for two reasons. First of all, administrative subdivision of property in rural County areas as a rule has little impact on surrounding property owners, Thus, administrative authority is plausible. However, in urban areas where lot splits may affect surrounding property owners, I do not desire to allow this to happen without the public scrutiny provided by a pubic hearing before elected officials. Secondly, the subdivision procedure we require gives the City the legal right to apply standards and conditions that ensure compatibility with the surrounding developed areas. Regardless of my personal opinion on this matter, you will need to follow the current lawful subdivision procedures in the City which I laid out to you in my March 14, 2003 memorandum. Clock Tower. The City is going to prepare a right of way permit. Even though it is technically your responsibility to provide the legal description, I will go ahead and prepare the legal description to expedite the preparation of the agreement. U:\Docs\Word\Town Center\JDC Development\032403 Wendys Lot Split.doc Page 1 of2 In regards to the entranceway feature across the street from the clock tower; you were provided a copy of the engineering drawings several months ago for comment. No comments were offered, and those plans have been adopted without change. If you need another copy I will be happy to provide them to you. There are two ways to handle the transfer of the second entranceway feature to the City. First, you could complete the drawings and pay the City to construct it. Second, the City can accept the property in the same manner that we accept all public improvements from developers which would include as-built drawings, and a two year maintenance bond approved by the City Commission. Please contact me if I can be of further assistance to you. Sincerely, ;fir; Ronald W. McLemore City Manager /jp cc: Mayor and Commission U:\Docs\ Word\Town CenterlJDC Development\032403 Wendys Lot Split.doc Page 2 of2 &JAMES DORAN COMPANY ESTABLISHED 1 BB2 REAL ESTATE INVESTMENT BANKERS RECEIVED MAR 2 4 2003 CITY OF WINTER SPRINGS City Manager March 19,2003 Via Facsimile & U.S. Mail Ron McLemore City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Re: Memorandum; March 14, 2003 Dear Ron: I am in receipt of your March 14th memo. In response, I offer the following: Subdivision of the Wendy's Outoarcel: There is some confusion surroUllding your statement that.I am entitled to t~1e outparcels per the Developer's Agreement. What I referred to was a Seminole County Statute that allows for up to two (2) internal outparcels to be divided at an administrativeJeveI; this would speed things up to a 3-6 week process. I was hoping that in order to. keep .tlie .: . TO\\<TI Center moving, the City of Winter Springs would mirror SeminoleC6unty's timetable. In fact, the Developer's Agreement does not address outparcels at all, and the space does not effect any rights to subdivide future outparcels. You are correct in the statement that our company plans on retaining ownership of the remainder of our development; we ~e proud of it and we believe in long-term ownership. However, we retain the right to subdivide, per applicable code, at any time. Furthermore, as I have clearly stated several times in both public and private, I need to sell the Wendy's parcel in order to move forward with Main Street due to my lender's . equity reql,1iremt::nts: . We willsirnpiY: im ,:e topu't'lhe cons tl"w.: tlOIl uf btiihlilig .one illid buil~ingtwo on hold until Wendy's parcel is subdivided: I strongly recommend that you streamline /clarify the subdivision process in the future to enhance investment in the Town Center. As it now stands, I find the process to be unnecessarily slow, cumbersome, and counter productive to growth. Clock Tower In regard to the legal description, James Doran Company has been waiting on this from the City for some time, per the last Commission .Meeting in which this was discussed. This only makes sense; James Doran Company cannot .decide ~tow much, if-any, l~d it is deeded.' Also, please note that a storm pipe runs under the.Clock Tower. In our:opihiqn, this'pipe should still be maintained by the City. Perhapsitwo~ld be easier for us to ground lease the land from the City. Please advise. 216 SEVEN F"ARMS DRIVE. SUITE 200 . CHARLESTON, SOUTH CAROLINA 29492 . (843) 881-7550 . FAX: (843) 849-6765 OVERLOOK ONE. 2849 PACES FERRY ROAD. SUITE 310 . ATLANTA, GEORGIA 30339 . (678) 309-9502 . FAX: (678) 309-9503 WWW..JAMESDORANCO.COM -2- You are correct about Item 2 in the August 14, 2003 letter. We will provide you with a drawing. We have been waiting completion of the overall sidewalk design of Main Street. As of our last discussion, this was not complete. Please update me on the status of the sidewalk design. Also, we will need a legal instrument for construction of improvements (seat wall, etc.) on City property. Site Lighting Per your mote recent memo of March 17,2003, I trust John Bates has gotten you the . . necessar;f'1'l1fGrmatiqrdh,,)'lpd'elho mbk~th~ ;,,1ai'ch24~ 2C('~ C01I1~nis.siD:fi..'~{ilt:'eti11g,".Per I . the last Commission Meeting in which this was discussed, any mutually approved lighting solution presented to the Commission would be done so with the full support of the City Manager. Please provide me with a written letter of support so that! am comfortable we are on the same page. Ron, I am eager to put these minor issues behind us and move forward with the development of the Town Center. Also,.please provide me with the attachment referenced in your March 14th memo, I have yet to receive it. Sh e J. oran Senior Vice President SJD:ja cc: Robert Doran: Pete' Harper Leigh Colyer file