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HomeMy WebLinkAbout2012 02 27 Public Hearings 504 Jesup's Landing Final Engineering Plans CITY COMMISSIONAGENDA ITEM 504 Consent Information Public HearingX Regular February 27, 2012 Meeting Mgr. / Dept REQUEST: The Community Development Department -Planning Division requests the City Commission consider approval of:1) the Final Engineering Plan for Jesup’s Landing, and 2) modificationto the Developer’s Agreement for Jesup’s Landing,a 171-unit townhome development located on the south side of Orange Avenue in the Winter Springs Town Center. _______________________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________ SYNOPSIS: The applicant, MattamyHomes,is requesting approval of a Final EngineeringPlan for a 171-unit townhomedevelopmenton the same site that was previously approved by the City Commission for a 185-unit townhome development by Levitt & Sons in June 2005. The subject property is located in the Town Center on the south side of Orange Avenue.The previously- approved development wasunder construction until 2007whenthe builder, Levitt & Sons, abandoned the site and subsequently filed for bankruptcy.Mattamy Homes purchased the property in 2011 from Bank of Americaand has re-designed the site using a different style of townhome and a slightly modified layout than was approved in 2005. The Final Engineering Plan details the construction of the infrastructure in the development. Themodificationto the Developer’s Agreement details several minor changes including: 1) deletion of a6-foot fence along southern boundary of the property adjacent to the Cross Seminole Trail, 2) a reduction ofthe number of pedestrian/bicycleaccess pointsto the Cross Seminole Trail from three (3)to two (2),and 3) relocation of anemergency access gate from the southeast corner to the southwest corner of the site to allow emergency access to and from Central Winds Park. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU:Town Center District Zoning:Town Center District APPLICABLE LAW &, PUBLIC POLICY Home Rule Powers Florida Statutes City of Winter Springs Comprehensive Plan City of Winter Springs Town Center District Code February 27, 2012 City Commission Agenda, Item 504 28 Page of Developer’s Agreement –Barclay Woods II, LLCdated February 28, 2005 Developer’s Agreement –Mattamy Partnership, approved by City Commission June 27, 2011 CHRONOLOGY Oct. 2004-City Commission approved a concept plan for as many as 207 townhomeunits with rear-loaded 2 car garages and 128 on-street parking spaces on 17.15 acres. Feb. 2005-Jesup’s Landing Concept Plan revision and Developers Agreement approved for 185 units. May 2005-Town Center Phase I Site Development Permit Agreement approved between Barclay Woods II and City of Winter Springs (recorded May 20, 2005). June 2005-City Commission approved Final Engineering/Subdivision Plans for Jesup’s Landing Subdivision. Sept.2005-City Commission approved the Aesthetic Review of Jesup’s Landing Subdivision. Oct. 2005-City Commission approved a modification to Final Engineering for Jesup’s Landing Subdivision (addressing specimen trees, bus shelter, & lift station). Nov. 2005-Final Plat approved by the City Commission. Jan. 2006-Jesup’s Landing Final Plat recorded. Nov. 2007-Levitt & Sons suspended construction work and filed Ch 11 bankruptcy. Aug. 2009 -Bank of America took title of the property. Feb. 2011-Mattamy Homes purchased the site from Bank of America. May 2011-Mattamy Homes sends out notification packets to the surrounding property owners. June 1, 2011 –Planning & Zoning Board votes unanimously to recommend approval of the modified Conceptual Plan and Special Exception requestto Section to Section 20-324(5) of the City Code allowing thefirst floor height to be less than 2-feet above the adjacent sidewalk grade. February 27, 2012 City Commission Agenda, Item 504 38 Page of June 27, 2011 –City Commission approves the modified Conceptual Plan and a Developer’s Agreement that includes approval of a Special Exception to Section to Section 20-324(5)of the City Code allowing the first floor height to be less than 2-feet above the adjacent sidewalk grade. February 1, 2012 –Planning & Zoning Board votes unanimously to recommend approval of the Final Engineering Plan. DISCUSSION: In 2005, the City Commission approved a Final Engineering Plan for Jesup’s Landing. The plan detailed the construction of infrastructure for 185 townhome units on 17.15 acres on the south side of Orange Avenue in the Winter Springs Town Center. The developer of the communitywas Levitt & Sons. In November 2007, Levitt & Sons filed for Chapter 11 bankruptcy. Following this action, site construction was suspended indefinitely. In August 2009, Bank of America foreclosed on the property. Mattamy Homes subsequently purchased the property from Bank of America in February 2011. On June 27, 2011, the City Commission approved a Conceptual Plan approval for the Jesup’s Landing townhome development. The approved Conceptual Plan proposed 171, three story townhome units on 17.15 acres and modified some of the elements of the original Final Engineering Plan that was approved in 2005. The proposed Final Engineering Plan issubstantially similar to the approved Conceptual Plan. ThePlan proposesaccess to the development at two points onOrange Avenueon the eastern and western portions of the property. In keeping with the Town Center Code, the units are accessed via alleyways with the garages provided in the rear.The alleyways are proposed at 30-feet in width with 12-feet ofpavement width throughout the development.Afuture roadconnection will be provided in the middle portion of the eastern side of the property toallow connectivity to the adjacent property to the east (formerly known as Artesian Park).In addition to the alleyways; neighborhood streets, neighborhood lanes, and an Edge Driveare proposedin accordance with the Town Center District Code guidelines. The typical neighborhood streets are proposed with61-footwide of rights-of-way. Proposed in this space aretwo6-foot wide sidewalks, two 6-foot wide grass strips, two 8-foot wide rows of parallel parking spaces, and a 20-foot wide, two-waypavementsection. The typical neighborhood lanes are proposed with51-footwide rights-of-way. Proposed in this space aretwo6-foot wide sidewalks, two 6-foot wide grass strips, and a 26-foot wide, two-waypavement section. An Edge Drive is proposedalong the southern boundary of the property. The typical Edge Drive is proposed with a41-footwide right-of-way. Proposed in this space are a 6-foot wide sidewalk, a 6-foot wide grass strip, an 8-foot wide row of parallel parking,and a 20-foot wide, two-waypavementsection. February 27, 2012 City Commission Agenda, Item 504 48 Page of Pedestrian/bicycle access to the Cross Seminole Trail will be provided via two(2) access points shown on the plan. Amenities such as a community swimming pool and a walking path and green space areproposed around the perimeter of the reconfigured borrow pit/retention pond in the southwestern corner of the site. Thewalking path will connectwith the Cross SeminoleTrail. A second retention pond existsin the northeastern corner of the site. This retention pond was constructed as part of the site work completed by Levitt & Sons. In addition,this retention pond will have a walking path and green spaceprovided around its perimeter.An emergency-only egress access is available through Central Winds Park at the southwest corner of the site, where a gate will be installed for emergency egress access purposes. The proposed townhomes are all three story units, with a split level entrance between the first and second floor. The first floor is proposed to function as a daylight basement consisting primarily of a garage and room noted as a home office. The second and third floors contain the majority of the living area. Oneside of each unit is proposed with a two story balcony that will be accessible internally from each of the three floors of the units. In addition to these balconies, second floor balconies and stoops are proposed on the front of the buildings. Architectural elements including hardy-plank siding, stucco, columns, railings and a gabled roof are utilized in the designof the townhome buildings.An expression line is provided between the first and second floor. An Aesthetic Review of the proposed architecturalelevations must be approved by the City Commission prior to construction of the townhome units. The original Final Engineering Plan for Jesup’s Landing was approved by the City Commission for 185 townhome units on June 27, 2005. The Final Engineering included the approval of a traffic impact study. The project required the offsite improvement of Orange Avenue from the site east to Tuskawilla Road, and this work was completed by the developer and accepted by the City Commission on May 14, 2007. Jesup’s Landing is adjacent to Winter Springs High School. Townhomes arean appropriate use in the Town Center, and areproposed on property that is vested for the development of 185 townhome units. The plat for the 185-unit townhome development was recorded on January 23, 2006and the entire site will need to reflectthe modified lot and street layout, and proposed decrease in the total amount of units proposed. The project is vested from a traffic concurrency standpoint for up to 185 townhome units, on the basis that Jesup’s Landing has approved Final Engineering plans, a recorded plat, and a Development Agreement. All project trips that were approved for the original Jesup’s Landing development can be carried over to this development. When Meritage Homes recently had to prepare a traffic impact study for Winter Springs Village, the Jesup’s Landing project traffic was included as part of the “background traffic.” The Winter Springs Village project, which is currently under construction, includes the construction of Michael Blake Boulevard, a new City collector road that runs from Tuskawilla Road (north of the high school) to S.R. 434. The S.R. 434 intersection will have a full median opening. The Town Center Master Transportation Plan shows Orange Avenue being extended to the west through Central Winds Park and ultimately connecting to S.R. 434. The extension of Orange Avenue is not required for Jesup’s Landing and is not expected to be funded for construction within the next several years. February 27, 2012 City Commission Agenda, Item 504 58 Page of An Aesthetic Review detailing the construction of all applicable hardscape materials, signage, and architectural elevations of the proposed townhome units must be approved by the City Commission prior to construction of the townhome units. In addition, the project must bere- platted to reflect the new layout and the reduction in total units. This plat will be required to be recorded in the public records of Seminole County prior to the issuance of any building permits for the townhomes. The Development Agreement does permit construction of a model townhome building that does not exceed six (6) individual units prior to the recording of the final plat. The Development Agreement that was approved by the City Commission on June 27, 2011 permits the applicant to submit a street lighting plan contemporaneously with the submittal of the plat and requires the developer to underground all existing utility lines running along the property’s Orange Avenue frontage. PARKING: As shown in the table below, the proposed parking plan provides a significant increase in the number of parking spaces compared to the previously approved plans for the 185-unit subdivision at Jesup’s Landing. Jesup’s Landing Parking Summary Parking TypeCurrent Plan –Mattamy Previous Plan –Levitt & Homes 171 Townhome Sons 185 Townhome Units Units Garage Parking Spaces342370 Designated On-Street Parallel Parking Spaces16353 Designated Off-Street Surface Parking Spaces400 Undesignated On-Street Parking on Neighborhood Lanes43100 TOTAL588523 Overall Parking Ratio (Parking Spaces Per Unit)3.442.83 Garage Parking Spaces with 50% Reduction Factor*171185 Total Parking Spaces After 50% Garage Reduction417338 Net Parking Ratio2.441.83 Staff Recommended Minimum Parking Ratio for 3-bedroom townhomes2.252.25 February 27, 2012 City Commission Agenda, Item 504 68 Page of * The 50% garage reduction factor recognizes that many enclosed 2-car garages may not be available for their full 2-car parking capacity due to utilization of garages for storage space and other factors.The 50% reduction factor is applied such that a 2-car garage is counted as only one parking spacein the parking calculations. In 2005, Staff performed a City-wide review of parking demands at existing multi-family developments in Winter Springs. From this review, a set of recommended minimum parking ratios was developed with the purpose of setting guidelines for new development.The proposed Final Engineering Plans for Jesup’s Landing by Mattamy Homes has a parking ratio that exceeds Staff’s minimum recommended parking ratio for townhome projects. MODIFICATION TO THE DEVELOPER’SAGREEMENT: A minor modification to the Developer’s Agreement, which was approved on June 27, 2011 is being proposed. The changes include the following: Section 3(e) -Deletion of a6-foot fence along southern boundary of the property adjacent to the Cross Seminole Trail. During the review process, it was noted that the project will be constructed based upon the principles ofTraditional Neighborhood Development (TND) that arepromoted in the Winter SpringsTown Center. These design principles promote interconnectivitybetween uses, such as the Cross Seminole Trail and the Jesup’s Landing Townhome development. The fence that is currently required along southern boundary of the property line discourages interconnectivity between the trail and the townhome community. Removalof the fencerequirement from the Developer’s Agreement will further promote interconnectivity between the two uses that are promoted in the Winter Springs Town Center. Section 3(e) -Areduction ofthe number of pedestrian/bicycleaccess points to the Cross Seminole Trail from three (3)to two (2).One of the proposed access points will be for pedestrians, and the other will be for bicycles. As mentioned above, the project will be constructed based upon the principles ofTraditional Neighborhood Development (TND) that are promoted in the Winter Springs Town Center. It is the opinion of staff that the two access points shown on the Final Engineering Plan satisfies the concept of interconnectivity that is promoted in Traditional Neighborhood Developments such as the Winter Springs Town Center. Section 3(g) -Relocation of anemergency access gate from the southeast corner to the southwest corner of the siteto allow secondary emergency access.Originally, a secondary emergency access point for police and fire vehicles was envisioned at the southeast corner of the site via the Cross Seminole Trail. During the review process, it was determined that a more logical location for a secondary emergency access point for police and fire vehicles could be via Central Winds Park, located to the west of the site. Re-location of this access point to the southwest corner of the property would allow easier access for emergency vehicles throughCentral Winds Park, instead of having to utilize the Cross Seminole Trail and enter the site through the southeast corner of the site. February 27, 2012 City Commission Agenda, Item 504 78 Page of FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Townhomes (171 units) Units (2,155 square foot average) assessed at $90/square foot: $33,165,450 assessed tax value (2,155 x 90 = 193,950 x 171 units = $33,165,450) $33,165,450/1000 = 33,165.45 33,165.45(2.5814) = $85,613.29 $82,188.76 tax revenue $85,613.29 (less the 4% statutory discount) = Taxes paid on vacant landnow (data obtained from Seminole County Property Appraiser) $4000 assessed per platted lot: (185 platted lots x 4000/unit = $740,000)$740,000 assessed tax value 740,000/1000 = 740 $1,910.23 tax revenue 740 x 2.5814 = $1,910.23 Total Potential Tax Revenue:$84,098.99 (82188.76 + 1910.23 = 84098.99) 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, eAlert/eCitizen Recipients, 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. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff and the Planning & Zoning Board recommendthat the City Commissionapprove:1) the Final Engineering Plan for Jesup’s Landing, and 2) modificationto the Developer’s Agreement, subject to the CityAttorney’s review and approval, and authorize the City Manager to prepare and execute any and all applicable documents. February 27, 2012 City Commission Agenda, Item 504 88 Page of ATTACHMENTS : A.Final Engineering Plan B.Modification ofDeveloper’s Agreement C.Minutes –February 1, 2012 Planning & Zoning Board meeting ߬¬¿½¸³»²¬ þßþ îûèóæ÷ îíîùê÷øóèé èêèíèûð ëèãéãïéóâ÷úíèûîóùûðîûï÷ùíïïíîîûï÷ø÷éùêóìèóíîéìûùóîõ îûèóæ÷÷÷ùê÷øóèé èê÷÷é ïóîôèä éìêøéãïï÷èêóùûðùûîíìã ìðûù÷ûé ûù÷êêçúêçïíùèíú÷ê ûê õîûèóæ÷ ê÷øïûìð÷éèêçùèçê÷ïûèùô÷øûìì÷ûêûîù÷ïóî  õðíêãéôíåî ùûð ïóîôèä éìêøùíðçïîûêèí ìðûù÷ûé îíîîûèóæ÷  óð÷äïûêãî÷ððïûêãî÷ððôíððãìãêûïóøûðéèêçùèçê÷ïûèùô÷ø éôíåî ûìì÷ûêûîù÷ïóî ùûð ïóî ôèäéìêøéóîõð÷èêçîñ ìðûù÷ûé ðûõ÷êéèêí÷ïóûóîøóùûïçéñíõ÷÷ùêûì÷ ðóï õîíîîûèóæ÷  éãïï÷èêóùûðùûîíìãéèêçùèçê÷ïûèùô÷ø ïçéñíõ÷÷ïãêèð÷éèûîøûêøéôíåî ûìì÷ûêûîù÷ïóî ùûð ïóî ôèäéìêøéóîõð÷èêçîñ ìðûù÷ûé ðûõ÷êéèêí÷ïóûóîøóùûèçéñ÷õ÷÷ùêûì÷ ðóè õîíîîûèóæ÷  éãïï÷èêóùûðùûîíìãéèêçùèçê÷ïûèùô÷ø èçéñ÷õ÷÷ïãêèð÷éèûîøûêøéôíåî ûìì÷ûêûîù÷ïóî ùûð ïóîôèä éìêøéãïï÷èêóùûð ìðûù÷ûé îûèóæ÷  ìóîçéìûðçéèêóéðíîõð÷ûöìóî÷éèêçùèçê÷ïûèùô÷øûìì÷ûêûîù÷ïóî  éôíåî ùûð ïóî ôèäéìêøéãïï÷èêóùûðùûîíìã ìðûù÷ûé ëæ õëç÷êùçéæóêõóîóûîûðóæ÷íûñéèêçùèçê÷ïûèùô÷øûìì÷ûêûîù÷ïóî îûèóæ÷   éôíåî ùûðïóîùè ïóî ôèäéìêøéãïï÷èêóùûðùûîíìã ìðûù÷ûé ëæ îûèóæ÷  ëç÷êùçéæóêõóîóûîûðóæ÷íûñéèêçùèçê÷ïûèùô÷øûìì÷ûêûîù÷ïóî  éôíåî ùûðïóîùè ïóîôèä éìêøéóîõð÷éèêûóõôèèêçîñ ìðûù÷ûé îûèóæ÷  èûäíøóçïøóéèóùôçïúûðøùãìê÷ééïûèùô÷øûìì÷ûêûîù÷ø÷îé÷öíðóûõ÷ éôíåî éãïï÷èêóùûðéèêçùèçê÷ïóî ùûð ïóî ôèäéìêøéóîõð÷éèêûóõôè ìðûù÷ûé èêçîñïûèùô÷øûìì÷ûêûîù÷ø÷îé÷ èø èûäíøóçïøóéèóùôçïúûðøùãìê÷ééîûèóæ÷  öíðóûõ÷éãïï÷èêóùûðéèêçùèçê÷ïóî éôíåî ùûð éôêçúé óð÷äùíêîçèûúçöíêøóøåûêöúçêöíêøïóî ôèä éìêöçððø÷îé÷öíðóûõ÷  îíîîûèóæ÷ íùî ûî û îûîûôíððãèíúûé÷ïûèùô÷øûìì÷ûêûîù÷ óð÷äæíïóèíêóûøåûêöãûçìíîïóî ôèä éìêøöçððø÷îé÷öíðóûõ÷ óæé õîûèóæ÷ íùî ûî û éùôóððóîõéøåûêöôíððãèíúûé÷êíçîø÷øöíêï íêûîõ÷úóêøíö éêõéèê÷ðóèâóûê÷õóîû÷ïóî ôèä éìêøöçððìðûîèîíîîûèóæ÷íùî ûî û ìûêûøóé÷ æóúçêîçïíúíæûèçïøåûêöåûðè÷êé  æíï õîûèóæ÷ íùî û ïóî ôèä î û ïêééôóðð÷êéøåûêöæóúçêîçï ïóî ôèä éìêøöçððø÷îé÷öíðóûõ÷ æíõîíîîûèóæ÷ íùî û æóúçêîçïíøíêûèóééóïçïéå÷÷èæóúçêîçïî û éãïï÷èêóùûðúêûîùôóîõéèêçùèçê÷ ïóî ôèä éìêøöçððø÷îé÷öíðóûõ÷ éú õîûèóæ÷ íùî û éìûêèóîûúûñ÷êóéûîøùíêøõêûééî û èíúûé÷ âì õîûèóæ÷ íùî û âûïóûìçïóðûùííîèó÷ïóî ôèä éìêøöçððìðûîèî û õêíçîøùíæ÷êé ûîìíèéîíîîûèóæ÷ î û é÷ûéíîûðûîîçûðéê÷ìðûù÷é÷ûéíîûððãî û úçðúóî÷öêçè÷éù÷îéïóî ôèäéìêøöçððø÷îé÷öíðóûõ÷ úçðúóî÷îûèóæ÷ î ûî û ôûððïûêñèíúûé÷ øóûî÷ððûèûéïûîóùûæûêó÷õûè÷øöðûäïóî ôèä éìêøöçððø÷îé÷öíðóûõ÷  îíîîûèóæ÷ î ûî û æûêó÷õûèûðóðãèíúûé÷ ìðûù÷ûé ïóî ôèä éìêøöçððø÷îé÷öíðóûõ÷ øæ õîíîîûèóæ÷î û øó÷è÷éæ÷õ÷èûûöêóùûîóêóéî û èíúûé÷éôíåî òçîóì÷êçéùíîö÷êèûøåûêöéôíê÷ òù õîíîîûèóæ÷ î û ïóîôèä éìêøöçððø÷îé÷öíðóûõ÷î û ùíïìûùèûòçîóì÷ê ìðûù÷ûé èêûùô÷ðíéì÷êïçïøåûêöùíîö÷ø÷êûè÷ èûìíèéîíîîûèóæ÷î û öçððø÷îé÷öíðóûõ÷ïóîóïçïêçîî÷êéî û éôíåî ûéóûèóùçïïóîóïûòûéïóî÷ æóî÷é öçððìðûîèåóèôïçðèóìð÷êçîî÷êéìðûîè  öì õîíîîûèóæ÷ íùî û öóùçéìçïóðûùê÷÷ìóîõöóõî û íîíçè÷êõûêø÷îåûððé éíø öçððø÷îé÷öíðóûõ÷ø÷îé÷êôóâíïûèíçé  îíîîûèóæ÷éíðóøéíøî û ìûéìûðçïîíèûèçïúûôóûéíøî û õêíåèôì÷éèûîøøóé÷ûé÷öê÷÷ öçððø÷îé÷öíðóûõ÷ø÷îé÷êôóâíï÷ûîø éè÷îíèûìôêçïéèûçõçéèóî÷   éíø îíîîûèóæ÷éíðóøéíøî û éèíðíîø÷æ÷ðíìï÷îèì÷éèûîøøóé÷ûé÷î û é÷ùçîøûèçïöðíêûèûïöðíêûèûï öê÷÷ ðóèèíêûðìðûîèé ò÷ õîûèóæ÷ íùî û òçîùçé÷ööçéçééíöèêçéôïóî ôèä ðø÷îé÷öíðóûõ÷î û ìù õîûèóæ÷ íùî û ìíîèûø÷êóûùíêøûèûìóùñ÷ê÷ðå÷÷øïóî ôèä êøöçððø÷îé÷öíðóûõ÷î û  îûèóæ÷ íùî û éûõóèèûêóûðûîùóöíðûøçùñìíèûèíïóî ôèä êøöçððø÷îé÷öíðóûõ÷î û ïóéùðûîøéùûì÷óè÷ïé ïóî ùíîèêûùèíêèíæ÷êóöãëçûîèóèãûììðãóî úûð÷éî û ìóî÷éèêûåî û èôóùñî÷éé ìíîøûê÷ûéûúíæ÷îôåíîðã ïóî ìóî÷úûêñïóîóùíîèêûùèíêèíæ÷êóöãëçûîèóèãûììðãèí ùãî û î û îçõõ÷èéûððú÷øéíçèéóø÷íöìíîøûê÷ûéèôóùñî÷éé èíèûðèê÷÷ùê÷øóèé  ߬¬¿½¸³»²¬ þÞþ THIS INSTRUMENT WAS PREPARED BY: Mark A. Grimes, Esquire Pohl & Short, P.A. 280 W. Canton Ave., Suite 410 Winter Park, FL 32789 (407) 647-7645 AND SHOULD BE RETURNED TO: Anthony Garganese, Esquire Brown, Garganese, Weiss & D’Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 MODIFICATION OF DEVELOPER'S AGREEMENT WHEREAS, CITY OF WINTER SPRINGS the , a Florida municipal corporation (the MATTAMY "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and (JACKSONVILLE) PARTNERSHIP , a Florida general partnership ("Mattamy Homes"), whose address is 400 Park Avenue South, Suite 220, Winter Park, Florida 32789 executed that DEVELOPER'S AGREEMENT certain (the "Agreement") on July 11, 2011 and July 13, 2011, respectively, concerning that property which is referenced on Exhibit “A”, which Exhibit “A” and which Agreement are incorporated by reference herein. W I T N E S S E T H: WHEREAS , Mattamy Homes and the City have determined that certain changes to the Agreement need to be made and memorialized by a written instrument between the parties. WHEREAS , the City Commission has recommended entering into this Modification of Developer’s Agreement with Mattamy Homes for the development of the Project as set forth in the Agreement; and WHEREAS , in addition to Mattamy Homes’ compliance with the City Land Development Code and the City Town Center District Code (together the “Code”), permitting and construction not in conflict herewith, the City and Mattamy Homes desire to set forth the following additional special terms and conditions with respect to the development and operation of the Project. NOW, THEREFORE , in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Modification of Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs 1 of 5 Page Recitals . The foregoing recitals are true and correct and are hereby incorporated 1. herein by this reference. Authority . This Modification of Developer’s Agreement (the “Modification”) is 2. entered into pursuant to the Florida Municipal Home Rule Powers Act. Obligations and Commitments . In consideration of the City and Mattamy 3. Homes entering into this Agreement, the City and Mattamy Homes hereby agree as follows: A.Section 3(e) of Agreement. Subsection (e) of Section 3 of the Agreement is hereby deleted in its entirety, and the following Subsection (e) of Section 3 is hereby substituted in its place: (e)Buffer Walls and Fences; Trail Access. Notwithstanding the requirements of Section 20-417 of the Code, Mattamy Homes shall install (i) two (2) pedestrian access points to the Seminole County trail along the southerly boundary line of the Property, and (ii) a six (6) foot tall wrought iron or similar fence along the western boundary of the Property. The foregoing fence shall be erected as soon as reasonably practical and prior to any permanent vertical construction for the Project. Notwithstanding the foregoing to the contrary, access will be available at all times for emergency vehicles. All pedestrian access points to and from the Seminole County Trail shall be dedicated to the City on the Final Plat, and any Project gates will remain unlocked. B.Section 3(g) of Agreement. Subsection (g) of Section 3 of the Agreement is hereby deleted in its entirety, and the following Subsection (g) of Section 3 is hereby substituted in its place: (g)Sidewalks. All sidewalks shall comply with the Code (minimum six (6) feet) except the sidewalk to be located around the lake and to the pedestrian access located at the southwest corner of the Property as depicted on the Conceptual Plan shall be a minimum of eight (8) feet in width. Further, a twenty (20) foot emergency stabilized path shall be constructed at the southwest corner of the Property through a gate that will allow access to and from Central Winds Park which shall be stabilized to facilitate emergency vehicle access. In addition, the Declaration shall establish easement rights in favor of the Homeowners' Association to permit sidewalks to extend into individual townhouse lots as depicted in the Conceptual Plan. Modification of Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs 2 of 5 Page IN WITNESS WHEREOF , the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: Charles Lacey, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: CITY SEAL By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, Charles Lacey and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this ____ day of ____________, 2012. (NOTARY SEAL) NotaryPublic My commission expires: Witnesses: Modification of Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs 3 of 5 Page MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership By: CALBEN (FLORIDA) CORPORATION, a Florida corporation, its general partner Print Name: By: Steven A. Parker, President _____________________________________ Print Name: ___________________________ By: MBC (FLORIDA) CORPORATION, a Florida corporation, its general partner Print Name: By: Steven A. Parker, President _____________________________________ Print Name: ___________________________ STATE OF FLORIDA COUNTY OF ORANGE The foregoing was acknowledged before me this _______day of __________, 2012 by Steven A. Parker, in his capacity as President of Calben (Florida) Corporation, and in his capacity as President of MBC (Florida) Corporation, each in its respective capacity as general partner of Mattamy (Jacksonville) Partnership, a Florida general partnership, on behalf of said general partnership, and who [ ] is personally known to me or [ ] who has produced a Florida driver’s license as identification. _________________________________ NOTARY PUBLIC My Commission Expires: ____________ Modification of Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs 4 of 5 Page EXHIBIT "A" Legal Description Parcel 1: Lot 15, Block B, D.R. MITCHELL’S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Parcel 2: Lot 16, Block B, D.R. MITCHELL’S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Page 5 of 5 ߬¬¿½¸³»²¬ þÝþ CITY OF WINTER SPRINGS, FLORIDA UNAPPROVEDMINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 1, 2012 PAGE 10 OF 13 AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 502. Community Development Department Planning Division Requests the Planning And Zoning Board Consider The Final Engineering Plan For Unit Townhome Development Located On The South Side Of Orange Avenue In The Winter Springs Town Center. Mr. David Evans, Evans Engineering, Inc., 719 Irma Avenue, Orlando, Florida: on behalf of Mattamy Homes, Mr. Evans spoke of a stabilizing material under the grass for this project. ability t different ways you can do that. Obviously, based on the Conceptual Plan you just saw and on this plan, you will see a sidewalk that goes around but there is also grass here n Board Member Schwarz inquired about the drainage on the north side of the property. There was a permit for Orange Avenue construction that was issued when Orange Avenue was built by Levitt Homes. Levitt Homes actually permitted the Orange Avenue improvements the City actually built the project, but back then when that permit was issued, it was never certified or cleared which had to do with all the ditches on both sides of the street as well as that pond on the north side of the property as well. And they have done their final inspections of all those systems as well. We have looked at that. That is the existing ditch through this property back when it was actually built. The Contractor worked on it and then we inspected it and looked at Permits and how the Permits were issued and how those flow ways worked. That is CITY OF WINTER SPRINGS, FLORIDA UNAPPROVEDMINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 1, 2012 PAGE 11 OF 13 Further, Board Member Schwarz stated, - seeing from June 2011 is going to be Amended with whatever we recommend to the Commission and they will Vote on those as far as agreeing with Staff about the access points. I think that was the only thing that was going to be changed per the old are a couple of items, trail points go from 3-2 (access points); but it is open Trail access instead of being fenced, like other locations of the Trail through Winter Springs. Open access to the Trail other Special Exceptions requested through the review of this, so really other than just those minor chan Chairman Poe No one spoke. ITEM REGARDING ANDING, 171 UNIT TOWNHOME DEVELOPMENT LOCATED ON THE SOUTH SIDE OF ORANGE AVENUE IN THE WINTER SPRINGS TOWN BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER SCHWARZ: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Consideration Of Ordinance 2012-05, Amending The Comprehensive Plan Related To Both The Town Center And GreeneWay Interchange District (GID) Along With Associated Amendments To Policy 1.1.1: Land Use Categories. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented this Agenda Item and spoke of proposed changes to the Comprehensive Plan, the Town Center District Code, and GreeneWay Interchange District (GID) Amendments.