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HomeMy WebLinkAbout2016 01 25 Public Hearing 402 Ordinance 2015-08, Second Reading, ICI PUD Rezoning, Development Agreement, Master Plan COMMISSION AGENDA Informational Consent ITEM 402 Public Hearin s X g Regular January 25, 2016 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests City Commission consider second reading and adoption of: 1) Ordinance 2015-08, which proposes the rezoning of a 39.81 acre property from GID (Greeneway Interchange District) to PUD (Planned Unit Development), 2) Development Agreement, and 3) Master Plan for the 39.81 acre property located on the north side of SR 434, across from the Creeks Run subdivision. SYNOPSIS: The applicant is requesting to rezone the property from GID to PUD to permit a Mixed Use development consisting of ten (10) acres of commercial/office uses containing a minimum of 100,000 square feet of commercial/office space at final build out, and approximately 29.81 acres containing approximately 5.12 acres of wetlands and conservation area and multi-family residential development consisting of a maximum of 340 apartment units and 20, two (2) story carriage units. Pursuant to Section 20-352 of the Code of Ordinances, the request to rezone the property to PUD requires the zoning district requires the concurrent approval of a Development Agreement between the applicant and the City Commission and a Master Plan. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Applicant name and address and authorized representative: George Kramer, applicant. 1615 Edgewater Drive, Suite 180, Orlando, FL 32804. George Kramer, authorized representative. Public Hearings 402 PAGE 1 OF 10-January 25,2016 . Propertv owner's name(s): WS Property Holdings, LLC. . Property addresses: No address issued . Property Parcel ID number: 31-20-31-SBB-0000-0190 . Current FLUM Desi�nations: Mixed Use and Conservation Overlay . Current Zonin�Desi�nations: GID (Greeneway Interchange District) . Previousl��proved Development permits such as conditional use, waiver, or variance if anx): None . Development A�reements (if any�: No known Development Agreements . Pendin� Code Enforcement Actions (if any): No known pending Code Enforcement actions . Citv 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 Policy 1.6.1: Cross Access Easements. Require shared driveways and cross access easements between adjacent properties where feasible to support efficiency in travel and to reduce demand on arterial and collector streets. Development projects over ten (10) acres shall have more than one point of access unless determined infeasible. (Cross Reference: See Multimodal Transportation Element, Policy 1.2.2) (Ord. 2010-18; 10-25-10) Policy 1.6.4: High Traffic Count Uses. Encourage land uses that generate high traffic counts to locate adjacent to arterial roads and mass transit systems. Policy 1.6.5: On Site Traffic Flow. Require development to provide safe and convenient on site motorized and nonmotorized traffic flow, adequate pedestrian facilities and connections, and sufficient parking for both motorized and nonmotorized vehicles. Policy 1.6.6: Connectivity. Encourage travel between uses and access to transit without requiring the use of arterial roads by ensuring that existing, new, and future development is connected by roadways, bikeways, and sidewalks, (Cross Reference: See Multimodal Transportation Element, Policy 1.3.3 and Recreation and Open Space Element, Policy 1.6.4) (Ord. 2010-18; 10-25-10) GOAL 4: Mixed tlse. The City seeks to promote a Mixed Use category, which provides for a variety of land uses and intensities within a development site to preserve conservation areas, reduce public investment in service provision, encourage flexible and creative site design, and provide public amenities with area-wide benefits. Objective 4.1: Location. The Mixed Use category shall be located proximate to major transportation corridors as depicted on the City's Future Land Use Map -2030. Public Hearings 402 PAGE 2 OF 10-January 25,2016 Objective 4.2: General tlses and Intensities. Through the enactment of creative and flexible land development regulations and master planning design standards, permit a variety of mixed uses consistent, compatible and in harmony with the Mixed Use Goal, including low, medium and high density residential; commercial (retail and office); light industrial; educational facilities; recreational facilities; and compatible public facilities. Policy 4.2.1: Percentage of T�arious Uses. Require as part of the master planning process, an appropriate set of uses and distribution of uses to be established unique to each development that will allow no more than seventy-five percent (75%) of any one type of land use to dominate the Mixed Use category. Policy 4.2.2: Minimum Acreage. Require a minimum of ten (10) acres for development in the Mixed Use category. Policy 4.2.4: Master Plan and Development Agr�eement. Require a Master Plan, Development Agreement, and Planned Unit Development Zoning unique to each development, to ensure that tracts of land are developed as a whole throughout the Mixed Use category, to provide continuity among the various land uses, and to create a compact and walkable environment. Policy 4.2.5: Transition to Adjacent Uses. Require transitional uses and stepped down building heights to protect adjacent lower intensity and density uses. Policy 4.2.6: Connectivity. Ensure that existing, new, and future development is connected by roadways, bikeways, and/or pedestrian ways that encourage travel between uses and access to transit without requiring the use of the arterial road. City of Winter Springs Comprehensive Plan -Housing Element GOAL 1: PROVISION OF HOUSING. To ensure an adequate supply of a wide range of housing types, at various levels of affordability, to accommodate the needs of the residents of Winter Springs. Winter Springs City Code of Ordinances - Chapter 20, Article IV - Planned Unit Developments Winter Springs City Code of Ordinances - Chapter 20, Article IV- Planned Unit Developments, Section 20-354. - Procedures for approval of planned unit development zoning classification. (a) General procedures for PUD approval. The procedure for obtaining approval of a planned unit development zoning classification shall be as follows: (1) Pre-application conference. Prior to submitting a formal application package for a PUD, all applicants shall submit a tentative master plan and shall schedule a pre- application conference with staff. The applicant shall address the factors set forth in subsection (5) of this subsection and staff may provide non-binding comments and recommendations to the applicant. (2) Formal submittal. After the pre-application conference, the applicant shall submit a change of zoning request, the proper application fee, the master plan, and a draft development agreement and the following: Public Hearings 402 PAGE 3 OF 10-January 25,2016 a. Notarized documentation of ownership or owner authorization; b. Documentation of unified control; c. Up-to-date boundary survey and topographical information sufficient to identify drainage patterns and floodplain and legal description of the subject property (specify whether elevations are NGVD or NAVD); d. A vicinity map with the north arrow, scale, and date, indicating the transportation network, zoning classifications, and present uses of the properties within 500 feet(exclusive of roadways) of the subj ect property; e. The Future Land Use designation, zoning classification, zoning district boundaries, and present use of the subject property; £ A description of any known hazardous materials or environmental contamination; g. The proposed PUD master plan (one (1) electronic copy and the applicable number of paper copies); h. Wetland and floodplain maps and supporting information; i. Listed (flora and fauna) species survey; j. Conservation acreage and locations; k Preliminary transportation analysis (methodology, scope, format, and other issues to be determined prior by City Engineer); 1. Gross residential density, non-residential floor area ratio (FAR), and recreation acreage; m. Total number of dwelling units, by type, and non-residential building area, by type; n. Preliminary phasing plan; o. Adequately demonstrate that the proposal is and can be reasonably anticipated to be constructed consistent with the requirements and provisions of the comprehensive plan; and p. Preliminary economic analysis. (3) Staff review. The master plan and draft development agreement shall be reviewed formally by the community development department and a representative from the county fire department as necessary to determine the feasibility and suitability of proposal prior to the submission of the master plan and development agreement to the planning and zoning board. Staff shall provide comments and recommendations on the proposed master plan and development agreement in accordance with the factors set forth in subsection (5) of this section. (4) Community meeting. The applicant shall provide a public meeting with notice to neighboring property owners within one-hundred and fifty (150) feet of the proposed development and ownership associations within five-hundred (500) feet of the proposed development to review the proposed development as set forth in the master plan and development agreement. (5) Planning and zoning board public hearing. The planning and zoning board shall hold a public hearing to consider the change of zoning request, including the master plan, proposed development agreement, and staff recommendations. The Public Hearings 402 PAGE 4 OF 10-January 25,2016 board shall either recommend approval, approval with modifications, or denial of the request to the city commission, stating their reasons for such action. In making its recommendation, the planning and zoning board shall make findings of fact upon the following: (i) Consistency between the proposal and the City Comprehensive Plan and City Code; (ii) Compatibility with/transition to surrounding land uses (both existing, approved entitlements, and those currently/actively proposed for development); (iii) Adequacy of existing infrastructure to accommodate the development and existing entitlements; (iv) Significant ecological geological, or aesthetic features which may be incorporated into the plan (to include, but not be limited to, approximate wetland boundaries, listed species survey, and general assessment by both an ecologist and landscape architect); and (v) The nature, design, and appropriateness of the proposed development arrangement to the property involved. (6) City commission public hearing. The city commission shall review the master plan, proposed development agreement, the staff recommendations, the planning and zoning board recommendations, and hold a public hearing to consider the request. The commission shall either approve, approve with modifications, or deny the request, stating their reasons for such action. If the request is approved, the property shall be zoned PUD and shall be so designated on the official zoning map. The decision of the city commission shall be based on consideration of the facts specified as review criteria for the planning and zoning board as set forth in subsection (5) of this section. (7) In approving a PUD, the city commission may establish any reasonable conditions or requirements in addition to those provided in this Code. Such additional conditions or requirements shall be entered into the development agreement and/or depicted on the master plan prior to execution of the development agreement by the City and are enforceable in the same manner and to the same extent as the other requirements of the development agreement and/or master plan. (8) The applicant shall pay all costs to record the development agreement. DISCUS SION: The Greeneway Interchange Future Land Use designation was adopted by the City Commission on August 16, 1999. In September 2004, ICI Homes initiated a Large Scale Future Land Use Map Amendment on the subject property to change the future land use designation from "Greeneway Interchange District" to "Mixed Use." The Future Land Use Amendment was approved by the City Commission on January 24, 2005 via Ordinance 2004-38. ICI Homes requested and was ultimately granted the change in future land use designations as they proposed the development of a gated 480 unit residential condominium and 80,000 square feet of Class A office use on the property. The staff report that was presented with the second reading of Ordinance 2004-38 noted the following: "City will require a Master Plan Development Agr�eement and PUD zoning to ensure that tracts of land are developed as a whole throughout the Mixed Use' category in accordance with Public Hearings 402 PAGE 5 OF 10-January 25,2016 Future Land Use Element, Policy 4.2.4." The staff report also referenced the request for 480 proposed residential condominiums and 80,000 square feet of office. The City Commission approved Ordinance 2004-38, which changed the Future Land Use designation for the subject property from "Greeneway Interchange District" to "Mixed Use and "Conservation" based on a proposed development program. As a result of the economic downturn of the mid 2000's, the rezoning to PUD has been delayed since 2005. Due to this delay, the requisite development permit approvals were never obtained for the property. Because the property was never rezoned to PUD (Planned Unit Development) it has retained a GID (Greeneway Interchange District) zoning designation, which is inconsistent with the adopted future land use designation. In an effort to correct this inconsistency, the City initiated a Future Land Map Amendment to change the future land use designation of the subject property from "Mixed Use" back to "Greeneway Interchange District." This request was approved by the Planning & Zoning Board/Local Planning Agency on November 7, 2012, but was not presented to the City Commission for final approval pending on-going negotiations with the property owner. In 2015, the property owner submitted an application which petitions the City to rezone the subject property from GID (Greeneway Interchange District) to PUD (Planned Unit Development), and to retain the "Mixed Use" future land use designation. The request to rezone the property to PUD is to permit approval of a Master Plan and Development Agreement which details the future development of a ten (10) acre commercial/office tract with a minimum of 100,000 square feet of commercial/office uses, and a 29.81 acre tract containing approximately 5.12 acres of wetlands and conservation area and multi-family residential development consisting of a maximum of 340 apartment units and 20, two (2) story carriage home units. Pursuant to Section 20-352 of the Code of Ordinances, the PUD zoning district requires the approval of a Development Agreement and Master Plan between the applicant and the City Commission. The Master Plan proposes a mix of four (4) story apartment buildings and two (2) story attached carriage home units that will be located on the northern portion of the property that is noted as "Parcel A" on the Master Plan. A 5.12 acre conservation/wetland area exists in the northwest corner of the multi- family portion of the site. The apartment units and carriage home units will be constructed in the upland portion of the property, and no development will occur in the wetland area in accordance with the requirements of the Comprehensive Plan. The southern portion of the property is noted on the Master Plan as "Parcel B" is 10 acres in area and is reserved for a minimum of 100,000 square feet of commercial/office uses. The main point of vehicular access to the site and project entrance will be via State Road 434 from a full access point which will be signalized when warranted. An entry road will lead into the commercial/office portion of the site which will transition into a roundabout that will be constructed to allow safe traffic flow leading into the multi-family portion of the site. The entry road will terminate at the parking area for the clubhouse. Four carriage home unit buildings will line the portion of the entry road leading into the multi-family portion of the development. Access to the remainder of the carriage home units and the apartment units will be via the project entrance. Cross access will be provided from the site into the properties to the east that are currently zoned GID, thus limiting the amount of traffic utilizing SR 434 at such time the properties to the east develop. A secondary point of access will be provided from SR 434, along the eastern boundary of the subject property, which will be a right-in/right-out access point. Surface parking will be provided on site for both the commercial tract and the multi-family tract. Public Hearings 402 PAGE 6 OF 10-January 25,2016 Pursuant to the terms of the Development Agreement, the main vehicular point of access leading into the site from SR 434 and project entrance will be designed, permitted, and constructed as a future traffic controlled signalized intersection subject Florida Department of Transportation (FDOT) permitting requirements. At such time transportation impact fees are required to be paid to the City by the owner for the initial phase of the proj ect, the owner shall pay the City a supplemental traffic impact fee payment in the amount of $350,000.00 to cover the projected future cost of the signalization project. The City will commit to design, permit and construct the signalization project at such time the City and FDOT determine the signalization project is warranted. If it is determined, one year subsequent to build out of Parcel "A" and Parcel "B" by FDOT, that a traffic signal is not warranted, the City shall refund the supplemental transportation impact fee to the owner. A wet detention pond is proposed in the middle portion of the multi-family tract that will serve the entire development. This pond will be utilized as an amenity, with two fountains shown on the Master Plan. Additionally, a walking/jogging trail is proposed for constructed around the perimeter of the pond. Benches will be provided in areas around the retention pond. According to the Master Plan, the trail will be connected into the commercial/office portion of the site. In accordance with the Mixed Use provisions of the Comprehensive Plan, the site will be fully integrated with interconnectivity being provided between the commercial/office and multi-family residential areas of the site. Pursuant to the Comprehensive Plan and the PUD code requirements, the multi-family portion of the site will not be gated. The applicant is proposing exterior amenities such as a swimming pool, and a clubhouse building that is located at the northern terminus of the entry road leading into the development. The clubhouse will overlook the proposed wet detention area. Additional amenities will be provided within the clubhouse. Preliminary architectural elevations have been submitted that propose a muted, but varied color scheme. The elevations for the multi-family portion of the site propose two story carriage home units and four story apartment buildings that are reflective of the architectural styles characteristic to Winter Springs. The applicant will be required to obtain final approval of the architectural elevations from the City Commission through the Aesthetic Review process. The proposed Development Agreement permits the following uses on Parcel "A": 1) Four story apartment buildings with garages, 2) Two story attached carriage home units with tuck under garages, 3) Garage accessory structures, 4) Private open space and recreation facilities that serve the on-site development, 5) Stormwater ponds that serve the entire development, 6) 5.12 acre conservation area, and, 7) Home occupations authorized by City Code. Pursuant to the terms of the Development Agreement, a maximum of 340 apartment units are permitted to be constructed on Parcel "A". Of the 340 units, a maximum of 125 may be one bedroom, one bathroom or studio units, and a minimum of 215 units may be two or three bedroom, two bathrooms. The minimum size apartment shall be no less than 629 square feet of living space under air and the maximum size apartment shall be no greater than 1,310 square feet under air. The average size of all apartment units shall be no less than 1,028 square feet of living space under air. Additionally, a total of ten, two story carriage unit buildings with a total of 20 separate and independent carriage unit, with each carriage unit constituting of one apartment unit will be permitted to be constructed. The minimum Public Hearings 402 PAGE 7 OF 10-January 25,2016 size carriage unit shall be no less than 720 square feet of living space under air, not including the garage. The Development Agreement allows all permitted uses in the GreeneWay Interchange District on Parcel "B", which includes but is not limited to the following: 1) Commercial including hotel and convention center, 2) A maximum of one restaurant with table side food and beverage service and no drive-through, with or without on-site alcoholic beverage consumption, and 3) General office development (from single tenant to corporate office park, including medical and dental clinics and laboratories, banks/financial institutions, and similar uses). Additionally, the proposed Development Agreement requires the development of Parcel "B" to adhere to the standards noted in the State Road 434 Corridor Vision Plan. The proposed Development Agreement requires the existing billboard located adjacent to SR 434 to be removed at such time development on Parcel "A" or Parcel "B" commences. Pursuant to the Comprehensive Plan, properties with a Mixed Use future land use designation are required to have a PUD zoning designation. Furthermore, Policy 4.2.4 of the Future Land Use Element of the Comprehensive Plan requires a Master Plan, Development Agreement, and Planned Unit Development zoning for properties throughout the Mixed Use future land use category to provide continuity among the land uses, and to create a compact and walkable environment. The details of implementing this Comprehensive Plan Policy are enumerated in Chapter 20, Article IV of the City Code of Ordinances. The purpose of the PUD zoning district is to accomplish, through a Master Plan, an appropriate mix of uses which cannot be accommodated through a strict application of Euclidian zoning, while adhering to the requirements of the Comprehensive Plan. Permissible uses within this proposed PUD are established within the proposed Development Agreement, which is consistent with the underlying Mixed Use future land use designation. Section 20-353 (c) requires there to be at least two (2) different uses within a new PUD, and at least one (1) of the uses shall be a non-residential use. The proposed PUD Master Plan and Development Agreement contains two different uses and allows multi-family residential uses and commercial uses which are limited to the permitted uses in the Greeneway Interchange District (GID). Staff considers the commercial portion of the Master Plan to be an extension of the GID because of the limitation of uses to those allowed in the GID (with a provision for restaurants) and because of the interconnected roadway system between the properties as well as the development standards to which the commercial parcel will be held. Pursuant to Section 20-354 (6) of the City Code, the City Commission shall hold a public hearing to consider the Master Plan, proposed Development Agreement, staff recommendation, and the Planning and Zoning Board recommendation. The City Commission shall either approve, approve with modifications, or deny the request, stating their reasons for such action. If the request is approved, the property is rezoned to PUD, and shall be designated as such on the official zoning map. The decision of the City Commission shall be based on consideration of the facts specified as review criteria for the Planning and Zoning Board as set forth in subsection (5) of this section, which include the following: . (i) Consistency between the proposal and the City Comprehensive Plan and City Public Hearings 402 PAGE 8 OF 10-January 25,2016 Code; . (ii) Compatibility with/transition to surrounding land uses (both existing, approved entitlements, and those currently/actively proposed for development); . (iii)Adequacy of existing infrastructure to accommodate the development and existing entitlements; . (iv) Significant ecological geological, or aesthetic features which may be incorporated into the plan (to include, but not be limited to, approximate wetland boundaries, listed species survey, and general assessment by both an ecologist and landscape architect); and . (v) The nature, design, and appropriateness of the proposed development arrangement to the property involved. On May 19, 2015, and November 17, 2015, community meetings were held at City Hall 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. The applicant will be required to obtain City Commission approval of Final Engineering Plans and an Aesthetic Review prior to the initiation of construction on the project. FISCAL IMPACT: Development of the property will provide an increase in taxable value to the City. A fiscal analysis report 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 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. The applicant held public information meetings on May 19, 2015 and November 17, 2015 with members of the public. This item was advertised in the Orlando Sentinel on November 22, 2015, December 31, 2015, and January 14, 2016. Additionally, a large yellow sign was posted on the property noting the date and time of the meeting. RECOMMENDATION: At the December 2, 2015 Planning & Zoning Board meeting, the Planning & Zoning Board Public Hearings 402 PAGE 9 OF 10-January 25,2016 unanimously recommended denial of Ordinance 2015-08, the Development Agreement, and Master Plan for the subj ect property. Please see attached minutes from the Planning & Zoning Board meeting for details regarding this vote. Staff recommends approval of second reading and adoption of: 1) Ordinance 2015-08, which proposes the rezoning of a 39.81 acre property from GID (Greeneway Interchange District) to PUD (Planned Unit Development), 2) Development Agreement, and 3) Master Plan for the 39.81 acre property located on the north side of SR 434, north of the Creeks Run subdivision as the request is in compliance with all applicable policies of the Comprehensive Plan, and Chapter 20, Article IV - Planned Unit Development chapter of the City Code of Ordinances. ATTACHMENTS: A. Ordinance 2015-08 B. Development Agreement C. PUD Master Plan D. Fiscal Impact Analysis model E. Community meeting sign-in sheets -May 19, 2015, November 17, 2015 F. Advertisement, Orlando Sentinel - November 22, 2015, December 31, 2015, January 14, 2016 G. Minutes -Planning & Zoning Board, December 2, 2015 H. Seminole County Public Schools School Impact Analysis School Capacity Determination letter I. Powerpoint presentation provided by applicant J. Roadway construction schedule map Public Hearings 402 PAGE 10 OF 10-January 25,2016 Attachment " A " ORDINANCE NO. 2015-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 39.810 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434 AND EAST OF MICHAEL BLAKE BOULEVARD AND WEST OF SPRING AVENUE, WINTER SPRINGS, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN; CHANGING THE ZONING DESIGNATION OF THE PARCEL FROM CITY OF WINTER SPRINGS "GREENEWAY INTERCHANGE DISTRICT" TO WINTER SPRINGS "PLANNED UNIT DEVELOPMENT (PUD)"; PROVIDING FOR THE ADOPTION OF A CORRESPONDING AND REQUIRED DEVELOPMENT AGREEMENT ESTABLISHING THE DEVELOPMENT AND ZONING REQUIREMENTS FOR THE SUBJECT PROPERTY; PROVIDING FOR THE ADOPTION OF A CORRESPONDING AND REQUIRED MASTER PLAN ESTABLISHING THE GENERAL SITE LAYOUT FOR THE FUTURE DEVELOPMENT OF THE SUBJECT PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission 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, this Ordinance is adopted in accordance with the Planned Unit Development procedures and requirements set forth in Section 20-351 et. seq. of the Winter Springs City Code; and City of Winter Springs Ordinance No. 2015-08 1 WHEREAS, pursuant to Section 20-356 of the Winter Springs City Code, upon adoption of this Ordinance and the Ordinance becoming effective, the PUD zoning authorized by this Ordinance for the subject property shall be considered a separate zoning district in which the attached development agreement and master plan shall be deemed to have established the restrictions, regulations, general site layout and district description according to which the subject property shall be developed; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs has recommended approval of this Ordinance at their December , 2015 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan, particularly the Mixed Use Future Land Use Map designation, and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs, as described in City of Winter Springs Code Section 20-31, is hereby amended to classify the property legally described as: THE WEST 1080 FEET OF LOT 14 AND THE WEST 1080 FEET OF THAT PART OF LOT 21 LY1NG NORTH OF THE SANFORD-OVIEDO ROAD (NOW DESIGNATED AS S.R. 434, FORMERLY S.R. 419), ALL A PART OF PHILLIP R. YOUNG GRANT ON LAKE 7ESSUP 1N SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST ACCORDING TO PLAT BOOK 1, PAGE 35, 36 AND 37, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. CONTAINING 1,734,132 SQUARE FEET OR 39.810 ACRES MORE OR LESS. City of Winter Springs Ordinance No. 2015-08 2 from City of Winter Springs "Greeneway Interchange Zoning District" to Winter Springs "Planned Development Zoning District(PUD)." Section 3. Development Agreement and Master Plan. Pursuant to Section 20-351 et. seq. of the Winter Springs City Code, the Development Agreement, Master Plan and related other exhibits attached to this Ordinance as composite Exhibit "1" are hereby fully incorporated herein by this reference and shall hereby constitute the zoning and development restrictions, regulations, general site layout and district description according to which the subject property shall be developed. Section 4. Recordation. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance to reflect that the subject property is zoned Planned Development District (PUD). Said Map shall also specifically reference this Ordinance number. In addition, upon adoption and full execution of this Ordinance by the City Commission, the City Attorney is hereby directed to record this executed Ordinance and Development Agreement in the Official Records of Seminole County, Florida. This Ordinance shall run with the land, but shall be subject to amendment and/or repeal by the City Commission in accordance with the police and zoning powers vested in the City Commission in accordance with law. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance 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 Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon being adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter, provided the owner of the subject property has consented to the terms and conditions of the Development Agreement attached to this Ordinance by fully executing said agreement. If said agreement is not executed within thirty (30) days of the City Commission's adoption of this Ordinance, the Ordinance shall be deemed null and void. [Adoption Page Follows] City of Winter Springs Ordinance No. 2015-08 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2016. 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 Ordinance No. 2015-08 4 EXHIBIT "1" City of Winter Springs PUD Rezoning Ordinance No. 2015-08 DEVELOPMENT AGREEMENT AND MASTER PLAN City of Winter Springs Ordinance No. 2015-08 5 Attachment " B " CITY OF WINTER SPRINGS PUD DEVELOPER'S AGREEMENT (PUD ZONING ORDINANCE NO. 2015-08) THIS PUD DEVELOPER'S AGREEMENT (this "Agreement) is made and entered into this day of January, 2016, by and between WS Property Holdings, LLC, a Florida limited company ("OWNER"), and the City of Winter Springs, a municipal corporation existing under the laws of the State of Florida(the"CTTY"). RECITALS: A. OWNER is the owner of certain real property located within the City of Winter Springs, and on such property it intends to develop a mixed-use development project and related amenities, which real property is more particularly and legally described on EXHIBIT "A" attached hereto and by this reference incorporated herein (the"Property). B. The Property has a future land use designation of"Mixed Use" under the City's Comprehensive Plan ("Comprehensive Plan") and is subject to the requirements of Future Land Use Element, Goal 4 (and related Obj ectives and Policies) of the Comprehensive Plan. C. Future Land Use Element, Policy 4.2.4, more specifically provides that a mixed use designated property within the City is required to have a master plan, development agreement, and Planned Unit Development (PUD) zoning classification unique to each development, to ensure that tracts of land are developed as a whole throughout the mixed use category, to provide continuity among the various land uses, and to create a compact and walkable environment. D. The City's PUD zoning requirements are governed by Section 20-351, et. seq. of the City Code, and in accordance with these code provisions, OWNER is required to negotiate and seek approval from the City of a development agreement and a master plan as a condition of the PUD zoning classification. E. This Agreement and the attached master plan and other attachments hereto have been negotiated and agreed to, in accordance with the requirements of Goal 4 (and related Objectives and Policies)under the Comprehensive Plan, as well as Section 20-351 et. seq., for purposes of implementing the mixed use future land use designation and permitting and constructing the development proj ect on the Property, which is more fully described in this Agreement. F. Upon approval of the PUD zoning ordinance and the required development agreement and master plan, it is the intent that the PUD zoning designation, development agreement, and master plan will govern the future development of the Property, along with other generally applicable provisions of the City's Comprehensive Plan and City Code. 1 G. In accordance with Section 20-354(4) of the City Code, the City conducted a publicly noticed community meeting on May 19, 2015 and again on November 17, 2015, at which the public was afforded an opportunity to review the proposed development proj ect as set forth in the master plan and this Agreement. H. In accordance with Section 20-354(5) of the City Code, the City's Planning & Zoning Board held an advertised public meeting on December 2, 2015 to consider the change of zoning on the Property to PUD, the attached master plan, and this Agreement and recommended approval of the same to the City Commission. I. As required by Section 20-354(6) of the City Code, the City Commission held two advertised public hearings, on January 11, 2016 and January 25, 2016, to consider the recommendations of the Planning & Zoning Board and City staff, and after hearing and considering testimony and factual information submitted by the OWNER and members of the public, approved the PUD zoning Ordinance No. 2015-08, the master plan described in Section 2(b)below, and this Agreement J. The City Commission hereby finds that this Agreement is consistent with the CITY'S Comprehensive Plan and City Code, and that the terms, conditions, restrictions, and requirements set forth herein have been adopted as a condition of the corresponding PUD zoning Ordinance No. 2015-08 adopted by the City Commission on January 25, 2016, and therefore, such terms, conditions, restrictions, and requirements shall constitute a development order having the same force and effect of a duly adopted zoning regulation. K. The OWNER hereby consents to, and agrees the Property shall be bound by, the terms, conditions, restrictions, and requirements of Ordinance No. 2015-08 and this Agreement. NOW THEREFORE, in consideration of the terms and conditions set forth in this agreement, and as required by the City's Comprehensive Plan and Ordinances for a Mixed Use/PUD development proj ect, the CITY and OWNER agree as follows: 1. INCORPORATION OF RECTTALS. The foregoing recitals are true and correct and are fully incorporated herein by reference as a material part of this Agreement. 2. DEVELOPMENT STANDARDS. The following development standards shall apply to the Property and shall be deemed incorporated into the PUD zoning designation approved for the Property for purposes of controlling the future development of the Property: (a) Intent and Purpose: The intent and purpose of this Agreement is to require the Property to be developed in accordance with development standards which are unique to the Property, as specifically set forth herein and the Master Plan. The Property shall be developed with a mix of commercial, multi-family residential, and conservation land uses which are specifically listed in the base development program. In addition, the land uses allowed on the Property shall be integrated and developed as a whole to provide 2 continuity, to create a compact and walkable environment, and to preserve conservation areas. Further, the Property shall be developed to provide a compatible transition to and connectivity with adjacent existing and future land uses, particularly the future Greeneway Interchange District located along the eastern boundary of the Property. (b) Master Plan: The Property shall be developed as a mixed use project in furtherance of this Agreement and the Master Plan depicted on EXHIBIT "B" attached hereto and incorporated herein by this reference ("Project"). The Master Plan is intended to be the general blueprint which details key aspects of the future physical development of the Property. The Master Plan shall also serve as a necessary guide for future permit applications and permitting. OWNER shall have the obligation to further submit and obtain the CITY's approval of a final site plan and final engineering plans ("Final Engineering Plans") consistent with the Master Plan in all material respects and in compliance with the City Code, with the single exception of the location and footprint of the depicted commercial buildings. The commercial buildings are intended to be for illustrative purposes only and may be modified during the final engineering process so long as the buildings comply with the development standards set forth in this Agreement including, but not limited to, the minimum and maximum intensity requirements set forth in subparagraph (c)(ii). OWNER acknowledges and agrees that the Master Plan was not created with specific surveyed dimensions and that during the Final Engineering Plan process such dimensions shall be surveyed, duly engineered, and provided to the CTTY for consideration under applicable City Codes. The Master Plan shall be subject to reasonable adjustments at the Final Engineering Plan phase in order to bring the Project into full compliance with the City Code, and as a result, the exact location, layout and dimensions of the Parcels, buildings, landscaping, rights-of-way and trails, the traffic control signal and mast arm, recreational amenities, and stormwater areas may vary slightly between Master Plan approval and approval of the Final Engineering Plans. These changes shall be allowed as long as the changes are consistent with the development standards noted in this Agreement and preserve the general character of the development shown on the Master Plan. (c) Base Development Pro�ram: The Property shall be developed as Parcel A (Multi-Family Residential, Conservation) and Parcel B (Commercial/Office) upon the CTTY's approval of the final plat required by Section 3 of this Agreement. The following development standards shall govern the Property: (i) Parcel A. The size of Parcel A shall be configured and legally described to be +/- 29.81 acres, and shall constitute +/- 75% of the development of the Property. The permissible land uses and maximum density and intensity allowed on Parcel A are as follows: Luxur;v Apartment Units. Parcel A shall consist of a maximum of 340 residential multi-family dwelling units consisting of a mix of studio, one, two, and three bedroom luxury apartments. The minimum size apartment unit shall be no less than 629 square feet of living space under air and the maximum size apartment shall be no greater than 1,310 square feet under air. The average square footage of all of the units shall be no less than 1,028 square feet of living space under air. Garage and common area space shall not be included in the calculation of unit square footage required by this 3 Agreement. The mix of luxury apartment unit types and their corresponding unit size range shall be as follows: Number of Apartment Units Tvpe of Unit Area of Unit(SF� 125 (maximum) lbd lba or studio 629 —900 (range) 215 (minimum) 2/3bd 2ba 1080 — 1310 (range) 340 maximum total units In the event that OWNER constructs less than 340 units, no more than thirty-five percent (35%) of the total number of units shall be one bedroom or studio apartments and the remaining units will consist of two and three bedroom apartments. The luxury apartment units shall be constructed within three different building types as generally depicted on the building elevations plan set forth on EXHIBIT "C" which is attached hereto and incorporated herein by this reference. Several of the four story apartment buildings shall also include "tuck under garage units" on the ground floor. The building types shall be located as generally depicted on the Master Plan in order to provide a sense of aesthetic variation. However, the elevations, roof lines, and architectural features depicted on EXHIBIT "C" for the apartment buildings may have to be adjusted during the CTTY'S final review and approval procedures to satisfy the requirements of the City Code. Carria�e Units. Parcel A shall also consist of 10, two story carriage unit buildings with a total of 20 separate and independent carriage units, with each carriage unit constituting one (1) luxury apartment unit. Each carriage unit building shall consist of two independent luxury one bedroom, one bath apartment units with four attached garages. The minimum size carriage unit shall be no less than 720 square feet of living space under air, not including the garage or common area space. One (1) garage shall be leased with each independent carriage unit, and remaining garages shall be required to be leased or assigned to tenants residing in one of the 340 luxury apartment units. The carriage units shall be constructed within a carriage unit building generally depicted on the building elevation plan set forth on EXHIBIT "D" which is attached hereto and incorporated herein by this reference. However, the elevations, roof lines, and architectural features depicted on EXHIBIT "D" for the carriage unit buildings may have to be adjusted during the CITY'S final review and approval procedures to satisfy the requirements of the City Code. Accessorv Gara�e Structures. Parcel A shall further consist of 15 one story, garage accessory structures. Each garage structure shall be fully enclosed and include between 4 to 6 independent vehicle parking bays which shall be required to be leased or assigned to tenants residing in one of the 3401uxury apartment units. Any other use of the garage accessory structures shall be prohibited. The accessory garage structures shall be constructed as generally depicted on the building elevation plan set 4 forth on EXHIBIT "E" which is attached hereto and incorporated herein by this reference. However, the elevations, roof lines, and architectural features depicted on EXHIBIT "E" for the accessory garage structures may have to be adjusted during the CITY'S final review and approval procedures to satisfy the requirements of the City Code. Other Permitted Uses. The following land uses shall also be allowed on Parcel A: private open space and recreation facilities and public utilities that serve the on-site development, including but not necessarily limited to a clubhouse, leasing center, trash compactor, maintenance building, dog park, tot lot, and other ancillary uses commonly associated with a first class apartment development; a master stormwater pond(s) that service Parcels A and B; conservation area; and home occupations authorized by City Code. Prohibited Uses. All land uses not expressly authorized hereunder shall be strictly prohibited on Parcel A. (ii) Parcel B The size of Parcel B shall be configured and legally described to be no less than 10 acres and shall constitute +/- 25% of the development of the Property. A minimum of 100,000 square feet of commercial/office space at final build out shall be required to be constructed on Parcel B. The allowed land uses and the maximum density and intensity on Parcel B are as follows: Commercial/O�'�ce Uses Only. The following permissible commercial/office land uses are allowed on Parcel B: • Aeronautics and Aerospace Research and Development Facilities • Alternative Energy Research and Development • Architectural, Engineering, Legal, and Planning Services • Biotechnical Research and Development • Business Schools and Computer Management Training • Computer and Electronic Product Research and Development • Computer Systems Design and Related Services • Computer Animation and Simulation • Hotels and Convention Center • Corporate Office/Business Park Development • Data Centers and Data Warehousing • Diagnostic Laboratories • Fuel Cell Research and Development • General office development (from single tenant to corporate office park, including medical and dental clinics and laboratories) • Banking and financial institutions such as mortgage companies and investment brokers and consultants regulated by the Securities and Exchange Commission • Hydraulics and Robotic Research and Development • Information Technology Companies • Medical Laboratories 5 • Nanotech Research and Development • Pharmaceutical and Medical Research Development • A maximum of one (1) restaurant with table side food and beverage service and no drive- through, with or without on-site alcoholic beverage consumption • Small deli-style restaurants as an accessory use to an office building provided such restaurant is located within the office building. • Scientific Research and Development • Software Development and Programming • Major Professional and Amateur Sports Corporate Offices • Communications Research and Development Complex or Office • Trade Schools and Universities Supporting Target Industries • Other target industries approved by the City Commission and not listed as a permitted use, provided the City Commission determines the other target industry will have a proj ected significant positive economic and fiscal impact that will optimize and diversify the City's economic tax base consistent with the policies established by the City Commission in the City's Comprehensive Plan and/or Economic Development Plan. Other Permitted Uses. The following land uses shall also be allowed on Parcel B: public utilities that serve the on-site development. Conditional Uses. The following conditional uses may be permitted upon approval by the City Commission in accordance with the standard procedures and criteria for conditional use permits set forth in the City Code: • A building floor area ratio (FAR) in excess of 1.0, but no greater than 2.0 • Additional restaurants in excess of the one restaurant allowed as a permissible use with table side food and beverage service and no drive-through, with or without on-site alcoholic beverage consumption. • A restaurant with drive-through or no tableside food and beverage service, with or without alcoholic on-site beverage consumption Prohibited Uses. All land uses not expressly authorized hereunder shall be strictly prohibited on Parcel B. (d) Phased Development Project. It is anticipated that the Project will be developed in phases, with Parcel A being developed in the first phase. The entire Project will be platted at one time, and all required right of way for public streets and other public infrastructure necessary for the development of each phase shall be dedicated at plat. The public streets, sidewalks, master stormwater pond and related public infrastructure necessary for the development of each phase shall be designed, permitted, 6 and completed in conjunction with the applicable phase of development as more particularly described herein. (e) Removal of Existin� Billboard: Pursuant to section 16-77 (e)(2), the existing billboard shall be permanently removed at such time development on Parcel A or Parcel B commences. In addition, the existing silviculture activities on the Property shall permanently cease at such time development on Parcel A or Parcel B commences. (f) Minimum Buildin� and Lot Standards: The following additional minimum development standards shall apply to the Property: Parcel A 4 Stor Luxur A artment Buildin s Building Height(max) 4 stories Building Setbacks : Front 10' Side 5' Side Corner 25' Rear 10' From Property Line 5' (15' from street side) From Wetland 15' minimum, 25' average �i� Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural features may be erected to a height greater than any limit prescribed in this Agreement, provided each feature does not exceed 600 square feet in area and does not extend more than 30 feet above the designated height limits noted in this Agreement. Building height is measured as the vertical distance from the lowest point on the tallest side of the structure to the top of the cornice, eave, or similar architectural feature. ��� Setbacks shall be taken from the paved surface areas of the adjacent parking lot(s). Roof overhangs shall be allowed to encroach into the setback for up to 2 feet, but in no event shall they encroach into a utility easement. An exception to the 10' front set back from the paved surface of the adjacent parking lot may be approved by the City for the buildings with first floor "tuck under" garages, if the OWNER demonstrates that the exception is reasonably necessary during final engineering. Parcel A 2 Stor Luxur Carria e Units and Accessor Gara e Structures Building Height(max) 2 stories Building Setbacks : Front 10' Side 5' Side Corner 15' Rear 10' From Property Line 5' (15' from street side) From Wetland 15' minimum, 25' average �i� Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural features may be erected to a height greater than any limit prescribed in this Agreement, provided each feature does not exceed 600 square feet in area and does not extend more than 30 feet above the designated height limits noted in this Agreement. Building height 7 is measured as the vertical distance from the lowest point on the tallest side of the structure to the top of the cornice, eave, or similar architectural feature. ���Roof overhangs shall be allowed to encroach into the setback for up to 2 feet, but in no event shall they encroach into a utility easement. Open porches are allowed to encroach up to ten (10)feet into the front setback. �3� Accessory garage structures may be one (1) story. Parcel B East Site West Site Commercial/Office Lot Size, Width and Depth NA NA Building Height 2 stories minimum ; 2 stories minimum ; 5 stories maximum 5 stories maximum Setbacks from: SR 434 —for 100' maximum, 100' maximum, commercial property 0' minimum 0' minimum Entrance Boulevard 10' min. 10' min. Side 5' min. 5' min. Rear 5' min. 5' min. �i� Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural features may be erected to a height greater than any limit prescribed in this Agreement, provided each feature does not exceed 600 square feet in area and does not extend more than 30 feet above the designated height limits notes in this Agreement. Building height is measured as the vertical distance from the lowest point on the tallest side of the structure to the top of the cornice, eave, or similar architectural feature. ��� Only one bay of parking will be allowed in front of the building along SR 434, but it is encouraged to have building frontages setback to the right-of-way line of SR 434 in accordance with the intent of the SR 434 Corridor Vision Plan design standards with no parking in front of the buildings. A minimum of seventy-five percent (75%) of the building fa�ade must be within the 100' maximum setback from SR 434. �3� One story buildings may be allowed if constructed for and occupied by a standalone restaurant permitted under this Agreement. (g) Impervious Surface Area: The maximum impervious surface area on the Property, excluding the required conservation area depicted on the Master Plan (+/- 5.12 acres), shall be as follows: (i) Parcel A: 75% maximum. (ii) Parcel B: 75% maximum. (h) Common Open Space: At least 25% min. of the entire site less the required conservation area depicted on the Master Plan (Parcels A and B together) shall be open space. Open space includes pervious surfaces, stormwater ponds, landscape or 8 natural areas, and recreation areas. Open space does not include the required conservation area depicted on the Master Plan (+/- 5.12 acres). (i) Streets and Sidewalks/Trail Network; Roundabout Feature: The OWNER shall be required, at OWNER's expense, to design, permit and construct all required streets and sidewalks/trail network for the Project, as generally depicted on the Master Plan, in accordance with all applicable City specifications and as follows: (i) As depicted on the Master Plan, construction of the roundabout and two public streets that run north/south to Parcel A, including the two right-turn lanes providing access into the Project from SR 434, shall be constructed and completed in conjunction with the first phase of the Project. The public collector street from the roundabout eastward to the eastern most boundary of Parcel B which connects to the State Road 434 public access street shall be constructed upon commencement of construction of any portion of the second phase of the Project. (ii) The public streets and all public roadway, sidewalk, hardscape, brick pavers (if any), and landscape improvements thereon shall be conveyed to the City at such time the streets and improvements are fully constructed by the OWNER and accepted by the CITY. OWNER shall be required to maintain, at its OWNER's expense, all enhanced hardscape in accordance with the agreement required by Section 5 hereunder. However, upon conveyance, the CITY will be responsible for maintaining the routine and standard public street improvements which are normally maintained by the CITY which includes roadway pavement, sidewalks, curb, gutter, traffic signs, and striping. (iii) The right-turn lanes and all public roadway improvements thereon shall be conveyed to the Florida Department of Transportation, at such time the right-turn lanes and roadway improvements are permitted and fully constructed by OWNER and accepted by the the Florida Department of Transportation. (iv) All sidewalks in right of way shall be a minimum of six feet(6 ft)in width, and a minimum of five feet(5 ft)within each phase. (v) Decorative street lights and signage shall be required on all public streets constructed on the Property. The decorative street lights and signage will be maintained by the OWNER, and OWNER shall be responsible for the cost differential between maintaining standard street lights and signs and the decorative street lighting and design requirements of the City, in accordance with the agreement required by Section 5 hereunder. (vi) The public streets and roundabout shall be landscaped and irrigated in accordance with the terms and conditions set forth in the Final Engineering Plans. OWNER shall be required to maintain, at OWNER's expense, all landscaping (including irrigation infrastructure and water consumption) in accordance with the landscaping maintenance standards established by the City for the beautification of rights-of-way, and shall be responsible for promptly replacing dead, diseased, or 9 dangerous landscaping back to its original permitted condition or alternative condition approved by the CITY. (vii) The roundabout is not only intended to be a traffic control feature, but it also intended to represent a sense of place demonstrating the unique character of the Project. Subject to the approval of the CITY, the OWNER shall design, permit, and construct the roundabout to have a radius subject to the approved of the City Engineer and incorporate urban design features which may include welcome signs, decorative plantings, fountains, decorative lighting, seasonal banners, artwork, and decorative paving. The roundabout design features will be maintained by the OWNER, at OWNER's expense, in accordance with the agreement required by Section 5 hereunder. (j) Stormwater Mana�ement: OWNER shall be required to design, permit, construct, and maintain a master stormwater pond and related facilities to provide stormwater retention and treatment for the entire Proj ect including, but not limited to, Parcel A, Parcel B, and the public streets and sidewalks. The stormwater pond shall be generally located and in a shape as depicted on the Master Plan. The stormwater pond and related facilities will be permitted to meet the standards of the St. Johns River Water Management District, the Army Corps of Engineers (ACOE), and the City of Winter Springs. The stormwater pond shall be incorporated into the Project as a recreational amenity with a Federal Housing Administration (FHA) compliant stabilized natural surface walking trail circumventing the outer perimeter of the pond. In addition, the OWNER shall install several quality benches to serve as sitting area overlooking the pond. Further, the OWNER shall install a minimum of two lighted, water fountain features within the pond, which shall be subject to approval by the CITY as part of the Final Engineering Plans. (k) Perimeter Walls: Subject to permitting requirements and prior CTTY approval, a low retaining wall may be constructed along the east boundary of Parcel A if necessary to allow for the placement of fill material. (1) S�ns: Signs shall be designed and permitted in accordance with Chapter 16 — Sign and Advertising, of the City of Winter Springs Code of Ordinances ("Sign Code"). There shall be a maximum of four (4) entrance monument signs located on the Property in locations as generally depicted on the Master Plan. The display ground signage for the luxury apartments and carriage homes on Parcel A and all future commercial uses and businesses on Parcel B shall be integrated into the monument signs. No additional monument signage shall be allowed on the Property. However, other on- premises signage may be approved by the CITY if allowed under the Sign Code. (m) State Road 434 Traffic Signalization. The main entrance to the Project across from the entrance of the Creeks Run Subdivision on the south side of State Road 434 shall be designed, permitted and constructed as a future traffic controlled signalized intersection subject to FDOT permitting requirements. OWNER acknowledges and agrees that prior to the time the initial phase of the Project on Parcel A is built-out, the intersection may warrant a traffic control signal and mast arms on State Road 434 to accommodate the traffic demands generated by the Project ("Signalization Project"). The 10 design of the Signalization Project shall comply with all applicable City and State regulations, and the following additional requirements shall also apply: (i) OWNER shall be required to convey to the CITY the land on Parcel B required for the construction and installation of the Signalization Proj ect at no cost to the CITY. The future location of the Signalization Project is generally depicted on the Master Plan. However, the final location shall be determined and legally described as part of the CTTY's approval of the Final Engineering Plans for the first phase of the Project. The land shall be conveyed to the CITY by plat dedication. However, in the event that the CTTY determines, in its reasonable discretion and at the time of construction of the Signalization Proj ect that additional land on Parcel B of the Property is required for said construction, OWNER agrees to convey by warranty deed the additional land to the CITY at no cost. (ii) At such time transportation impact fees are required to be paid to the CTTY by OWNER for the initial phase of the Project, OWNER shall also pay to the CITY a supplemental traffic impact fee payment in the total amount of three hundred fifty thousand and no/100 Dollars ($350,000.00) to cover the projected future cost of the Signalization Project ("Supplemental Transportation Impact Fee"). The City shall commit to design, permit and construct the Signalization Proj ect at such time the CTTY and the FDOT determine that the Signalization Project is warranted. To the extent reasonably necessary, OWNER agrees to cooperate with the CTTY in the design, permitting and construction of the Signalization Proj ect, and agrees not to contest or object to any permit applications submitted by the CITY to the FDOT to permit the Signalization Project. However, if one (1) year subsequent to build out of Parcel A and Parcel B, the FDOT confirms that a traffic signal is not warranted, the City shall refund the Supplemental Transportation Impact Fee to OWNER. For purposes of this paragraph, the term "build out" shall mean that required certificates of occupancy have been issued by the CITY's building official for all of the luxury apartment and carriage units required on Parcel A and a minimum 100,000 square feet of commercial/office space required on Parcel B and at least ninety percent(90%) of said commercial/office space is occupied by businesses that have been issued business tax receipts by the CITY. (iii) Notwithstanding the aforesaid requirements set forth in this subsection (m), prior to the approval of Final Engineering Plans for the initial phase of the Project and the payment deadline for transportation impact fees, the CITY, after consultation with the Florida Department of Transportation and the OWNER, shall have the unconditional right to provide OWNER written notice cancelling said requirements based upon changed circumstances affecting the Signalization Project. If cancelled, the provisions of this subsection (m) will no longer have any effect, and the Signalization Project, if required by the Florida Department of Transportation, will be governed by standard local and state permitting requirements, and the Supplemental Transportation Impact Fee, to the extent paid, shall be refunded by CITY to OWNER. (n) Performance and Maintenance Guarantees. OWNER shall provide the CITY performance and maintenance guarantees for all public improvements constructed by OWNER under this Agreement in accordance with the CITY's policies and requirements at the time of permitting and construction. All performance guarantees 11 filed with the CITY shall be by cash deposit or letter of credit of one hundred percent (100%) of the cost of performance, which amount may be reduced by OWNER as performance elements are completed and accepted by the CITY. Maintenance guarantees shall be by maintenance bond or letter of credit. (o) Parcel A Mandatorv On-Site Mana�ement of Propertv; Future Condominium Conversion of the Project. With respect to Parcel A, OWNER 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. OWNER shall also be 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 monument signs, walls, fences, recreational areas and amenities, and stormwater facilities associated with Parcel A. However, in the event that the OWNER desires to convert the apartment and carriage home units into a condominium in the future, OWNER 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. Approval will not be unreasonably withheld. If the conversion is approved by the CITY, OWNER 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 Parcel A. The OWNER 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. 3. F1NAL AND FUTURE PLAT APPROVALS; CONVEYANCES TO THE CITY; COMMON AREAS. (a) Plattin�. The CITY and OWNER acknowledge and agree that a final plat for the Property shall be presented to the City for final approval in conjunction with the CTTY's approval of the Final Engineering Plans for the first phase of the Project. The final plat shall be consistent and in accordance with the Master Plan and applicable provisions of the City Code, and shall be filed of record in the Official Public Records of Seminole County as a condition precedent to OWNER exercising any rights under this Agreement. Future replats or lots splits of the Property shall also be subject to applicable subdivision of land provisions of the City Code. (b) Convevances of Land and Improvements to Citv. The final plat shall contain a public dedication of lands to the CITY, in a form acceptable to the City Attorney, to address all lands required to be conveyed to the CITY under this Agreement including, but not limited to, public streets and sidewalks, the location of the future traffic control signal and mast arm, and other drainage and utility easements that may be required by the CITY to provide public utility services to the Property or to support the public streets and sidewalks and conservation area. All conveyances to the CITY by 12 dedication or otherwise shall be free and clear of all encumbrances, unless prior to the conveyance, the CITY notifies the OWNER, 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 area being conveyed. Conveyance of street and other public improvements shall be by bill of sale and free and clear of all liens. (c) Common Areas. The final plat shall also identify and dedicate all common areas or private easements for Parcel A and B, either shared or not, including but not limited to, the stormwater pond, trails and sidewalks, private roads and parking areas, monument signage, and any other common areas. (d) Multiple Lots on Parcel B. Parcel B on the final plat may be divided into two separate lots, with a single lot located on each side of the public street required from SR 434 to the roundabout. If such lots occur, the lots will be identified on the final plat as Lot B-1 (west side) and B-2. (east side) 4. TRASH/REFUSE PICK-UP. Solid waste services provided to the Property shall be by the CTTY's authorized solid waste hauler and shall be subject to all applicable City solid waste regulations and franchises. All trash and refuse service provided to the Property shall be by multiple solid waste dumpsters deemed sufficient in number, size and location by the CITY to provide adequate solid waste services to the Property. Such dumpsters will be required to be located and screened to comply with applicable City regulations and aesthetic review standards. 5. USE AND MAINTENANCE AGREEMENT FOR ENHANCED FEATURES CONSTRUCTED ON PUBLIC STREETS. Prior to issuance of certificate of completion and acceptance of the public streets and related infrastructure by the CITY, OWNER and the CITY shall enter into a separate Use and Maintenance Agreement outlining responsibilities related to the enhanced design features and landscaping required to be constructed and maintained by the OWNER on the public streets and roundabout and those OWNER chooses to construct and maintain in excess of those required to be constructed and maintained pursuant to Section 2(i) of this Agreement. Such Agreement shall require the OWNER to maintain the following items which are approved as part of the Final Engineering Plans: (i) The decorative street lights and signage, including but not limited to, the cost differential between maintaining standard street lights and signs and the decorative street lighting and design requirements of the City. The terms and conditions of this maintenance responsibility shall substantially conform to the standard decorative street light and signage form agreements that are typically approved by the CTTY on a citywide basis. (ii) All urban design features incorporated into the roundabout. (iii) All enhanced design features incorporated into the public street such as brick pavers. 13 (iv) All landscaping and irrigation infrastructure installed within the public streets including all water consumption charges imposed by the CITY for the irrigation. (v) The Use and Maintenance Agreement shall run with the land and be assignable. OWNER acknowledges that OWNER shall maintain interest in the Use and Maintenance Agreement, however, said interest may be assigned in full or in part to a property owners association. 6. EFFECT. OWNER assumes no obligation for any improvements or construction not specifically located within the Property, except as depicted on the Final Engineering Plans and limited to typical maintenance and warranty of infrastructure dedicated to the public upon completion. 7. COOPERATION. OWNER and the CITY shall cooperate fully with each other to effectuate the terms, conditions and intentions of this Agreement. 8. AUTHORITY. Each party hereby represents and warrants to the other that they have full power and authority to enter into this Agreement. OWNER also represents that all legal and equitable title to the Property is currently vested in and held by OWNER and OWNER is duly authorized to bind the Property to the terms, conditions, restrictions and requirements contained in this Agreement. CITY also represents that all requirements and procedures, including public hearings, have been properly conducted for the approval of this Agreement by the CITY and that upon the execution hereof by the CITY and the OWNER, and the adoption of the PUD Zoning Ordinance No. 2015- , such terms, conditions, restrictions, and requirements shall constitute a development order having the same force and effect of a duly adopted zoning regulation and shall be binding upon the parties. 9. NOTICES. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a nationally recognized overnight courier service, e.g. Federal Express, UPS, Airborne, Express Mail etc., addressed to a party at the other address as specified below or from time to time by written notice to the other party delivered in accordance herewith. OWNER: WS Property Holdings, LLC Attn: David Haas, VP Land Acquisitions 2379 Beville Road Daytona Beach, FL 32119 Telephone: (386)236-4170 Facsimile: (386) 763-7870 E-mail: dhaas(a�icihomes.com With a copy to: J. Andrew Hagan, Esquire 2379 Beville Road 14 Daytona Beach, FL 32119 Telephone: (386)236-4184 Facsimile: (386) 763-7814 E-mail: ahagan(c�icihomes.com With a copy to: Integra 360, LLC Attn: David G. McDaniel 1525 International Parkway, Suite 2001 Lake Mary, FL 32746 Telephone: (407) 833-3927 Fax: (407) 833-3967 E-mail: dmcdaniel(c�inte�ralandcompanv.com With a copy to: Shutts & Bowen LLP Attn: Daniel T. O'Keefe, Esq. 300 South Orange Av., Suite 1000 Orlando, FL 32801 Telephone: (407) 835-6956 Fax: (407) 849-7256 E-mail: dokeefe(cr�,shutts.com City: Kevin Smith City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407)327-5957 Fax: (407) 327-4753 With a copy to: Anthony A. Garganese, Esq. Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407) 425-9566 Fax: (407) 425-9596 E-mail: agarganese@orlandolaw.net 10. DEFALTLTS. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue whatever remedies are available to it under Florida law or equity including without limitation, an action for specific performance and/or injunctive relief. Prior to any party filing any action as a result of a default under this Agreement, the non- defaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the non- defaulting party prior to filing said action. 15 11. SUCCESSORS AND ASSIGNS. This Agreement and any impact fee credit accounts created pursuant to this Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. All subsequent purchasers of all or part of the Property shall be considered assignees subject to the requirements of this Agreement. 12. APPLICABLE LAW; VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue for any legal action instituted to enforce or interpret any provision of this Agreement shall be in Seminole County, Florida for state action and Orlando, Florida for any federal action. 13. POLICE POWER. 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. The Property shall be subject to all applicable City ordinances and other applicable laws. 14. AMENDMENTS. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto. 15. ENTIRE AGREEMENT. This Agreement supersedes any other agreement, oral or written, regarding the future development of the Property and contains the entire agreement between the CITY and OWNER as to the subject matter hereof. 16. SEVERABILITY. If any provision of this Agreement shall be held 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. 17. EFFECTNE DATE. This Agreement shall become effective upon approval by the City Commission of Winter Springs and execution of this Agreement by both parties, and upon the City's PUD Zoning Ordinance No. 2015-08 becoming effective. If the PUD Zoning Ordinance No. 2015-08 does not become effective or its adoption is timely appealed, and subsequently quashed by a court of competent jurisdiction, this Agreement shall be deemed null and void. 18. RECORDATION. Within sixty (60) days following the effective date hereof, this Agreement shall be recorded along with the City's PUD Zoning Ordinance No. 2015-08 in the public records of Seminole County, Florida and together, the PUD Zoning Ordinance and this Agreement shall constitute a development order and run with the Property unless subsequently repealed and terminated by the CTTY. 19. RELATIONSHII' OF THE PARTIES. The relationship of the parties to this Agreement is that the CITY is a regulatory agency under the laws of Florida for purposes of zoning real property within its jurisdiction and issuing development orders in furtherance thereof. OWNER owns the Property which is subject to the CTTY's jurisdiction and has agreed to the terms, conditions, restrictions, and requirements under this Agreement and is a independent property owner and not an agent of the CTTY. In addition, any work performed by OWNER regarding the design, permitting and construction of public improvements that will be conveyed to the CITY are being 16 performed as 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. 20. SOVEREIGN IlVIMLJNITY. Nothing contained in this Agreement shall be construed as a waiver of the CTTY's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the CITY's potential liability under state and federal law. 21. FORCE MA7EURE. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including but not limited to, acts of God, acts of government authority (other than the CITY's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. 22. 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 of this Agreement in the event of a dispute between the parties. 23. PERMTTS. Nothing herein shall limit the CTTY'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 federal permit, condition, term, or restriction shall not relieve OWNER or the CTTY of the necessity of complying with the law governing said permitting requirements, conditions, 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 owned by OWNER if OWNER is in breach of any term or condition of this Agreement. 24. THIRD PARTY RIGHTS. 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. 25. TERMINATION. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if OWNER fails to receive building permits and substantially commences construction of the first phase of the Project within two (2) years of the effective date of this Agreement. In addition, the City shall have the right, but not obligation, to terminate the Agreement, in whole, or with respect to only Parcel A (excluding the requirements related to the public streets, 17 sidewalks and infrastructure) or B, if OWNER permanently abandons construction of the Project, or abandons the construction of Parcel A or B, provided, however, the City shall first deliver written notice and an opportunity to cure to the defaulting party as set forth in Section 10 above. If the City terminates this Agreement, in whole or by Parcel, the City shall record a notice of termination against the affected portion of the Property in the public records of Seminole County, Florida. 26. WANER. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of the Agreement or of any future breach of the provision so waived. 27. INDEMNIFICATION. OWNER hereby agrees to indemnify, release, and hold harmless the CITY and its commissioners, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by OWNER and OWNER'S contractor's and subcontractor's performance of construction activities in furtherance of this Agreement and any and all permits issued hereunder. This indemnification shall survive the termination of this Agreement. [SIGNATURE PAGE FOLLOWS] 18 IN WITNESS WHEREOF, OWNER and the CITY have executed this Agreement in form sufficient to bind them as of the Effective Date. 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 Dated: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida 19 Signed, sealed and delivered in the WS PROPERTY HOLDINGS, LLC, a presence of the following witnesses: Florida limited liability company By: Signature of Witness Print name: Its Printed Name of Witness Signature of Witness Printed Name of Witness COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by , as of W S PROPERTY HOLDINGS, LLC., a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. 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I f y I I ;} I I � I I :� _ I 1 I ; , � o l._1!..I��mi� � � ! I�I I .'� � � z i � �� i 2 , � � y�a _ l�I�l�l�� a i "" � _ '_i � � � ��0� 1 � � � � I � � � � � I I � � I.�I.. �,L��� I , , � � � � � � � _I' :_T4! � � � ; � ,-,! � � � ' ' � ' ----' �d ; ' �' �:���[_�C�C� U � � � ��f_�al_J � i i � i .-. i i � � I I I I i 1 I . I I I � I I I I � ? � i i � � � I I Z � � � F � � a � � � � 1 I I � � � � 1 � I I �I I I � I I I ;i I I � 1�--- � U i � i � i i � � exHiBrT � � � �' � � Attachment " D " Economic Impact of Integra 360 in Winter Springs, FL Executive Summary November 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 Integra 360 is a 360 unit apartment property that will be integrated as part of a master plan which includes 10 acres of office/commercial and 30 acres of residential. The project is a $49,000,000 development, including a $6,000,000 investment in land and another$30,000,000 in construction activity. The construction of the property will employ several hundred workers with salaries ranging from $30,000 to$150,000 per year. The final product will be home to 360 households paying an average of$1230 per month in rent which comes to a yearly household salary of$44,000 in order to qualify to occupy an apartment. The property will employ 7 full time staff inembers with an average salary of$52,000 amongst the 7 workers. It was also employ several vendors for products and services totaling approximately$500,000 in economic activity. 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: .- . - .- �..-. • - - • - One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom Five-Bedroom Total Units Units Units Units Units Units Apartments 136 188 36 0 0 360 Townhomes 0 0 0 0 0 0 Single Family Residences 0 0 0 0 0 0 Total Residential Units 136 188 36 0 0 360 New Residents* 153 423 122 0 0 698 *Number of new residents in the city,not necessarily the number of occupants in the new residential units. • • •. • - - • - • - • - • Indirect& Direct Induced Total Total number of permanent direct and indirect jobs to be created 257 8 265 Salaries to be paid to direct and indirect workers $152,839,283 $10,637,614 $163,476,897 The market value the residential community's property on local tax rolls in Year 1 $19,000,000 $0 $19,000,000 Page 2 • • � � � � ' � .� 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. - - - • - - • - . . . • � Present Additional Additional Net Value of Benefits Costs Benefits Net Benefits* City of Winter Springs $15,285,700 ($8,262,547) $7,023,154 $5,852,973 Seminole County $6,915,711 ($2,156,069) $4,759,643 $3,676,491 Seminole County Public Schools $10,546,971 ($5,990,887) $4,556,084 $3,590,891 St.John's River WMD $161,948 $0 $161,948 $122,345 Fire District $1,192,546 $0 $1,192,546 $900,924 Total $34,102,876 ($16,409,503) $17,693,373 $14,143,624 *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°o to make the dollars comparable. Distribution of Net Benefits Over the First 10 Years City of Winter Springs, $7,023,154 Seminole County, $4,759,643 Fire District,$1,192,546 St.John's River WMD, $161,948 Seminole County Public Schools,$4,556,084 Page 3 • • � � � � ' � .� 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. . - . - - . . - - - • - - • - Add'I Benefits Add'I Costs Net Benefits SalesTaxes* $686 $686 Property Taxes $1,288,653 $1,288,653 Building Permits $400,000 $400,000 Impact Fees Police $128,012 $128,012 Fire $252,000 $252,000 Transportation $800,564 $800,564 Parks $432,000 $432,000 Connection/Tap Fees $600,000 $600,000 Other Revenues,Taxes&Fees: Residential Community City-Owned Utility Revenues $2,277,542 $2,277,542 Electricity Franchise Fees $186,977 $186,977 Electricity Taxes $210,417 $210,417 Water/Wastewater Taxes $211,330 $211,330 Natural GasTaxes $9,855 $9,855 Communication Services Taxes $351,985 $351,985 Other Taxes&User Fees $1,476,477 � $1,476,477 Other Revenues,Taxes&Fees: New Residents City-Owned Utility Revenues $1,612,237 $1,612,237 Electricity Franchise Fees $166,506 $166,506 Electricity Taxes $208,605 $208,605 Water/Wastewater Taxes $135,207 $135,207 Natural Gas Taxes $182,904 $182,904 Communication Services Taxes $613,738 $613,738 Other Taxes&User Fees $3,121,319 $3,121,319 Other Revenues,Taxes&Fees: New Worker Residents City-Owned Utility Revenues $255,055 $255,055 Electricity Franchise Fees $24,440 $24,440 Electricity Taxes $23,203 $23,203 Water/Wastewater Taxes $18,712 $18,712 Natural Gas Taxes $15,881 $15,881 Communication Services Taxes $28,119 $28,119 Other Taxes&User Fees $253,274 $253,274 Costs: New Residential Community Cost of City-Owned Utility Service ($2,186,440) ($2,186,440) Cost of Services ($1,303,733) ($1,303,733) Costs: New Residents Cost of City-Owned Utility Service ($1,547,747) ($1,547,747) Cost of Services ($2,756,132) ($2,756,132) Costs: New Worker Residents Cost of City-Owned Utility Service ($244,853) ($244,853) Cost of Services ($223,641) ($223,641) Total $15,285,700 ($8,262,547) $7,023,154 Present Value(5°o discount rateJ $12,181,600 ($6,328,627J $5,852,973 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. . - . - - - - . . - - - • - - • - Cumulative Cumulative Additional Additional Net Net Present Value Present Value Benefits Costs Benefits Benefits of Net Benefits of Net Benefits Year 1 $3,696,024 ($749,950) $2,946,074 $2,946,074 $2,805,785 $2,805,785 Year 2 $1,188,660 ($770,157) $418,503 $3,364,577 $379,594 $3,185,379 Year 3 $1,212,213 ($785,560) $426,653 $3,791,230 $368,559 $3,553,938 Year 4 $1,236,338 ($801,271) $435,066 $4,226,296 $357,930 $3,911,868 Year 5 $1,260,947 ($817,297) $443,650 $4,669,946 $347,611 $4,259,480 Year 6 $1,286,050 ($833,643) $452,407 $5,122,353 $337,593 $4,597,073 Year 7 $1,311,658 ($850,316) $461,342 $5,583,695 $327,867 $4,924,940 Year 8 $1,337,779 ($867,322) $470,457 $6,054,152 $318,424 $5,243,364 Year 9 $1,364,425 ($884,668) $479,757 $6,533,909 $309,255 $5,552,619 Year 10 $1,391,606 ($902,362) $489,244 $7,023,154 $300,354 $5,852,973 Total $15,285,700 ($8,262,547) $7,023,154 $5,852,973 City Net Benefits Over the First 10 Years Sa,000,000 53,000,000 Sz,000,000 5 i,000,000 $o � � � � � � - � � � � � � � � � (51,000,000) (Sz,000,000) 1 2 3 4 5 6 7 8 9 10 Year �Benefits Costs Net Benefits Page 6 • • � � � � ' � .� 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. - . - . - - . . - - - • - - • - Add'I Benefits Add'I Costs Net Benefits Sales Taxes* $2,148 $2,148 Property Taxes $2,495,292 $2,495,292 Tourist Development Taxes $0 $0 Impact Fees Transportation $287,490 $287,490 Li b ra ry $19,548 $19,548 Other Taxes&User Fees: Residential Com. $2,076,486 $2,076,486 Other Taxes&User Fees: New Residents $1,755,725 $1,755,725 Other Taxes&User Fees: New Worker Residents $279,022 $279,022 Cost of Services:Residential Community ($1,088,979) ($1,088,979) Cost of Services:New Residents ($920,761) ($920,761) Cost of Services:New Worker Residents ($146,328) ($146,328) Total $6,915,711 ($2,156,069) $4,759,643 Present Value(5°o discount rateJ $5,327,608 ($1,651,116J $3,676,491 *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. - . - . - - - - . . - - - • - - • - Cumulative Cumulative Additional Additional Net Net Present Value Present Value Benefits Costs Benefits Benefits of Net Benefits of Net Benefits Year 1 $774,266 ($194,204) $580,062 $580,062 $552,440 $552,440 Year 2 $630,732 ($201,121) $429,610 $1,009,673 $389,669 $942,109 Year 3 $642,805 ($205,144) $437,662 $1,447,334 $378,069 $1,320,178 Year 4 $655,432 ($209,247) $446,185 $1,893,519 $367,078 $1,687,256 Year 5 $668,315 ($213,432) $454,883 $2,348,403 $356,413 $2,043,669 Year 6 $681,460 ($217,700) $463,759 $2,812,162 $346,064 $2,389,733 Year 7 $694,871 ($222,054) $472,817 $3,284,979 $336,022 $2,725,755 Year 8 $708,555 ($226,495) $482,059 $3,767,038 $326,277 $3,052,032 Year 9 $722,516 ($231,025) $491,490 $4,258,528 $316,819 $3,368,851 Year 10 $736,760 ($235,646) $501,114 $4,759,643 $307,641 $3,676,491 Total $6,915,711 ($2,156,069) $4,759,643 $3,676,491 $1,000,00o County Net Benefits Over the First 10 Years Ssoo,000 $600,000 - � $400,000 � $200,000 $0 ($200,000) � � � � - ($400,000) 1 2 3 4 5 6 7 8 9 10 Year �Benefits Costs 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. - . - . . .. - - . . - - - • - - • - Additional Additional Net Benefits Costs Benefits Property Taxes $4,042,034 $4,042,034 Additional State&Federal School Funding $5,738,937 $5,738,937 Impact Fees $766,000 $766,000 Cost of Educating New Students ($5,990,887) ($5,990,887) Total $10,546,971 ($5,990,887) $4,556,084 Present Value(5°o discount rateJ $8,161,964 $4,571,074 $3,590,891 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 $161,948 Fire District $1,192,546 Total $1,354,493 Page 8 Attachment " E " Sign-In Sheet WS SR 434 PUD Community Meeting No�ember 17, 2�15 Narr�e Address Email�Phor�e �.e ��r�- �-J�S� ���� ��-- C.-�.�„�, ��- � c�� � c�-� ���,� r � f �j � � � � -�f2 � � �� �� ���� ���G�S �J t� € - � t.� ��" �, b�e�5r�3�.���.. � � �i � � �r�z�' - �.°. �� c ' c � ��. �-5'�� ���,�t� 'z�1 C� , � � �' -��. � � Sign-In Shee� WS SR 434 PUD Community Meeting May 19, 2015 .�_______m_, _��_.�__.__......__...__._.. _ __ __ __._..._ ,; Name Address Email/Phone - ____. _�.�..�..F____. __ _ ---y — _ .��.__...__.____..._.�....�.__�._..____�_..____.__.__ �:� ` . ;; o �__.-�y=�� J��� ��.. W�`W � Q���� ��� � � �� �.___._... _ _ _ _ __ �- �. — �.... .. �,' �'`. �.r� ____.�.._ �. �m_____._�_�_._._�_._....___.. -��� �.o,�-�a�, _ _��� .`�"4�e��+-e� �,.��.� �� S��,���• ��L,`���j���;?,�7� �c}.���3t e °�'c� �4.c" �/" � �, �'�G' ��'�"`� • � t� � - �-�-.--..�, -��;� �-- �.�,v� e� � �,J�.-- D �{j .��__`-� � ��bY'��� �Mt� �1^ ����l.j�� l±r��� �(n+-� Itisn�'�: � 6"ll ��^3�Z7� ' 3abC'1r}.&Cn�'�j.ar-E,'�lc��u• .ft.w� ��_� _mm�.,� _m.�m�.�_�. _.____........�_—_____ ��v�l�� �w���rr �.� �.�'�� C('�.. �-+ �n 3�-?� s"�i��e,r��e?�a��,��,�. _ � ���.. __..�.��.�w �._�'�...._�_---�__.__.___ � _�35..� �� ���.�.J � .� i��-�7�v ��j ,��y�.��-��'i�i�� �d�- ��Z7 —�__.�___ _ - - - _ _ _ _ _ ; Sign-In Sheet WS SR 434 PUD Community Meeting May 19, 2015 --------- -- _______.._.____._m.m____.._....___ _�.����____..--_--._..� �._._._W_. ;: Name Address Ernail/Phone Y � �U`��.� WC �"�'--�---(�>u5 i'��.,,..,(�.,.�c.:c.rar ��v �c�:�y�.e t{c:ac�._�. �-� (�,u,{�l]L�J��:.._�......a�..�„«.,t't� - ;. --- --------- ------- —.�_=� ._ .. �..� .�m.._. ._...�__.. �_� ��`� ���$�'!��" _�'1��.�'.���.�6J �✓�. v�li/t�!�?.C��rt/�;:�" CS r,1�iu�clv�'�k i�[�?��r M�a.� — — �. ; ��': mday,November 22,2015 SE A t t a c hm e n t " � " � CITY OF LONGWOOD, FL C�TV COMM�SSION NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS LONGWOOD D�VELOPMENT CODE AMENDMENT NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION NOTICE IS HEREBY GIVEN BY THE CITY OF LONGWOOD, PROPOSES TO CONSIDER THE FOLLOWING: FLORIDA, that the City Commission will conduct a second reading and final public hearing on Ordinance No. 15-2074, on ORDINANCE NO.20'15-08 Monday,December 7,2015 at 7:00 P.M.,or as soon thereafter as possi ble " in the Longwood City Commission Chambers,175 West Warren Avenue, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, �ongwood, Florida. The purpose of the public hearing is to receive SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION public comment and to consider the proposed amendment. The � OF ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 39,810 GROSS proposed amendment affects the use of land within the municipal limits ACRES,MORE OR LESS,AND GENERALLY LOCATED ON THE NORTH SIDE OF of the City of Longwood. STATE ROAD 434 AND EAST OF MICHAEL BLAKE BOULEVARD AND WEST OF SPRING AVENUE, WINTER SPRINGS, FLORIDA; SAID PARCEL BEING MORE ORDINANCE N0.15-2074 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN; CHANGING AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, THE ZONING DESIGNATION OF THE PARCEL FROM CITY OF WINTER AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE SPRINGS "GREENEWAY INTERCHANGE DISTRICT" TO WINTER SPRINGS I GENERAL PROVISIONS, ARTICLE II LAND USE DISTRICTS "P�NNED UNIT DEVELOPMENT (PUD)"; PROVIDING FOR THE ADf1PTION + AND OVERLAY DISTRICTS,ARTICLE III DEVELOPMENT DESIGN OF A CORRESPONDING AND REQUIRED DEVELOPMENT AGREEMENT STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ESTABLISHING THE DEVELOPMENT AND ZONING REQUIREMENTS FOR THE ARTICLE vl SIGNS, ARTICI.E Ix HARDSHIP RELIEF AND SUBJECTPROPERTY;PROVIDINGFORTHEADOPTIONOFACORRESPONDING SPECIAL EXCEP710NS, AND ARTICLE X ADMINISTRATION, AND REQUIRED MASTER PLAN ESTABLISHING THE GENERAL SITE LAYOUT ' TO ENACT-CITYWIDE CODE CHANGES RECOMMENDED BY FOR THE FUTURE DEVELOPMENT OF THE SUBJEGT PROPERTY; PROVIDING THE 17-92 CORRIDOR SMALL AREA STUDY, INCLUDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SUNSET PROVISIONS FOR NONCONFORMING SIGNAGE SEVERABILITY,AND AN EFFECTIVE DATE. AND NONCONFORMING LANDSCAPING, ADOPTING AN OPPORTUNITY NODE OVERLAY DISTRICT MAP,AND PROVIDING � LOCATION MAP FOR CONFLICTS,CODIFICATION,SEVERABILITY Qf4D EFFECTIVE DATE. � � � �ar�:��.�p ' Proposed Opportuniry Node Map � r � g��. r : ,�„� Subject PraPeRy � � g �� ,x, ����'� t z .-.:. � .:. i � `� +ra ,� ' „ �'" - � � a"��`3�'����'r °�` �`;.''� �r .� � ��� �t�� �d �'; ��� � � � e ,� � � �� �� � , t �^..^tte ����* suJ�� �� t F.y::. � � 9� �� � .. "�^ k � " ��'�. ; ' . .: ,� ��# --�e,� ,. ���, �: ___. �� , ����� � ��.�� ��, � � ���` �.-� �-� ° �� .���, �, � �` � � � � x� � ° �z �� �� =� i� ��.� � 3 ��_;.��°�� x��, �` _ ,� � Y ' �" ; PLANNING�ZONING BOARD/LOCAL PLANNING AGENCY p�"� + �-_,� �,F��x� ,� PUBUC HEARING ��'�� �� a "�* �"` � WILLBE HELD ON � � �� a �y �„ ,� �- ,�"°�'�� , � � WEDNESDAY, DECEMBER-2,2015 �� �� �,a���� �°-��� �, , _ � �,; AT 5:30 P.M.OR SOON THEREAFTER IN THE �,,a ��=� = ' `�" `� COMMISSION CHAMBERS LOCATED QT "� � °""� WINTER SPRINGS CITY HALL a _:: �,, , +��, r �'�� � � � -��'�. �"� � � 1126 EAST STATE ROAD 434 ����`.����� �.� � � � � � ��":. � WINTER SPRINGS, FLORIDA �� � ���� ��� ��`��� ' ����`� � �� _�� ��' � CITY COMMISSION FIRST READING � At this meeting, interested parties may appear and be heard wan PUBLIC HEARING . respect to the request.This hearing may be continued from time to time until finai action is complete. WILL BE HELD ON MONDAY,JANUARY 11,2016 A copy of the proposed Longwood Development Code Amendment is AT 6•00 P.M.OR SOON THEREAFTER IN THE available for review in the Community Development Division Office of • the Community Development Department and may be inspected by the COMMISSION CMAMBERS LOCATED AT public Monday through Friday from 8:30 a.m.to 4:30 p.m. The oftice is WINTER SPRINGS CITY HALL located at 174 W.Church Avenue,Longwood, Florida,or you may cail 1126 EAST STATE RO/kD 434 the office at 407/260-3462. WINTER SPRINGS, FLORIDA NOTICE: Ail persons are advised that if they decide to appeal any decision made at the meetings/hearings, they wiil need a record of The proposed ordinance may be obtained by interested parties betw2en 8 a.m. and 5 p.m., the proceedings and for such purpose, tney may need to ensure Monday through Friday,at the City's Clerk's Office, located at 1126 E.SR 434,Winter Springs, that a verbatim record of the proceedings is made, which record to Florida. For more information, call (4U7) 327-1800 #227. Persons with disabilities needing include the testimony and evidence upon which the appeal is based assistance to participate in any of these proceedings should contact the Employee Relations (per Sec.286.0105,Florida Statutes). Department Coordinator, 48 hours in advance of the meeting at(407)327-1800, #236.This is Persons with disabilities needin assistance to a public hearing. Interested parties are advised that they may appear at the meeting and be g participate in any of heard with respect to the proposed ordinance. If you decide to appeal an recommendation or these meetings should contact the A.D.A.Coordinator at 407/260-3481 Y at ieast as hours in advance of tne meeting. decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings,and for such purposes,you may need to ensure that Pubiish:'Sunday,November 22,2015 a verbatim record of the proceedings is made upon which the appeal is based. ..�n�-; — __ . _ � � � a��- :-�,�,.��_ ._. ,_ � , - G2 � Orlando Sentinel Thursday,D�cambor 31,2015 se ,a s C o E � � NOTICE OF PUBLIC HEARING CITY OF CASSEL , CITY OF WINTER SPRINGS NOTICE OF PU NOTICE IS HEREBY GIVEN THAT TO CONSIDER THE CITY COMMISSION FUTURE LAI PROPOSES TO CONSIDER ZONING AM THE FOLLOWING. TO WHOM IT MAY CONCERN: NOTICE IS GIVEN by the City of ORDINANCE NO.2015-08 Commission will hold public he Ordinances 15-1434 and 15-1435 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY ORDINANI OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE 20NING MAP DESIGNATION OF ONE AN ORDINANCE OF THE CITY (1) PARCEL OF LAND COMPRISING APPROXIMATELY TO AMEND THE CITY OF CA; 39.810 GROSS ACRES,MORE OR LESS,AND GENERALLY PLAN BY AMENDING THE LOCATED ON THE NORTH SIDE OF STATE ROAD 434 ESTABLISHING THE FUTURI AND EAST OF MICHAEL BLAKE BOULEVARD AND WEST OF MEDIUM DENSITY RE31 � OF SPRING AVENUE, WINTER SPRINGS, FLORIDA; DESCRiBED IN SECTION I OF 1 SAID PARCEL BEING MORE PARTICULARLY DEPICTED FOR CONFLICTS,SEVERABILI' AND LEGALLY DESCRIBED HEREIN; CHANGING THE A^ ZONING DESIGNATION OF THE PARCEL FROM CITY — OF WINTER SPRINGS "GREENEWAY INTERCHANGE ORDINANC DISTRICT" TO WINTER SPRINGS "PLANNED UNIT pN OiiDINANCE OF THE CITY DEVELOPMENT(PUD)";PROVIDING FOR THE ADOPTION pMENDING THE CITY OF OF A CORRESPONDING AND REQUIRED DEVELOPMENT ZONING MpP AS ESTABUSHI AGREEMENT ESTABLISHING THE DEVELOPMENT y-4.3, UNIFIED LAND DEVEI AND ZONING REQUIREMENTS FOR THE SUBJECT THE CITY OF CASSELBERR` PROPERTY; PROVIDING FOR THE ADOPTION OF A pND SUPPLEMENTED; ESl CORRESPONDING AND REQUIRED MASTER PLAN CLASSIFICATION OF PRD ESTABLISHING THE GENERAL SITE LAYOUT FOR THE FUTURE DEVELOPMENT OF THE SUBJECT PROPERTY; DEVELOPMENT)FOR THE PAP PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT � OF THIS ORDINANCE; PRO ORDINANCES AND RESOLUTIONS,SEVERABILITY,AND CONFLICTS,SEYERABILITY,AI AN EFFECTIVE DATE. The property is identified as: LOCATION MAP Reference ParcellD Nurt : A 27-21-30-501-000 e.�.aag«n,,�. �� LOCATOA!1/AP .. �. . � � .. . AAdraw:2`SIHo�mBsa�cYAwd . Su6jectCraperty . . . ��. : . Pv<d/U:2'-SI-30-SU1-OW6UOT0 �.7 �� �. �.� . . . � � i _ $ CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY,JANUARY 11,2016 This notice is pursuant to the pi AT 5:15 P.M.OR SOON THEREAFTER IN THE Statutes,Charter and Ordinances of 1 COMMISSION CHAMBERS LOCATED AT amended and supplemented. WINTER SPRINGS CITY HALL The City Commission will coi Ordinance 15-1435 on second readir 1126 EAST STATE ROAD 434 at 5:00 p.m.or as soon thereafter a WINTER SPRINGS,FLORIDA Commission Chambers, 95 Triplet I Atthe meeting interested parties may The proposed ordinance may be obtained byinterested parties to the proposed Ordinances.Thesel between 8 a.m. and 5 p.m., Monday through Friday, at the time to time until final action is taken City's Clerk's Office,located at 1126 E.SR 434,Winter Springs, Copies of the proposed Ordinanc Florida.For more information,call(407)327-1800#227.Persons the City Clerk and the same may be ii with disabilities needing assistance to participate in any of publish Date:December 31,2015 [ these proceedings should contact the Employee Relations Department Coordinator,48 hours in advance of the meeting at "Persons are advlsed ihat, H ihey (407)327-1800,#236.This is a public hearing.Interested parties made at these meetings/hearings, are advised that they may appear at the meeting and be heard proceedings and tor such purpose, with respect to the proposed ordinance.If you decide to appeal verbatim record of the proceedings any recommendation or decision made by the City Commission the testimony and evidence upan wl ; with respect to any matter considered at this meeting,you will per Section 286.0705,Florida Statul need a record of the proceedings,and for such purposes,you needing assistance to participate may need to ensure that a verbatim record of the proceedings should contact the A.D.A.Coordina � is made upon which the appeal is based. meeting at(407)262-7700,ext.115 , t � � � � „ � .,_.-.. ...,�-.,.. ._��-..,_;�.. ._.�_;_._ _:_ _ _,.-,�•,•-,. , ,. . -,-. � -.r-.� . . , , � _ . . . . . . .. . , . . . . . a . _ . _ -- G2 � Orlando Sentinel Thurid�y,lu�uury/4,2016 SE A B c o e '�' '"�� •�'§' '� ��`��'' � NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC t�EARING CITY OF WINTER SPRINGS CITY OF WINTER SPRINGS CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT NOTICE IS HEREBY GIVEN THAT NOTICE IS HEREBY GIVEN THAT THE CIiY COMMISSION THe crrv connnnissiont PROPOSES TO CONSIDER THE FOLLOWING: THE CITY COMMISSION PROPOSES TO CONSIDER THE FOLL01N�p6: PROPOSES TO CONSIDER THE FOLLOWING: ORDINANCE NO.2015-OS ORDINANCE N0.ZOZS-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE ORDINANCE N0.ZOZB-OrJ ANORDINANCEOFTHECITYCOMMISSIONOFTHECIN COUNTY, FLORIDA, CHANGING THE ZONING OF WINTER SPRINGS. SEMINOLE COUNTY, FLORIDA, MAP DESIGNATION•OF ONE(1) PARCEL OF LAND AN ORDINANCE OF THE CITY COMMISSION OF THE CITY AMENDING THE CITY'S COMPREHENSIVi�,>PLA�1 COMPRISING APPROXIMATELY 39.810 GROSS OF WINTER SPRINGS, FLORIDA;ADDING DEFINITIONS ACRES,MORE OR LESS,AN D GENERALLY LOCATED RELATED TO THE GOALS,OBJECTIVES AND POLICIES ON THE NORTH SIDE OF STATE ROAD 434 AND RELATED TO COTfAGE FOOD OPERATIONS AND OF THE HOUSING ELEMENT; PROVIDING FOR THE �STOFMICHAELBLAKEBOULEVARDANDWEST pRODUCTS;AMENDINGTHECITYCODEREGARDINGTHE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND OF SPRING AVENUE,WINTER SPRINGS,FLORIDA; SAID PARCEL BEING MORE PARTICULARLY REGULATION OF COTTAGE FOOD OPERATIONS AS HOME RESOLUTIONS,SEVERABILITY, INCORPORATION INTO DEPICTED AIVD LEGALLY DESCRIBED HEREIN; OCCUPATIONS OR HOME OFFICES, PROVIDING FOR THE COMPREHENSIVE PL4N, AN EFFECTIVE DATE° CHANGING THE ZONING DESIGNATION OF AND I.EGAL STA7US OP 7HE PtAN AMENDMENTS. THE PARCEL FROM CITY OF WINTER SPRINGS THE REPEAL OF PRIOR INCONSISTENT ORDINANCES "QREENEWAY INTERCHANGE DISTRICT" TO pND RESOLUTIONS,INCORPORATION INTO THE CODE, WINTER SPRINGS"PLANNED UNIT DEVELOPMENT And (PUD)'; PROVIDING FOR THE ADOPTION OF A SEVERABILJTI;AND AN EFFECTIVE DATE. CORRESPONDING AND REQUIRED DEVELOPMENT ORDINANCE N0.2015-15 AGREEMENT ESTABLISHING THE DEVELOPMENT CITY COMMISSION FIRST READING AND PUBLIC : AND ZONING REQUIREMENTS FOR THE SUBJECT HEARING WILL BE HELD ON ANORDINANCEOFTHECRYCOMMISSIONOFTHECITY PROPERTY;PROVIDING FOR THE ADOPTION OF A OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; CORRfSPONDING AND REQUIRED MASTER PLAN MONDAY,JANUARY 25,2016 AMENDING THE LIST OF PERMITTED, CONDITIONAL ESTABLISHING THE GENERAL SITE LAYOUT FOR AT 5:15 P.M.OR SOON THEREAFTER IN THE THE FUTURE DEVELOPMENT OF THE SUBJECT AND PROHIBITTED'USES IN THE C-1 NEIGHBORHOOD PROPERTY;PF�OVIDINGFORTHEREPEALbFPRIpR COMMISSION CHAMBERS LOCATED AT COMMERCIAL,C-2 GENERAL COMMERCIAL,AND C-3 �NCONSISTENT ORDINANCES AND RESOLUTIONS, WINTER SPRINGS CfTY HALL HIGHWAY 17-92 COMMERCIAL ZONING DISTRICTS SEVEFtABILITY, AND AN EFFECTIVE DATE. 1126 EAST STATE ROAD 434 TO REMOVE MULTI-FAMILY RESIDENTIAL AS A LOCATION MAP WINTER SPRINGS,FLORIDA CONDRIONAL USE; PROVIDING FOR THE REPEAL ' OF PRIOR INCONSISTENT ORDINANCES AND *��°��� � �E"���''��:�, AND � '"' CITY COMMISSION SECOND READING AND PUBLJC RESOLUTIONS, INCORPORATION INTO THE CODE, �,�� ; ' HEARING WILL BE HELD ON SEVERABIUTY,AND AN EFFECTIVE DATE. � MONDAY,FEBRUARY 8,2016 CITY COMMISSION SECOND READING AND AT 5:15 P.M.OR SOON THEREAFTER IN THE ADOFTION PUBLIC HEARING WILL BE HELD ON COMMISSION CHAMBERS LOCATED AT MONDAY,JANUARY 25,2016 WINTER SPRINGS CITY HALL AT 5:15 P.IW.OR SOON TNEREAFTER IN TME COMMISSION CHAMBERS LOCATED AT = 1128 EAST STATE ROAD 434 WINTER SPRINGS CITY HALL �" ��`���� „ �°� �,, ' � �"", , � � WINTER SPRINGS,FLARIDA �1126 EAST STATE ROAD 434 CITY COMMISSION SECOND READINCi The proposed ordinance may be obtained by WINTER SPRINGS,FLORIDA PUBLIC HEARING interested paRies between 8 a.m. and 5 p.m., WILL BE HELD ON The proposed ordinance may be obtained by MONDAY,JANUARY 25,2016 Monday through Friday,at the City's Clerk's Office, interested parties between 8 a.m. and 5 p.m., AT 5:15 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT �ocated at 1126 E. SR 434, Winter Springs, Monday through Friday,at the City's Clerk's Office, WINTER SPRINGS CITY.HALL Florida.For more information,call(407)327-1800 located at 1126 E. SR 434, Winter Springs,. 1126 EAST STATE ROAD 434 #227.Persons with disabilities needing assistance Florida.For more information,call(407)327-1800 WINTER SPRINGS,FLORIDA to participate in any of these proceedings should #227.Persons with disabilities needing assistanCe The proposed ordinance may be obtained by interested contact the Employee Relations Department to participate in any of these proceedings should parties between 8 a.m. and 5 p.m., Monday through contact the Employee Relations Department Friday,at the City's Clerk's Office,located at 1126 E.SR Coordinator,48 hours in advance of the meeting at Coordinator,48 hours in advance of the meetirtg at 434,Winter Springs, Florida. For mo�e information, call (407)327-1800,#236.This is a public hearing. (407)327-1800#227. Persons with disabilities needing (407)327-1800,#236.This is a public hearing. assistance to participate in any of these proceedings Interested parties are advised that they may appear Interested parties are advised that they may appear should •contact the Employee Relations Department at the meeting and be heard with respect to the at the meeting and be heard with respect to the Coordinator, 48 hours in ad'vance of the meeting p�oposed ordinance. If you decide to appe8l any proposed ordinance. If you decide to appeal an at (407) 327-1800, #236. This is a public hearing. y Interested parties are advised that they may appear at recommendation or decision made by the Ciry recommendatlon or decision made by the City the meeting and be heard with respect to the proposed Commission with respect to any matter considered Commission with respect to any matter considered ordinance.If you decide to appeal any recommendation at this meeting, you will need a record of the or decision made by the City Commission with respect at this meeting, you will need a record of the proceedings,and for such purposes,you ma need to any matter considered at this meeting,you will need proceedings,and for such purposes,you may need y a record of the proceedings, and for such purposes, to ensure that a verbatim record ofthe roceedin to ensure that a verbatim record of the proceedings you may need to ensure that a verbatim record of the p• � � is made upon which the appeal is based. proceedings is made upon which the appeal is based. . is made upon which the appeal is based. _ Attachment " G " C1TY OF WINTER SPRINGS,FLOR[DA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-DECEMBER 2.201� PAGE 4 OF 12 � PUBLIC H�ARIIVGS � 501. Community Development Department—Planning Division � The Community Development Department — Planning Division Requests That /� The Planning & Zoning Board Consider: 1) Ordinance 2015-08, Which Proposes �0' The Rezoning Of A 39.81 Acre Property From GID (GreeneWay Interchange � District) To PUD (Planned Unit Development), 2) Development Agreement, And 3) Master Plan For The 39.81 Acre Property Located On The North Side Of SR 434, Across From The Creeks Run Subdivision. Mr. Bobby Howell, AICP, Senior Planner, Community Development Department � referenced a graphic and explained the Applicant's request to Rezone the propei-ty from �, GID (GreeneWay Interchange District) To PUD (Planned Unit Development) and � remarked about the related Master Plan and Development Agreement. � � Continuing, Mr. Howell gave a brief history of the property, the previously granted ��,� Future Land Use designation to Mixed-use, and the effects of the economic downturn in � �� the mid-2000's had on delaying the actual rezoning of the property to PUD (Planned Unit � -�. __r:,;�. Development). Mr. Howell noted, "As a result of the property never being rezoned to PUD (Planned Unit Development), it's since retained that GID (GreeneWay Interchange District) Zoning designation which is inconsistent with the adopted Future Land Use designation of GID (GreeneWay Interchange District)." Further comments followed. Mr. Howell mentioned the Master Plan and indicated that it contains a mix of 340 apartment units and twenty (20) two (2) story attached carriage homes that will be located on the northern portion of the property. Further, Mr. Howell stated, "The five point one two (5.12) acre conservation wetland area that exists in the northwest corner of the Multi- family portion of the site will be preserved and in accordance with the Comprehensive Plan, no development can occur in this area of the site." Next, Mr. Howell commented on vehicular access, traffic signals, additional points of access, traffic, parking, a retention pond, that the site will not be gated, the proposed color scheme and elevations of buildings, the Development Agreement, and community meetings with resident input. Vice-Chairperson Howard Casman inquired about the additional Approvals required for this project. Mr. Howell pointed out, "The Engineering Plans and Aesthetic Review would come back to this Board." Chairperson Henderson commented on his personal views regarding this project. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETWG-DECEMBER 2,2015 PAGE 5 OF 12 � Further, Board Member Suzanne Walker expressed concerns about traffic. Before �'�°" addressing traffic issues, Mr. Randy Stevenson, ASLA, AICP, Director, Community � Development Department spoke of recent trends and noted, "The market is changing. � Apartments are no longer — a place to live until I can afford a house. A lot of the � millennials — who really, right now I think, almost outnumber the baby boomers if they don't already — are choosing to rent as a method of choice, as a choice lifestyle." Mr. Stevenson briefly commented on the Developers' research and the Comprehensive Plan and then said, "Now when we do apartments, though, we want to make sure they're the highest quality that we can get and that's what we're looking at now." Mr. Brian Fields, P.E., City Engineer, Public Works Department mentioned the Master � Plan in the Town Center and how it addresses traffic generated by new projects within � the City. Mr. Fields added, "We have a series of improvements that are already � underway to create a network of streets in our Town Center to distribute the traffic so it's � not concentrated just at one (1) intersection." Mr. Fields then commented briefly on � Michael Blake Boulevard. � Regarding capacity on State Road 434, Mr. Fields stated, "There is roadway capacity � � both in the daily and the peak hours on (State Road) 434 through Winter Springs, including the projects that are proposed before you tonight as well as [those] under construction." Mr. Fields noted that the one (1) bottleneck on State Road 434, going headed east into Oviedo on the east side of State Road 417, is outside of the City's jurisdiction. Continuing, Mr. Fields stated, "It is targeted for four (4) laning—it takes eight(8) to (10) years to four (4) lane a project. That process will be starting soon by Seminole County on that segment. But as far as the roadways within Winter Springs, we feel like there is capacity for this project. These projects bring a lot of traffic whether it's commercial ar apartments, they are bringing a lot of traffic. The question is, are they creating a level of traffic that is creating a failing level of service? And the answer is, there is capacity, the roads will not be failing, however, users will experience a lot more traffic after all these projects are online." Board Member Bart Phillips commented on density, the GreeneWay Interchange District, and Commercial being built first with Residential later. Mr. Howell stated, "The property that you have before you tonight doesn't currently have a GreeneWay Interchange Future Land Use designation, it has a Mixed-use Future Land Use designation. It has a GID (GreeneWay Interchange District) Zoning. The Zoning is inconsistent with the Future Land Use designation." Mr. Howell commented further on the GreeneWay Interchange District and how Future Land Use designations guide development. Additionally, Board Member Phillips inquired if the units were apartments or condominiums. Mr. Howell confirmed, "We've been told they will be rental apartments." CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOr1RD/LOCAL PLANNING AGENCY REGULAR MEETING-DEGEMBER 2,20]5 � PAGE 6 OF 12 � Board Member Walker asked about future Approval processes for the project specifically � about the Approval of apartments. In response, City Attorney Anthony A. Garganese � stated, "The property has a Mixed-use Future Land Use Map designation — the Comprehensive Plan requires for a Mixed-use Future Land Use Map property to have Q PUD (Planned Unit Development) zoning. And as part of the PUD (Planned Unit Development) zoning, the Code requires that there be a — has to be a mix of Uses and there has to be a Development Agreement that establishes all the land development parameters and a Master Plan. �� So, what you have before you is a total package of a negotiated project for this property � consistent with the City's Code. You can't pull it apart— it has to be a negotiated Mixed- � use project that's set forth in the Development Agreement." Board Member Walker „ commented further on apartments. �� �� Discussion followed on Zoning. Attorney Garganese stated, "This is a unique Zoning � designation. It's unique in Winter Springs in that it requires a Development Agreement � setting forth all the development standards and the particular Uses — that will be allowed on this property. This is not like your traditional Zoning where you give a Residential Zoning designation or a Commercial Zoning designation and then all of the provisions in the Code apply. This is a negotiated development project that sets forth all the development parameters in the Development Agreement. So, what you have before you is what Staff is recommending and you all have to make a recommendation on this total package that's being presented to you. Now if you have, you know, different feelings about this particular project, certainly, you can note those in the Minutes and during the Hearing. But this is a one big package that's being presented under a unique Zoning designation." Chairperson Henderson inquired if the GreeneWay Interchange District dominates Mixed-use Future Land Use designation or vice versa. Attorney Garganese replied, "Well, the Comprehensive Plan is, like Bobby (Howell) said, is the guiding document. It's Mixed-use currently. And as a Mixed-use property, under the Comprehensive Plan, it will require a PUD (Planned Unit Development) Zoning designation with a negotiated Development Agreement and Master Plan that gets adopted by Ordinance of the City Commission." Attorney Garganese indicated that the Planning and Zoning Board/Local Planning Agency is welcome to recommend modifications to the Development Agreement but emphasized the all-inclusive nature of the project. Brief comments. Mr. George Cramer, Director of Planning, Littlejohn Engineering Associates, 161 S Edgewater Drive, Orlando, Florida: acknowledged that Multi-family Use might not be the preferred type of development and discussed the Comprehensive Plan at length. CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-DECEMBER 2,2015 � PAGE 7 OF 12 � Continuing, Mr. Cramer mentioned, "I understand traffic — we did two (2) traffic studies � for this and worked with City Staff and identified there is capacity." Mr. Cramer referenced a map and discussed a future roadway parallel to State Road 434 and � emphasized its long term benefit to the community. � Mr. Cramer mentioned, "I understand that, you know, everybody would like to see the jobs come first. High-wage jobs first or the commercial development first. But the reality is is that there has to be a first step. And I would tell you that the first step is actually having PUD (Planned Unit Development) Zoning that allows the development to � occur." Brief comments. � � Continuing, Mr. Cramer stated, "These are luxury apartments. The rental rates that will � be here are going to be higher than a lot of mortgage payments in other areas of the City � and the County. So, this is, you know, looking at the diversity, providing residents that � are going to support those businesses there. What you have befare you is a plan that is ,� consistent with your Comprehensive Plan—that's really important. � Secondly, it's a good Plan because it provides the mix of Uses that was anticipated but it also is put forth in a Plan to help provide infrastructure that's going to support the community in the future and I give a lot of credit of that to City Staff. This has been a long process, as Bobby (Howell) talked about, I mean even since I've been involved over the past year there's been a lot of back and forth to get this right. I urge you to look beyond just the apartment layout. These are good apartments, these are quality apartments but it's more than an apartment. It is building the GreeneWay Interchange District, providing the infrastructure, providing the Uses for future development and the growth of Winter Springs." Chairperson Henderson asked if the apartments had elevators. Mr. Cramer confirmed, "Yes." Chairperson Henderson commented further on density and the Town Center. Vice-Chairperson Casman inquired about the rental rates. Discussion followed on rental rates versus mortgage rates in Seminole County. Mr. David McDaniel, Integra Land Company, 1525 International Parkway, Suite 2001, Lake Mary, Florida: explained that a two hundred fifty thousand dollar ($250,000.00) house would have a mortgage payment of approximately one thousand two hundred dollars ($1,200.00). Continuing, Mr. McDaniel stated, "Just to give you an idea on our — where we're thinking our rental rates are going to be, our one (1) bedrooms are going to be between a thousand ($1,000.00) and eleven hundred dollars ($1,100.00) a month, two (2) bedrooms are going to be solnewhere between fourteen seventy-five ($1,475.00) to fifteen twenty- five ($1,525.00) a month, and our three (3) bedrooms will be close to seventeen hundred dollars ($1,700.00) a month." CITY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY �o REGULAR MEET[NG-DECEMBER 2,2015 � PAGE 8 OF 12 Mr. David Haas, Chief Development Officer, ICI Homes, 2379 Beville Road, Daytona � Beach, Florida: indicated that ICI Homes has owned the property for about twelve (12) � years and that the last four (4) have been spent negotiating this project. Mr. Haas � continued, "We've talked about everything from single-family detached houses to condominiums—which are currently approved on there, 480 condominiums." Additionally, Mr. Haas spoke of property rights and stated, "We have rights on this �"'� property. The Comp[rehensive] Plan and that Future Land Use design is the key. The �•�� fact that the Zoning doesn't match is—that's what we're here to fix. The Zoning needs to � match the Land Use, that's the way that it works in property and in Planning and � Zoning." � � Referencing negotiations with restaurant operators related to developing the southwest � corner of the property, Mr. Haas stated, "They are not about to go there until there are s`�: rooftops behind them. If you want a restaurant right there, you need to put rooftops. � Commercial does not come and rooftops follow commercial — commercial follows the rooftops. When we put people there, I can go to the restaurant people and say, `There are 340 units or 480 condos' — if that's what we end up doing there if this fails — then I'll be able to talk to those restaurant people or those office people." Mr. Haas mentioned, "We've been good citizens, we've taken care of our property, we've followed your process, we have had — I don't even have any idea how many meetings. Randy (Stevenson)? Thirty (30), forty (40), fifty (50) meetings over the last four (4) years? There have been so many versions of the Development Agreement that is in front you that— and I've saved every version in a file that's overflowing. What you have before you is not what we wanted, it's what we negotiated. We negotiated in good faith; we gave, Pm not sure that we took, but I'm sure that at some point the City gave some things, as well. But we feel like that we've hammered out a good deal for the City; we have a Staff recommendation of Approval." Additional comments. After discussing the project's history, Mr. Haas concluded, "Please give us every consideration and I ask that you support what your Staff has diligently negotiated and very harshly negotiated, I will say." Vice-Chairperson Casman asked why apartments were chosen instead of condominiums. Mr. Haas replied, "We're single-family home builders, that's what we started out to put on this property, was single family homes. When we started negotiating with the GID (GreeneWay Interchange [District]) District, there was a desire on a part of the City that this become a Mixed-use. It's just a long series of negotiations." Vice-Chairperson Casman inquired further on the choice of apartments. Mr. Haas stated, "A contract offer from the buyer— for 340 units." Vice-Chairperson Casman continued, "So, someone came along and offered a better situation?" Mr. Haas answered, "Someone offered us a current situation—that's what it was, yes." C[TY OF WINTER SPRINGS,FLORIDA DRAFT MINUTES � PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—DECEMBER 2,2015 � PAGE 9 OF l2 � Board Member Walker commented on previously approved projects and apartments, her � thoughts on millennial trends, and wondered if there was an opportunity to revise the plan to omit apartments. In response, Mr. Haas referenced the research facilitated by the company and stated, � "Every bit of a market research and data shows that millennials are not buying homes; � they're just not buying them. We are in the process, as is our industry, of retooling the �, product mix that we're offering to people because they're staying with Mom and Dad or � in an apartment until they're thirty-five (35) years old–that's just the way it is. They're � not getting married like they were before, they're not – in some cases, they're starting � families but they're not getting married and having a traditional family, a picket fence, � and a yard and a house. That's not what the millennials are doing." � � •—. Mr. Haas further spoke on Mixed-use development and noted, "It's not a short-term � phenomenon." Board Member Phillips commented on development regarding its long term effects on the City of the Winter Springs. Agreeing with Mr. Haas, Mr. McDaniel commented on the deinand of multi-family housing. Tape 1/Side B Mr. McDaniel also commented on millennials, commuter cities within Seminole County, and personal biases regarding apartments. Further, Mr. McDaniel noted, "The hope is that our rooftops will bring in the commercial up front and also bring the businesses in the GID (GreeneWay Interchange District) Zoning." Brief comments. Board Member Walker commented again on apartments and inquired about alternatives. Discussion ensued on condominiums versus apartments. Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". 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