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Home My WebLink About2007 12 10 Public Hearing 502 Plans for 338 Unit DevelopmentCOMMISSION AGENDA ITEM 502 Consent Information Public Hearin X Re ular December 10, 2007 Meeting MGR. ~~ /Dept. REQUEST: The Community Development Department -Planning Division requests the Commission consider a PUD master plan, preliminary development plan, and preliminary engineering/subdivision plan fora 338 unit development on approximately 47.09 acres, located on the south side of Shepard Road, north of Florida Avenue, east of Boat Lake, and immediately adjacent to the west side of the Wildwood residential PUD. PURPOSE: The purpose of this Agenda Item is for the to City Commission to consider, approve, approve with conditions and/or modifications, or disapprove PUD master plan and preliminary development plan for 338 units, consisting of 127 town homes (a.k.a. park home units) and 211 patio homes (a.k.a. pull-apart units) on 41.16 acres of the tota147.09 acres. LAND USE AND ZONING DESIGNATION: Future Land Use Desi _ ng ation: Medium Density Residential (3.6 - 9.0 DU/acre) Zonin `PUD' (Planned Unit Development) & `C-2' (General Commercial) Ordinance 2007-25, rezoning the four (4) parcels within Winter Place with a `C-2' designation to `PUD' was considered and recommended for approval by the Planning & Zoning Board on November 7, 2007. First Reading on Ordinance 2007-25 was held by the City Commission on November 26, 2007 with Second Reading/Adoption scheduled for December 10, 2007, concurrent with this agenda item. Existing Development Agreement (modifications pending); Previous Subdivision Plan from the 1980s or before has expired; PUD Master Plan, Preliminary Development Plan, and Preliminary Engineering/Subdivision Plan being considered in this item. APPLICABLE REGULATIONS: Chapter 163, FS Chapter 166, FS Comprehensive Plan Chapter 5, City Code. Chapter 9, City Code. Chapter 20, City Code. Development Agreement of June 14, 2006 December 10, 2007 Regular Item 502 Page 2 of 10 CHRONOLOGY: June 12, 2006- Adoption of the change of Future Land Use from "Industrial" to "Medium Density Residential" on the Dittmer parcels. June 14, 2006- Execution of Development Agreement related to Dittmer parcels. July 24, 2006- Adoption of the change of Future Land Use from "Industrial" to "Medium Density Residential" on the Elsea and Florida Avenue parcels, including certain directives to be subsequently addressed. May 30, 2007 -City Commission directed the applicant to try to work out as many issues as possible with staff before coming back for final concept approval, and requested that the applicant provide a statement from the power company regarding the use of the easement area, as indicated on the concept plan. June 23, 2007 -City Commission approved concept plan, subject to conditions. November 7, 2007 - P & Z recommended approval of Ordinance No. 2007-25 (change zoning to PUD on 4 parcels), Ordinance No. 2007-29 (change Part "A" PUD density), PUD master plan, preliminary development plan, and preliminary engineering/subdivisionplan. November 26, 2007 -City Commission passed first reading of both Ordinance No. 2007-25 and Ordinance No. 2007-29. CONSIDERATIONS: Overview Access to the property is from Shepard Road to the north and Florida Avenue to the south. A 100-foot wide Progress Energy power line easement borders the eastern and northern perimeter of the site and buffers the site from the adjacent residential Wildwood PUD to the east. A combination of commercial and industrial uses border the property to the west along US 17-92. Industrial properties, vacant land, and Highlands Elementary School are to the north along Shepard Road and to the south of Florida Avenue are single family residential homes. One of the City's wastewater treatment plants abuts the southeast corner of the site. The site is currently predominantly open, vacant property (with some structures located along the southern end of the site, near the Florida Avenue ROW) and with some portions containing mature trees. The topography slopes from a highpoint of about 70 feet along the west side to a low of about 39 feet along the east side (under the power line). An existing lake, known as Boat Lake is located along the west perimeter of the property. The water level in Boat Lake, which has a 100-year floodplain elevation of approximately 54 feet, was measured at 48.5 feet on May 4, 2006 (all elevations are NGVD 1929). The tree survey is included in the plan package. The general soil types are labeled on Sheet 2. The soils report, storm-water report, and an environmental survey have not yet been submitted for the project, but are required and will be provided with the final engineering plan submittal. Previous Approvals & Associated Discussion The majority of the site has PUD zoning, thought to be from at least the 1980s. No record of this PUD zoning has been located, except an expired industrial subdivision plan. The other properties have C-2 zoning and need to be rezoned to a PUD designation. 2 December 10, 2007 Regular Item 502 Page 3 of 10 A large scale Future Land Use (FLU) amendment was adopted on June 12, 2006, for the Dittmer parcels, which changed the Future Land Use map designation from "Industrial" to "Medium Density Residential" (3.6 - 9.0 D.U./acre). A Development Agreement was approved on June 12, 2006, before the small scale FLU amendments for the Elsea and Florida Avenue properties (2.93 acres) were heard on first reading (June 26, 2006). The Development Agreement requires a buffer between the proposed project and the properties to the west (6' high wall atop a 5' berm - theberm to include trees, shrubs, and irrigation), dedication of an appropriate amount of land as a park for the residents of the project (to be built pursuant to National Recreation Association standards), and a school mitigation payment of $1,235.00 per unit in addition to the school impact fees. The applicant proposes to modify the buffer, to include a masonry wall along the east and west sides of the subdivision, but without a berm. This was explained to the Commission during the concept approval. Throughout the FLUM amendment process, the applicant and their attorney represented the applicant's request as a proposal for a maximum of 334 (townhouse) units, although neither staff nor the Commission had any objection to 338 units. A proposed code change to the PUD regulations (Ordinance No. 2007-29) is being proposed simultaneously to accommodate the density with the proposed housing unit types. A small scale Future Land Use Map amendment, was adopted on July 26, 2006, for the Elsea and the Florida Avenue properties, which changed the FLUM designation from "Industrial" to "Medium Density Residential" (3.6 - 9.0 D.U./acre). Commission directives (to be included in a subsequent development agreement) require unity of title, removal of the property acreage from the density calculation, provision of adequate easements over the existing ROW should it be vacated, and require that the Florida Avenue properties not be developed with units, but rather be used as a buffer for storm-water or greenspace, due to the Public Works Director's concerns about locating residential units near the existing waste-water treatment plant. During the public hearings for the FLU amendments, the applicant's attorney spoke more than once of excluding these separate properties from the density equation, resulting in no increase in density beyond the 334 number of units proposed. At the land use plan amendment hearings in 2006, as well as during the May 30, 2007 concept plan discussion, considerable discussion was devoted to provision of meaningful open space and green space. PLANNED UNIT DEVELOPMENT PUD Part "A" The City Code provides for two (2) different types of PUD approvals: Part A and Part B. Since the May 30, 2007 Commission meeting, the applicant has announced a preference for Part "A." Subsequently, based on a discussion about which PUD section was most pertinent to the project, the City Attorney opined that the project may proceed under the Part "A" PUD requirements. Section 20-352 of the City Code sets forth the purpose and intent of the Part "A" PUD as follows: (1) "To provide for planned residential communities containing a variety of dwelling unit types and arrangements, with complimentary and compatible commercial centers with supportive residential and/or complimentary and compatible residential and/or 3 December 10, 2007 Regular Item 502 Page 4 of 10 commercial land uses, all designed to promote the public health, safety and general welfare. (2) To allow diversification of uses, structures and open spaces compatible with adjacent land uses. (3) To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open space areas. (4) To encourage flexible and creative concepts in site planning that will allow an increase in the amount and usability of open space that is possible through conventional practices. (5) To encourage an environment of stable character. (6) To encourage a more efficient use of land and smaller networks of utilities and streets than is possible in other zoning districts. (7) To allow for the creation of well-balanced communities that provide basic recreational and supportive facilities. (8) To ensure that development will occur according to the limitations of use, design, coverage and phasing as stipulated on the preliminary and final development plans." Subsection 20-353 (1) states the following about permitted uses in Part "A" PUDs: "Planned residential communities. Residential dwelling units, including but not limited to detached single-family, patio homes, garden apartments, condominiums, cooperative apartments, townhouses, provided that all are compatible with each other; complimentary and compatible supportive commercial and/or industrial land uses designed to create an aesthetically pleasing and harmonious environment." Section 20-351, the definitions section for the Part "A" PUD, currently excludes "Land devoted to schools, utilities and water areas ..." from the gross residential density calculation. The applicant states that 41.16 acres are eligible for density calculations. If approved as proposed, Ordinance No. 2007-29 will amend this language to read as follows: "Gross residential acre. An acre of land committed to the explicit use of residential buildings or structures or which provides access to or contributes to the amenities of residential development, such as parks, open space, parking lots, etc. Land devoted to schools shall not be included. Areas primarily dedicated to water or utility related uses may be included in calculating gross residential acre, if incorporated into a final development plan as a significant amenity to the residential development." "Mixed use residential PUD. A planned residential community which may include any combination of single-family homes, patio homes, townhouses or garden apartments." Part "A" PUDs currently allow a density of 4.5 single family units, 7.0 patio homes, or 10 townhouse units per acre (Subsection 20-354 (b) (4)). If approved as proposed, Ordinance No. 2007-29 will amend Section 20-354 to include language that allows the City Commission to determine mixed use residential PUD density on a case-by-case basis by development agreement. PROPOSED PLAN SUMMARY: The applicant's concept plan consisted of 338 units, comprised of 127 town homes and 211 "pull-apart" (or patio home) units accessed by a private gated entrance off of Shepard Road. This 4 December 10, 2007 Regular Item 502 Page 5 of 10 concept still does not fully reconcile with the City's PUD regulations. Staff proposes amending the density calculation portion of the regulation to be consistent with recent housing demand. The "pull-apart" units have garages that face the street, while the town home units face narrow greenspace areas that open onto the perimeter greenspace/walk. The 211 "pull apart" units (150 with 2-car garages; 61 with one car garages) are predominant throughout the project. The 127 town home units (52 with 2-car garages; 75 with one-car garages) have garages that open onto alley-ways and are arranged in a U-shape at the southern end of the site, near the storm water ponds, the sewage treatment plant site, and the southern exit onto Florida Avenue. The "pull apart" units utilize 22' long driveways between the garage door and the sidewalk. The plan states there are 361 driveway parking spaces, in conjunction with 212 on-street parking spaces, for a total of 843 parking spaces. The 136 single car garage units comprise 40 percent of the units (75 town homes/park homes and 61 patio homes/pull-aparts = 136; 136/338 = 40 %). A recreation area is located on the east side of Boat Lake and is connected to a perimeter green- space and walking trail. Although no units front on the recreation area, it has been designed so that only 6 driveways directly face the recreational area. There appears to be a good connection to and from the proposed open space/trail facility under the power line. The plan includes deviations from the City Code, such as on-street parking (both parallel and 90 degree), narrow right-of--way (ROW) and travel lane widths. Deviations from the Code may be granted if enabling language exists for inclusion in an amendment to the existing development agreement. The plan also proposes to modify the provision in the existing development agreement for a buffer wall along the western property line in lieu of the 5 foot tall berm and 6 foot tall wall combination in the approved but not executed development agreement. TRANSPORTATION CONSIDERATIONS: Ingress / E rgress: The development proposes to have all of its direct ingress through the main entrance located on the south side of Shepard Road. Shepard Road is a City collector road. Egress is proposed onto Shepard Road at the main entrance and onto Florida Avenue, located at the south end of the site. Florida Avenue is a County controlled local roadway. County approval will be required for any access off of Florida Avenue to or from the site. Both the Shepard Road and Florida Avenue access points are proposed to be gated, and all streets within the subdivision will be privately owned and maintained. Traffic Impacts: A traffic study has been submitted by the developer's traffic engineer for Staff review. At buildout, the 338-unit development generates a total of 2,853 daily trips, 283 PM peak-hour trips, and 220 AM peak-hour trips. For calculating trip generation, the 211 "pull-apart" units have been considered to be single family detached units generating 9.79 daily trips per unit, while the 127 townhome units use the standard townhome trip generation rate of 6.19 daily trips per unit. 5 December 10, 2007 Regular Item 502 Page 6 of 10 The traffic study indicates that US 17-92 from Shepard Road to SR 419 is a constrained roadway segment under existing conditions. This segment of 17-92 currently operates at level-of-service (LOS) F under both average daily and PM peak hour conditions. The City's Comprehensive Plan (Policy l.l.l) requires a minimum of LOS D to be maintained on all arterial streets, based on the FDOT LOS Handbook. The table below summarizes the current and proposed operating conditions on US 17-92 from Shepard Road to SR 419, as provided in the traffic study. US 17-92 from Shepard Road to SR 419 Summary of Existing and Proposed Traffic Conditions Average Average Surplus PM Peak Hour PM Peak Surplus Daily Daily (Deficit) Peak Direction Hour (Deficit) Capacity Traffic Capacity at Volume at LOS D Volume LOS D Existin Traffic 35,700 45,481 9,781 1,860 2,351 (491 Existing + Growth + Pro'ect Traffic 35,700 47,239 11,539 1,860 2,454 594) Seminole County is planning a project to widen US 17-92 from Shepard Road north to Lake Mary Boulevard from four to six lanes. When completed, this widening project is expected to restore an acceptable level-of-service (LOS D or better) to the segment from Shepard Road to SR 419. However, this project is not funded for construction within the next five years and thus cannot be used to satisfy concurrency requirements at this time. Concurrency refers to the availability of public facilities and services at acceptable levels-of- service at the time of development. The City Staff performs a concurrency evaluation for all development applications in the areas of water, wastewater, transportation, stormwater, solid waste, parks, and school capacity. Winter Place fails to meet transportation concurrency due to the constrained roadway segment at US 17-92 from Shepard Road to SR 419. City Staff will be meeting with Seminole County and FDOT to determine the available mitigation options. Until an acceptable mitigation plan is identified, Winter Place does not meet concurrency and any preliminary or conceptual approvals by the City should not be considered as issuance of a concurrency certificate. Right-turn Deceleration Lane at Shepard Road: The traffic study indicates that there will be a total of 150 PM peak-hour right turns into the development off of Shepard Road. Aright-turn deceleration lane is required at this location, in accordance with City Code Section 9-206.b. Bus-stop Location: Transportation Element, Policy 1.6.2 requires residential developments greater than 200 units to incorporate a bus stop location. Policy 1.6.5 states that bus stops are to include benches, signage, lights, protection from the elements, and are to be convenient for the handicapped. 6 December 10, 2007 Regular Item 502 Page 7 of 10 The current plans show a bus stop immediately adjacent to the roundabout near the main entrance to the development. It is anticipated that this bus stop would primarily function as a school bus stop. The bus stop should be moved away from the roundabout for better pedestrian safety and roundabout operation. First, pedestrians should not be located at the outer edge of a roundabout's circulatory roadway, which would occur with the proposed bus stop. Vehicles entering the roundabout at too high of speed may put pedestrians at the bus stop at unnecessary risk. Second, pedestrians should be directed away from a roundabout's circulatory roadway and central island. Having a bus stop adjacent to a roundabout encourages pedestrians to cross through the roundabout at unsafe locations. Finally, no vehicles should be stopped in roundabouts, including buses, to maintain free-flow operating conditions and to prevent vehicle queuing within the circulatory roadway. Pedestrian Connectivit ty o Major Pedestrian Attractors: The Transportation Element contains policy requirements for bike and pedestrian paths as well as consideration of public transit. Policy 1.5.13 requires new residential development with densities of one or more dwellings per acre to provide sidewalks on both sides of every street. Pedestrian mobility is also greatly influenced by the availability of adequate sidewalks and other pedestrian facilities between new development and pedestrian attractors. Staff has identified two pedestrian attractors within the vicinity of the Winter Place PUD: Highlands Elementary School and LYNX Bus Route 39 (runs N-S along U.S. 17-92). LYNX Bus Route 39 stops are currently located approximately '/4 mile of both the north and south exits of the development. However, there is no sidewalk along Florida Avenue or along the south side of Shepard Road between Wildwood subdivision and U.S. 17-92. Extension of the sidewalk from Wildwood would complete the pedestrian link to Highlands Elementary. Addition of a sidewalk between the development and U.S. 17-92 along the north side of Florida Avenue and the south side of Shepard Road will provide pedestrian connectivity to the overall transportation system, including linkage to the future commuter rail system. Transportation Element, Policy 1.5.3 states, "The City shall ensure the provision and maintenance of bicycle and pedestrian walkways to supplement collector roads between residential areas and parks, schools, and other major attractors..." and Transportation Element, Objective 1.6 states, "Public Transit. The City shall work with LYNX to provide a safe and efficient public transit system, based on existing and proposed major trip generators and attractors, land uses." Staff proposes that up-grades be made by the developer to at least one of the existing LYNX stops along 17-92. Pedestrian Refine at Main Entrance: The main entrance at Shepard Road consists of four lanes and a center median. To improve pedestrian safety, the center median should be extended towards Shepard Road to the extent possible to create a pedestrian refuge area within the crosswalk across the main entrance. 7 December 10, 2007 Regular Item 502 Page 8 of 10 STORMWATER CONSIDERATIONS: Stormwater for the developed portion of the property will be collected and piped to a single wet detention pond located at the southeast corner of the site. The proposed wet detention pond has a proposed outfall pipe that connects to an existing 29" x 45" City stormwater pipe in Meadowbrook Drive. The applicant will need to demonstrate in the stormwater report (to be provided with the final engineering submittal) that the downstream offsite stormwater facilities have sufficient capacity. The post-development stormwater discharge rate must be equal to or lower than the pre-development discharge rate for the 25-year, 24-hour design storm. The stormwater system will be required to meet all City and SJRWMD requirements, including the requirement for post-development phosphorous discharge to be equal to or lower than the pre- development phosphorous discharge. STAFF COMMENTS AND RECOMMENDATIONS: The existing development agreement requires a 5-foot tall berm with a 6-foot tall wall along the western property boundary. At a 3:1 horizontal to vertical slope, the berm would extend at least 30 feet inward from the western property line. A flat area on top of the berm (where the wall will be located) would require the berm to be even wider. The proposed concept layout does not provide enough width along the western property boundary for this berm. In fact, given the scale of the plan, 30' extends over the trail and into the buildings and vehicle accommodation areas. The applicant has proposed to replace the berm, wall, and plantings buffer proposal with a wall and plantings. Staff is of the understanding that the wall is proposed to be eleven (11) feet tall. The Commission heard the proposal as part of the non-binding conceptual review. The Planning and Zoning Board disagreed with the 11' wall proposal. Ordinance No. 2007-29, if adopted as proposed, promulgates a text amendment to the PUD "A" requirements consistent with current residential trends, including Winter Place. Staff advised the applicant that the May 30, 2007 Commission vote included documentation from Progress Energy stating what is and what is not allowed in the power line (transmission line) easement. Attached is a print-out from the Progress Energy website, stating what is allowed in their easements. FINDINGS: 1. The proposed development is in the U.S. 17-92 CRA. 2. The proposed development has a Medium Density Residential Future Land Use designation, which allows a residential density range of 3.6 to 9.0 dwelling units per acre. 3. The majority of the parcels (7) have PUD zoning; the other 4 parcels have C-2 zoning and are in the process of being rezoned to PUD (Ordinance No. 2007-25 passed first reading on November 26, 2007 and is scheduled for second reading on December 10, 2007). 4. There is an existing draft development agreement on the Dittmer parcels; Commission directives for a development agreement were given related to the Elsea and Florida Avenue properties, but a development agreement has not been drafted or executed. The applicant proposes to amend the development agreement to provide a wall and landscaping in lieu of a 6' tall wall on a 5' tall berm and plantings. 8 December 10, 2007 Regular Item 502 Page 9 of 10 5. Any deviations from the Code must be addressed through a development agreement, special exception, variance, or some other appropriate mechanism. 6. The City Attorney has opined that the applicant's choice to pursue the Part "A" PUD is appropriate. 7. Both PUD sections (Part "A" and Part "B") of the City Code set forth maximum density for different housing types and disallow certain areas from the density calculation. The densities and areas allowed for density calculation are different in the Part "A" and Part "B." Ordinance No. 2007-29, which, as proposed, will amend the Part "A" PUD density calculations and is scheduled for adoption on December 10, 2007. 8. Certain areas of the subject property were voluntarily excluded by the applicant's counsel from density calculations on June 26, 2006 at the public hearing. 9. An existing transportation concurrency deficiency exists for a pertinent segment of 17-92 (Shepard Road to SR 419) and an acceptable mitigation strategy must be determined and must become a part of the final engineering/subdivision approval. 10. Transportation improvements will be required to reduce traffic impacts and support pedestrian connectivity to major pedestrian attractors as required under the comprehensive plan. RECOMMENDED CONDITIONS OF APPROVAL: 1. Rezoning the proposed 4 parcels from C-2 to PUD (Ordinance No. 2007-25). 2. Adoption of the proposed PUD text amendment (Ordinance No. 2007-29). 3. The bus stop shall be moved away from the roundabout for better pedestrian safety and roundabout operation. 4. At the Shepard Road entrance, the median shall be extended toward Shepard Road to provide a pedestrian refuge area for pedestrians crossing the four lane entry road. 5. A 5' wide concrete sidewalk shall be provided along on the south side of Shephard Rd between Wildwood and U.S. 17-92 and a 5' wide concrete sidewalk shall be provided along the north side of Florida Avenue between the Winter Place PUD egress street and U.S. 17-92. 6. Aright-turn deceleration lane shall be provided on Shepard Road at the main entrance. 7. Improvements shall be made to at least one existing LYNX stop along U.S. 17-92. 8. A transportation concurrency mitigation plan addressing the roadway capacity deficiency on US 17-92 shall be identified and approved by the City Commission before or at the time of final engineering approval. 9. The stormwater treatment facilities shall be designed to have the post-development phosphorous discharge equal to or lower than the pre-development phosphorous discharge, using current SJRWMD design criteria. 10. Any deviations from the Code (e.g. roadway standards & 11 foot tall wall) must be addressed through a development agreement or other acceptable legal mechanism at the time of the final engineering/subdivision approval. PLANNING AND ZONING BOARD ACTION: At its November 7, 2007 meeting, the Planning and Zoning Board voted 4-0 to recommend approval, with the condition that there be a berm and wall combination instead of just an 11' tall wall. 9 December 10, 2007 Regular Item 502 Page 10 of 10 RECOMMENDATION: The Planning and Zoning Board and Staff recommend the Commission consider, provide comment on, approve with the above-listed conditions, the PUD master plan, preliminary development plan, and preliminary engineering/subdivision, with the inclusion of the berm and wall combination in lieu of just an 11' tall wall. ATTACHMENTS: A -Location Map B -June 26, 2006 Commission Minutes C -July 24, 2006 Commission Minutes D -May 30, 2007 Commission Minutes E -July 23, 2007 Commission Minutes F -Development Agreement, executed on June 14, 2006 G -Progress Energy Easement print-out H -November 7, 2007 P&Z draft Minutes I - PUD Master Plan, Preliminary Development Plan, & Preliminary Engineering /Subdivision Plan COMMISSION ACTION: 10 `° • 1 IvI~LE• ~' • ,~ NOTES: m. • ~ Municipal Address Map Book ° ~'D0 '0° . 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Office Of City Commissioner Joanne M. Krebs Requests That The City Commission Listen To City Of Winter Springs Resident Katie Tortosa's Presentation On Issues Related To Preserving The Beautiful Environment Of The City Of Winter Springs, Florida. As noted earlier in the Meeting, this Agenda Item was to be rescheduled to a July 2006 City Commission Regular Meeting. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-05, A Small Scale FLUM (Fntare Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Eloise Sahistrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MILLER SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Deputy City Clerk Fran_klir_ read Ordinance 2006-OS by "Title" only. Ms. Sahistrom stated, "This did go before the Local Planning Agency. Their recommendation for this Land Use action was to disapprove it. Their concerns were related to the loss of Industrial land which was also their concern with the Large Scale Amendment. Then also, compatibility with the adjacent Wastewater Treatment Plant. CITY OF WINTER SPRINGS, FLORIDA MINtICES CCTY COMMISSION REGULAR MEETING -TUNE 26, 2006 PAGE 4 OF 31 I will make mention at this time that [Mr.] Kip Lockcuff [P.E., Director, Public Works/Utility Department] has indicated a concern relating m the use of this property if it were to have townhomes built on it. Because of incompatibility with the Wastewater Treatment Plant, but if it were to remain as retention or common area, he would not have a concern. Staff does support the change of the Land Use. We don't know how the Applicant would intend to use it at this time as we have not seen any projected Site Plans or anything like that. So, Staff does recommend approval of the Land Use Amendment based on the Findings that we've included in the Agenda packet." Discussion. Deputy Mayor Blake asked, "Kip [Lockcuff], you are talking about a concern of the adjacent Uses over here? Where exactly in this triangle is the most intensive part of the Wastewater Treatment Plant?" Mr. Loekcuff stated, "The package plants are located generally right here, we have some storage tanks here. We da have a holding pond here, that we do at some point foresee using that access as an egress and ingress to the plan" Furthermore, Deputy Mayor Blake asked, "Is that Florida Avenue? Is that a County road or do we have - an Interlocal [Agreement] on that to maintain it? And, what is the status there?" Mr. Lockcuff stated, "It's a County road." Deputy Mayor Blake asked, "Would the City be taking over this portion back here? Or, would that continue to exist or is the Applicant envisioning a request to vacate the right- of-way?" Mr. LockcufF commented, "They've requested to vacate the right-of--way. We've requested that we retain an egress and ingress Easement and a Utility Easement over that fifty foot (50~ right-of-way." Deputy Mayor Blake then inquired, "Or, if not there, some place within that corridor? Have there been any discussions there?" Mr. Lockcuff answered, "No, we have existing utility lines serving Kia, but the egress and ingress could move though." Further discussion. Mayor Bush opened the "Public Input "portion of the Agenda Item. Ms. M. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed. P.A.. 215 North Eola Drive, Orlando, Florida: representing the Keewin Real Property Company, Ms. Furman commented that "These properties were put under contract and then we've made this Application in order, really in response to the Staff's concern over this little piece being left as an Industrial enclave. It really didn't make a lot of sense to have this Industrial, these two (2) small Industrial properties right next to the Single-Family. So, that's why we brought them in; it's not to increase our density. I know that some of our applications have shown that our intention was somewhere in the number of three thirty four (334}. Cl?Y OF WIMER SPROdGS, FLORIDA MMUIFS CITV COMMISSION REGULAR MEETIlVG -TUNE 26, 2006 PAGE 5 OF 31 We'll bring a Site Plan and the PUD (Planned Unit Development) back before you all, but it's not our intention to increase that. It was actually to respond to the Staffs concerns. We would like to be able to put retention or open space, something like that, but having not gone as far as to understand the hydrology yet and the topography of how you could actually put it there, we don't know if anything would go there, if nothing would go there, but we certainly are intending on having units all the way down there." Commissioner Gilmore asked, "Does that apply to both [2006-]OS and [2006-]06, or just [2006-]OS?" Ms. Furn~an replied, "Not to '06 and I'll speak to that or I'll speak to it then. That actually squares out the property and with the Staffs suggestion we agree that makes a lot more sense to bring that in. So, it wouldn't increase, we're not asking for an increase of the density, but it may be spread out over that parcel." Deputy Mayor Blake asked Attorney Gazganese, "This parcel that's under consideration currently - if we had a different designation on that, that wasn't low-density or some Residential Land Use, say for instance, if it was required to be Ieft in either conservation or open space or could only be used for green space or retention, would those acres be included in the overall density development?" Attomey Garganese stated, "We can address that, those issues in a Development Agreement " Deputy Mayor Blake asked, "But would it change the actual Future Land Use designation that we might put on it today? What I am looking for is some level of surety that this parcel or these two (2) parcels aren't actually going to be developed with units, but would act as a buffer, as green space, it would provide the issue with utilities, it would provide some sort of a green space buffer for the residents that live there and still can provide the open space requirements that they might have or retention without. Because - we aze talking about tonight, not the Site Plan, we are talking about the Land Use designation." Attorney Garganese noted, "And this issue came up this afternoon. I talked to Becky [Furman] about it and I was looking through the Comprehensive Plan to see if there was something we could do by changing the Future Land Use designation, but given the amount of time we discussed it today, one thought I had was doing a Unity of Title Agreement which would require the Property Owner to unify all of this property as one Development project and then place limitations. Because they're going to be going through - a PUD (Planned Unit Development) process. In the Unity of Title Agreement, we can place limitations on this property, for example, saying it could be used for Stormwater purposes, perhaps. And - if you have some green space requirements, we could certainly put that in the Unity of Title Agreement. And -with respect to density calculations, I guess you want to exclude those, right?" Deputy Mayor Blake stated, "WeEi, that is the question -how it would normally be done if we didn't go through the steps that you were just talking about. Now, would it be part of the density calculations?" Attorney Gazganese answered, "I would think we can agree to that beforehand." Ms. Fun~nan stated, "We'd be happy to agree to that. That's not our purpose." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 26, 2006 PAGE b OF 3l Ms. Furman added, "I looked at your open space requirements because I didn't want to agree to open space and then find out that if it's designated open space we can't give you all access across open space. Certainly, not across Conservation. We wanted to be able to put Stormwater because, I mean, economically we are purchasing these pieces of property and we're not just purchasing them to be a buffer, and if they do have some use that's not intrusive to those neighbors, we'd like to be able to use it to benefit the property." Attorney Garganese stated, "So, the answer is, I mean if you want to condition this approval on putting a Unity Title or Development Agreement together in advance of their PUD (Planned Unit Development) submission, we could go ahead and do that between now and Second Reading: ' Commissioner Sally McGinnis stated, "What would be the Future Land Use designation - that's what you're just dealing with?" Attorney Garganese stated, "You would keep it as proposed at what Staff is supporting, however it's going to come with limitations that would be in the form of a Development Agreement." Ms. Furman stated, "Well, PUD's (Planning Unit Developments) even have several Uses - different Comp[prehensive] Plan designations also get a little tricky. Again, we're just talking about the -O5, I mean, we are planning on putting units on -06" Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: as a resident and representing the Highlands Homeowner's Association, Ms. Schwarz mentioned historical references and expressed opposition to this project. Mayor Bush closed the "Public Input"portion of the Agenda Item. Regazding comments from Ms. Schwarz, Commissioner Robert S. Miller commented that "Mayor, I just wanted to point out that all of these Hearings on these discussions have all been in an open forum and the Highlands have been invited to all of these. So, I think the fact that the statement was just made that, you know, then contribution has been totally ignored or they don't have any say in this matter, I don't think that's appropriate. I would like to make sure the Record reflects that -they have been notified about all these issues and they've attended them all. And, this thing about the Golf Course, I find very troubling because I think the City has bent over backwards to try and make that an issue that is going to turn out well for the City of Winter Springs and for the Highlands. So, I don't really understand what their issue is with regard to the Golf Course. I'm as interested in making sure that either stays a Golf Course or if it doesn't, that the City purchases that property and turns it into pazk property of some form that the entire City would get to benefit from. CrrY OF w1NTER SPRINGS, FIARIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 26, 2006 PAGE 7 OF 31 And, we've had that discussion here one or two times, I've raised that several times, but yet it -continues to be ignored and presented to the people of Highlands as if this City Commission is only interested in developing that as residential property and that is not the case. So, I'd like that to be put on the Record very clearly. And, I hope that we don't get more criticism for abandoning the Golf Course because that is not the case." Ms. Sahlstrom stated, "This piece of property has been cleared It's got a few trees on the perimeter, but primarily it's been cleared • it could act as a buffer from distance point of view, bui it would have to be re-vegetated to be a visual buffer." "I MAKE A MOTION THAT WE MOVE TO A -SECOND READING FOR ORDINANCE 2006-05..." MAYOR BUSH ASKED, "...COMMISSIONER, DID YOU WANT TO INCLUDE WHAT ANTHONY [GARGANESE] RECOMMENDED ON UNITY OF TITLE...?" COMMISSIONER MILLER STATED, "YES, WITH THE UNITY OF TITLE.. " ATTORNEY GARGANESE STATED, "...NO RESIDENTIAL UNITS; STORM WATER WOULD BE OKAY, BUT NOT INCLUDED IN THE DENSITY CALCULATION FOR THE OVERALL PROJECT..." COMMISSIONER MILLER STATED, "...TO INCLUDE NOTICE, ISSUES, THOSE QUESTIONS." ATTORNEY GARGANESE STATED, "YES, SIR" MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HLARIIVGS 201. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-06, A Small Scale FLUM {Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Oae {1) Parcel Totaling i.72 Acres, Located At 1228 Florida Avenue From (Winter Springs} "Industrial" To {City O! Winter Springs) "Medium Density Residential". Mayor Bush said, "Can we have a Motion to read by `Title' only?" CRY OF WRJ7'ER SPRINGS, FLORIDA MINIJ7'6S CITY COhIINISSION REGULAR MEETING -JUNE 2b, 2006 PAGE B (?F 31 "SO MOVED:' MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-06 by "Title" only. Ms. Sahlstrom stated, "'This Item also went to the Local Planning Agency and for the same reasons as previously stated or the other one was recommended for denial with a Vote of four to one (4-1) and concerns were related to the loss of Industrial property particularly related to the Large Scale Future Land Use Map {FLUIv>7 Amendment as well Staff does, however, recommend approval of this, given that it does square off - a development that you've .already approved for anAmendment -that completely surrounds it on three (3) sides and we would not want to see an enclave of Industrial in the middle of all of that. And, the Comp[prehensive] Plan supports removal of incompatible Uses and we would feel that this would remain as an incompatible Use and therefore it's very much justified; and the Findings are included in your Staff Report based on the .Criteria stated in the Code and we believe this property does meet the Criteria for a change of Land Use." Commissioner Gilmore asked Ms. Sahlstrom, "In the Findings, and this appears in most of them, it says, `At such time as the site develops the proposed Development will be required to meet Concurrency standards'. If the State passes the Concurrency law, let's say in early [20]'08 and this project doesn't go until [20]'08, does that mean that they would have to meet the School Concurrency standards at that time?" Ms. Sahlstrom answered, "We do have Concurrency standards in place now, if you are speaking to the School one year, right, it will not be passed until [20]'08. We will have to meet the Concurrency standards that are implemented in our Comp[pcehensive] P1_?r! part of that [20]'08 requirement. Whatever those requirements are -this would need to be met, if this is not approved as the Site Plan prior to that Comp[prehensive] Plan language being implemented." Conunissioner Gilmore asked, "'The word was `site develops'. What does `site develops' mean?" Ms. Sahlstrom replied, "Well, when it comes through Development Review and it comes to you for Final Engineering approval, then it's given the `Okay' to develop according to those plans." cmr of WINTER sPR1NGS, FLORroA MINIJres CITY COMMISSION REGULAR MEETING -JUNE 26, 2006 FAGE 9 OF 31 Continuing, Commissioner Gilmore then inquired, "So if they don't have that all done by, let's say the time the State puts through Concun*ency, they may have some difficulties?" Ms. Sahlstrom stated, "I think you have a good point, the word `develops' is not the best word to be used." Manager McLemore stated, "I appreciate Eloise's [Sahlstrom] statement, but this is a legal question and I think that the City Attorney should answer this question. I would like to rei#erate what the School Board said the other night, is that Concurrency, based on the way they have developed an Ordinance at this point in time, would involve either them being able to meet their enrollment requirements or some type of mitigation." rea use s Attorney Garganese stated, "There's no clear answer right now on which properties get in under the wire and which properties don't. I mean you're in the process of putting together an Cnterlocal Agreement on School Concurrency and -it's going to be very factual -which properties get in and which properties don't, under what's going to be adopted eventually. Can't give you a clear answer right now." Deputy Mayor Blake stated, "I just want to clarify something. Eloise [SahlstromJ, you mentioned that the property is surrounded on three (3) sides by a separate or a different Land Use" Ms. Sahlstrom stated, "Right, based on your Action at the last Meeting where you Approved the Large Scale Amendment..." Deputy Mayor Blake replied, "...But, all we Approved was the Transmittal." Ms. Sahlstrom stated, "You Approved the Adoption of it and it's being transmitted to the State for final `Letter of Intent of Compliance' which has not been put forth by the State yet " Discussion. Continuing, Dcputy Mayor Blake staled, "My only concern is that if one of the basis for which we're changing the Future Land Use of this Item which doesn't go through that same Large Scale process, that I would want to make the actual effective date of this change, one that would coincide with the removal of the challenge period on the Large Scale plan. That would avoid a reverse situation problem where if the other one for some reason was challenged, was overturned, for whatever reason, then we don't have -the same Residential Land Use surrounded by Industrial." Attorney Gazganese, "So, you're willing to have an additional, Conditional Effective Date language in there for 2006-06..." Deputy Mayor Blake added, "...Yes, instead of thirty-one (31) days after Adoption, have it coincide..." Attorney Gazgazese said, "...With the effect, when the Ordinance 2005-29 becomes effective." Deputy Mayor Blake replied, "Yes." Brief discussion. CITY OF WINTER SPRINGS, FIARIDA MRQUTFS CfrY COMMLSSION REGULAR MEETING - JLiTJE 26, 2006 PAGE t0 OF 31 Mayor Bush opened the "Public Input " portion of the Ager:da Item. Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: representing the Highlands Homeowner's Association and speaking as a resident, Ms. Schwarz noted opposition to this project. Mayor Bush closed the "Public Input"portion of the Agenda Item. Discussion. "MOTION TO MOVE TO SECOND READING:' MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MII.LER. DISCUSSION. "MOTION TO AMEND - I MOVE WE AMEND THE MOTION TO INCLUDE THE NEW DESCRIPTIVE LANGUAGE FOR THE `Effective Date' THAT THE ATTORNEY WILL CRAFT AND BRING BACK ON SECOND READING." AMENDMENT TO THE MOTION BY DEPUTY MAYOR SLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS:.NAY MOTION CARRIED. DEPUTY MAYOR BLAKE STATED, "THE MOTION THAT IS ON THE FLOOR CURRENTLY AS AMENDED IS TO BRING THE ITEM BACK TO A SECOND READING AS PRESENTED WITH THE ADDITIONAL LANGUAGE THAT WHEREBY THE `Eff'ective Date' OF THIS LAND USE CHANGE WILL COINCIDE WITH THE ULTIMATE `Effective Date' OF A LARGE SCALE AMENDMENT THAT WAS PRESENTED..." COMMISSIONER KREBS ASKED, "...UNITY OF TITLE...?" DEPUTY MAYOR BLAKE STATED, "THAT HAS NOT BEEN PART OF THE MOTION." ATTORNEY GARGANESE STATED, "THE APPLICANT IS SAYING, `NO, THEY CAN'T DO THAT." CITY OF WINTER SPRINGS, FIARIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 26, 2006 PAGE 1 i OF 31 MS. FURMAN STATED, "WE CAN'T DO IT BECAUSE IT'S A DIFFERENT PROPERTY OWNER AND WE HAVE DIFFERENT OBLIGATIONS AS TO CLOSING THAT PROPERTY. SO, WE WILL NOT OWN TITLE ALL AT THE SAME TIME TO THESE PROPERTIES. WE WILL AS TO THE LARGE SCALE AND WE WILL AS TO THE SMALL -AND WE CAN PUT THOSE ALL TOGETHER, BUT IT MAY BE A COUPLE OF YEARS." ATTORNEY GARGANESE STATED, "THAT WAS A TECHNICAL DETAIL THAT 1 WANTED TO WORK OUT WITH THE APPLICANT, BECAUSE WE NEED TO KNOW WHEN THEY'RE GOING TO BE CLOSING ON THESE PROPERTIES. BECAUSE IN ORDER FOR THEM TO DO UNITY OF TITLE, I DON'T WANT TO BOG THE COMMISSION DOWN WITH THAT ISSUE. BUT, I THINK IF IT'S POSSIBLE TO DO UNITY OF TITLE, SO IT'S ALL ONE BIG DEVELOPMENT PARCEL AND COINCIDES WITH THEIR CLOSING, WE'LL PUT THAT IN THE AGREEMENT." DEPUTY MAYOR BLAKE STATED, "IT'S REALLY RELEVANT TO THIS PIECE AS WELL, MAYOR, BECAUSE THE PURPOSE OF DOING THAT WAS REALLY TO PROTECT AGAINST ANY DEVELOPMENT OF THAT PARCEL RIGHT THERE, BUT TO USE IT FOR GREEN SPACE..." MS. FURMAN INTERJECTED, "...I AGREE WITH COMMISSIONER BLAKE..." DEPUTY MAYOR BLAKE CONTINUED, "...OR THE DRAINAGE, OR YOU HAVE TO MAINTAIN THE ACCESS EASEMENT FOR THE CITY'S USE FOR THE CITY'S BENEFIT." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. PUBLIC HEARINGS 202. Not Used PUBLIC HEARINGS 203. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2006-09 Which Rezones 2.85 Acres (More or Less), Located At 1057 U.S. Highway 17-92 North From "C-2 General Commercial" (Winter Springs) to "I-1 Light Industrial" {City Of Winter Springs). Attorney Garganese read Ordinance 2006-09 by "Title" only. ATTACHMENT C Cn'Y OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 24, 2006 PAGE S OF 39 Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: presented the City with a way, to save the City money by providing a step for the men's restroom; along with a sign. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: inquired about the status of funding for the extension of Orange Avenue, and noted that it would provide an alternate access point. Ms. Helga Schwarz, 2200 Shepard Road, Winter Springs, Florida: representing the Highlands Homeowner's Association's, Mayor Bush stated, "She did not want to address the Commission; she is submitting Highland HOA's [Homeowner's Association's] continued objection to Ordinance 2006-05, 2006-06." PUBLIC ~IEARINGS AGENDA PUBLIC HEARINGS 200. Not Used. PUBLIC HEARINGS 201. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption Of Ordinance 2006-OS, A Small Scale PLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From {Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-OS by "Title" only and stated, "There is a revised Ordinance per the Commission's direction on the last time this was considered. Section 9. Effective Date will include a sentence that reads, `In addition, even if this Ordinance is found to be in compliance per a final order as provided above, this Ordinance shall only take effect at such time that Ordinance - 2005-29 becomes effective' ." Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Mayor Bush opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input "portion ojthe Agenda Item. CITY OF WINTER SP1tRdG3, FlAR1DA MII~IUTES Cl'rY COMMISSION REGULAR MEETING - n1LY 24, 2006 PAGE 6 OF 39 "I WILL MAKE THE MOTION THAT WE APPROVE ITEM `201':' MOTION BY COMMISSIONER MILLER SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGIIVNIS: AYE COMMISSIONER KREBS: NAY DEPUTYMAYOR BLAKE: AYE MOTION CARRIED. PUBWC HEARINGS 202. Community Development Department -Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption of Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One Parcel Totaling 1'.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-06 by "Title" only. Ms. Sahstrom brief addressed the City Commission on this Agenda Item. Mayor Bush opened the "Public Input"portion of Jhe Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portron of the Agenda Item. ~~I WILL MAKE THE MOTION THAT WE APPROVE ITEM `202':' MOTION BY COMMISSIONER MILLER SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese said, "]ust for the Record, that will include the Conditional Effective Date I read into the Record for the prior Ordinance." ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 14 OF 23 REGULAR 606. Community Development Department Requests The City Commission Consider A Conceptual Development Plan For A 348 Unit Town-House And Patio Home Development On Approximately 47.04 Acres, Located On The Soath Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood Residential PUD (Planned Unit Development). Mr. Baker presented this Agenda Item and displayed an aerial view of the property site and•said, "We do recommend Approval subject to a lot of our Staff Conditions." Deputy Mayor McGinnis said to the Applicant, "You may not be aware of this, but the Attorney sometime in our past, did say that they would be willing to have a charette. Are you aware of that? Are you still willing to do that?" Mr. David Evans, Evans Engineering 719 Irma Avemte, Orlando, Florida: stated, "Yes, we are very aware of the Public Meeting that we intend to have just following this Meeting." Mr. Stevenson addressed this proposed project. With regard to the Easement, Mr. Evans said, "Under that power line Easement, what we intend to do is to provide some walking areas, some dog parks. There is a -nature trail that runs through there and actually surrounds the entire piece of property so it's part of that. It will be green and open and obviously because it is a power Easement, we are not allowed to build any structures underneath there" Mr. Randy Stevenson, ASLA, Director, Community Development Department noted for the Record suggestions from Staff on this project. Mr. Steve O'Dowd, Engineered Homes and Communities, 1155 Semoran Boulevard, Winter Park Florida: addressed the City Commission on this project. Tape 2/Side A DiSCIi5S1Un. Mr. O'Dowd said, "So, our concept took a look and as I show you these concepts, I do want to put one caveat here. The one's you are going to look in these concepts, right there and right here, is not the architectural style. These aze buildings that we're able to put in - we have not determined yet the 5nished style of what we're going to do. But, you can ai least, as we're looking at this, see the concept and the way things fit together. i~ i~9••e ~.~..~ CITY OP 1VINTER SPRMGS, FLORIDA MRJUTES CITY COMMIS310N SPECIAL MEETING -MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE IS OF 23 Continuing, Mr. O'Dowd noted, "We can also provide Workforce Housing and our ., definition of Workforce Housing is, where do we put our civil servants? Where do we put our teachers? We're very involved as a company with Seminole County Schools, ~ with Seminole County Sheriffs Department and Fire Department in ot~'ering incentives ~~ for their people to come and live in our communities. So, we want to be able to have that 1''" ~a type housing so that they can live there. We also want to have premium open space." ~ Mr. O'Dowd commented, "On the three (3}story product, the townhouse product, this is a product that you're very much used to across the street. And what our proposition is ,.. with that, different than they're built across the street, is we're looking at these products, the fronts of these products, as not fronting a road; like you would have at a heavy, large city, say Chicago or somewhere. We're looking at this forming agreen -area or a garden area or whatever, where front doors are walked up to through a beautiful landscaped area, and then there's an adjoining alley between every group of units. And again, this cluster right here, just flips and just flips again and flips again so that people can enjoy this." Discussion. 1VIr. O'Dowd remarked, "And so as that paseo makes its way through between those houses, what we're planning on doing is actually building, with each of these groups, building different looking park settings in the center. Different configurations, squares, curves, ovals, diamonds; and landscaping these to where these residents can actually share these and interact with each other. Further comments were made. IVIr. O'Dowd then explained, "Each unit, each home, has it's own driveway. And that's very important. Each home has it's own garage and each home has it's own driveway. And each driveway is designed set back from the front of the home. And this is how we get away from having this be nothing but a scene of front garage doors, front doors and roof - is we push that back in all cases, every case where you see a driveway; we push it back allowing enough room for cars to park on the driveway, in front of the sidewalk, so we don't have any sidewalks that are impeded. And we have every home having its own area to park. We also have auxiliary pazking that's planned in the development that we'll see later on." lVfr. O'Dowd pointed out, "We allow -twenty-two feet {22') from the sidewalk to the garage door, in every case minimum" Furthermore, 1VIr. O'Dowd explained, "And you can see, we have planned trash receptacles. So, we don't have problems with these just stacking up in the front and have it look undesirable from the very beginning. The other thing is air conditioning compressors are already placed so we don't have a problem with that." CrrY OF WINTER SPRINGS. FLORIDA MINUTES CrrY COMMISSION SPECIAL MEETING -MAY 30, 2007 (CONTQJUATION FROM THE MAY 29, 2007 SPECL4L MfiET[NG) PAGE 16 OF 23 Mr. O'Dowd continued, "This is a shot of a concept Gf the Central Park that you saw: This is that lake called Boat Lake. And we have houses that are surrounding it. We're ~ ~ using traffic controlling devices for central, kind of eye pieces. We've been asked by ~ ~~ Staff to do certain things to slow the flow of traffic down, but not hinder it to the point of ~ causing problems. And what we have planned out here is a significant club house. This club house that you see right here that we've designed is a little over four thousand (4,000) square feet. It's about -forty-five hundred (4,500) square feet, I believe. Large '•'~ pool, tot lot and we've also incorporated behind and along the perimeter and along the ~ lake, a series of walking trails or biking trails, for the residents to use. They can pretty "' ~ ~' °~: ~ much stay safely contained within the community and live their lifestyle." :> Additionally, lvir. O'Dowd added, "These are renderings of the club house. This club house is actually designed at this point. So, you can see the architectural style that - we'd like to incorporate into that. This is one that -really kind of tells the~picture." Mr. O'Dowd continued, "This would be the rear of tbe clubhouse; this would be the front of the clubhouse and then this is an area that shows what our plan is for these residents to be able to have and that would be to entail an available exercise room -with equipment for the residents to use. Bathroom facilities that are adequate for that pool and something of this size. Offices that could be used for property management or however it would need to be used or just the Homeowner's Association. Storage, kitchen area, large gathering area and then our hearth room, which we thought was kind of nice. This is planned to be a central fireplace location and this is kind of the reading room for lack a bridge room or whatever they'd want to use it for -gathering room, covered outside and patio -and depending on how it fits and how the situation ends up in the final configuration of the park, we'd either have the pool behind it or somewhere on the side of it, but located right off to the rear, as with the tat lot." Mr. O'Dowd continued, "If you think about the entrance to this community, it has a very narrow throat as you come off of Shepard Road." Mr. Evans continued, "This is an actual photograph of a community, I believe this is in Tampa, but this is very similar to what we'd like to off of Shepard [Road], to be able to enter in. Because we have to enter in off of Shepard [Road]; we have two (2) lanes. We want to gate the community and we have to come and merge under power lines that run right across this and then basically start the houses in the -back, beyond this area. Now if you go to any of our `Engineered Homes communities', that are built really anywhere in the area, you'll see that we put a Iot of landscape in our entrances because we really feel that has a lot of impact for buyers making a location decision." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COINMISSION SPECIAL MEETING -MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 17 OF 23 Furthermore, Mr. O'Dowd said, "This is very similar to what we have and what we're planning on the actual entrance and the medians to look like in this area" Continuing, 1 Mr. Dowd noted, "But this shows the twenty-two feet (22'} for the parking that does not interfere at all with the sidewalks; it does have the green space and then it has the street areas. And we've worked with staff in order to have the proper widths of the right-of--way ~~ on all of these -streets that you see laid out." Continuing, Mr. O'Dowd commented, "These are some statistics, in case you have any questions. I think you might have these stats; if not, I'm going to give them to you in just , r,~ a little while. What this does incorporate is the fact that we have fifty-seven percent (57%) of open space, total green space on the property. And we have parking spaces per unit of 2.51, when we average that out." Discussion continued. Mr. O'Dowd noted, "Our plan, at this paint, would be that this would be maintained by an Association." Regarding Progress Energy, Commissioner Donald A. Gilmore asked, "Are they going to give you permission to put trees under their power lines?" Commissioner Gihnorc remarked, "This is what bothers me and I apologize to going this before you had your presentation, I thought it was our time and that was the question I had. Because a considerable portion of this green space that we're seeing there is in fact power line Easement; and I would think that before this Commission approves this thing, we see some evidence that the Utility is going to allow you to do this thing." Mr. O'Dowd remarked, "The first thing going back to your power line Easement - I'd be happy to came back for you and set up a caravan for you and take you and show you under the Hunters Creek lines, or I can bring you photographs back with that; because they really did make great use of this area." Commissioner Gilmore commented, "I appreciate that, but I think we need a statement from -the Utility that is going, what they will allow you to do it under there." Mr. O'Dowd replied, "Understood." Ivlr. O'Dowd stated, "We had a charette with the wiidwood development which is immediately -and we have a letter that we'll pass out that states that they're totally favorable, unanimously for this development and its concept " Commissioner Gilmore asked, "I thought that you said earlier that you were going to have it." Mr. O'Dowd noted, "We're going to have one (1}more with the other Homeowner's Association. CI'CY OF WINTER 3PRMGS, FIARIDA MINUTES CrfY COMMISSION SPECIAL MEETRJG -MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE I S OF 23 A letter was handed out by Mr. Evans related to the Homeowner's Association. .,-~ ~~, Tape 2/side 8 ,~'..rs'3i. rj eT.,.._, ~ve+e»,n-e'7u Conunissioner Brown said, "In the conversation about the high voltage Easements; when ~, we were going through the discussion of the cell tower in Tuscawilla, there was a huge outcry regarding the safety of our children and the safety of the high power Easement and the cell tower and the impact that that had on the community. And I don't know whether now we're saying that when you cross a certain parallel, in the City of Winter Springs, ~, those concerns and that hazardous high voltage area suddenly becomes a park; and I think we need to be careful about making that transition." Commissioner Brown asked Attorney Garganese, "Given the nature of these buildings and where they're going and the density that we're looking at, and the concerns that we've seen in another development here in Winter Springs that was used in the presentation - do we have the opportunity to Limit the sales to owner-occupied and restrict investors to keep them from turning into rentals? Because if you talk to our Police Department, they'll tell you that in the area that we've done a similar development like this, it has been investors sales and they've turn into rentals, they have a larger numbers of incidents occurring -disproportionate to the other areas of the City." Attorney Garganese replied, "I don't believe that requirement, we've .imposed it. But possibly; as part of the development plan, I mean, they can show us certain requirements are set forth in the Development Agreement. I'd have to look at that issue." As to the type of construction, Mr. O'•Dowd explained, "The plan is concrete block construction on the first floor; frame on the second and the third." Regarding the pricepoint for these units, Mr. O'Dowd noted, "We're looking at starting at about a hundred and sixty thousand [dollars) ($160,000.00) and going up to about three hundred thousand [dollazs] (S30Q000.00)." Discussion followed on Workforce Housing. Mr. Dean Jennings, Vice President, Keewin Real Property Company, 1031 West Morris Boulevard, Winter Park: addressed the City Commission. Regarding two {2} car garages, Mr. Jennings ra„barked, "I think that's so;reta'',ing we need to talk about then." Commissioner Krebs commented, "I actually have her flyer that she sent out, if you'd like a copy of that; we can get you one." Commissioner Krebs asked, "Did you say there was a pet park in this as well?" Mr. Jennings replied, "Yes." CITY OF WiN'IER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 30, 2007 (CONTINUATION FROM THE MAY 29.2007 SPECIAL MEETING) PAGE t9 OF 23 Regarding the sizes of the units, Mr. O'Dowd remarked, "T`he unit sizes -start at about a thousand (1,000) square feet and would go up to about twenty-two hundred (2,200) square feet." Commissioner Krebs asked, "So, the average size would be?" Mr. O'Dowd replied, "Sixteen hundred (1,600)." ~;~, With further discussion, Commissioner Krebs asked, "Landscaping buffer on the left f side, is that it?" Mr. O'Dowd replied, "Yes, this will be up against the industrial area. And we're still planning on doing exactly what the development order said. I think it was a combined berm and..." Commissioner Krebs interjected, "...A five foot (5') berm and a six foot (6') wail, actually." Mr. O'Dowd continued, "Eleven feet (11'} total." Mr. Jennings added, "Plus, of course, landscaping and trees would be very much higher than that. That's actually a pretty good size benn and visual as well as a sound break." Commissioner Krebs then asked, "What kind of improvements to Shepard Road were you planning?" Mr. Jennings responded, "We have intersection improvements - at Shepard Road and {Highway) l 7-92. Also, at the front entry of the unit, there's a double lane boulevard of the community." Mr. Jennings added, "We are willing to do improvements there on Shepazd Road." Regarding density, Mr. Jennings commented, "As a matter of fact, this property, under the Future Land Use, is allowable for a significantly more density than what we're asking. And so the 334 versus the 348 is, if I may say, to some degree, inconsequential because the -Future Land Use allows significantly more than that." Discussion. Mr. Evans remarked, "With respect to what the Staff had to say and then come back with a comprehensive plan with ail the comments addressed." Mayor Bush asked, "Stan's recommendation; you've said you had six {6) meetings with Staff, and yet, you've got all of these recommendations -what happened? I mean, why weren't they addressed? Did Staff make them up after ,you had the meeting? Why are you so far apart at this point after six (6) meetings?" Mayor Bush continued, "Did they not want to do what you asked them do; is that -what you're saying?" Mr. Stevenson replied, "Again, as they've said, we have had numerous meetings. Staff did make these recommendations. I think they did address some of them, Mayor. Some of them obviously, we've detailed for you tonight that have not been addressed that we feel, again we're excited about the product; we're excited about the concept, the way they Laid out. But we feel there aze some ways to make it a better product; understanding that they also have the necessity for the project to go forward, to make it financially viable. But we feel that there some issues that we still need to work on." C1TY OF WINTER SPRMGS, FLORIDA MiNU7'E.S CITY COMMISSION SPECIAL MEETWG -MAY 30, 2007 (CONTINUATION FROM THE MAY Z9, 2009 SPECW. MEErWG) PAGE 20 OF 23 Further discussion. Deputy Mayor McGinnis commented, "I think what we would like to see is n-aybe an `~ Agreement with Progress Energy; some kind of an Agreement." With further comments, Deputy Mayor McGinnis asked, "If you are going to have - another charette, would you contact me please? I would like to work with you on that." Discussion. ~ Commissioner Robert S. Miller conunented, "I have a feeling that Staff is onto a good idea with the larger park, central park. I think you ought to seriously look at that -they way they laid it out. And then the last point is, I would be interested in the power Easement issue also, because I think some of us need to be reassured." Next, Commissioner Krebs asked, "Is there a gazebo over by -that lake?" Mr. Evans replied, "Yes. That's part of the central park area including the roundabout that's in front of that. So, you have got a little landscaped area as well as the park itself." On the issue of parking, Mr. Baker commented, "We disagree with ninety (90) degree parking -backing out into a street, whether it's public or private." Commissioner Gilmore asked, "And what's your proposal?" Mr. Baker replied, "Parallel parking." Regarding Progress Energy, Commissioner Gilmore commented, "Let them come back here with what the power company says is allowed. Because, believe me, if they come, they have the right; they will put a fence right up along there and say, we don't want your people under our power lines or even on our Easement " Commissioner Miller said, "You are right" Commissioner Krebs commented, "Right " Mr. Evans stated, "We can do that " uAPPROVE THE CONCEPT PLAN -MOVE TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. CONIIVIISSIONER MILLER SAID, "WITH COMMENTS. DEPUTY MAYOR McGINNIS REMARKED, "JUST THE CONCEPT PLAN." DEPUT3c` iviAYOR McGliNNIS REITERATED, "I MOVE wL AC%Eri Tii~ CONCEPT PLAN AND WITH CONSIDERATION THAT COMMENTS FROM STAFF WILL BE WORKED ON AND THERE WILL BE A FINAL CONCEPTUAL DEVELOPMENT PLAN BROUGHT BEFORE US AFTER THEY HAVE WORKED WITH STAFF." MOTION DIED FOR A LACK OF SECOND. CrrY OF W1N7ER SPRMGS, FLORIDA MINUTES CrrY COMMISSION SPECIAL. MEETING -MAY 30, 2007 (CONTINUATION FROM THE MAY 24, 2007 SPECIAL MEETING} PAGE 21 OF 23 Discussion. ~~.. ~~~ "I MOVE THAT WE ACCEPT THE CONCEPT AND APPROVE THE ~~.~`r~'"; CONCEPT PENDING FURTHER WORK BETWEEN THE APPLICANT AND ~""" t STAFF TOWARD THE PRESENTATION OF A FINAL CONCEPT PLAN." ~:' MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER ~ ::..~ KREBS. DISCUSSION. ~~`~ .~:-:. "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE REQUIRE THE APPLICANT TO COME BACK WITH A STATEMENT FROM -THE UTILITY "a""~ AS TO THE USE CAPABILITY OF THAT EASEMENT AREA." AMENDMENT TO THE MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER GILMORE: AYE COMMISSIONER MII.LER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush commented, "I am hoping that next time it comes back that Staff and the Applicant have worked out everything so that we, or if you just can't work it out, tell us. Just say, we can't agree on this. Because when we see that you haven't done Staffs recommendation, as you can tell, it causes problems." In other City business, discussion ensued on `REDFLEXIasercam' which was discussed the previous evening. "I MOVE THAT WE DO AN RFP (REQUEST FOR PROPOSAL) FOR A SYSTEM, TRAFFIC, RED LIGHT..." MOTION BY DEPUTY MAYOR McGINNIS. MANAGER McLEMORE INTERJECTED, "...TRAFFIC CAMERA DEVICES." DEPUTY MAYOR McGINNIS SAID, "RIGHT." CITY OF WMTER SPRMGS, FLORIDA MINUTES CrrY COMMISSION SPECIAL MEETING -MAY 30.2007 (CONTINUATION FROM THE MAY 29, 2007 SPECL4L MEETINO) PAGE 22 OF 23 MANAGER McLEMORE COMMENTED, "AND WHAT THIS BASICALLY SAYS TO YOU IS HOW -THIS HAS CAUSED TROUBLE IN OTHER COMMUNITIES WITH THIS PRODUCT. AND WE JUST NEED TO BE VERY, VERY CAREFUL." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR McGINNI5: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Information Services Department Requests City Commission Review And Consider For Approval The City's New Cell Phone Policy; If Approved, Authorize Supplemental Appropriation In The Amount Of 54,091.00 For Equipment Stipend; And Authorize City Manager To Make Any Fnture Revisions As Necessary To The Policy. Ms. Joanne Dalka, Director, Information Services Department introduced this Agenda Item. "MOVE TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore commented on comments he had made. ~~ ~.'~ ~,:o :"~ i ~~ ¢~~ Discussion followed on a date for a Workshop on Workforce Housing, which was previously considered for May 7a', 2007 and then on Thursday, June 14, 2007, Mayor Bush said, "Four o'clock on the l la` [June 2007j" No objections were voiced. ATTACHMENT E CrrY OF WINTER 5PRlNGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETMG -JULY 23, 2007 PAGE i 8 OF 23 Discussion. "I MOVE THAT WE ACCEPT WHAT IS WRITTEN ON THE PAPER - SETTING THE CAP AT 4.2919." MOTION BY COMMISSIONER BROWN. MAYOR BUSH SAID, "AND ALSO THE DEBT SERVICE MILEAGE AT - .1022." MS. GRECO ADDED, "AS WELL AS THE ESTABLISHING THE DATE AND THE TIME OF THE PUBLIC HEARING TO SEPTEMBER 10TH, 2007 AT 5:15 P.M. AT CITY HALL." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Tape 3/side A REGULAR 602. Community Development Department Requests The Commission Consider A Conceptual DeveMpment Plan For A 338 Unit Town-House And Patio Home Development On Approximatety 47.09 Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood Residential PUD (Planned Uait Development). Mr. John Baker, AICP< Senior Planner, Community Development Department addressed the City Commission regarding this Agenda Item. Mr. David Evans, Evans Engineering, 719 Irma Avenue, Orlando, Florida: addressed the City Commission and provided the City Commission with a document from Progress Energy. Commissioner Miller asked, "How many vehicles do you think will be going out of the development everyday onto Florida Avenue? What did the traffic estimates show?" Mr. Evans replied, "We did do some preliminary estimates of what traffic would do. Obviously we compared it to when we were going through the Land Use process to the industrial development and showed a significant decrease in the residential versus industrial. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETMG -JULY 23, 2007 PAGE 19 OF 23 But we still need to run our study for both Florida [Avenue] and the split between Florida [Avenue] and Shepard [Road] and then the connections to [Highway] 17-92 and the other way to make sure that everything does work on the two (2) roadways. I couldn't make any preliminary estimates at this time; I haven't run those numbers." Discussion. Deputy Mayor McGinnis said, "This is the first time I have heard commercial being developed." Mr. Evans stated, "We don't propose Commercial in this community, inside the community." Further discussion. Mayor Bush asked, "You would rather do `B' than `A'?" Mr. Evans replied, "Reviewing both, `A' was our choice intentionally." Deputy Mayor McGinnis stated, "It clearly states in `A', requires planned residential communities to provide complimentary and compatible support commercial or industrial uses." Mr. Evans commented, "We have and we talked with Staff about that and that may -force us to the PUD `B' option, but whichever option matches the current concept that we're proposing, will be the one we choose." Mr. Evans continued, "PUD either way." Mr. Baker continued addressing the City Commission regarding this Agenda Item and stated, "I noted that the Applicant proposes to modify their previous commitment on the western boundary to have a wall and I believe it was an eleven foot (11') wall in lieu of the berm and the wall. So, that is something we need to took at." On the Power Line Easement, Commissioner Gilmore said, "I don't see anything in here that allows you to use that as a playground. I see you can use it as a walking path: ' Mr. Evans replied, "We had a communication with Progress Energy, up until this afternoon. It takes them a little while to run through this process in a Conceptual review. Their -review typically is a formal application for aPermit -it's an agreement with them and I kind of gave you the form, the guidelines that they give you to do that. And what was explained to me is -what we're talking about here is usable open space so when you consider it a walking path or a dog path or even, when I was discussing it -and I'd refer to the name of the person at Progress Energy in the Report. But in -that you could use soccer fields, but -with plastic goals; not metal goals. CITY OF WINTER SPRRJGS, FLORIDA NINUTES CITY COMM1SS10N REGULAR MEETING -JULY 23, 2007 PAGE 20 OF 23 You can do open areas where you have -playground -not tot lots with structures sticking up vertical. You can have landscaping, bushes, shrubs, and trees; and I think they even give you the list in the guidelines of the type of trees and the things they allow in the easement area. So, under the Easement, as a passive recreation area, we feel confident that it will be developed that way. And it's just going through the process of getting Progress Energy's application for the use of that Easement to do so." Commissioner Gilmore added, "I look at potentially - to 500 kids in there. Where are they going to play?" Continuing, Mr. Evans explained, "That's not the only azeas in the community that they have." Furthermore, Mr. Evans noted, "That large area in the center now, upwards of two (2) acres with the community center and that with the pool with a tot lot will contain all the amenities also for children to play. And then you're connected directly to Boat Lake and the perimeter of that, so we have those areas plus the Easement." Additionally, Commissioner Gilmore inquired, "Is Boat Lake considered in this acreage to get your density?" Mr. Evans responded, "No." Commissioner Brown asked, "Is there going to be an HOA (Homeowner's Association)? A mandatory HOA (Homeowner's Association)?" Mr. Evans replied, "Yes. Absolutely. All the grounds including the areas in the paseos, and all the common areas are maintained by an HOA {Homeowner's Association)." Discussion ensued on a buffer. Deputy Mayor McGinnis inquired, "As we go through the Staff recommendations, each one of these items at the end, they say this item has been partially met. Have there been any changes in that, Staff, since this was prepazed? Have any of these been totally met?" Mr. Baker replied, "No, ma'am, I don't believe so." Discussion continued. Mr. Stevenson commented, "I think Staff would lean on the side of asking you to recommend approval for this project." Manager McLemore asked, "As a Concept?" Mr. Stevenson replied, "As a Concept." Regarding options `A' and `B', Mr. Stevenson remarked, "Those items we will have to address before we get to Final Engineering on the project. We're talking about Concept tonight." CITY OF WINTER SPRINGS, FLORIDA NINUTES CfrY COMMISSION REGULAR MEETING -JULY 23, 2007 PAGE 21 OF 23 Regarding the eleven foot (11') wall, Manager McLemore asked, "Does this suggest that that wall terminates at this point? That it starts and terminates..." Mr. Evan stated, "...No - it terminates at the lake." Further discussion. ~~I AM PREPARED TO MAKE A MOTION. AS I UNDERSTAND IT WE ARE ACCEPTING THE CONCEPT, APPROVING THE CONCEPT -THAT IS MY MOTION." MOTION BY DEPUTY MAYOR McGINNIS. MOTION DIED FOR A LACK OF SECOND. Discussion continued. Commissioner Brown asked, "If we approve this Concept, will you and the Applicant eventually bring something back to us we can Vote on?" Mr. Stevenson replied, "This will come back to you when it is in -basically in concrete, if you will; and a Final Engineering Plan." Further discussion. "I MOVE THAT WE ACCEPT THE CONCEPT PLAN AS PRESENTED TO US FOR WINTER PLACE; WITH THE UNDERSTANDING THAT ALL THE DETAILS WILL COME BACK TO US AT A LATER DATE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Further discussion. REGULAR 603. Community Development Department And Public Works Department Requests The City Commission Consider Proposed Modifications To The Jesup's Reserve Final Engineering Plans And Developer's Agreement Related To The Construction Of Roberts Family Lane. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission regarding this Agenda Item. ATTACHMENT ]~ THIS INSTRUMENT WAS PREPARED BY: AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Brown, Gerganese, Weiss dt D'Agresta, P.A. 225 E. Robimon St., Suite 660 Orlando, FL 32801 (400425.9566 DEVELOPMENT AGREEMENT DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this ~~ day of June, 2006, 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 THE KEEWIN REAL PROPERTY COMPANY, a Florida corporation {"Developer") whose address is 1031 West Morse Blvd., Winter Park, FL 32789. WITNESSETH: WHEREAS, Developer is the contract purchaser of that certain real property located in Seminole County, l~lorida consisting of approximately 47 acres, as more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"); and WHEREAS, Developer desires to develop townhomes or condominiums on the Property (the "Project"}; and WHEREAS, Developer has applied for an amendment to the Winter Springs Comprehensive Plan in order to accommodate the Project; and WHEREAS, at this stage in the development review process, the City and Developer have agreed to certain conditions of development related to, among other things: (i) buffers; (ii) notices to potential purchasers; (iii) school mitigation; and (iv} recreational land; and WHEREAS, the Developer acknowledges and agrees that as the Project is taken through the City's development review process, the City may require that this Development Agreement be madificd to incorporate additional terms and conditions in order to safeguard the public's interests; and WHEREAS, the City and Developer desire to execute this Agreement in order to more fully set forth the conditions of development. Development Agreement City of Winter Springs and Keewin Real Property Company Page I of 9 NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. B er. Since the properties to the west of the Project are zoned commercial and industrial, the Developer has agreed to build a buffer between the Project and those properties to the west. The buffer will include a 6' high wall on top of a 5' berm. The buffer shall also include trees, shrubs and irrigation in accordance with a landscape plan deemed acceptable to the City. 3. Notice to Purchasers. The Developer will include in the Covenants, Conditions and Restrictions for the Project a notice to all potential purchasers that the properties adjacent to the west have zoning designations of industrial and commercial. Said notice shall be subject to the approval of the City Attorney. 4. Parks and Recreation. In accordance with Wintet Springs Code Section 20-354 and other applicable provisions of the City's Comprehensive Plan and Code, the Developer agrees to dedicate an appropriate amount of land as a park for the residents of the Project. Such park shall have recreational facilities built in accordance with the standards of the National Recreational Association. In addition, such park shall be protected through deed restrictions recorded in the Covenants, Conditions and Restrictions for the Project which shall ensure the preservation of its intended use, the payment of future taxes, and the maintenance of the park and facilities for a safe, healthy aad attractive living environment. The park shall be included in the phasing plan, if any, and shall be constructed and fully improved by Developer at an equivalent or greater rate than the construction of the residential structures for which it serves. 5. School Mitigation Payment. In order to mitigate the potential impacts of the Project on the Seminole County Public Schools, Developer has agreed to pay One Thousand Two Hundred Thirty-Five Dollars ($1,235.00) for each residential unit in addition to the School Impact Pees charged for each residential unit. The Mitigation Payment shall be paid to the School Board upon the date that the City grants the first vertical building,pcrmit for the Project. The School Board shall be considered a third party beneficiary under this Development Agreement for the limited purpose of enforcing the provisions of this paragraph against the Developer. Nothing herein shall be construed as obligating or requiring the City to pay, or otherwise enforce the payment of, the Mitigation Payment to the School Board. Developer agrees to indemnify and hold harmless the City from any action, dispute, claim, or litigation directly or indirectly involving the Mitigation Payment. 6. Notices. Any and all notices, elections, demands, requests and responses thereto permitted or required to be given under this Agreement shall be in writing, signed by or on behalf of the party giving the same, and shall be deemed to have been properly given and Development Agreement City of Winter Springs and Keewin Real Property Company Page 2 of 9 shall be effective upon being personalty delivered, or upon being faxed to the number set forth below to the appropriate party, or upon being deposited in the United States mail, postage prepaid, certified with return receipt requested, or upon being deposited on a paid basis with a nationally recognized overnight delivery service, to the other patty at the address of such other party set forth below or at such other address as such other party may designate by notice specifically designated as a notice of change of address and given in accordance herewith, provided, however, that the time period in which a response to any such notice, election, demand or request must be given shall commence on the date of receipt thereof; and provided further that no notice of change of address shall be effective until the date of receipt thereof. Personal delivery to a party or to any officer, partner, agent or employee of such party at said address shall constitute receipt. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice has been received shall also constitute receipt. Any such notice, election, demand, request or response, shall be addressed as follows: If to Developer: The Keewin Real Property Company 1031 West Morse Blvd., Suite 325 Winter Park, FL 32789 Attn: Jay Folk Phone: 407-645-4400 Fax: 407-b45-0340 With a copy to: Lowndes, Drosdick, Doster, Kantor 8c Reed, P.A. 215 N. Eola Drive P.O. Box 2809 Orlando, FL 32801 Attn: M. Rebecca Furman, Esquire Phone: 407-843-4600 Fax: 407-843-4444 If to City: City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Attn: City Manager Phone: 407-327-5999 Fax: 407-327-4753 Development Agreement City of Winter Springs and Kecwin Rcal Property Company Page 3 of 9 With a copy to: Anthony Garganese, Esq. City Attorney of Winter Springs Brown, Garganese, Weiss 8c D'Agresta, P.A 225 E. Robinson St., Ste. 660 Orlando, FL 32801 Phone: 407-425-9566 Fax: 407-425-9596 Either party may change the address provided hereinabove by giving written notice of such change to the other party or parties as herein provided. 7. Entire Agreement. The making, execution and delivery of this Agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties hereto with respect to the subject matter hereof, and there are no other written or oral agreements in effect between the parties hereto relating to the subject matter hereof. This Agreement or any part thereof may only be amended or modified by an agreement in writing by both of the parties hereto. A. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but should any provision of this Agreement be prohibited or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. 9. Binding Effect. Except as provided hereinabove, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 10. Waiver. A waiver of any provision hereof or any default hereunder by either party shall be effective only in writing. A waiver of one provision shall not constitute a waiver of any other provision hereof, and a waiver of default shall not apply to any other default whether occurring simultaneously or at a later date. 11. Counterparts. This Agrcement may be executed in two or morc counterparts, each of which shalt be deemed an original, but all of which if taken together shaft constitute one and the same Agreement. l2. Governing Law. The laws of Florida shall govern the validity, performance and enforcement of the Agreement. 13. Headings. The headings of these. several paragraphs contained herein are for convenience only and do not define, limit or affect the contents of such paragraphs. Development Agreement City of Winter Springs and Keewin Real Property Company Page 4 of 9 14. Authoriza~on. Each of the parties represents that this Agreement has been duty executed by a partner or officer authorized to bind such party and that this Agreement constitutes the valid, binding and enforceable obligation of such party. 15. Attorne ' ees. Any party to this Agreement who is the prevailing party in any legal proceeding against any other party brought under or in connection with this Agreement or the subject matter hereof, shall be additionally entitled to recover court costs and reasonable attorney fees, and all other litigation expenses, including deposition costs, travel and expert witness fees from the non-prevailing party. 16. Construction. The parties acknowledge that each party and its counsel have reviewed this Agreement and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any addendums or exhibits hereto. l7. Venue. Venue for any legal proceedings under this Agreement shall lie solely in the state courts is and for Seminole County, Florida, or in the United States District Court for the Middle District of Florida. 18. Revresentations 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 alt necessary action to authorize the execution, delivery and performance of this Agreement. When title to the Property is vested in Developer and when duly executed and delivered by the City, then this Agreement will be recorded by the City in the Public Records of Seminole County, Florida, and will constitute a legal, valid and binding obligation enforceable against the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. In the event Developer does not acquire title to the Property pursuant to the Contract for Sale and Purchase or within one year of both parties signing this Agreement, which ever occurs sooner, then this Agreement shall be of no force and effect unless both parties agree in writing that Developer will be given additional time to acquire the Property. Developer represents and warrants that they will notify the City Attorney, in writing, within three (3) business days of closing on the Property. l9. Successors and Assigns. This Agreement shall automatically he binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. 20. Amendments. This Agreement shall rot be modified or amended except by written agreement duty executed by both parties hereto (or their successors or assigns) and approved by the City Commission. Development Agreement City of Winter Springs and Keewin Real Property Company Page 5 of 9 21 • Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 22. 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. 23. Sovereign Immunitv. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section ?68.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars (5200,000.00). This paragraph shall survive termination of this Agreement. 24. 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. 25. Third-Party Rights. Except as provided in paragraph 5, 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. 26. Saecific 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. 27. Devclotzmcnt 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 or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend or terminate any and all Development Agreement City of Winter Springs and Keewin Real Property Company Page G of 9 certificates of occupancy for any building or unit it Developer is in breach of any term and condition of this Agreement. 28. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Developer fails to receive building permits and substantially commence vertical construction of the Project within three (3} years of the effective date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida if this Agreement is recorded pursuant to paragraph l 8. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] Development Agreement City of Winter Springs and Keewin Real Property Company Page 7 of 9 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: sy: Andrea L enw Luaces, City Clerk f CITY ~E,AL STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS J F. Bush, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. 6 i~/~ Date: By: Anthony rganese, City Attorney for the City of Winter Springs, Florida Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this ~ day of , 2006. (NOTARY SEAL} saNa trowlcEa '`~ MY COMMISSION 3MD1Y1234T9 DES: JtA't 1ti, 2007 tipndsd IhrouQh A~+nlaW hoary o ry Public p J~~e Ir, ~~~ My commission ex ices: Y~ Development Agreement City of Winter Springs and Keewin Real Property Company Page 8 of 9 Signed, sealed and delivered in the THE ICBEWIN REAL PROPERTY presence of the following witnesses: COMPANY, a Florida corporation r~'~. RintedNrrnec/wftnt~ Title: 1. ly O(s CstC~" Date: ~a~l~l(O` ervu~ , Rin Nou: of Wima! STATE OF FLORIDA COUNTY OF ORANGE The foregoing ins umcnt w ac owledged before me this +'~' day of 2006, by ~„ L as of THE KEEWIN REAL PROPERTY C MPANY, on behalf of said company. He is,persanally known to me or produced ~[ ~ I'~ a~entification. i. (NOTARY SEAL) (Print Ntme) Notary Public, State of } r ~wYs Commission No.: ~,~„ ~IM exnRnt ~...n.>es My Commission Expires: ~Mrtola tgoiwtwrytl~.w~n Development Agreement City of Winter Springs and Keewin Real Property Company Page 9 of 9 Exhibit `A' fl 23D a6t? 97R Few PARCEL NUMBERS 26-20-30-5AR-0000-0210 28-20-30-5AS-OB00-015A 2&20-30-5AS-0800-0170 33-20-30-503-OS00-0000 33-20-30-503-0000-0950 33-20-30-503-0000-0240 33-20-30-503-0000-025A LESS AREAS 1 ~ 2 AS DESCRIBED: Area 1 A parcel of land being a portbn of Lot 18, Block "B° of OAK GROVE PARK, according to the plat thereof as recorded ~ Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly descried as folows: BEGlN at the Northwest comer of WILDWOOD according to the plat thereof as recorcled in Plat Book 19, Page 7 through 10, Public Records of Seminoe County, Florida; thence South 03°57'20' East, along the Westerly tine of said WlLDWOOD, for a distance of 166.02 feet to a point of curvature of a curve concave Westerly, having a radius of 175.00 feet and a delta angle of 29°59'46"; thence, continuing along the Westerty line of said WILDWOOD, tun Southerly along the arc of said curve for a distance of 91.62 feet to the point of tangency; thence, continuing along the Westerly line of saki WILDWOOD, South 26°02'26° West for a distance of 126.10 feet; thence, departing said Westerty line of said WILDWOOD, South 86°02'40" West for a distance of 94.04 feet; thence North 03°57'20" West for a distance of 362.73 feet to the Southerly right of way line of Shepard Road and Northerty Nne of said Lot 18; thence North 86°02'40" East, along said Southerly right of way line, for a distance of 180.52 feet to the POINT OF BEGINNING. Area 2 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plal thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida. Being more particularly described as follows: COMMENCE at the Northwest comer of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence run South 86°02'40" West, along the Southerly right of way line of Shepard Road and Northerly line of said Lot 18, for a distance of 260.52 feet to the POINT OF BEGINNING; thence, departing said Southerly right of way line of Shepard Road and Northerly line of said Lot 18, South 03°57'20" East for a distance of 298.01 feet; thence South 86°02'40" West for a distance of 113.09 feet; thence North 04°49'25" East for a distance of 301.55 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86°02'40" East, along said Southerly right of way line, for a distance of 67.07 feet to the POINT OF BEGINNING. Prime Utility Rights of Way through north and central Florida Page 3 of 7 ATTACHMENT G Where do I fnd Progress Energy structure numbers? All Progress Energy transmission structure numbers are located on the pole or on one of the legs of the towers. The numbers are usually located chest high or at the top of the pole and have a letter and number designation. For example: ANL-67. Are there uses which are prohibited? No item shall be allowed on the right of way that violates the National Electric Safety Code (NESC). Prohibitions include, but are not limited to, non-moveable buildings, swimming pools, vegetation, mobile homes, airstrips, satellite dishes, dumpsters, septic tanks and related drain fields, absorption pits, wells, burial grounds and underground vaults. Burning activities are prohibited on the right of way. Hunting is also prohibited on Progress Energy fee owned lands. WiII I be required to hold Progress Energy harmless from my acts or negligence in using the property? Before work begins on Progress Energy fee owned lands, you must provide proof of insurance with Progress Energy named as an additional named insured on your company's form or on an equivalent acceptable to Progress Energy. The minimum required amount of general liability and bodily injury is $200,000 each person and $500,000 each occurrence, up to $1,000,000 each person and $3,000,000 each occurrence, and a minimum of $50,000 in property damage each occurrence and $100,000 http://prgnprojectsolutions.com/landuseguide/faq.htm 10/29/2007 Wood Distribution Pole Transmission with Distribution Underbuild Prime Utility Rights of Way through north and central Florida Page 4 of 7 aggregate up to $500,00 in property damage each occurrence and $1,000,000 aggregate. Proof of insurance must be updated annually. Failure to provide a certificate of insurance may result in the cancellation of your agreement. What type of authorization will I receive for use of Progress Energy's fee owned land? License Agreement - A license agreement is a bilateral agreement renewable on an annual basis. An annual fee is associated with a license agreement. License agreements are typically granted for unimproved parking areas, signs, grazing, farming, etc. Easement Agreement - An easement agreement is more permanent in nature and only ceases when the improvements to the easement area are removed or abandoned. Easement agreements are personal to the holder and cannot be assigned or transferred without the written permission of Progress Energy. Easement agreements give the applicant permission to use the land for a particular purpose. Easement agreements are typically granted for unimproved ingress and egress crossings, private roadways and utility crossings. There is a one time fee associated with an easement agreement. Underground Pipeline lti t of Wav Utilization Agreement - This type of agreement is used for major linear collocations such as a ip~peline, utility lines, communication lines, water lines and sanitary sewer lines. Fees are paid annually or a one time payment based on the net present value. Certain studies may be required before this type of agreement can be issued. Permit - A permit is a bi-lateral agreement for a temporary use. Permit agreements are used on both fee owned and easement held properties. A fee is associated with a permit on lands owned by Progress Energy. What type of authorization will I receive for use of a Progress Energy easement? Encroachment Agreement - A bilateral agreement which outlines your specific rights and limitations to use the land. The applicant, if other than the fee owner, must obtain permission from the owner to use the land. A one time fee may be associated with this type of agreement. Letter of No Objection - A letter which states Progress Energy has no objection to your use of the land. A letter of no objection is used when the use has minimal impact to Progress Energy facilities. There is no fee associated with a letter of no objection. However, you must obtain permission from the underlying fee owner. Permit - A permit is a bilateral agreement for temporary use. Permit agreements are used on both fee owned and easement held properties. A fee maybe associated with a permit on lands held by easement. http://prgnprojectsolutions.com/landuseguide/faq.htm 10/29/2007 Prime Utility Rights of Way through north and central Florida Page 5 of 7 Underground Pipeline Ri t of Way Utilization Agreement -This type of agreement is used for major linear collocations such as a i~peline, utility lines, communication lines, water lines and sanitary sewer lines. Fees are paid annually or a one time payment based on the net present value. Additional studies may be required for your project. Can trees be planted on the right of way? In general no trees that are greater than twelve (12) feet at maturity are permitted on the right or way. All landscaping must meet the current guidelines and be reviewed and approved by an Encroachment Representative as to size, species, and placement within the right of way. Trees and shrubs are prohibited from being planted beneath the overhead wires and must maintain a fifteen (i 5) foot setback from the outermost conductor (wire). All vegetation must maintain a fifty (50) foot clearance from any pole and fifteen (15} foot clearance from all guy wire(s). No plants shall be planted in locations that may impede truck access for emergency repairs and general maintenance of facilities. Any tree or shrub exceeding these limitations will be removed during routine vegetation management activities. Progress Energy is firmly committed to providing our customers with the most reliable and efficient electric service possible. Should you have any questions about planting the "right tree in the right place", please contact your local Progress Energy Transmission Forester. The following is a list of plants suitable for planting in the easement area: Arrow Wood* Viburnum dentatum Ashe Magnolia* Magnolia asheii Button Bush* Cephalanthus occidentalas Chickasaw Plum* Prunus angustifolia Crape Myrtle Lagerstroemia indica Eastern Redbud* Cercis canadensis Flatwoods Plum* Prunus umbellata Florida Anise* Illicium floridanum Florida Azalea* Rhododendron austrinum Florida Privet* Forestiera segregate Hammocksweet Azalea* Rhododendron serrulatum Japanese Maple Acer palmatum Lead Plant* Amorpha fruticosa Ligustrum Ligustrum japonicum May Haw* Crataegus aestivalis Necklace Pod* Sophora tomentosa Oleander Nerium oleander Parsely Haw* Crataegus marshallii Piedmont Azalea* Rhododendron canescens Possum Haw* Viburnum nudum Red Buckeye* Aesculus pavia Rusty Blackhaw* Viburnum rufidulum Sandankwa Viburnum Viburnum susperrsum http://prgnprojectsolutions.com/landuseguide/faq.htm 10/29/2007 Prime Utility Rights of Way through north and central Florida Sea Grape* Coccoloba uvifera Simpson's Stopper* Myrcianthes fragrans Snowbell* Styrax americanum Sparkleberry* Vaccinium arboreum Summer Hawthome* Crataegus flava Sweet Acaia* Acacia farnesiana Sweetshrub* Calycanthus jloridus Walter's Viburnum* Viburnum obovatum Wax Myrtle* Myrica cerifera Wild Coffee* Psychotria nervosa Wild Lime* Zanthoxylum fagara Yaupan Holly * Ilex vomitoria Yellow Anise* Illicium parviflorum *Native Plants are recommended. The following list of trees are prohibited in the right of way and will be routinely removed: Birch Betula spp.. Ash Fraxinus spp. Australian pines Casuarina spp. Bay Persea spp. & Gordonia lasianthus Black Cherry Prunus serotina Black Walnut Juglans nigra Camphor Cinnamomum camphora Carolina Cherry Laurel Prunus caroliniana Carrotwood Cupaniopsis anacardiodes China Berry Melia azedarach Chinese Tallow Sapium sebiferum Common Persimmon Diopyros virginiana Cypress Taxodium ascendens & T. distichum Ear tree Enterolobium contortisiliquum Elms Ulmus spp. Eucalyptus Eucalyptus spp. Golden Rain Koelreuteria elegans Hickory Carya spp. Jacaranda Jacaranda mimosifolia Magnolia Magnolia spp. Maples Acer spp. Mimosa Albizia julbrissin Mulberry Morus spp. Norfolk Island Pine Araucaria heterophylla Oaks Quercus spp *ALL Palms All over 12 ft. Pines Pinus spp. *ALL Punk Melaleuca quinquenervia Royai Poinciana Delonix regia http://prgnprojectsolutions.com/landuseguide/faq.htm Page 6 of 7 10/29/2007 Prime Utility Rights of Way through north and central Florida Silk Oak Grevillea robusta Sweet Gum Liquidambar styraciflua Sycamore latanus occidentalis Where can I obtain an aerial? Your local county Property Appraiser's office will have aerials available for purchase for a nominal fee. Some county properly Appraiser's have aerials available online. Aerials aze also available at terraserver. homeadvisor.msn. com. http://prgnprojectsolutions.com/landuseguide/faq.htm Page 7 of 7 10/29/2007 ATTACHMENT H CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING NOVEMBER 7, 2007 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, November 7, 2007 was called to Order at 7:00 p.m. by Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, present Vice Chairman Robert L. Heatwole, via telephone Board Member Tom Brown, absent Board Member Rosanne Karr, present Board Member Denise Ryser, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The October 24, 2007 Regular Meeting Minutes (Postponed From October 3, 2007). "MOTION TO APPROVE -OCTOBER 24, 2007." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRMAN HEATWOLE: AYE CHAIRMAN POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. CTCY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-NOVEMBER 7, 2007 PAGE 2 OF 9 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2007-25, Which Changes The Zoning Designation For Four Parcels, Equaling 9.862 Acres More Or Less, Located At Florida Avenue And Lake Lucerne Circle From (Winter Springs) "C-2 (General Commercial)" To (Winter Springs) "PUD (Planned Unit Development)". Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and said, "Staff reviewed the Criteria that is in the Code relating to a Rezoning request and does recommend Approval." The Existing Future Land Use Map -November 2007 was shown. Discussion. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input "portion of this Agenda Item. "MOTION TO APPROVE [AGENDA] ITEM `500' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY VICE CHAIRMAN HEATWOLE. DISCUSSION. C[TY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 3 OF 9 VOTE: BOARD MEMBER ICARR: AYE VICE CHAIRMAN HEATWOLE: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Ordinance 2007-24, A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And Chelsea Parc At Tuscawilla Subdivision From (Winter Springs) "Recreation And Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU (Dwelling Unit)/Acre) And "Conservation Overlay" (On Those Affected Areas). Ms. Sahlstrom introduced this Agenda Item and said, "Staff does support this change to `Medium Density Residential' but also recognizes that there are some issues to still be resolved as the Applicant moves forward with his development and with his mitigation." Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the Board Members related to this project and said, "As far as what I am going to develop on there, there is no endangered species. There is none of that there. The vegetation wetlands is a very low grade. So far, our response and what we got from St. Johns [River Water Management District] Environmental Engineer is, we don't foresee any problems. One thing - I am concerned about, and being a citizen of Winter Springs, is to make sure that the flow at Howell Creek doesn't get disturbed at all. What I am trying to do with our Engineer -David Schmidt, is make that flow even better than what is existing out there." Mr. Corkery added, "We are taking approximately -three and a half (3.5) acres of existing Tuscawilla Country Club property not even in Parcel 7 - I am taking less of Parcel 7, approximately a little over -ten (10) acres, and I am only using approximately six point eight (6.8) acres of that - [Tuscawilla] Country Club property to build the sixty (60) carriage homes." Further discussion ensued on this project. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 4 OF 9 Chairman Poe opened the "Public Input "portion of this Agenda Item. No one spoke. Chairman Poe closed the `Public Input"portion of this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM X501' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER RYSER: AYE CHAIRMAN POE: AYE VICE CHAIRMAN HEATWOLE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Requests That The Planning And Zoning Board Hold A Public Hearing For Ordinance 2007-29, Which Shall Amend The Text Of Section 20-351. And Section 20-354. Of The City's Code Of Ordinances With Respect To Part "A" PUD (Planned Unit Development) Density Calculations. Ms. Sahlstrom presented this Agenda Item. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input "portion of this Agenda Item. Tape 1/Side B ~~I MOVE THAT WE RECOMMEND THE PROPOSED PUD (PLANNED UNIT DEVELOPMENT) PART ~~A", CODE TEXT AMENDMENT AND RECOMMEND APPROVAL." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN HEATWOLE. DISCUSSION. C[TY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 5 OF 9 VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRMAN HEATWOLE: AYE BOARD MEMBER KARR: AYE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department Requests That The Planning And Zoning Board Hold A Public Hearing For Ordinance 2007-30, Which Shall Amend The Text Of Section 20-323. Of The City's Code Of Ordinances, To Include Bridal Shops; Hair, Nail And Tanning Salons; Museums And/Or Cultural Institutions; And Reception Facilities As Permitted Uses Within The Town Center. Ms. Sahlstrom introduced this Agenda Item. Brief discussion. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I RECOMMEND THAT THE PLANNING AND ZONING BOARD (/LOCAL PLANNING AGENCY) APPROVE THE PROPOSED ORDINANCE NUMBER 2007-30 FOR TOWN CENTER CODE TEXT AMENDMENT." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY CHAIRMAN POE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE VICE CHAIRMAN HEATWOLE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 6 OF 9 PUBLIC HEARINGS 504. Community Development Department Requests The P&Z (Planning And Zoning) Board Consider A PUD (Planned Unit Development) Master Plan, Preliminary Development Plan, And Preliminary Engineering/Subdivision Plan For A 338 Unit Development On Approximately 47.09 Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood Residential PUD (Planned Unit Development). Ms. Sahlstrom presented this Agenda Item and said, "Staff recognizes that to do the kind of berm - to do a berm in that area would require about thirty feet (30') and instead of going in that direction, the Applicant is wanting to go with a -eleven foot (11') tall wall along that edge but to not go with the berm." Discussion ensued on a bus stop location and sidewalks. Ms. Sahlstrom reviewed the recommended Conditions of Approval. Ms. Sahlstrom said, "This is a Preliminary Engineering Subdivision Plan. It is the PUD (Planned Unit Development) Master Plan for the development and a Preliminary Development Plan. So, this will need to go to the Commission and then it will need to go back to the Commission when they do their Final. But, this will be the last time that this Board has input on this project. It won't have to come back for the Final." Discussion. Mr. David Evans, Evans Engineering Inc., 719 Irma Avenue, Orlando, Florida: spoke to the Board Members related to this project. Mr. Evans said, "What we did was agree with her (Ms. Sahlstrom), with John Baker and Randy (Stevenson) to provide access to the Lynx bus stop on the [US Highway] 17-92 side as well as school kids on a sidewalk. Originally there is an old sidewalk on the north side of Shepard Road, but on the south side there is a blank area. So, we propose to put and connect with the existing sidewalk that is in real good shape that runs right in front of Highland Elementary." Mr. Evans then added, "The bus stop that is internal is a bus stop that is proposed currently for the school buses and what we did, we ran an analysis. We worked with Brian Fields and others in the City to make sure the turnabouts and roundabouts are all designed per standards that we were handed and in that case the recommendation was to move the area where the school children would wait back away from the roundabouts slightly so that they would have more clearance to make those turns if they were waiting on the bus. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 7 OF 9 So, we had no problem dealing with that. We sent all this information to the School Board as well. They are coming inside subdivisions in these cases, if they can get in. Remember this is a gated subdivision, so we will have special access for them to come through the subdivision in the roundabout, pick up the school children so that it is a safe haven for them to wait for the school bus. Only other thing I want to mention, I think is the wall berm issue and it wasn't described and I think you see it a little bit better in the new Site Plan that we have for you tonight to look at is the eleven foot (11') wall idea came from a new analysis based on the proximity of the buildings and the open space and a running path - actually a six foot (6') wide path that runs the whole perimeter of the property and landscaping on that wall. Remember that that west side backs up to Industrial Uses. So, what we were doing is creating some kind of buffer in some form, wall berm -that is a flexible number. We can do a two foot (2') berm and a nine foot (9') wall or eleven foot (11'} wall all by itself or a five foot (5') berm and a six foot (6') wall. But in our case, we proposed an eleven foot (11') wall, landscaping on our side of the wall to be maintained and then add about thirty feet (30') or so to the buildings, and that area was where that path was for the connectivity of the running path." Discussion. Mr. Steve O Dowd, Engineered Homes and Communities„ I1 SS South Semoran Boulevard, Winter Park, Florida: addressed the Board Members and presented a Power Point presentation. Discussion on Workforce Housing. Mr. O'Dowd said, "When you see the layout, what you are going to see is the different unit types are dedicated to the lot shape that they go on and because of the geometry of the lot shape, it is going to force us to have houses of a certain size." Mr. O'Dowd then said, "It is in clusters of five (5) units that just repeat themselves. And what we are looking at is at this point, our proposed sizing is going from twelve hundred (1,200) square feet to about nineteen hundred (1,900) square feet." Discussion. Continuing, Mr. O'Dowd said, "The other thing I might add is, you are very welcome to check with your own Police Department and Fire Department. We are one (1) of the few builders, I think the only builder in Central Florida that we have standing programs with all Policemen, Firemen and Teachers. And I think our flyers actually go out in their paychecks for discounts on the homes that we build." Tape 2/Side A Photographs were shown of the project. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 8 OF 9 Mr. O'Dowd said, "What we are proposing is the utilization where these clusters, these quadrants come together of utilizing a trail system which is a sidewalk system -and you are going to see how this merges when it gets into the center area to be able to allow that flow and that walking from one end to the other." Continuing, Mr. O'Dowd said, "And so what we are proposing doing is utilizing and making these rear yard meeting spaces or pass through spaces." Further, Mr. O'Dowd said, "Our plan is to vary these court yards in the different sections as we go through." Mr. O'Dowd said, "The amenity is really not established at this point. What our proposal would be -clubhouse or cabana, swimming pool, tot lot and we would utilize the lake edge and the park area that sits adjacent to that to the south." Discussion ensued on parking. Mr. O'Dowd said, "We have two and a half (2.5) parking places per unit planned in the development." Continuing discussion on the Wall, Mr. O'Dowd said, "I would happily entertain dropping that wall down to a different size knowing that the wall would be in place before any homeowners move in there." Referencing the Site Plan, Mr. Evans stated, "The whole subject property would be fenced or walled in both cases." Chairman Poe opened the "Public Input "portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM `504' AS WRITTEN WITH THE -CRITERIA THAT THE STAFF HAS ASKED FOR AND I WOULD ALSO LIKE TO ADD THAT A CRITERIA THAT REQUIRES THE WALL TO BE A BERM WALL COMBINATION INSTEAD OF JUST AN ELEVEN FOOT (11') WALL." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN HEATWOLE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 9 OF 9 REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 9:06 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the December 5, 2007 Regular Planning And Zoning Board/Local Planning Agency Meeting. a~a,...~,. euaz.,.,a,an ~~' ?`fa a~ p1l~i ~111h~s1~`ti~91~ aFi~1 ~ ~,ly~~~~'p#~:l~i eT J~1 yp TjF "~iijj ! 1 al ~ ~e~ t { h~k :~e;ili~ ,~"~li{it+i~gll~~ii ~~+lC' f :ltlil i~~°~~~irhl {7 ~i11g ~~~~ a 9~ 1~1 i it ~ a~I,r { 9 ,2~1 l~ ~~1p!9~/~~ ~h ~ of ,w~% ~ ~ t: tl•j~!"s `~ ''~~Ei {Cj~~ 1~'I~S111~`~1i a'h ~ ~~ "~,//~~1~ \ ~ul~ ; ~~ ~ z itf:h~ ~~el~~{{te~~i~$i1911ee~~{itlla~i~n \ ~~ ^ ~ ~ ~ X k ~- ~ ~ ~ d ¢ ,_ mo x U .~ ~ -d, tE t, s1 ~ U ¢ O w Z ~ U w°~ S ~ `" ~ ~ ~~z ¢v~~ ~~LL r.ry W ~ z Q ~ v~ - ~+' r ~ z w~ ~~ wNa ro3 di € >`~ poi r w ~°z U O W ¢ M p ~r/~7 Z cp U w~ ¢ O~~ WM4 mD r' 1 ti M ~ ~M ~ZK WHO ~2 ¢ N¢O r- cV h ww ZO ° W ~ O w¢~ I ~Qa~: 1 ~~Q I r ¢ o n al- '- a w a o 1 \ O z~a~ ~~~oti Fao~n \\r/1 /1 ~ ¢O~~p 2Zrtt0 °MZO p. ~ ~~N~ W 1 .rur.~~fl, wno°, m°u u'~i cgi~ °a°~~: }q w~~g z v~ ~ w ~ ~E~° ~ S e (~.a~ ~ a 3 z z ~ $ /~ ~2~~ 09 '_'vi r S a ~ ~~~o W GI~RuY ~ ~ W yii 4 W 2 ~' K ° ~~~~ JS~ w ~ ~ ¢ ~ O ~ 2,~~c~ Nm r~zf 8i~a ~ a m a ~ ~ ~`~? ~ ~e ° W m~ yn Y¢n X60 a~ffiA v ~ ~a~ t~+¢ ~~°~ zo~N~ ~~~~ g 1~ ~ SOYOMi OKO QO~~ 0< ~ I.~~KM Z O ODD V,1~ ~nz io a N ZO°a ON z °a°., z °° °~"~~r, i ~nzo m-"'o ao~o wozo c~ w~~~ mno~; ~~c~i~ mn~a. C~ q R~ ~<q p 6 Yg~ ~~R M = W ` ~~o~ ~~~~~ ~ _ < 2 ~ j ~ q j 6 F Q~ g ~ Y O ~C W O W ~ = F' J k~~~ g~e~ * ~F~ ~ 9 W W C< F F g ; r~r W V Oq~ V ~o a ~ ~` =lE; ~S g ~ ~~~0 47 e 3~3=~ t~ ~ p K O~ O ~~~ ~^R ~ ~F • ' ~ ~ a 2 F iiatJJ9i ~~g#s ~~~~s O: u Property Description A parcel of Tend being a portion of Lots 16, 17 and 21, Block 'C', of D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, recorded in Plat Book 1, Page 5, Public Records of Semhde County, Florida; And a portion of Lote 15, 18, 17 and 18, Block 'B", OAK GROVE PARK, according to the plat thereof, as recorded h Plat Book 7, Paga 83, Public Records of Seminda County, Florida; And Lots 24 and 25, a portion of Lot 15 and a portion of Florida Avenue and unnamed right of way of ENTZMINGER FARMS, ADDITION N0. 3, os recorded in Plat Book 6, Page 27, Publk Records of Seminole County, Florida; Md Lota 10 and 11, FLAMINGO SPRINGS, aeeoMing to the plat thereof, as recorded in Plat Book B, Page 27, Publle Retorda of Seminole County, Florida; all lying in Sections 28 and 33, Township 20 South, Ronge 30 East, Seminole County, Florida antl being more particularly deacrtbed as fdlowa: Commence at the Southeast comer of Lot 120, WILDWOOD, recorded In Plat Book 19, Pages 7, 8, 9 and 10, Public Records of Seminoe County, Florida, Bald Southeast comer of Lot 120 Ilea on the Northerly Ilne of Traci "F", THE HIGHLANDS SEC11gV THREE, recorded In Plat Book 17, Pogea 48 and 49, Public Records of Seminole County, Flortda, aald Southeoat comer of Lot 120 also Ilea on the South Ilne of Lot 21, Block 'C" of D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, recorded in Plat Book 1, Page 5, of the Publk: Records of Seminde County, Florida, thence S 83' OB' 22' W, 955.D8 feet along the Southerly line of acid 1MLDWOOD, acid Southerly line of WILDWOOD also being the Northerly Ilne of sold Trost 'F", wid Southerly line of tNLDW00D oleo being the Southerly Ilne of sold Lot 21, Block 'C', to the Southwest comer of Lot 95 of Bald IMLDW000 and cold point deo lying on the Eaaterly Ilne of o 175.00 foot wkle Flortda Power Corporation Eaaemant thence continue S 83' OB' 22' W, 15.02 feet to the POINT OF BEGINNING; thence N 10' 00' 30' W, 729.53 feet dung a Ilne that is 15.00 feet west of and pQalld to the Easterly Iha of acid Florkia Power Corporation Easement to the Southerly right-of-way of Wlldwood Drive; thence S 59' O6' 42' W, 171.25 feet along said Southerly right-of-way line to the Westerly line of said 175.00 foot wide Florido Power Corporation Easement; thence N 10' 00' 30" W, 64.22 feet along said Westerly line to th• Northerly right-of-woy Ihs of Wlldwood Drive; thence N 59' OB' 42' E, 171.25 feet dung said Northerly right-of-woy the to a point on Bald Ilne that le 15.00 feet west of and paroild to the Easterly Ilse of said Florkla Power Corporation Easement: thence N 10' 00' 30' W, 541.12 feet dung sold line; thence N 63' S7 34' W, J57.87 feet along a line thot is 15.00 feet south of and pardld to the Northerly Ifne o} saki 175.00 foot wide Florldc Power Corporation Eosement to the Southerly extension of the Westerly Ilse of said 1NLDW000; thence N 28' 02' 28' E, 15.00 feet along Bald Southerly extension of the Westerly line of cold WILD WOOD; thence S 86'OY40' W, 94.04 feet; thence N 03'S72D" W, 352.72 feet to a point on the South right-of-way line of Shepard Road oecordfng to Official Racarda Book 1788, Page 1715 of the Pudic Records of Seminole County, Florida; thence S 88D2'40' W, 80.00 feet dung said South right-of-way Ilne; thence S 03'5720' E, 288.00 feet thence S 88'02'40' W, 113.09 feet to a point on the Northerly extension of the Easterly line of Lot 15 of said Block "6"; thence 5 04' 49' 25" W, 697.97 feet along said Northerly extension and the Easterly line of Lote 15, 14, 13 and 12 of cold Block "B', to the moat Southerly comer of said Lot 12, Blodt "B'; thence continue S 04' 49' 25" W, 3D0.00 feet along the Easterly Ifne of said Block 'B" to the Northeost comer of Lot 8 of said Block 'B"; thence S 70'10'35' E, 15.53 feet thence S 04' 49' 25" W, 380.50 fast; thence N 70'10'35" W, 15.53 feet to the Southeast comer of Lot 7 of sold Block 'B"; thence S 04' 49' 25" W, 294.82 feet along the Easterly Ilne of sold Block "B": thence N 583' 08' 22' W, 206.82 feet; thence 5 04' 46' 22' W, 385.80 feat thence N 83' OB' 22' E, 225.D0 feat to the Weatady line of Lot 24, ENTZMINGER FARMS ADDITION N0. 3, recorded in Plat Book 6, Paga 27, Public Records of Seminde County, Florkla; thence 5 D4' 48' 22' W, 400.07 feet along the Westerly line of add Lot 24 to the Southwest comer of said Lot 24, sold corner lying on the Northerly right-of-way of Florldo Avenue; thence N 63' 08' 22' E, 439.97 feet along said Northerly right-of-woy, thence departing sold Northerly right-of-way IIn0. 506'51'38" E, 50.00 feet to a point on the Southerly right-of-way Ilne of Bald Florida Avenue, said print deo being on the Easterly right-of-way Ilne of Lake Lucerne Cfrds, FLAMINGO SPRINGS, according to the plat thereof, as recorded In Plot Book 8, Page 27, Public Records of Seminole County, Florida; thence S 34'06'21" E, 74.60 feet dong sold Eastery right-of-way Ilne and Westerly the of Lot 10 of said FLAMINGO SPRINGS; thence S 31'42'48" E, 73.29 feet along Bald Easterly right-of-way line and Westerly the of Lot 11 of acid FLAMINGO SPRNGS; thence N 83'08'22" E, 350.28 feet along the South Ifne of sold Lot 11 and the Easterly extension of said South line to a print on the centerline of a 25.00 foot wide unnamed right-of-way of saki ENIZMINGER FARMS, ADDITION N0. 3, ae rocorded In Plat Book 8, Page 27; thence N 05'11'27' E, 974.00 feet dong aafd centerline to a point on the South Ifne of Lot 21, Block 'C' of said D.R. 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