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HomeMy WebLinkAbout2013 07 22 Public Hearing 502 Resolution 2013-25, The Offices at Winding Hollow Lot Split Eastside COMMISSION AGENDA Informational Consent ITEM 502 public Hearings X Regular July 22, 2013 KS RS Regular Meeting City Manager Department REQUEST: Community Development Department - Planning Division requests the City Commission consider approval of a Developer's Agreement and Resolution 2013-25 (Lot Split) for The Offices at Winding Hollow, located on the southeast corner of S.R. 434 and Winding Hollow Boulevard SYNOPSIS: The applicant, The Professional Offices, LLC., is requesting approval of a Developer's Agreement (DA) and Resolution 2013-25 Lot Split for real property located on the southeast corner of S.R. 434 and Winding Hollow Boulevard (see Attachments A, B and C). The applicant wishes to divide an existing 4.12 acre parcel into two (2) lots, one 1.2 acre lot fronting S.R. 434 (herein referred to as the "S.R. 434 Frontage Lot") and one 2.9 acre lot fronting the east side of Winding Hollow Boulevard (herein referred to as the "Interior Lot"). The applicant has preliminary indicated that they desire to permit and construct an office park on the "Interior Lot" that is proposed to be similar to the construction taking place on the west side of Winding Hollow Boulevard. The current owner, Wintersprings Land LTD, will retain ownership of the "S.R. 434 Frontage Lot" for future development. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Commercial Zoning: C -2 (General Commercial) APPLICABLE LAW &PUBLIC POLICY Home Rule Powers Public Hearings 502 PAGE 1 OF 7-July 22,2013 Florida Statutes City of Winter Springs Comprehensive Plan City Code of Ordinances, Chapter 9 —Land Development Section 9-1. Definitions. Section 9-2. Division of land; City Commission approval required. Section 9-3. Dividing platted property. Section 9-4. Waiver to subdivision requirements. Section 9-10. General Criteria for Approval. Section 9-11. Lot Splits. City Code of Ordinances, Chapter 20 —Zoning City Code of Ordinances, Chapter 20, Article VI— State Road 434 Corridor Vision Plan. Section 2(b), Article VIII, of the State Constitution Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). Ordinance No. 2006-11 CHRONOLOGY July 10, 2013 The Planning & Zoning Board held a public hearing and recommended approval, by a vote of four (4) yes and one (1) no, of Resolution 2013-25, concerning The Offices at Winding Hollow Lot Split for property located on the southeast corner of S.R. 434 and Winding Hollow Boulevard. The applicant has preliminary indicated that they desire to permit and construct an office park on the east side of Winding Hollow Boulevard that is proposed to be similar to the construction taking place on the west side of the aforementioned street. The development history of the office park development located on the west side of Winding Hollow Boulevard is summarized below: • December 10, 2012 — City Commission approved the Winding Hollow Lot Split Resolution subject to conditions (Resolution 2012-43). • January 10, 2013 - Planning & Zoning Board recommended approval of the Administrative Rezoning from C-2 (General Commercial) to C-1 (Neighborhood Commercial)via Ord. 2013-01. • January 14, 2013 — City Commission approved The Offices at Winding Hollow, LLC Developer's Agreement(DA). • February 11, 2013 —City Commission approved First Reading of Ordinance 2013-01, which proposed to administratively rezone 2.9 acres of property from C-2 (General Commercial) to C-1 (Neighborhood Commercial). • March 25, 2013 — City Commission approved Ordinance 2013-01, which administratively rezoned the property from C-2 (General Commercial) to C-1 (Neighborhood Commercial). The Administrative Rezoning complied with the conditions stipulated as part of the City Commission's approval of the Winding Hollow Lot Split, Resolution 2012-43, on December 10, 2012. • April 3, 2013 — Planning & Zoning Board recommended approval of both Final Engineering Plans and Aesthetic Review, subject to conditions noted within the March 15, 2013 DRC Response Letter, which have since been satisfied. • April 22, 2013 - City Commission approved the Final Engineering and an Aesthetic Review Package. • Sitework construction commenced in June 2013 and is expected to be in progress for Public Hearings 502 PAGE 2 OF 7-July 22,2013 the next several months. . July 22, 2013 - City Commission is scheduled to consider The Offices at Winding Hollow Plat (west side of Winding Hollow Boulevard). DISCUSSION: A Developers Agreement (DA) has been reviewed by staff, the applicant, and the City Attorney. Pertinent elements of the DA are as follows: • The developer desires to construct an office park on the property in a manner compatible to the surrounding Winding Hollow Subdivision and surrounding neighborhood. • In furtherance of Resolution 2013-25, developer and the City desire to enter into an agreement to effectuate the lot split and the development of the proposed office park. • Developer agrees to purchase the property within six (6) months of the effective date of the agreement. • Upon purchase of the property, the City and developer agree that the property shall be developed as a professional office park in accordance with all applicable requirements of the City Code unless otherwise mutually agreed to by the parties. • In order to facilitate the development of the property in a manner compatible with the surrounding area, the City agrees, upon the effective date of this agreement, to advertise and proceed with public hearings to amend the property's Official Zoning Map classification for the "Interior Lot" from City "C-2 General Commercial" to "C-1 Neighborhood Commercial". However, the parties agree that final adoption of the rezoning ordinance will not occur until such time as lot split Resolution 2013-25 is recorded in the Official Records of Seminole County, Florida by the City. • The developer agrees that the property shall be bound by the provisions of the S.R. 434 General Design Standards for New Development as set forth in Section 20-461 et. seq. of the City Code. • Resolution 2013-25 shall not be recorded until such time the agreement is fully executed by the parties, developer completes the purchase of the property, and the conditions set forth in Section 8.0 of the agreement have been satisfied by the developer. • Within five (5) days of closing on the purchase of the property, the developer shall submit to the City's Community Development Department Director a title report, certified to the City, evidencing that the developer is the record owner of the property and listing any mortgages, liens or other encumbrances on the property. In addition to the requested Developer's Agreement (DA), the Applicant is requesting City Commission to consider the Offices at Winding Hollow Lot Split as defined within Resolution 2013-25 (see Attachment C). The applicant wishes to divide an existing 4.12 acre parcel into two (2) lots, one 1.2 acre parcel defined as the "S.R. 434 Frontage Lot" and one 2.9 acre parcel defined as the "Interior Lot". The Applicant has preliminary indicated that they desire to permit and construct an office park on the "Interior Lot" that is proposed to be similar to the construction taking place on the west side of Winding Hollow Boulevard. The existing owner, Winterspring Land LTD, will retain ownership of the "S.R. 434 Frontage Lot" for future development. The 4.12 acre site is located on the southeast corner of Winding Hollow Boulevard and S.R. 434 and has both "Commercial" and"Conservation Overlay" Future Land Use designations and C-2 (General Commercial) zoning. There are no minimum lot standards associated with the existing C-2 (General Commercial) zoning designation. The subject property includes a conservation area on the southern most portion of the site. Because the subject Public Hearings 502 PAGE 3 OF 7-July 22,2013 property is within the conservation overlay, an environmental impact study will be required during development review to determine exact boundaries of conservation areas. In addition, this same parcel is located within the City's S.R. 434 Corridor Overlay District. As such, the development of the entire property is currently subject to the New Development Overlay design standards described within Code of Ordinances, Chapter 20, Division 2. — General Design Standards for New Development Area. The subject property abuts the entry to the Winding Hollow Subdivision, which has R-IA zoning. Potable water and sanitary sewer are available to the site. Staff has reviewed the lot split application and believes that it is consistent with the criteria set forth in Section 9-10 (General Criteria for Approval): 1) The application is in compliance with the provisions of this chapter and applicable law. 2) The application is consistent with the city's comprehensive plan and applicable city master plans. 3) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. 4) The application does not create any lots, tracts of land or development that do not conform to the city code. 5) The applicant does not create burdensome congestion on the streets and highways. 6) The application promotes the orderly layout and use of land. 7) The application provides for adequate light and air. 8) The application does not create overcrowding of land. 9) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. 10) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Staff finds that the application, as submitted by the Applicant, presents several concerns regarding compliance with the City's lot split Code criteria. Particularly, Section 9-10 (c)requires that the application be generally compatible and in harmony with the surrounding neighborhood. Further, Section 9-10 (e) requires that the application does not create burdensome congestion on the streets and highways. In addition, Section 9-10 (f) requires that the application promote the orderly layout and use of land. Furthermore, Section 9-10 0) provides that applications must provide for proper ingress and egress through a public street. The applicant is requesting that a C-2 (General Commercial) lot along S.R. 434, and located at the entrance of Winding Hollow, be split into two (2) lots. The "S.R. 434 Frontage Lot" will remain along S.R. 434 and the other lot (Interior Lot) will become internal to the Winding Hollow Subdivision relative to using the only access road (Winding Hollow Boulevard) to the subdivision. As such, if the proposed application is approved, Staff believes that the future access to the Interior Lot will be significantly impacted because the Interior Lot will no longer have direct access to S.R. 434 and this Interior Lot could present future compatibility issues related to whether all of the C-2 permitted uses are appropriate for a lot which no longer has access to S.R. 434. In essence, if the lot split is approved, the Interior Lot will be solely dependent on Winding Hollow Boulevard for access and will Public Hearings 502 PAGE 4 OF 7-July 22,2013 have to share access with the entire Winding Hollow subdivision. Additionally, the C-2 (General Commercial) zoning district lists several permitted and intense commercial uses which may not be compatible, from a land use and traffic perspective, with the proposed Interior Lot, especially since it will no longer have direct access to S.R. 434. In order to facilitate the development of the property in a manner compatible with the surrounding area, the City agrees, upon the effective date of the Developer's Agreement, to advertise and proceed with public hearings to amend the property's Official Zoning Map classification for the "Interior Lot" from City "C-2 General Commercial" to "C-1 Neighborhood Commercial". However, the parties agree that final adoption of the rezoning ordinance will not occur until such time as lot split Resolution 2013-25 is recorded in the Official Records of Seminole County, Florida by the City. The applicant has preliminary indicated verbally to Staff that the development of the "Interior Lot" would be used for single-story offices as previously approved for property located on the west side of Winding Hollow Boulevard. It is anticipated that the proposed project is less intense than the development on the west side and will likely include three (3) buildings and approximately 10,488 total square feet of office space. Staff finds that office use for the "Interior Lot" would significantly mitigate against any adverse traffic impact or compatibility concerns with the Winding Hollow Subdivision. However, there are currently no guarantees that the "Interior Lot" will be developed as an office use. Thus, if the Applicant's office space proposal fell through, and the City Commission were to approve the lot split without conditions, the "Interior Lot" could potentially be developed with a far more intense and incompatible commercial use under the current C-2 (General Commercial) zoning regulations, thereby causing significant development concerns for the Winding Hollow Subdivision. In order to protect the "Interior Lot" from more intense development should the proposed office development not move forward, staff is proposing a Developer's Agreement similar to that was used on the west side to limit potential uses on the "Interior Lot" to an office park. The Developer's Agreement must be fully executed before the Lot Split Resolution is recorded. In addition, if the lot split application were approved, the "Interior Lot" would no longer abut S.R. 434 and therefore, the "Interior Lot" would technically no longer be subject to the S.R. 434 General Design Standards for New Development Area. This result was not intended at the time these Standards were originally approved and not applying these Standards to the "Interior Lot" may negatively impact, at the time of development, the compatibility of the future development of the "Interior Lot" with the "S.R. 434 Frontage Property" and the Winding Hollow Subdivision. As part of the Developer's Agreement, the developer agrees that the property shall be bound by the provisions of the S.R. 434 General Design Standards for New Development as set forth in Section 20-461 et. seq. of the City Code. Therefore, if the City Commission decides to approve the lot split resolution, Staff recommends that the approval be subject to several conditions to safeguard Winding Hollow Boulevard and the Winding Hollow Subdivision. These exact conditions were recently approved by City Commission for the lot split on the west side of Winding Hollow Boulevard as described within Lot Split Developer' Agreement that was executed on January 14, 2013. These same conditions must be memorialized in the proposed Developer's Agreement with the Applicant for the 2.9 acre "Interior Lot" fronting Winding Hollow Boulevard. The conditions being recommended by Staff are as follows: Public Hearings 502 PAGE 5 OF 7-July 22,2013 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the "Interior Lot"; 2) The Applicant shall consent to the City administratively rezoning the "Interior Lot" to C-1 (Neighborhood Commercial); 3) The Applicant shall consent the "Interior Lot" being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the Developer's Agreement is finalized and executed. Lastly, if the recommended conditions are imposed as a condition of approving the lot split resolution, Staff finds that the remaining lot split criteria would be satisfied. If the lot split resolution is approved subject to the conditions, the resolution will be recorded simultaneously with the Developer's Agreement. The administrative rezoning of the property will occur thereafter. The lot split is also consistent with Section 9-11 (Lot Splits). No new streets or other public infrastructure improvements are required that warrant an engineered subdivision plan for this division. FISCAL IMPACT: While there is no immediately measurable fiscal impact associated with this agenda item, approval of this item does satisfy part of the requirements for allowing the development of approximately 10,488 square feet of office space which will pay ad valorem taxes. A specific fiscal impact report will be presented with the agenda item for approval of the concept plan/final engineering for the single-story office project to be located on the "Interior Lot" fronting Winding Hollow Boulevard. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. In addition, a yellow sign noting the date and time of the public hearing has been erected on the subject property. Public Hearings 502 PAGE 6 OF 7-July 22,2013 RECOMMENDATION: Community Development Department - Planning Division and the Planning and Zoning Board requests the City Commission approve Resolution 2013-25 (Lot Split) for The Offices at Winding Hollow, located on the southeast corner of S.R. 434 and Winding Hollow Boulevard. The Community Development Department - Planning Division requests the City Commission approve the proposed Developer's Agreement. These recommendations are subject to the following conditions: 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the "Interior Lot"; 2) The Applicant shall consent to the City administratively rezoning the "Interior Lot" to C-1 (Neighborhood Commercial); 3) The Applicant shall consent the "Interior Lot" being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. ATTACHMENTS: A. Location Map B. Developer's Agreement C. Resolution 2013-25 D. Minutes, July 10, 2013 Planning and Zoning Board Public Hearings 502 PAGE 7 OF 7-July 22,2013 o L d O � -e L)r ❑ ❑ ❑ ■ ❑ ❑ ❑ o 0 �CT o w E aE aE E LL ❑� N Ul vs [ I w r v cl � a a � "I n Q U w tI} � m r L ~ W 1ND1NG fi°1-1-Ow IPvv r ' ONE 131_V❑ (V Ul 4 � � Y Y � x a r x U ¢ ii1 O to a uri TENN15 C� LU p Q Ul 4 tu 4 Ul D ❑ Ul 1- NNE1M 0.00P v v in a w � G1R °) x $ ONE I ,Ti x ATTACHMENT "B" THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese,Weiss&D'Agresta,P.A. 111 N. Orange Avenue, Suite 2000 Orlando,FL 32802 (407)425-9566 FOR RECORDING DEPARTMENT USE ONLY LOT SPLIT DEVELOPER'S AGREEMENT THIS LOT SPLIT DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this day of , 2013, 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, THE PROFESSIONAL OFFICES, LLC., a Florida Limited Liability Company, whose principal address is 155 Middle Street, Ste 1001, Lake Mary, Florida 32746 ("Developer"). WITNESSETH: WHEREAS, this Agreement is related to certain real property located in Seminole County, Florida and more particularly described on EXHIBIT "A", which is hereby fully incorporated herein by this reference (the "Property"); and WHEREAS, Developer is, or will be at the time this Agreement is recorded, the current fee simple owner of the Property; and WHEREAS, Developer requested that the City Commission grant a lot split application affecting the Property, which was approved by the City Commission pursuant to Resolution 2013-25 subject to terms and conditions memorialized in a developer's agreement; and WHEREAS, the Developer desire to construct an office park on the Property in a manner compatible to the surrounding Winding Hollow Subdivision and surrounding neighborhood; and WHEREAS, in furtherance of Resolution 2013-25, Developer and the City desire to enter into this Agreement to effectuate the lot split and the development of the proposed office park; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Lot Split Developer's Agreement City of Winter Springs and The Professional Offices,LLC Page 1 of 6 1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Agreement shall be ("Effective Date"). 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Acquisition of Property. Developer agrees to purchase the Property within six (6) months of the Effective Date of this Agreement. Developer may request a six (6) month extension of this time period upon written request to the City. If Developer fails to complete the purchase within said time period (as may be extended by the City), this Agreement shall automatically be deemed null and void and terminated. 4.0 Professional Office Park. Upon purchase of the Property, the City and Developer agree that the Property shall be developed as a professional office park in accordance with all applicable requirements of the City Code unless otherwise mutually agreed to by the parties. 5.0 Administrative Rezoning of Property. In order to facilitate the development of the Property in a manner compatible with the surrounding area, the City agrees, upon the Effective Date of this Agreement, to advertise and proceed with public hearings to amend the Property's Official Zoning Map classification from City"C-2 General Commercial" to City "C-1 Neighborhood Commercial." The aforementioned zoning map amendments shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Developer will fully cooperate with the City to achieve the amendment on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City, if necessary. Developer also agrees not to contest or object to the rezoning of the Property in any manner whatsoever. However, the parties agree that final adoption of the rezoning ordinance will not occur until such time as lot split Resolution 2013-25 is recorded in the Official Records of Seminole County, Florida by the City. 6.0 Application of the SR 434 General Design Standards for New Development Area. Developer agrees that the Property shall be bound by the provisions of the SR 434 General Design Standards for New Development as set forth in Section 20-461 et. seq. of the City Code. 7.0 Recordation of the Lot Split Resolution 2013-25 Resolution 2013-25 shall not be recorded until such time this Agreement is fully executed by the parties, Developer completes the purchase of the Property pursuant to Section 3.0 of this Agreement, and the conditions set forth in Section 8.0 of this Agreement have been satisfied by the Developer. 8.0 Title Report; Recording of this Agreement. Within five (5) days of closing on the purchase of the Property, the Developer shall submit to the City's Community Development Department Director a title report, certified to the City, evidencing that Developer is the record Lot Split Developer's Agreement City of winter Springs and The Professional Offices,LLC Page 2 of 6 owner of the Property and listing any mortgages, liens or other encumbrances on the Property. If the title report lists any mortgage or lien holders affecting title to the Property, Developer shall be required to obtain written, duly executed joinders from said holders consenting to the terms and conditions of this Agreement. This Agreement shall be recorded by the City at such time the City determines, based on the title report and its own due diligence, the Developer is the record owner of the Property and all mortgage and lien holders have consented in writing to the terms and conditions of the Agreement. This Agreement will, when duly executed and delivered by the City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. 9.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. 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. 10.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 11.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 12.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 13.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 14.0 Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 15.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. This Agreement is not binding upon the City unless approved by the City Commission and executed by the Mayor. Lot Split Developer's Agreement City of winter Springs and The Professional Offices,LLC Page 3 of 6 16.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either parry act toward third persons or the public in any manner, which would indicate any such relationship with the other. 17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 18.0 City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 19.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 20.0 Third-Party Rights. This Agreement is not a third-parry beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 21.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 22.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall bear their own attorney's fees and costs. 23.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in breach of any term and condition of this Agreement. Lot Split Developer's Agreement City of winter Springs and The Professional Offices,LLC Page 4 of 6 24.0 Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non-defaulting parry shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 25.0 Termination. Unless termination of this Agreement is expressly authorized elsewhere in this Agreement, this Agreement may be terminated by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By Charles Lacey, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Lot Split Developer's Agreement City of Winter Springs and The Professional Offices,LLC Page 5 of 6 Signed, sealed and delivered in the THE PROFESSIONAL OFFICES, LLC a presence of the following witnesses: Florida limited liability company By: Rick A. Saturn, Manager Signature of witness Printed Name of witness Date: Signature of witness Printed Name of witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, Rick A. Saturn, as Manager of, The Professional Offices, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Lot Split Developer's Agreement City of winter Springs and The Professional Offices,LLC Page 6 of 6 SKETCH OF DESCRIPTION OF (THIS IS NOT A SURVEY) EXHIBIT "A" DESCRIPTION — (MASTER PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83°48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07°01'30"W, A DISTANCE OF 658.07 FEET; THENCE N83°48'59"E A DISTANCE OF 5.00 FEET; THENCE N07°01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD RUN N83°53'17"F ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07°01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH SURVEYOR'S REPORT: 1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida. 2. This is not a boundary survey. 3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map. 4. No title data has been provided to this surveyor unless otherwise noted. 5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey of the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E. w, HEi T..1OF2 H NOT VALID AISnTU7 THE SIGNATURE ALD THE ORIGINAL RAISE'D��5EAL OF A FLORIf�A LICENSED LLC SURVEYOR Alfa MAPPER Henrich—Luke—Swaggerty—Menard Job No: E-9149 Professional Surveyors&Mappers Date: 6/27/13 ,L 165 Middle Street, Suite 1101 Drawn By: ADA Lake Mary, Florida 32746 P. (407) 647-7346 Scale: 1"=100' William F Pb ngrd P. (407) 647-8097 Professional Sufsey61- &-Wapper WWW.Florida Land Surveyor.com Licensed Business No. 7276 Florida Registration #5625 SKETCH OFo DESCRIPTION (THIS IS NOT A SURVEY) DESCRIPTION — (NORTHEAST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07°01'30"W, A DISTANCE OF 575.99 FEET FEET TO THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07°01'30"W A DISTANCE OF 82.08 FEET; THENCE N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN 583'53'17"W A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS. DESCRIPTION — (SOUTHEAST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'01'30"W ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET; THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07°01'32"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH SURVEYOR'S REPORT: 1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida. 2. This is not a boundary survey. 3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map. 4. No title data has been provided to this surveyor unless otherwise noted. 5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Surve�yp of ° � the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83°48'59"E. �P,\�` F'S° 4T 1.0 F2 H L S M NOT VALI HQQ�°iHE SIGNAIIZ)26 THE ORIGINAL IS€Q,`SEAL OF A FLOR1dA L ENSED �, SURVEYOR Ar M,A�PPER. Henrich—Luke—Swaggerty—Mena rd Job NO: E-9149 ��VV LL Professional Surveyors&Mappers Date: 6/27/13 0 165 Middle Street, Suite 1101 Drawn B ADA O Lake Mary, Florida 32746 Y � ° P. (407) 647-7346 Scale: 1"=100' William M°1�rigq 0°P• P. (407) 647-8097 Professio 6�1g6°r pper WWW.Florida LandSurveyor.com Florida RegiSl'iFSKi`Q®5625 Licensed Business No. 7276 y SKETCH OFa DESCRIPTION (THIS IS NOT A SURVEY) STATE ROAD 434 131.50' R/W N83.53'17"E ST 214.97' (FOOT RIGHT OF WAY MAP SECTION 77070-2518 ATE ROAD Z SOUTH R/W LINE OF 434 O N J O O J J Q I � NORTHEAST PARCEL N I I I 1,22 ACRES rri Q (53,077 S . FT.) NORTHWEST PARCEL N N o I 1,22 ACRES 1,0 w (53 087 SQ. FT.) 0 5.00' U1 I I (NOT INCLUDED) N83-48 LA °LA N07'011 30 82.08' I 17"W 219.97' S83'53 QA A N83'53'17"E 219.97' { Boa POINT OF BEGINNING m=o (NORTHEAST PARCEL) I cn I I EAST LINE LOT 25, BLOCK D I p I D d � I � v I 'x N m o<D Z O cf) o O O O 00 XV m IJ= J N r CEL ° I� o °- SOUTHEAST PAR m o N I N PARCEL ➢ C' 2.91 ACRES m<m (126,656 SQ. FT.) SOUTHWEST J 0 6'Z r 2,91 ACRES 1 G Ln U1 zo 0 0 (126,764 SQ. FT') rn J J LTI boo N (NOT INCLUDED) d � r, I I a w� I AST RIGHT OF WAY LINE OF WAY LINE F AST HOLLOW BLVD WEST RIGHT gLVD� IWINDING HOLLOW I I I I I I SOUTH LINE OF LOT 25 ' 219 97, � — S83'48'S9'W N 83.48'59'E NORTH LINE 280.03' OF WINDING _ HOLLOW UNIT 1 (PLAT POINT OF COMMENCEMENT BOOK 47, PAGES 94-96) SW CORNER, LOT 25, BLOCK D D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL) FOOT FLORIDA DEPARTMENT OF TRANSPORTATION ORB 11 D' FLORIDA POWER 183,LIGHT PAGER113 OFFICIAL RECORDS BOOK 2 PG AGREEMENT (ORB PAGE R/W AND ORB 148. PAGE 79) R/W RIGHT-OF-WAY SQ. FT. SQUARE FEET CENTERLINE SHEET2OF2 NOT VALID WITHOUT THE SIGNATURE AND THE H L S M LLC ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Henrich—Luke—Swaggerty—Menard Job NO: E-9149 Professional Surveyors&Mappers Date: 6/27/13 SEE SHEET 1 OF2 165 Middle Street, Suite 1 10 1 Drawn By: ADA Lake Mary, Florida 32746 FOR DESCRIPTION P. (407) 647-7346 Scale: 1"=100' P. (407) 647-8097 AND SIGNATURE W WW.FloridaLandSurveyor.com Licensed Business No. 7276 ATTACHMENT "C RESOLUTION NO. 2013-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, PROVIDING FOR THE DIVISION OF AN ORIGINALLY PLATTED LOT OWNED BY WINTERSPRING LAND LTD. AND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 434 AND WINDING HOLLOW BOULEVARD, WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide an originally platted single lot; and WHEREAS,section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Winterspring Land Ltd. (hereinafter "Owner") is the owner of certain real property generally located at the southeast corner of State Road 434 and Winding Hollow Boulevard in Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS,the City Commission finds that Owner has satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS,the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Resolution No.2013-25 Pagel of 3 SPRINGS HEREBY RESOLVES,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. Subject to the terms and conditions required by the City Commission at the July 22, 2013 public hearing on this Resolution, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located at the southeast corner of State Road 434 and Winding Hollow Boulevard,legally described in"Exhibit A,"attached hereto and fully incorporated herein by this reference,into two(2)separate lots. Such lots are more particularly depicted and legally described in"Exhibit B," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission,or parts of prior resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 4. Severability. If any section,subsection,sentence,clause,phrase,word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole County,Florida simultaneously with the binding development agreement memorializing the terms and conditions of the lot split. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split upon recordation of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and a binding development agreement being simultaneously approved and executed by the City and the property owner of the southeast parcel memorializing the terms and conditions of the lot split required by the City Commission in accordance with the public hearing conducted on July 22, 2013. [EXECUTION PAGE FOLLOWS] City of Winter Springs Resolution No.2013-25 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, this day of , 2013. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No.2013-25 Page 3 of 3 SKETCH OF DESCRIPTION OF (THIS IS NOT A SURVEY) EXHIBIT"A" DESCRIPTION — (MASTER PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83°48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07°01'30"W, A DISTANCE OF 658.07 FEET; THENCE N83°48'59"E A DISTANCE OF 5.00 FEET; THENCE N07°01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07°01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH SURVEYOR'S REPORT: 1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida. 2. This is not a boundary survey. 3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map. 4. No title data has been provided to this surveyor unless otherwise noted. 5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey rof the bevy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E' F2 NOT VALID,WITHOUT THE SIGNATURE AN®,.THE H L 5 M ORIGINAL RAID MAPPER. OF A FLOR A LICENSED L L C SURVEYOR AND MAPPER. Hen rich—Luke—Swaggerty—Menard Job No: E-9149 ' Professional Surveyors&Mappers Date: 6/27/13 165 Middle Street, Suite 1101 Drawn By: ADA Lake Mary, Florida 32746 P. (407) 647-7346 Scale: 1"=100' William F., nord, P. (407) 647-5097 Professi0Rg1 �ufVdyo—r & apper WWW.Florida LandSurveyor.com Licensed Business No. 7276 Florida Registration;'#5625 SKETCH OFo DESCRIPTION EXHIBIT"B" (THIS IS NOT A SURVEY) DESCRIPTION — (NORTHEAST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07°01'30"W, A DISTANCE OF 575.99 FEET FEET TO THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07°01'30"W A DISTANCE OF 82.08 FEET; THENCE N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN 583'53'17"W A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS. DESCRIPTION — (SOUTHEAST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'01'30"W ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET; THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07°01'32"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH SURVEYOR'S REPORT: 1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida. 2. This is not a boundary survey. 3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map. 4. No title data has been provided to this surveyor unless otherwise noted. 5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Surve�yp of ° � the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83°48'59"E. �P,\�` F'S° 4T 1.0 F2 H L S M NOT VALI HQQ�°iHE SIGNAIIZ)26 THE ORIGINAL IS€Q,`SEAL OF A FLOR1dA L ENSED �, SURVEYOR Ar M,A�PPER. Henrich—Luke—Swaggerty—Mena rd Job NO: E-9149 ��VV LL Professional Surveyors&Mappers Date: 6/27/13 0 165 Middle Street, Suite 1101 Drawn B ADA O Lake Mary, Florida 32746 Y � ° P. (407) 647-7346 Scale: 1"=100' William M°1�rigq 0°P• P. (407) 647-8097 Professio 6�1g6°r pper WWW.Florida LandSurveyor.com Florida RegiSl'iFSKi`Q®5625 Licensed Business No. 7276 y SKETCH OFa DESCRIPTION (THIS IS NOT A SURVEY) STATE ROAD 434 131.50' R/W N83.53'17"E ST 214.97' (FOOT RIGHT OF WAY MAP SECTION 77070-2518 ATE ROAD Z SOUTH R/W LINE OF 434 O N J O O J J Q I � NORTHEAST PARCEL N I I I 1,22 ACRES rri Q (53,077 S . FT.) NORTHWEST PARCEL N N o I 1,22 ACRES 1,0 w (53 087 SQ. FT.) 0 5.00' U1 I I (NOT INCLUDED) N83-48 LA °LA N07'011 30 82.08' I 17"W 219.97' S83'53 QA A N83'53'17"E 219.97' { Boa POINT OF BEGINNING m=o (NORTHEAST PARCEL) I cn I I EAST LINE LOT 25, BLOCK D I p I D d � I � v I 'x N m o<D Z O cf) o O O O 00 XV m IJ= J N r CEL ° I� o °- SOUTHEAST PAR m o N I N PARCEL ➢ C' 2.91 ACRES m<m (126,656 SQ. FT.) SOUTHWEST J 0 6'Z r 2,91 ACRES 1 G Ln U1 zo 0 0 (126,764 SQ. FT') rn J J LTI boo N (NOT INCLUDED) d � r, I I a w� I AST RIGHT OF WAY LINE OF WAY LINE F AST HOLLOW BLVD WEST RIGHT gLVD� IWINDING HOLLOW I I I I I I SOUTH LINE OF LOT 25 ' 219 97, � — S83'48'S9'W N 83.48'59'E NORTH LINE 280.03' OF WINDING _ HOLLOW UNIT 1 (PLAT POINT OF COMMENCEMENT BOOK 47, PAGES 94-96) SW CORNER, LOT 25, BLOCK D D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL) FOOT FLORIDA DEPARTMENT OF TRANSPORTATION ORB 11 D' FLORIDA POWER 183,LIGHT PAGER113 OFFICIAL RECORDS BOOK 2 PG AGREEMENT (ORB PAGE R/W AND ORB 148. PAGE 79) R/W RIGHT-OF-WAY SQ. FT. SQUARE FEET CENTERLINE SHEET2OF2 NOT VALID WITHOUT THE SIGNATURE AND THE H L S M LLC ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Henrich—Luke—Swaggerty—Menard Job NO: E-9149 Professional Surveyors&Mappers Date: 6/27/13 SEE SHEET 1 OF2 165 Middle Street, Suite 1 10 1 Drawn By: ADA Lake Mary, Florida 32746 FOR DESCRIPTION P. (407) 647-7346 Scale: 1"=100' P. (407) 647-8097 AND SIGNATURE W WW.FloridaLandSurveyor.com Licensed Business No. 7276 ATTACHMENT "D" 0= =, CITY OF WINTER SPRINGS, FLORIDA a DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING w JULY 10, 2013 CALL TO ORDER The Regular (Rescheduled from July 3, 2013) Meeting of Wednesday, July 10, 2013 of the Planning And Zoning Board/Local Planning Agency was called to Order 5:30 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 Bob Henderson, present Board Member Howard Casman, present Board Member Bart Phillips, arrived 5.31 p.m. Board Member Suzanne Walker,present Deputy City Clerk Sarah Hart,present Chairman William Poe led a silent invocation and Vice Chairman Bob Henderson led the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The June 5, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Chairman Poe stated, `Bach of you have received a copy of the modified Minutes." Continuing, Chairman Poe said, "The Chair will entertain a Motion to approve those Minutes as circulated." "SO MOVED." MOTION BY VICE CHAIRMAN HENDERSON. CHAIRMAN POE SAID, "I HAVE A MOTION TO APPROVE THE - REVISED MINUTES AS CIRCULATED." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—JUNE 5,2013 REGULAR AGENDA REGULAR 600. Community Development Department—Planning Division Requests That The Planning And Zoning Board Consider The Offices At Winding Hollow Lot Split, Located On The Southeast Corner Of State Road 434 And Winding Hollow Boulevard, e Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item and pointed out the conditions that Staff was recommending, which were outlined also in the Agenda Item for consideration. Board Member Casman asked if this was required to be posted, to which Mr. Woodruff noted that no Posting was required. Board Member Phillips asked how many floors this could be but Mr. Woodruff stated, "Based on the use, they are in agreeance to go down to the single-story." Mr. Todd Hudson: As the Engineer, he noted there was no specific start date as of right now, and added, "I'd expect to be back with plans and stuff like that-- September maybe October." Tape 1/Side B Chairman Poe opened "Public Input". Ms. Nancy Neimetschek, 366 1 ivelve Uaks Drive, Winter Springs, norida: noted how beautiful the entrance and exit from Winding Hollow was, the birds and animals that lived in this area and that she was told the trees and brush would be kept and asked the Board to please consider beautification. Mr. GaryMedley: As a colleague of the Developer, "Yes we took down the trees to build the buildings, but we are replanting 550 trees on that site and we did everything we could to maintain —all of the landscaping along the right-of-way." Chairman Poe closed "Public Input". "I WILL MAKE A MOTION THAT WE DO NOT APPROVE THIS ITEM `600'. MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER WALKER DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—.TUNE 5,20I3 r.2Q ]VOTE: p BOARD MEMBER WALKER: AYE CHAIRMAN POE: NAY VICE CHAIRMAN HENDERSON: NAY �--r BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: NAY MOTION DID NOT CARRY. "I WILL PUT THE MOTION ON THE FLOOR TO APPROVE ITEM `600' AS CIRCULATED WITH THE STIPULATIONS THAT STAFF HAVE ADDED." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRMAN HENDERSON. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE ' CHAIRMAN POE: AYE VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER GASMAN: NAY BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC INPUT Chairman Poe opened "Public Input" No one spoke. Chairman Poe closed "Public Input". ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 6.24 p.m. RESPECTFULLY SUBMITTED: SARAH HART DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the July 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting.