Loading...
HomeMy WebLinkAbout2015 02 09 Public Hearing 500 Pollack Shores Concept Plan and Development AgreementCOMMISSION AGENDA ITEM 500 REQUEST: Informational Consent Public Hearings X Regular February 09, 2015 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests the City Commission consider approval of: 1) Concept Plan, and 2) associated Development Agreement for an apartment complex consisting of a minimum of 250 units to a maximum of 338 units located on the east side of Tuskawilla Road, north of SR 434 and west of Michael Blake Boulevard. SYNOPSIS: The applicant is requesting approval of a Concept Plan and associated Development Agreement for an apartment complex that will be developed into a minimum of 250 units to a maximum of 338 units. The subject property is located in the T5 zone (Urban Center Zone) of the Town Center. Multifamily uses such as apartments are a permitted use in the T5 zone of the Town Center. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Applicant name and address and authorized representative: CS Capital Management, Inc./ Whitaker Capital, LLC. 3525 Piedmont Road, 7 Piedmont Center, Suite 300, Atlanta, GA 30305. Brian Love, authorized representative . Property owner's name(sl: Winter Springs Holdings, INC. C/O International Brotherhood Public Hearings 500 PAGE 1 OF 7 - February 09, 2015 . Property addresses: No address issued . Property Parcel ID number: 26- 20- 30- 5AR- OA00 -006C . Current FLUM Designations: Town Center • Current Zoning Designations: Town Center T5 (Urban Center Zone) • Previously Approved Development permits such as conditional use, waiver, or variance if any): None • Development Agreements (if any): Future Development Commitment Agreement between City of Winter Springs and Winter Springs Holdings, dated August 23, 2010, O.R.B. 07486, Page 0146 -154 • Pending Code Enforcement Actions (if any): No known pending Code Enforcement actions . City Liens (if any): No known liens APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Home Rule Powers Florida Statutes City of Winter Springs Comprehensive Plan - Future Land Use Element GOAL 2: Town Center. The City seeks to create a Town Center based upon traditional design standards for development that will become the identifying focus of the City's downtown and contribute to an increased and diversified tax base for the City. The primary purpose of the Town Center shall be to create an economically successful, vibrant, aesthetic, compact, multimodal, diverse, mixed use (including horizontal and vertical integration of uses) neo- traditional urban environment, designed on a pedestrian scale and with a pedestrian orientation. The Town Center is to be a place where people can reside in a mix of single and multiple family dwellings, work, gather to shop, relax, recreate, be entertained, attend community events, and enjoy the natural beauty of lands located in the Town Center. The Town Center should be created through public and private investment and development. Policy 2.2.4: Mixed Uses. Permit a variety of mixed uses consistent, compatible, and in harmony with the Town Center Goal and the Town Center District Code, including single family residential, multiple family residential, commercial retail and services, public services and buildings, parks, and schools, through the enactment of creative and flexible land development regulations. (Ord. 2012 -05) Policy 2.2.6: Residential Density. Support the desired commercial activity and urban character desired for the Town Center by encouraging high density residential development consistent with the Town Center Goal and Town Center District Code and encourage a minimum average residential density of seven (7) units per acre, unless the type of unit would warrant a lesser density while still meeting the intent of the Town Center District Code. (Ord. 2012 -05) Policy 2.2.8: Intensity. Encourage higher intensity development in the Town Center subject to the Town Center District Code. (Ord. 2012 -05) Public Hearings 500 PAGE 2 OF 7 - February 09, 2015 Policy 2.3.3: Fiscal Impacts of Development. Ensure that City policies, regulations, and decision making processes not only consider Town Center design planning impacts, but also consider whether proposed new development will have a positive and acceptable economic and fiscal impact on the City. In furtherance of this policy, the City Commission shall require (unless otherwise exempted by land development regulation), as a condition of considering the approval or denial of a development project, that developers provide a written economic and fiscal impact report, prepared by a duly qualified expert, that details the associated economic and fiscal impacts of any proposed new development project on the City and the School District. Although the City recognizes that some projects will have a regional economic and fiscal impact as well, said report shall predominantly address the economic and fiscal impacts on the Town Center and the City of Winter Springs as its own economic system. The economic impact analysis portion of the report shall address the impacts of the proposed project on jobs, economic output, and wages. The fiscal impact analysis portion shall pertain to the net fiscal impact of the project over a period of years which is the sum of those revenues (such as ad valorem taxes, public service taxes, sales taxes, and charges for service) directly received by the City minus the sum of expenditures incurred by the City (such as general government expenses, law enforcement, roads, and parks and recreation). (Ord. 2012 -05) Policy 2.3.4: Compatibility and Optimization of Tax Base. For purpose of determining whether a project has a positive and acceptable economic and fiscal impact on the City pursuant to Policy 2.3.3, the developer shall be required to demonstrate through its written economic and fiscal impact report that the project is in compliance with the following objective criteria: (1) The proposed project and associated land use is not only a permitted use within the applicable zoning transect, but is also compatible under existing conditions (existing, permitted, or master - planned development) at the proposed location with other adjacent or nearby land uses within the Town Center and any established surrounding neighborhoods. (2) The market demand for the proposed project is at least minimally feasible based on current market data including, but not limited to, data set forth in any economic development study conducted by the City. (3) Provided said project is first deemed compatible from a land use perspective under criteria (1) and market demand is deemed minimally feasible under criteria (2), the proposed project optimally increases and diversifies the City's tax base and economic well- being. With respect to the phrase "optimally increases," the proposed project's economic and fiscal impact shall be required to be the best result obtainable for the City under current economic and land use conditions. In furtherance of determining consistency with this provision, the developer's written economic and fiscal impact report shall analyze and compare the proposed project to either the City's preferred project or projects for the subject location as may be expressly set forth in the City's Town Center Master Plan or economic development study conducted pursuant to Policy 2.3.2, or if the plan or study does not so expressly provide, to a reasonable array of other potential alternative compatible projects authorized in the applicable zoning transect for the subject project location. Furthermore, the term "diversifies" means the extent that the proposed project reduces the City's reliance upon a residential tax base to fund the City's fiscal budget. Additionally, if the proposed project is a commercial project, the extent that the proposed project also provides different and needed services and jobs to the Town Center and the City. (4) Such other criteria set forth in the City's land development regulations. (Ord. 2012 -05) Policy 2.3.7: Quality of Life. Strive to improve the quality of life of Winter Springs' Public Hearings 500 PAGE 3 OF 7 - February 09, 2015 residents by encouraging an increased number and variety of thriving commercial businesses that are supported and complimented by high -end residential projects located in the Town Center. City of Winter Springs Comprehensive Plan - Housing Element Policy 1.1.15: Support the desired commercial activity and urban character desired for the Town Center by encouraging high density residential development subject to the Town Center District Code. (Cross Reference: Future Land Use Element, Policy 2.2.6); (Ord. 2012 -05) Winter Springs Town Center District Code - Section 20 -323, Permitted Uses Winter Springs Town Center District Code - Section 20- 321(2), Optional preliminary review DISCUSSION: Concept Plan Previously the applicant proposed a Concept Plan for a thirteen building apartment complex that would be developed into a total of 338 units on 13.9 acres at the northeast corner of the intersection of Michael Blake Boulevard and SR 434. On August 21, 2014 and December 2, 2014, the applicant held a meeting with concerned citizens to solicit their input on the proposed design. As a result of these meetings, no consensus was reached between the applicant and the citizens on the proposed design of the project. With this factor under consideration, City Staff and the applicant proposed a new layout and relocation of the project to a portion of the property under their ownership that is west of the intersection of Michael Blake Boulevard and SR 434, specifically on the east side of Tuskawilla Road behind the McDonalds restaurant. This proposal consists of mixed use buildings and apartment buildings located in the T5 zone (Urban Center Zone) of the Town Center. Multifamily uses such as apartments are a permitted use in the T5 zone of the Town Center. The Concept Plan proposes vehicular access to the site via Michael Blake Boulevard, two proposed "Town Center Streets ", and Tuskawilla Road. The property will be divided into four blocks. One of the "Town Center Streets" that will be created will be the extension of Tree Swallow Boulevard that will be constructed across the middle portion of the property. Buildings that are proposed with frontage on Tuskawilla Road will be mixed use with a first floor retail /office component. The remainder of the buildings will not be mixed use, but will consist of apartment units. Additionally, the developer has agreed to reserve the areas of the property that have frontage on SR 434 for mixed use and /or commercial development. The developer has agreed to enter into negotiations with the City for the possible sale to the City of a portion of the property along the east side of Tuskawilla Road, north of Tree Swallow. This property would be reserved for municipal /civic uses to include parking. Per the terms of the attached Development Agreement, this project is the only standalone multi - family residential project permitted to be developed on the entire property located north of S.R. 434, south of the Cross Seminole Trail, east of Tuskawilla Road, and west of the pedestrian trail bridge. In the event other multi - family projects are proposed on the remaining portions of the property, the units shall be incorporated into a mixed use development. A roundabout will be constructed at the proposed intersection of Michael Blake Boulevard and the Town Center Street (Tree Swallow Drive) that is proposed to run in an east/west direction across the property. The roundabout at this location was previously approved by the City Commission as part of the Michael Blake Boulevard project; Public Hearings 500 PAGE 4 OF 7 - February 09, 2015 however; construction of the roundabout was deferred until development of the surrounding land. The eastern end of the roundabout will be appropriately stubbed out to allow for the future continuation of Tree Swallow Drive to the east. A wet detention pond is proposed on the east side of the Cross Seminole Trail pedestrian bridge that will serve the development. This wet detention pond was previously designed and permitted as a master wet detention pond to serve the Town Center Phase II project. The pond is sized to handle stormwater runoff from the entire undeveloped portion of the Town Center Phase II property. Preliminary architectural elevations have been submitted that propose a muted, but varied color scheme that is consistent with the surrounding architecture exhibited in the Town Center. The elevations propose three -story buildings that are reflective of the urban nature and architectural styles mandated in the Town Center District Code. The applicant will be required to obtain final approval of the architectural elevations from the City Commission through the Aesthetic Review process. The buildings will be setback from property lines consistent with the setbacks that are required in the T5 (Urban Center Zone) of the Town Center, which range between zero and eight feet along front property lines, and will be oriented toward the streets they are fronting on. This setback range and design configuration is reflective of historic downtown layouts throughout the United States. Upon completion, this project will help to further create the urban sense of place that has materialized along Tuskawilla Road and State Road 434 with the completion of previously approved projects such as Phase I of the Town Center and Jesup's Reserve, and will help foster the transformation of these portions of Tuskawilla Road and State Road 434 into the main street, and urban boulevard that was envisioned in the Town Center master plan. The traffic study that was approved for the previous proposal will have to be modified to reflect the new layout that is proposed. On August 21, 2014, a community meeting was held in the City Commission chambers with the developer of the proposed apartment complex. Representatives of the developer presented conceptual design plans and solicited input and answered questions from the general public in regards to this project and how the proposed development fits into the City's overall vision for the Town Center. Based on the feedback from the community at this meeting, the developer made modifications to the design of the project. On December 2, 2014 a second community meeting was held. The developer's representative presented a modified conceptual design that addressed previous concerns from the general public regarding proximity of the apartment buildings to the Cross Seminole Trail and the adjacent Winter Springs Village development. This design moved the parcel that was reserved for future development along SR 434 to the northwest quadrant of the site and preserved it for future development. Upon the conclusion of this meeting, the concerns of the residents of the adjacent Winter Springs village development were not resolved, and City Staff and the applicant worked on the proposed layout and location of the project that is currently under consideration. The Concept Plan is in compliance with all applicable policies of the Comprehensive Plan and all applicable requirements of the City Code of Ordinances and the Town Center District Code. The applicant will be required to obtain City Commission approval of Final Public Hearings 500 PAGE 5 OF 7 - February 09, 2015 Engineering Plans and an Aesthetic Review prior to construction of the project. Development Agreement Per Section 20- 321(2) of the Town Center District Code, an applicant may proceed with the review of a Conceptual Development Plan and receive a formal recommendation of either approval or denial from City Staff regarding the Concept Plan provided it is accompanied by a written Development Agreement proposed by City Staff for the City Commission's approval. Based on this provision of the Code, City Staff and the applicant have negotiated a Development Agreement for this project that details the following: 1. Limits the development to no more than three hundred thirty -eight (338) multi - family dwelling units. 2. Requires the developer to fulfill a pre- existing obligation to design, permit and construct permanent master stormwater facilities for the entire property including the portion covered by this project. 3. Requires the developer to dedicate to the public any new streets that are constructed for this project. 4. Requires the developer to design, permit and construct a roundabout at the intersection of Michael Blake Boulevard and Tree Swallow Drive and stub out the eastern end of the roundabout for the future continuation of Tree Swallow Drive to the east. 5. Requires the developer to pay all ordinary and customary development permit fees imposed by the City. 6. Requires the developer to employ an on -site management company that is responsible for managing the day -to -day leases and tenant needs including maintenance of the property. In the event the development is converted into a condominium, the developer will be required to seek the reasonable approval of the City. 7. Limits this project to the only standalone multi - family residential project on the property. In the event other multi - family projects are proposed on the remaining portions of the property, the units shall be incorporated into a mixed use development. FISCAL IMPACT: Development of the property will provide an increase in taxable value to the City, and will provide additional population in the Town Center which will increase the Town Center's demographic base and strengthen the support for business and future commercial development within the Town Center. In accordance with Policy 2.3.3 of the Future Land Use Element of the Comprehensive Plan and Section 20- 321(3)(f) of the Winter Springs Town Center District Code, a detailed fiscal impact analysis is attached. 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 Public Hearings 500 PAGE 6 OF 7 - February 09, 2015 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. Community meetings were held with representatives of the applicant and the developer on August 21, 2014 and December 2, 2014 to solicit input and answer questions from the general public in regards to this project. An email distribution list for interested parties to sign up to receive information about this proposed project was also created. Additionally, the property has been posted with a large yellow sign noting the date and time of the public hearings. RECOMMENDATION: In accordance with Section 20- 321(2) of the Town Center District Code, the Community Development Department — Planning Division requests the City Commission approve: 1) Concept Plan, and 2) Development Agreement for an apartment complex with a minimum of 250 units and a maximum of 338 units located on the east side of Tuskawilla Road, the north side of SR 434 and the west side of Michael Blake Boulevard in the T5 zone (Urban Center Zone) of the Town Center. ATTACHMENTS: A. Concept Plan B. Development Agreement C. Preliminary Architectural Elevation D. Fiscal Impact Analysis E. Minutes - November 5, 2014 Planning & Zoning Board meeting F. Original Concept Plan submittal G. Revised Concept Plan submittal based on public input H. Future Development Commitment Agreement between City of Winter Springs and Winter Springs Holdings, dated August 23, 2010, O.R.B. 07486, Page 0146 -154 Public Hearings 500 PAGE 7 OF 7 - February 09, 2015 Attachment "A" �11 71 Z: -S C-- 3.e. 434- 9 vog7 ti — : u�� InAl W76 COAz�T — ^44 IR414:7-1 r - SISIF p,--A6eA% 3(4) or'7Wk7 DC/ n6 7- AV-,Z101r O'rJrCowoMF--'S CONCE 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 DEVELOPMENT AGREEMENT Attachment "B" Draft 2/3/2015 FOR RECORDING DEPARTMENT USE ONLY (Multi- family/Mixed Use Apartment Project — S.R. 434) THIS DEVELOPMENT AGREEMENT (the "Agreement ") is made and executed this day of January, 2015, 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 WINTER SPRINGS HOLDINGS, INC.., a Delaware corporation, ( "Developer "), whose address is 900 Seventh Street NW, Washington, D.C. 20001. WITNESSETH: WHEREAS, Developer is the fee simple owner of certain real property currently located in the City of Winter Springs, Florida and within the Town Center, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is subject to the City's specific Town Center Comprehensive Plan policies and land development codes ( "Town Center Policies "); and WHEREAS, Developer desires to construct a development project consisting of standalone multi - family units and commercial /multi - family mixed use units on a portion of the Property, fronting the north side of State Road 434 and predominantly located between Michael Blake Boulevard and Tuskawilla Road that is keeping in the character of the Town Center Policies ( "Project "); and WHEREAS, the Developer has requested that the City Commission grant an optional preliminary approval of the Project in accordance with Section 20- 321(b)(2) of the Town Center District Code and this Agreement; and WHEREAS, the City and Developer desire to set forth the following terms and conditions with respect to the development of the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference including, but not limited to, the definitions created in the parentheticals for the terms "Agreement," "Property," "Project," and "Town Center Policies," and 2. AuthorilX. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act and pursuant to Section 20- 321(b)(2) of the Town Center District Code. 3. Proiect Obligations and Commitments. In consideration of the City and Developer entering into this Agreement, the City and Developer hereby agree as follows: (a) Approval of Concept Plan. Developer shall design, permit and construct a development project consisting of a combination of standalone multi - family units and commercial/multi- family mixed use units on a portion of the Property as generally depicted on the conceptual development plan which is attached hereto and fully incorporated herein as Exhibit "B." Further, the architecture of the residential buildings for the development project shall be designed in a manner substantially similar to the building elevation which is attached hereto and fully incorporated herein as Exhibit "C." The conceptual development plan and the building elevation shall hereinafter be called the "Concept Plan." The Developer shall submit proposed building elevations for the mixed use buildings for the City's consideration after the Effective Date of this Agreement in accordance with the Town Center District Code. The number of dwelling units permitted within the aforementioned development project shall not exceed three hundred thirty -eight (338) dwelling units. Notwithstanding the City's approval of the Concept Plan, Developer shall have the obligation to further submit and obtain the City's approval of a final site plan and final engineering plans which approval shall not be unreasonably withheld if said plans are consistent with the Concept Plan in all material respects and in compliance with the City Code. Developer shall also have the obligation to construct aesthetic reasonable enhancements to the Project consistent with the Town Center District Code and the City's aesthetic review process and requirements. Developer acknowledges and agrees that the Concept Plan was not presented to the City with specific surveyed dimensions and that during the final site plan and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable City Codes. Further, the elevations, roof lines, and architectural features depicted in the Concept Plan for the residential buildings may have to be adjusted during the City's final review and approval procedures to satisfy the requirements of the City Code. As such, Developer and the City agree that the Concept Plan is subject to reasonable adjustments at the final site plan and final engineering phase in order to bring the Project into full compliance with the City Code, particularly the Town Center District Code. (b) Master Stormwater Retention Facility. The parties acknowledge and agree that the Developer has a pre- existing obligation to design, permit and construct permanent master stormwater facilities for the entire Property including the portion covered by this Project. Said obligation is memorialized in that certain Future Development Commitment Agreement by and between the City and Winter Springs Holdings, Inc., dated November 10, 2010, and recorded in O.R.B. 07486, Page 0146 -154 ( "Existing Agreement ") and remains in full force and effect. Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -2- The construction of the permanent master stormwater facilities are now required to be designed, permitted and constructed by Developer in conjunction with this Project. The permanent master stormwater facilities shall be owned and maintained by the Developer, with a drainage easement dedicated to the City over all of the stormwater facilities supporting Michael Blake Boulevard and other related City streets. Pursuant to the Existing Agreement, Developer agrees to design, permit and construct the master stormwater facilities concurrent with the Project. Said facilities shall be located as generally depicted on the Concept Plan. For purposes of interpreting the aforesaid paragraph 3.6 (B), the parties acknowledge that "Spine Road" is now known as Michael Blake Boulevard and Developer shall be considered the "Owner." (c) Access Points and Street Frontage. The access points and street frontage depicted on the Concept Plan are intended to be tentative representations that still require additional reasonable City staff review and comments during the site plan and final engineering review phase of the Project before the access points and street frontage are engineered by Developer. (d) New Streets. Any new streets constructed by the Developer in furtherance of the Project shall be public streets and all such streets shall be conveyed to the City. All such land conveyances shall be by warranty deed and free and clear of all encumbrances, unless prior to the conveyance, the City notifies the Developer, in writing, that it will accept an encumbrance based on the City's determination that the encumbrance does not materially interfere with the use or maintenance of the street being conveyed.. Conveyance of roadway and streetscape improvements shall be by bill of sale and free and clear of all liens. The warranty deed and bill of sale shall be in a form reasonably acceptable to the City Attorney. (e) Roundabout. Concurrent with the permitting and construction of the Project and subject to approval by the City, Developer shall design, permit, and construct the roundabout at the intersection of Michael Blake Boulevard and Tree Swallow Drive. The eastern end of the roundabout will be appropriately stubbed out to allow for the future continuation of Tree Swallow Drive to the east. Upon completion of the roundabout and acceptance by the City, conveyance of roundabout streetscape improvements shall be by bill of sale and free and clear of all liens. The bill of sale shall be in a form acceptable to the City Attorney. (f) Development Permit Fees. Developer agrees to pay all ordinary and customary development permit fees which have been established by the City Commission including, but not limited to, application, building, and impact fees. A schedule of the current fees is on file in the City's Community Development Department. (g) Mandatory On -Site Management of Property; Future Condominium Conversion of the Project. The intent and purposes of this Paragraph is to apply only to the Project building and is not intended to apply to the remainder of the Property which will be developed in the future. With respect to the Project, Developer shall be required to employ an appropriate number of on -site personnel, or an on -site management company that will be responsible for managing the day -to -day leases and tenant needs in a manner that is commonly accepted in the local residential rental market for luxury apartments. Developer shall also be Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -3- responsible for maintaining, in good condition and in compliance with any and all applicable City property maintenance codes, any and all common areas, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities. associated with the Project, However, in the event that the Developer desires to convert the Project into a condominium in the future, Developer shall be required to first seek the reasonable approval of the City in accordance with the City's subdivision of land and other City Code requirements including, but not limited to zoning/building(fire code requirements which will not be unreasonably withheld. If the conversion is approved by the City, Developer shall form a mandatory condominium association (the "Owners Association ") for purposes of managing the day -to -day condominium owner needs and maintaining any and all common areas, the parking facilities, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities associated with the Project. The Developer will file a Declaration of Condominium, (the "Declaration ") among the Public Records of Seminole County, Florida to evidence the formation of the Owners Association and establish its rights, duties and obligations. The Declaration shall be in a form reasonably acceptable to the City Attorney and, shall require the Owners Association, and the members thereof, to be bound by the terms and conditions of this Agreement. (h) Other Required by Commission (if any) [To be Determined] 4. Binding Covenant on Property — Future Apartment Units. Developer hereby covenants and agrees that the Project will be the only standalone multi - family apartment development on the entire Property. No other standalone multi - family apartment project will be developed on the remaining portions of the Property. If the City approves, in its discretion, any other multi - family apartment units on the remaining portion of the Property, said units shall be required to be incorporated into, and constructed concurrent with, a mixed use development project in accordance with the applicable provisions of the Town Center District Code. The covenant provided under this Paragraph 4 was freely given by the Developer in consideration of the development rights granted by the City hereunder and shall constitute a separate and binding land use covenant running with the Property which shall be enforceable by the City. Should this Agreement be terminated by either party, this Paragraph shall survive termination unless this Paragraph is expressly terminated by the parties by separate legal instrument recorded in the Official Public Records of Seminole County, Florida. 5. 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. 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 terns and conditions of this Agreement. 6. 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 Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -4- assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. 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. 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Developer as to the subject matter hereof. 10. 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. 11. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 12. Recordation. This Agreement shall be recorded in the Official Public Records of Seminole County, Florida. 13. 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. 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 15. 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. 16. 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. 17. Third -Party Riehts. 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. 18. 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 Developers Agreement City of Winter Springs and Winter Springs Holdings, Inc. -5- by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 19. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20. 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. 21. 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 construction of the Project within three (3) years of the effective date of this Agreement. However, if the failure is caused by a delay which is the direct result of the City's breach of this Agreement, the three year time period shall be extended by an amount of time equivalent to the delay time period. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. [Signature pages to follow) Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -6- ATTEST: By: Andrea Lorenzo Luaces, City Clerk CITY SEAL Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness signature of Witness Printed Name of Witness DISTRICT OF COLUMBIA CITY OF WINTER SPRINGS By: Charles Lacey, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: IM Anthony Garganese, City Attorney for the City of Winter Springs, Florida WINTER SPRINGS HOLDINGS, INC., a Delaware corporation By: Print name: Its President Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -7- The foregoing instrument was acknowledged before me this day of 2015, by , as President of Winter Springs Holdings, Inc., a Delaware Corporation, on behalf of said corporation. 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: Developer's Agreement City of Winter Springs and Winter Springs Holdings, Inc. -8- SATI FACTOR • fo SCAHNI LfGAL DESCRIPTIOM tmcr 7 a. D.A. macKMS SM& CF TK t&W COW ON UuM JCMW L vr 20 SPISSWEPACOWME31 OW *M MA IU*NW 21 UA I" PM njomft PARV*MW MAN EMU I'M M MOL car mm RM 434 00 PAMA WFAMMW AT iuml%24LA Mff OF W-48 TEA Sn OF 60'M'F MAS'5,*.%,LMMCR SOMEXUAFRa3a VW Lpp. 7HB= OMvARM SW SMAW Mko JL PW an TkM W 't _XkOW AS ERA OF, r - -ALM SO OF W RMW or OF IWOEAVJZWXL A A OF w FW COME Im MGHT if I IM1.3%fil A A Ix wom MA CORILSIMAM EVJWM S r25141asmonoff MW Bm SAID ON or m c3A wo tw AUM OF 70 0 70com Wft 0 CMM 4U53 AWM (:t=,gftg SCL MI UM OR WL F Ca = n' x W saggn s S 1 �SI�73 \ 1PE51�d�+�RL ,�S�O�t�ngG ucT! -�! 4 ■ mix�v -�/5E � 6x/57-- %. c�omm��err�+F/ c m�oae+a�cos� .ac(' zmm�ec.,gc./ rnixEV= uS�' rnFx�v - use (::::-- ¢3¢ V l 0 ty �7 %� �P�l�RaX. SCAM: /Nr,2D0� N47E: LISA oN WA-- Giw£,;- FIAK1 - &Q+A9GS IM147- 1'1AM11 r - SZE P1W-vr: ! J(a} of nk' -Dv"Ofm r AlrP IW&J,- IV QL L�C K 5 N-Cow"r- 5 CONCEPT PLAN EXHIBIT c, Whitaker Capital Proposed Town Center Apartments - Elevation Y Pte- i Attachment "C" Attachment "D" Economic Impact of Winter Springs Apartments in Winter Springs, FL Executive Summary January 16, 2015 Prepared by: City of Winter Springs Economic Development 1126 East State Road 434 Winter Springs, FL 32708 This summary was prepared by the City of Winter Springs Economic Development Department using Total Impact by Impact DataSource. Please consult the full economic impact report for additional details and assumptions used in this analysis. Page 1 Project Description Develop 338 unit aparatment community, with clubhouse, fitness center, pool and other amenities. Summary of the Economic Impact of the Project on the City of Winter Springs The project will have the following economic impact on the City of Winter Springs over the first 10 years: I * Number of new residents in the city, not necessarily the number of occupants in the new residential units Economic Impact Over the First 10 Years on the City of Winter Springs Indirect & Direct Induced Total Total number of permanent direct and indirect jobs to be created Salaries to be paid to direct and indirect workers The market value the residential community's property on local tax rolls in Year 1 Page 2 12 0 12 $6,037,388 $420,202 $6,457,591 $33,500,000 $0 $33,500,000 One - Bedroom Two - Bedroom Three - Bedroom Four - Bedroom Five - Bedroom Total Units Units Units Units Units Units Apartments 209 123 6 0 0 338 Townhomes 0 0 0 0 0 0 Single Family Residences ML 0 0 0 0 0 0 Total Residential Units .�= IL 209 123 6 0 0 338 New Residents* MEMO&=== 277 20 0 0 532 I * Number of new residents in the city, not necessarily the number of occupants in the new residential units Economic Impact Over the First 10 Years on the City of Winter Springs Indirect & Direct Induced Total Total number of permanent direct and indirect jobs to be created Salaries to be paid to direct and indirect workers The market value the residential community's property on local tax rolls in Year 1 Page 2 12 0 12 $6,037,388 $420,202 $6,457,591 $33,500,000 $0 $33,500,000 Costs and Benefits for Local Taxing Districts The project will generate additional benefits and costs for local taxing districts. A summary of these additional benefits, costs and net benefits is provided below. The source of specific benefits and costs are provided in more detail for each taxing district on subsequent pages. Distribution of Net Benefits Over the First 10 Years Fire District $853,654 St. John's diver WMD, $115,926 Seminole County Public Schools, $3,391,025 Seminole County, $2,935,366 Page 3 City of Winter Springs, $32,243,553 Present Additional Additional Net Value of Benefits Costs Benefits Net Benefits* City of Winter Springs $40,735,482 ($8,491,929) $32,243,553 $25,061,769 Seminole County $3,885,789 ($950,424) $2,935,366 $2,302,753 Seminole County Public Schools $8,435,878 ($5,044,852) $3,391,025 $2,731,902 St. John's River WMD $115,926 $0 $115,926 $88,858 Fire District $853,654 $0 $853,654 $654,330 Total $54,026,729 ($14,487,205) $39,539,524 $30,839,611 *The Present Value of Net Benefits is a way of expressing in today's dollars, dollars to be paid or received in the future. Today's dollar and a dollar to be received or paid at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing entity's discount rate. This analysis uses a discount rate of 5% to make the dollars comparable. Distribution of Net Benefits Over the First 10 Years Fire District $853,654 St. John's diver WMD, $115,926 Seminole County Public Schools, $3,391,025 Seminole County, $2,935,366 Page 3 City of Winter Springs, $32,243,553 Benefits and Costs for the City of Winter Springs The table below displays the estimated additional benefits, costs and net benefits to be received by the city over the first 10 years of the project. Appendix C contains the year -by -year calculations. Page 4 Add'I Benefits Add'I Costs Net Benefits Sales Taxes* $435 $435 Property Taxes $924,918 $924,918 Building Permits $180,000 $180,000 Impact Fees Police $113,429 $113,429 Fire $236,600 $236,600 Transportation $751,641 $751,641 Parks $405,600 $405,600 Connection /Tap Fees $250,000 $250,000 Other Revenues, Taxes & Fees: Residential Community City -Owned Utility Revenues $3,525,241 $3,525,241 Electricity Franchise Fees $9,776,113 $9,776,113 Electricity Taxes $17,174,820 $17,174,820 Water /Wastewater Taxes $288,678 $288,678 Natural Gas Taxes $0 $0 Communication Services Taxes $26,292 $26,292 Other Taxes & User Fees $67,021 $67,021 Other Revenues, Taxes & Fees: New Residents City -Owned Utility Revenues $2,496,525 $2,496,525 Electricity Franchise Fees $261,185 $261,185 Electricity Taxes $317,381 $317,381 Water /Wastewater Taxes $225,226 $225,226 Natural Gas Taxes $186,511 $186,511 Communication Services Taxes $512,576 $512,576 Other Taxes & User Fees $2,930,572 $2,930,572 Other Revenues, Taxes & Fees: New Worker Residents City -Owned Utility Revenues $34,925 $34,925 Electricity Franchise Fees $3,347 $3,347 Electricity Taxes $3,177 $3,177 Water /Wastewater Taxes $2,562 $2,562 Natural Gas Taxes $2,175 $2,175 Communication Services Taxes $3,850 $3,850 Other Taxes & User Fees $34,681 $34,681 Costs: New Residential Community Cost of City -Owned Utility Service ($3,384,231) ($3,384,231) Cost of Services ($59,180) ($59,180) Costs: New Residents Cost of City -Owned Utility Service ($2,396,664) ($2,396,664) Cost of Services ($2,587,702) ($2,587,702) Costs: New Worker Residents Cost of City -Owned Utility Service ($33,528) ($33,528) Cost of Services ($30,624) ($30,624) Total $40,735,482 ($8,491,929) $32,243,553 Present Value (5% discount rate) $31,567,067 ($6,505,298) $25,061,769 Page 4 * The analysis identifies the net effect on city revenues from additional taxable sales in the area. See the Methodology section for details. Page 5 Benefits and Costs for the City of Winter Springs - Continued The following table summarizes the year -by -year benefits, costs and net benefits to the city over the first 10 years. $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 ( $1,000,000) ($2,000,000) City Net Benefits Over the First 10 Years 1 2 3 4 5 6 7 8 9 10 Year Benefits M Costs Page 6 Net Benefits Cumulative Cumulative Additional Additional Net Net Present Value Present Value Benefits Costs Benefits Benefits of Net Benefits of Net Benefits Year 1 $5,481,226 ($775,538) $4,705,687 $4,705,687 $4,481,607 $4,481,607 Year 2 $3,614,650 ($791,049) $2,823,600 $7,529,288 $2,561,089 $7,042,696 Year 3 $3,686,793 I. ($806,870) $2,879,923 $10,409,210 $2,487,785 $9,530,481 Year 4 $3,760,381 IN ($823,008) $2,937,374 $13,346,584 $2,416,585 $11,947,066 Year 5 $3,835,444 I. ($839,468) $2,995,976 $16,342,560 $2,347,426 $14,294,492 Year 6 $3,912,011 IN ($856,257) $3,055,754 $19,398,314 $2,280,250 $16,574,742 Year 7 $3,990,111 I. ($873,382) $3,116,729 $22,515,043 $2,215,001 $18,789,743 Year 8 $4,069,776 ($890,850) $3,178,927 $25,693,970 $2,151,623 $20,941,366 Year 9 $4,151,037 �F ($908,667) $3,242,370 $28,936,340 $2,090,061 $23,031,427 Year 10 $4,234,053 ($926,840) $3,307,213 $32,243,553 $2,030,342 $25,061,769 Total $40,735,482 ($8,491,929) $32,243,553 $25,061,769 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 ( $1,000,000) ($2,000,000) City Net Benefits Over the First 10 Years 1 2 3 4 5 6 7 8 9 10 Year Benefits M Costs Page 6 Net Benefits Benefits and Costs for Seminole County The table below displays the estimated additional benefits, costs and net benefits to be received by the county over the first 10 years of the project. Appendix C contains the year -by -year calculations. The following table summarizes the year -by -year benefits, costs and net benefits to the county over the first 10 years. Add'I Benefits Add'I Costs Net Benefits Sales Taxes* $1,363 Cumulative $1,363 Property Taxes $1,786,193 Net $1,786,193 Tourist Development Taxes $0 $0 Impact Fees Benefits Benefits of Net Benefits Transportation $267,696 $615,991 $267,696 Library $18,252 $503,992 $18,252 Other Taxes & User Fees: Residential Com. -Mk $98,828 ($88,535) $98,828 Other Taxes & User Fees: New Residents�F $1,648,431 $728,676 $1,648,431 Other Taxes & User Fees: New Worker ResidentZI $65,027 $252,381 $65,027 Cost of Services: Residential CommunityllIlME $946,692 ($51,829) ($51,829) Cost of Services: New Residents I $257,146 ($864,493) ($864,493) Cost of Services: New Worker Residenn s�J Year 5 ($34,102) ($34,102) Total $3,885,789 ($950,424) $2,935,366 Present Value (5% discount rate) $3,030,831 ($728,078) $2,302,753 * The analysis identifies the net effect on city revenues from additional taxable sales in the area. See the Methodology section for details. The following table summarizes the year -by -year benefits, costs and net benefits to the county over the first 10 years. $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 ( $100,000) ($200,000) 1 2 3 4 5 6 7 8 9 10 Benefits Costs Year Net Benefits Page 7 Cumulative Cumulative Additional Additional Net Net Present Value Present Value Benefits Costs Benefits Benefits of Net Benefits of Net Benefits Year 1 $615,991 ($86,799) $529,192 $529,192 $503,992 $503,992 Year 2 $336,249 ($88,535) $247,714 $776,906 $224,684 $728,676 Year 3 $342,686 ($90,306) $252,381 $1,029,287 $218,016 $946,692 Year 4 $349,257 ($92,112) $257,146 $1,286,432 $211,554 $1,158,246 Year 5 $355,965 ($93,954) $262,011 $1,548,443 $205,292 $1,363,539 Year 6 $362,811 ($95,833) $266,978 $1,815,421 $199,223 $1,562,762 Year 7 $369,799 ($97,750) $272,050 $2,087,470 $193,341 $1,756,102 Year 8 $376,932 ($99,705) $277,227 $2,364,698 $187,638 $1,943,741 Year 9 $384,212 A& ($101,699) $282,514 $2,647,211 $182,111 $2,125,851 Year 10 , $391,887jiW$103,733) $288,154 $2,935,366 $176,902 $2,302,753 Total $3,885,7850,424) $2,935,366 $2,302,753 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 ( $100,000) ($200,000) 1 2 3 4 5 6 7 8 9 10 Benefits Costs Year Net Benefits Page 7 Benefits and Costs for Seminole County Public Schools The table below displays the estimated additional benefits, costs and net benefits to be received by the school district over the first 10 years of the project. Appendix C contains the year -by -year calculations. Benefits for Other Taxing Districts The table below displays the estimated additional property taxes to be received by other taxing districts over the first 10 years of the project. Appendix C contains the year -by -year calculations. Additional Benefits St. John's River WMD $115,926 Fire District $853,654 Total $969,580 Page 8 Additional Additional Net Benefits Costs Benefits Property Taxes $2,893,389 $2,893,389 Additional State & Federal School Funding $4,832,688 $4,832,688 Impact Fees $709,800 $709,800 Cost of Educating New Students ($5,044,852) ($5,044,852) Total $8,435,878 ($5,044,852) $3,391,025 Present Value (5% discount rate) $6,581,413 $3,849,511 $2,731,902 Benefits for Other Taxing Districts The table below displays the estimated additional property taxes to be received by other taxing districts over the first 10 years of the project. Appendix C contains the year -by -year calculations. Additional Benefits St. John's River WMD $115,926 Fire District $853,654 Total $969,580 Page 8 Attachment "E" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 5, 2014 PAGE 2 OF 12 CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, October 1, 2014 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE LAST MEETING." MOTION BY VICE - CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER MILLER: AYE BOARD MEMBER PHILLIPS: AYE CHAIRPERSON HENDERSON: AYE VICE - CHAIRPERSON CASMAN: AYE MOTION CARRIED. 400. REPORTS No Reports were given. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division The Community Development Department — Planning Division Requests The Planning And Zoning Board Consider A Preliminary Site Plan (PSP) For A 338 Unit Apartment Complex Located On The Northeast Corner Of The Intersection Of State Road 434 And Michael Blake Boulevard. Mr. Bobby Howell, AICP, Planner, Community Development Department introduced the Agenda Item and mentioned different aspects of the project, noting the developer's willingness to work with City Staff and that the Preliminary Site Plan is in line with the Town Center District Code. Referring to the Community Meeting, held on August 21, 2014 between City Staff, residents and the Developer, Board Member Suzanne Walker asked "What were some of the changes that were made based upon community input at that time ?" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 5, 2014 PAGE 3 OF 12 Mr. Howell explained that the trash compactor had been moved as requested and noted that the Developer was present this evening and available to answer further questions. Mr. Brian Love, representing Whitaker Capital, LLC.: summarized some of the issues and their changes, including the proximity to the pedestrian trail, creating a buffer, more green space, and the trash compactor was moved. Vice - Chairperson Howard Casman asked if there were any other issues brought up during the Community Meeting. Responding, Mr. Love said, "I think there is a myriad of issues and questions and comments and I'll say we did our best to address as much as we could." Regarding the orientation of the apartment complex, Mr. Love continued, "Through discussions with the City, really, the vision of the Town Center puts us into this layout." Mr. Love also emphasized that they would like this to be a "discussion not a dictation" between all parties involved. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department briefly spoke on Staff s desire not to pursue further apartment complexes but to see more commercial development in and around the Winter Springs Town Center. Brief discussion. Chairperson Henderson opened "Public Input ". Ms. Colleen Murphy, 684 Fanning Drive, Winter Springs, Florida: spoke on behalf of the Winter Springs Village Homeowner's Association, acknowledged the City's need to grow its tax base and the desire for an economically viable Town Center, mentioned the closeness in proximity of the complex to Winter Springs Village, loss of sense of community, potential increase in crime, traffic and noise pollution, declining home values, future implications, and preferable alternative plans. Mr. Eric Beach, SIS Buckhorn Drive, Winter Springs, Florida: spoke briefly about when he moved to Winter Springs and spoke on issues related to residents that are not vested in the community. Mr. Amarildo Monsalve, 604 Treehouse Street, Winter Springs, Florida: commented briefly about transient populations normally associated with rental units and its potentially negative impact on surrounding neighborhoods. Mr. Todd A. Stewart, 103 St. Johns Landing Drive, Winter Springs, Florida: remarked about his concerns with traffic, a decline in home values, and the Cross Seminole Trail. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — NOVEMBER 5, 2014 PAGE 4 OF 12 Mr. Howard "Jim " Thomson, 931 Ginnie Way, Winter Springs, Florida: mentioned potential traffic jams at some locations and was concerned that the new Commissioner recently Elected would not have enough time to fully assess the situation before a Vote takes place by the City Commission. Chairperson Henderson responded, "Yes, he will be" and emphasized that this is only a Preliminary Site Plan. Mr. Greg Roth, 782 Gainer Way, Winter Springs, Florida: acknowledged the Developer's right to build, offered an alternative location for the apartment complex and spoke about access roads. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: spoke about visibility issues, the Town Center District Code, lack of signage, and exceeding capacities for surrounding schools. Mr. Mike Cannell, 221 Torcaso Court, Winter Springs, Florida: asked for clarification on the exact location of the development, remarked about previous highly productive collaborations with the City and suggested that a workshop would be beneficial in helping to solve the current issues. Ms. Gina Shafer, 434 Buckhorn Drive, Winter Springs, Florida: spoke about traffic issues outside of housing developments and schools. Mr. David Bowen, President, St. Johns Landing Community Association, 105 St. Johns Landing Drive, Winter Springs, Florida: discussed Winter Springs' limitations, the unlikelihood of commercial growth, small job market, potential traffic issues, parking issues, long -term apartment maintenance, and suggested townhomes instead of apartments. Chairperson Henderson closed "Public Input ". Next, Chairperson Henderson asked the City Engineer comment about a possible traffic light on Michael Blake Boulevard and the extension of Orange Avenue. Mr. Brian Fields, P.E., City Engineer, Public Works Department referenced the Transportation Master Plan that distributes traffic in the Town Center and its future implementation as it is warranted. Tape 1 /Side B Continuing, Mr. Fields mentioned Orange Avenue and its status and noted, "We are currently in design for Orange Avenue to extend Orange Avenue as a permanent real road through Central Winds Park — it is targeted and scheduled for construction next calendar year." Mr. Fields commented further on traffic and streets. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 5, 2014 PAGE 5 OF 12 Discussion followed on the capacity of vehicles that the Transportation Master Plan can accommodate to which Mr. Fields remarked, "This network of streets — this was designed in concept to be modified as developments come in around it." Board Member Walker asked if there would be lane widening on State Road 434. Mr. Fields stated, "On State Road 434? No." Mr. Fields emphasized that six (6) lanes is not envisioned for State Road 434 and added, "We would like to see lower speeds, more access, so residents and businesses — people slow down and stop and in our downtown area. Discussion followed on the timeline of these projects. Vice - Chairperson Howard Casman also suggested a workshop to aid in solving the issues. Mr. Love answered, "Sure, we're happy to do it." Mr. Love spoke on the added benefit of community input, and the site orientation being a concern to some. Brief discussion followed about the number of apartments in the Winter Springs area. Furthermore, Vice - Chairperson Casman asked, "You would be willing to sit down with these people again, in a workshop type atmosphere? Maybe invite people over from St. Johns Landing and other communities in the area that have worked through this to help them understand what you are doing and how it will affect them." Mr. Love replied, "Sure — like I said we've done it before, we'll do it again." Comments continued on the neighboring property and apartments versus townhomes. Speaking to Mr. Fields, Board Member Walker voiced her apprehension about potential traffic issues and asked for further information. Mr. Fields commented on traffic generation in commercial and residential areas and stated, "We feel like the network and Master Plan that we have, has anticipated high density development in the Town Center at this location. We don't know what mixture of Uses it'll be, but we have a complete network of streets and intersections that is ready to be developed. There are funding sources, including Developer funded improvements to accommodate that traffic." Board Member Walker praised City Staff "Who do a wonderful job and are very diligent and have a lot of integrity in their work" and asked if there was an opportunity to change the orientation of the development in an attempt to try and appease nearby residents. Mr. Stevenson discussed community involvement in the Town Center Master Plan and the City's attempts to build a demographic within the Town Center, and pointed out, "One of reasons that we have it oriented the way you see it here, is that we are still trying to protect some commercial or Mixed -Use area." Mr. Stevenson clarified why the development could not be located on Tuskawilla Road and mentioned the City's efforts to keep natural /green spaces, reduce visibility issues, and implement directional /way finding signage. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 5, 2014 PAGE 6 OF 12 Board Member Bart Phillips commented on limiting the quantity of apartment complexes to create a thriving supply and demand factor. Mr. Stevenson agreed and mentioned the desire for more Mixed -Use and retail spaces. Much discussion followed. "I WOULD MAKE A RECOMMENDATION THAT THE PLANNING AND ZONING BOARD FORWARD TO APPROVAL TO THE CITY COMMISSION WHO WOULD TABLE THIS APPROVAL PENDING A WORKSHOP." MOTION BY VICE - CHAIRPERSON CASMAN. SENIOR ATTORNEY KOPP STATED, "DO YOU WANT TO MAKE IT SO THAT A WORKSHOP IS HELD, WITH THE PUBLIC PRESENT..." VICE - CHAIRPERSON CASMAN REMARKED, "...ABSOLUTELY..." SENIOR ATTORNEY KOPP CONTINUED, "...WITH THE DEVELOPER, EITHER PRIOR TO THE CITY COMMISSION OR THE CITY COMMISSION COULD TABLE IT — THAT WAY IF THEY COULD..." MR. STEVENSON ADDED, "...I THINK THE CITY COMMISSION, BECAUSE OF THE ADVERTISING AND TO PRESERVE ADVERTISING AND MY ADVERTISING DOLLARS, WOULD PROBABLY CONTINUE IT TO A DATE CERTAIN, ALLOWING FOR TIME TO HAVE THE WORKSHOP PRIOR TO THEM CONSIDERING THE CONCEPT PLAN." CONCURRING, SENIOR ATTORNEY KOPP STATED, "YOU COULD DO THAT OR YOU COULD TRY TO HAVE THE WORKSHOP PRIOR TO THE MEETING AS WELL, EITHER WAY." MR. STEVENSON MENTIONED, "IT'S ON THE SEVENTEENTH (NOVEMBER 2014)." VICE - CHAIRPERSON CASMAN NOTED, "ALL WE ARE LOOKING TO DO IS PROTECT OUR NEIGHBORS AND IN THAT SENSE WE COULD RECOMMEND IT TO BE FORWARDED FOR APPROVAL TO THE CITY COMMISSION, BUT THEY SHOULD TABLE IT PENDING A WORKSHOP." SENIOR ATTORNEY KOPP MENTIONED, "THEY CAN AND THEY COULD — PERSERVE THEIR ADVERTISING COSTS BY CONTINUING TO A TIME AND DATE CERTAIN..." VICE - CHAIRPERSON CASMAN SAID, "...THAT WAY THESE PEOPLE ARE GUARANTEED A VOICE BEFORE ANY FINAL DECISION IS MADE." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - NOVEMBER 5, 2014 PAGE 7 OF 12 ADDITIONALLY SENIOR ATTORNEY KOPP STATED, "THEY WOULD HAVE A PUBLIC HEARING AT THE CITY COMMISSION ANYWAY, SO THEY WOULD BE HEARD EITHER WAY, BUT YES." SECONDED BY BOARD MEMBER WALKER. DISCUSSION. ASSISTANT TO THE CITY CLERK ANTONIA DELLA DONNA ASKED FOR CLARIFICATION THAT "THE MOTION IS APPROVE THIS TO GO TO THE CITY COMMISSION, THAT THEY'LL TABLE IT..." CHAIRPERSON HENDERSON STATED, "...WITH THE RECOMMENDATION THAT THEY TABLE IT AND HOLD A WORKSHOP." IN ADDITION, MR. STEVENSON ASKED, "COULD WE CHANGE THE WORD `TABLE' TO `CONTINUE TO DATE CERTAIN' ?" CHAIRPERSON HENDERSON AGREED ANDVICE - CHAIRPERSON CASMAN NODDED IN AGREEMENT. NO OBJECTIONS WERE VOICED. VOTE: VICE - CHAIRPERSON CASMAN: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER MILLER: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. Chairperson Henderson called a Recess at 7: 00 p.m. The Meeting reconvened at 7:05 p. m. PUBLIC HEARINGS 501. Community Development Department — Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Consider: 1) Final Engineering Plan, And 2) Aesthetic Review For Dunkin Donuts, A 6,883 Square Foot Building With A 2,310 Square Foot Dunkin Donuts Restaurant And Three Associated Retail Bays Located On The Southeast Corner Of The Intersection Of State Road 434 And Stone Gable Circle. Mr. Howell introduced the Agenda Item and gave a brief description of its origin, Permitted Uses, and some recent aesthetic improvements. In reference to the landscaping, Board Member Walker commented about the Developer's plans to add any type of greenery; and Mr. Howell referenced the Landscape Plan and the variety of trees. Attachment "1 -" PROPOSED LIFT STATION PARCEL ID #k 26- 20- 305AR -OA00 -0080 ® _ - 195 50 MICHAEL BLAKE BLVD. -=�� °•y �o '" ' r? ETAI < �s �o ti c vicw 'USING TF,U- CRN1T :oNE, sECnovs. m EoGEJFr.LnNTceSTeesT�eET.�,, csoavmnvl SE p� z s. Is= 9, T eg �a a;4gs I 9 U I_I I I.7 I I U _ m 80 D z v 0 � o _ - — a � I I f Q it c w w # J J i -AL . UNITS 1. MLPARnG 547 ISUFFCE&G AGE RAnO 8e o .�6`iINB cd 8°F`i '5 3c °s' = YSs+P g. 3 & z � � OR Ul - o TOWN CENTER STREET - A 24 24 17- OR 1 •• 1 � U� g O a a - - w E u11111111=11111111fl :..:: ::. ....... 20 Lff ...- ...�.. I, �� Z � W O Q a r { V _ O w o ,„. PROPOSED COMPACTOR / 3DOR18 NVI?J1S30 PROPOSED -RETENTION POND C-1 PEDESTRNNI�TFWL zccacnmeac ^c^ -- ��_ EDGE DRIVE - - a NRPE �a - j I oEVEiov�r a � � 2 ■ ,PB,P i � I P�,xov�,=sro M,oxo,o � TOWN CENTER STREET I � --E POOL &Z9S 3 wu A' omm,2222 _ ` GG n ■ n min, 1 Q mmmm I M� SITE LEG /i t) THE PRESTON PARTN.� ERSHI=l —co MNTERSPRINGS IFOLLACK SHORES BA afar er WS 4 u SITE PLAN SP -01 ....Attachment- - 11 H-1 -1 . H1�ii1�111�11�iif�9��I11�i�011411111115 1 li : - Prepared by and return to., Antixony A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agmta, PA 111 N. Orange Avenue, Suite 2000 Orlando, Florida. 32802 MRVAW-MoRkE CLERK OF CIRCUIT COURT SEMINOLE COUNTY -- iK 07486 Pqs 0145 0 154; t9pgs3 CLERK" 6 0 2010136465 RECORDED IIA Wi10 OS:0S: RECORDING FEES 7&00 RECORDED BY T Smith FUTITRE DEVELOPMENT COMMr1WNT AGREEMENT THIS AGREEMENT (the "Agreement ") is rnade and entered into effective this 4h day of November, 2010, by and between Winter Springs Holdings, Ne., a Delaware corporation, whose address is 900 Seventh Street NW, Ste. 1020, Washington, DC 20001, and its successors and assigns (the "Owner "), and the City of Winter Springs, Florida (the "City "), a Florida Municipal Corporation, whose address is 1126 E. State Road 434, Winter Springs, Fl, 32708. COMMON RECITALS: WHEREAS, the Owner is the owner in fee simple title to certain real property (the "Property') described in EXHIBIT "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Property was subject to that certain Implementation Agreement (the "Implementation Agreement "), recorded in the Public Records of Seminole County, Florida in Official Records Book 6599, Pages 1705 -1726; and WHEREAS, the Owner and the City entered into an Agreement, dated August 23,2010, to terminate the Implementation Agreement in accordance with the conditions set forth in Section 3 thereof, which shall be recorded in the Public Records of Seminole County, Florida prior to the recordation of this Agreement ( "Termination Agreement"); and WHEREAS, Section 3.6 of the Termination Agreement required that the City and the Owner enter into this Agreement to memorialize the fixture development obligations which are restated from the Termination Agreement as set forth herein. WTTNESSETH: NOW THEREFORE, in consideration of Ten Dollars ($10.00) and in consideration of the termination of the Implementation Agreement and in accordance with the Termination Agreement, the parties agree as fellows: Future Development Commitment Agreement City of Winter Springs/Winter Springs Holdings, Inc. Page I of 6 1. Recitals. The parties agree and acknowledge that the recitals above are true and correct and that it is the intent of the parties by entering into this Agreement to create a legally binding contract. 2, Future Obligations on the Propertv. In accordance with Section 3.6 of the Termination Agreement, Owner hereby restates the following existing commitments with respect to the Property: 2.1 Owner agrees to convey to the City two small neighborhood squares # 4 (minimum .42 acres) and #5 (minima .44 acres), such acreage to include all rights -of -way around the perimeter of each neighborhood square, at such time the City determines the squares are needed in conjunction with the future development of the Property. The location of the neighborhood squares are generally depicted on EYMIT "B," which is attached hereto and fully incorporated herein by this reference. However, the Owner and the City agree that the parties may mutually agree in writing to modify the location of the neighborhood squares in order to accommodate the future development plans on the Property. The conveyances shall be at no cost to the City by special warranty deed for fee simple title. 2.2 Owner shall be responsible for designing, permitting, and constructing a master stormwater plan for the Property, which is intended to include the handling of stormwater runofF from Spine Road (Michael Blake Boulevard) which is being simultaneously conveyed to the City with the execution and delivery of this Agreement. Owner shall construct the permanent master stormwater facilities at such time the Property is developed in accordance with all applicable St. Johns Water Management District (" SJRWMD") and any other applicable regulatory permitting requirements. The permanent stormwater facilities located outside of the Spine Road Property shall remain privately owned and maintained, with a drainage easement dedicated to the City over all stormwater facilities supporting Spine Road at such time the permanent facilities are constructed and approved by the City. In the event that the City chooses to construct Spine Road in advance of substantial development of the Property and before the permanent stormwater facilities are in place, Owner shall grant the City a right-of-entry to coustmet and maintain temporary stormwater facilities on the Property located outside of the Spine Road Property in accordance with a temporary drainage easement that is mutually acceptable to the Owner and the City. The area for the temporary stormwater facilities shall be generally located in the area depicted on EX1MIT "C;' which is attached hereto and deemed fully incorporated herein by this reference. The right-of entry and easement shall remain in place until the permanent stormwater facilities are constructed by the Owner. At the time the permanent drainage facilities are constructed and accepted by the City and the applicable regulatory agencies, Owner shall be responsible for the removal of all temporary drainage facilities. In addition to the right-of-entry and easement Owner shall grant the City authorization to utilize and/or modify any permits applicable to the construction of Spine Road Owner agrees to cooperate with the City regarding any permit utilization and/or modification and shall execute applicable permit documents authorizing the permit utilization or modification to the extent required by the SJRWMD. 3. Miscellaneous Provisions. 3.1 Applicable Law and Venue. This Agreement shall be governed by and Futam Development Commitment Agreement City of Winter Springs/Wmter Springs Moldings, Inc. Page 2 of 6 I construed. under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation and/or mediation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, either party may then file an action in the Circuit Court of Seminole County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Govemment Agreement Act. 3.2 Entire Agreement. This Agreement is the entire agreement between the parties related to the subject matter expressed herein, and supersedes all previous oral and written representations, agreements and understandings between the parties related thereto. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 3.3 Effective Date. The effective date of this Agreement (the "Effective Date ") shall be the date when the last one of the Parties has properly executed this Agreement as determined by the date set forth immediately below their respective signatures and shall be binding upon all successors in interest to the parties, 3.4 Notices. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. Until otherwise designated by amendment to this Agreement, the parties designate the following as the respective places for giving notice: For the Owner: Winter Springs Holdings, Inc. clo IBEW Pension Benefit Fund 900 Seventh Street NW, Suite 1020 Washington, DC 20001 Telephone: Fax: With a copy to: Potts - Dupre, Difede & Dawkins, chtd. Attention: Jim Difede, Esq. 900 Seventh Street, NW, Suite 1020 Washington, DC 20001 Telephone: (202) 223 -0888 Fax: (202) 223 -3868 With a copy to; CS Capital Management Attention: Brian hove Paul Saylor One Overton Park -- Suite 240 3625 Cumberland Boulevard Atlanta, GA 30339 Future Development Commitment Agreement City of Water Springs/Winter Springs Holdings, Inc. Page 3 of 6 r` Telephone: (770) 818 -4040 Fax: (770) 818 -4041 For the City: City of Winter Springs Attn: City Manager 1126 E. State Road 434 Winter Springs, FL 32708 Telephone: 407-327-5957 Fax: 407 - 327 -4753 35 Attorneys Fees. Each party shall bear their own attorneys fees regarding the grading and implementation of this Agreement. 3.6 Speck Performance. If Owner defaults on its. obligations set forth in Paragraph 2 of this Agreement, the City shall have the right to seek specific performance against the Owner in order to effectuate the required conveyances of the neighborhood squares and the City's use of the Property for Spine Road stormwater purposes. In such case, the City shall have the right to recover prevailing party attorneys fees and costs in the event the City must file an action to enforce the terms and conditions set forth in Paragraph 2. 3.8 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida, and shall run with the Property. (SIGNATURE PAGE FOLLOWS] Future Development Commitment Agreement City of Winter SpringdVmter Springs Holdings, Inc. Page 4 o €6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of November, 2010, by CHARLES LACER, Mayor of the City of Winter Springs, (check one) Miwho is personally known to me or ❑ who produced as identification. 14-olary Public Print Name: My Commission expires: oi�"Y n� #ary F UUZ, �'t� aly of Florida Uanieile darker MMY Cortrnisslon OD663371 �@',a Fx )ires 04/15/2011 Funme Development Commitment Agreement City of winter Springs/Winter Springs Holdings, Inc. Page 5 of 6 ? i IN WTrNESS WHEREOF, the parties hereto have caused this Agrnt ;to be executed by their appropriate officials, as of the date first above written. WITNESSES: CTT`Y QF WrN'I'ER SPRIlITG . a9afOa PC eOO 'J oj'� "` ' • By. . si ( gnature) ES CE � �r r'; � cit d 7 } '�: (print name) ATTEST: ® v/ n JJ o' -P. 9408 _. zq (signature) drea Lorenzo- Luaces, City Cl s a Date: (print name) ' STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of November, 2010, by CHARLES LACER, Mayor of the City of Winter Springs, (check one) Miwho is personally known to me or ❑ who produced as identification. 14-olary Public Print Name: My Commission expires: oi�"Y n� #ary F UUZ, �'t� aly of Florida Uanieile darker MMY Cortrnisslon OD663371 �@',a Fx )ires 04/15/2011 Funme Development Commitment Agreement City of winter Springs/Winter Springs Holdings, Inc. Page 5 of 6 (print name) I at e) (print name) S 0, FL O DA CO O SE LE WINTER SPRINGS HOLDINGS, INC., a Delaware corporation Lindell K. Lee, President Date: %.,.&,sI, ko'. Ito The foregoing instrument was acknowledged before me this ji`� day of November, 2010, by Lindell K. Lee, President of the Winter Springs Holdings, Inc., a Delaware corporation, (check one) who is personally known to me or o who produced as identification. Future Development Commitment Agreement City of Winter Springs/Winter Springs Holdings, Inc. Page 6 of 6 Notary Public Jo Ann Bowen Print Name: Notary Public, District of Columbia, 2015' My Commission expires: 30 A Future Development Commitment Agreement City of Winter Springs/Winter Springs Holdings, Inc. Page 6 of 6 ob TOGElto wffK- "W A PO[Matf OF I LEGAL DESCRIPTIOM A POnM OF LOT$ 7 AND 8. BLOCK "A". D.R. L#TCHELL's SURYtY aF THE MY Gg" ON LAKE J%Ssw. SPAD LAWS LYM IN SECWN 31tTOWNSHP 20 SOUTK RANOt 3t VGT DOCK M TOWNSHIP 21 SOM RhNGE 31 EASr AWaRDING 70 E FLAT TM9W AS REOMMED IN PLAT DOCK 1 010 THe FURE Pj=DS W WOM CWft. FLORIDA; MNG U0ft PAIRMLAMY CESCRIS90 PE 01446s., mLwmt-r Am inm imm*qOMM rur qTALTv Rftn AU Am In tcwaw r A onAn tm*P 0 nom h"xwwvmT CONTMiS 46413 ACRES (2.027,645-60 ft Fr.), MORE OR am HE FOR SCANNING l R + L i «.. .�.. .. .`rs+ir+�.SFn � F'�+hYf. .y.,3,F� �$.N�.�{�"iei'sri'yi>�,4'.• •''�r""""-++ _ ._. .' ., • ', Wlyac�'e._tiwwsax+i?4s'rs •� i= .y , w ... � .. . ,.. �� � it , n3'r""i.'cZ":..iL,r r.; Sa'.- ytS+;CC_',, +,41I'��•� ? r ;! s r i -•:4r •s- e.tz�.^"': ix• � -.r;.. .r•.•mra...'sa�:••; I3 t f3IS � -•.r ..- � c •..: ;. •es =.s:'',+"'1.F'sR .�a w�` t d•r � `� .: +. E �� +'� ' a�`9 •'r ... .� .•' fry � t.+�.�- .^+7t.Y "' y ' � . .e •� fA r ' ., ' ++ � .�.wrr.r „ •• ` •`S �L :� s•r• i •4 , r r `.4. • . .f.• Y . r � }i: ��L'.et»• =s! iY•nrriRi'�.F 'S - � r �• ' � �� ..� • � 4', • E � F 7C8! SMdCL �� r �I � • � %4L svaro mmamrt� � •21 All IL n B •YYYY'fACl6 , Y , '. ''�'�ow ' >:'I�lYZ381Md Yt FOR SCANNING