HomeMy WebLinkAbout2023 11 16 Public Hearing 400 - Hickory Grove - Final Plat and Second Modification to the Development AgreementPUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA | NOVEMBER 16, 2023 REGULAR MEETING
TITLE
Hickory Grove - Final Plat and Second Modification to the Development Agreement
SUMMARY
The Final Engineering, Aesthetic Review, Waiver, Removal of Specimen Trees, and
Development Agreement for Hickory Grove Townhomes were approved by the City
Commission on Monday, May 23, 2022. This agenda item relates specifically to the
final plat for the development, which will create individual lots, and the second
modification to the development agreement, which relates to the location of a
reclaimed water line.
FUNDING SOURCE
n/a
RECOMMENDATION
Staff recommends that the City Commission approve the final plat and second
modification to the Development Agreement for Hickory Grove.
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
SECOND MODIFICATION
DEVELOPMENT AGREEMENT
Hickory Grove Townhomes
THIS SECOND MODIFICATION TO DEVELOPMENT AGREEMENT ("Second
Modification") is made and executed this ______ day of _________________, 2023, by and
between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (“City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and MATTAMY ORLANDO
LLC, a Florida limited liability company, as successor in title to JUANITA D. BLUMBERG, as
Trustee of the Juanita D. Blumberg Revocable Trust dated May 3, 2004 (“Developer”), whose
address is 2450 Maitland Center PKWY, #300, Maitland, Florida 32751.
WITNESSETH:
WHEREAS, Developer is the current owner of approximately 12.3 acres, more or less, of
real property located in the Winter Springs Town Center, T4 Transect, generally north of Blumberg
Boulevard and bounded by Tuskawilla Road and Bear Springs Drive, Winter Springs, Seminole
County, Florida, as more particularly described in EXHIBIT A attached hereto and incorporated
by this reference herein (the “Property”); and
WHEREAS, Developer’s predecessor in title entered into a Development Agreement with
the City, dated June 27, 2022 and recorded at Seminole County Official Record Book 10270, Pg.
223-239 (17 Pgs.) (“Development Agreement”), in order to construct townhome unit subdivision
on the Property with a maximum of 132 units (“Developer’s Project”); and
WHEREAS, the Development Agreement was modified by that certain First Modification
Development Agreement Hickory Grove Townhomes dated March 2, 2023 and recorded at
Seminole County Official Record Book 10402, Page 562-572 (11 pgs.) (“First Modification”); and
FOR RECORDING DEPARTMENT USE ONLY
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WHEREAS, the Development Agreement provided, among other things, that Developer
would install a reclaim water line connecting Bear Springs Drive to Tuskawilla Road and
extending to the eastern edge of the Tuskawilla Road right-of-way to allow for future connection
and reclaimed system expansion; and
WHEREAS, subsequent to the recording of the First Modification the Parties determined
that it would be better to have Developer install the contemplated reclaim water line in an area
immediately north of Blumberg Boulevard, as generally depicted on EXHIBIT B attached hereto
and incorporated by this reference herein; and
WHEREAS, the sole intent and purpose of this Second Modification is to modify the
Development Agreement to provide that the Developer shall construct the reclaimed water line as
generally depicted on EXHIBIT B instead of in the location along Bear Springs Drive as
previously agreed and approved; and
WHEREAS, this Second Modification to Development Agreement shall be recorded
against the Property so that the terms and conditions of approval related to the Project shall run
with the land; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3.0 The Property. The Property has a tax parcel identification number of 26-20-30-
5AR-0B00-028E and a current address of 141 Bear Springs Drive in Winter Springs.
4.0 Modification of the Specific Conditions of Approval - Section 6 (L). Section
6.0 (L) of the Development Agreement is hereby amended in its entirety as follows:
L. Developer, at Developer’s expense, shall construct an 8-inch (outer diameter) HDPE
reclaimed water line which shall connect to an existing 6-inch (interior diameter) reclaimed water
line located north of Blumberg Boulevard and east of Bear Springs Drive, and then continue
eastward along the northern edge of Blumberg Boulevard to a point where it shall connect to a
valve within the Developer’s Project, all as generally depicted on EXHIBIT B, attached hereto.
This reclaimed water main is to be dedicated to the City of Winter Springs.
5.0 Effective Date. This Second Modification to Development Agreement shall
become effective upon approval by the City Commission and execution of this Second
Modification by both parties hereto.
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6.0 Recordation. Upon full execution by the Parties, this Second Modification shall
be recorded in the Public Records of Seminole County, Florida by the City. The Developer shall
be responsible for all recording fees associated with this Second Modification.
7.0 Other Terms. All other provisions of the Development Agreement and First
Modification not modified by this Second Modification shall remain in full force and effect. In the
event of any conflict or ambiguity between the terms of the Development Agreement and this
Second Modification, this Second Modification shall control.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By:
Kevin McCann, Mayor
ATTEST:
By:
Christian Gowan, City Clerk
Date:_________________________________
CITY SEAL
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
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Signed and sealed in the presence of: MATTAMY ORLANDO LLC, a Delaware
limited liability company
____________________________________ By: ________________________________
Print Name: __________________________ Printed Name: _______________________
Title: _______________________________
Date: _______________________________
____________________________________
Print Name: __________________________
STATE OF FLORIDA )
) ss:
COUNTY OF ORANGE )
The foregoing instrument was sworn to, subscribed and acknowledged before me this
_____ day of __________, 2023 by _______________, as _______________ of Mattamy
Orlando LLC, a Delaware limited liability company, on behalf of the company. They appeared
before me by means of: [__] online notarization, or [__] physical presence and is [__] personally
known to me, or [__] has produced __________________________ as identification.
(Signature of Notary Public)
Print Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO
FULLY EXECUTE, AND DELIVER TO THE CITY, THIS FIRST MODIFICATION
WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION
APPROVES THIS FIRST MODIFICATION, THIS FIRST MODIFICATION, AND THE
MODIFICATIONS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE
DEEMED NULL AND VOID.
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EXHIBIT A
PROPERTY LEGAL DESCRIPTION
A PORTION OF THE FOLLOWING:
A PORTION OF LOTS 28, 29 AND 30, D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 5 OF THE PUBIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 28, D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP AS PER PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA
AND RUN SOUTH 71°24'38" EAST ALONG THE NORTH LINE OF SAID LOTS 28 AND
29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET FOR A DISTANCE OF
333.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 71°24'38"
EAST ALONG SAID LINE FOR A DISTANCE OF 533.01 FEET TO A POINT ON A CURVE
CONCAVE SOUTHWESTERLY HAVING TANGENT BEARING OF SOUTH 85°37'28"
EAST AND A RADIUS OF 358.00 FEET; THENCE DEPARTING SAID NORTH LINE OF
LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET AND
RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 39°08'43" FOR A DISTANCE OF 244.59 FEET TO THE POINT OF
TANGENCY; THENCE RUN SOUTH 28°28'45" EAST, A DISTANCE OF 237.47 FEET TO
A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 142.00 FEET AND A CENTRAL ANGLE OF 45°00'00"; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 111.53
FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 71°28'45" EAST, A
DISTANCE OF 253.56 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 82.00 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 12°29'09" FOR A DISTANCE OF 17.87 FEET TO THE POINT OF TANGENCY;
THENCE RUN SOUTH 59°55'05" EAST, A DISTANCE OF 40.83 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00
FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90°00'00" FOR A DISTANCE OF 47.12 FEET TO THE POINT OF
TANGENCY; THENCE RUN SOUTH 30°04'55" WEST ALONG THE WESTERLY RIGHT
OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) FOR A
DISTANCE OF 261.88 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE AND
RUN ALONG THE NORTHERLY LINE OF PARCEL 6 AS PER THE WARRANTY DEED
AS RECORDED IN OFFICIAL RECORDS BOOK 4164, PAGE 1552 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA FOR THE FOLLOWING COURSES:
FROM A POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A
TANGENT BEARING SOUTH 30°04'55" WEST AND A RADIUS OF 15.00 FEET; THENCE
RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 39°19'07" FOR A DISTANCE OF 10.29 FEET TO THE POINT OF TANGENCY;
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THENCE RUN SOUTH 69°24'02" WEST FOR A DISTANCE OF 53.25 FEET; THENCE
NORTH 60°43'32" WEST FOR A DISTANCE OF 136.29 FEET; THENCE NORTH 71°24'05"
WEST FOR A DISTANCE OF 498.39 FEET; THENCE DEPARTING SAID NORTHERLY
LINE OF PARCEL 6 AND RUN ALONG THE NORTHERLY LINE OF PARCEL 4 AS PER
THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4056, PAGE OF
0428 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR THE
FOLLOWING FIVE (5) COURSES: THENCE RUN NORTH 18°35'55" EAST FOR A
DISTANCE OF 137.55 FEET; THENCE NORTH 71°24'05" WEST, A DISTANCE OF 293.20
FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 200.02 FEET;
THENCE NORTH 83°31'22" WEST, A DISTANCE OF 105.03 FEET; THENCE NORTH
71°24'05" WEST, A DISTANCE OF 162.54 FEET TO A POINT ON EASTERLY LINE OF A
TRACT OF LAND AS PER THE WARRANTY DEED AS RECORDED IN OFFICIAL
RECORDS BOOK 4423, PAGE 1797 OF THE PUBIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; THENCE RUN NORTH 18°35'55" EAST ALONG SAID EASTERLY LINE FOR
A DISTANCE OF 325.13 FEET TO THE POINT OF BEGINNING.
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EXHBIT B
ORLDOCS 20791879 2
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STAFF REPORT – FINAL PLAT ACCEPTANCE
CITY COMMISSION
THURSDAY, NOVEMBER 16, 2023 | REGULAR MEETING
HICKORY GROVE TOWNHOMES – CONSIDERATION OF FINAL PLAT APPROVAL
Approval of this Final Plat is being requested in furtherance of the previously-approved final engineering
plans and is substantially in conformance with such plans, which were publicly noticed in accordance with
Section 20-28.
SUMMARY
The Community Development Department requests that the City Commission review and consider the
approval of the Hickory Grove Plat to allow the subdivision of the subject property into one hundred thirty-
two (132) townhome lots and fifteen (15) common area tracts, consistent with the previously-approved
final engineering plans approved by the City Commission on May 23, 2022. The common infrastructure
(sidewalks, roads, water/sewer, etc.) has already been constructed and the applicant intends to begin
pulling building permits for the townhomes soon.
General Information
Applicant Mattamy Orlando LLC
Property Owner(s) Mattamy Orlando LLC
Location North side of Blumberg Boulevard between Tuskawilla Road and
Bear Springs Drive
Tract Size ±12.27 gross acres
Parcel ID Numbers 26-20-30-5AR-0B00-028E
Zoning Designation Town Center (T-4)
FLUM Designation Town Center
Adjacent Land Use North: Winter Springs High School
East: Tuskawilla Rd.
South: Blumberg Blvd.
West: Bear Springs Dr.
Development Permits Final Engineering, Aesthetic Review, Twelve Waivers, Removal of
Specimen Trees approved with conditions on May 23, 2022
Development
Agreement
Development Agreement, dated March 8, 2021, recorded in the
Official Records of Seminole County Book 9887, Pages 718-751.
Code Enforcement Not applicable
City Liens Not applicable
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STAFF REPORT – FINAL PLAT ACCEPTANCE
CITY COMMISSION
THURSDAY, NOVEMBER 16, 2023 | REGULAR MEETING
BACKGROUND DATA:
The Applicant, Mattamy Orlando LLC, proposed to subdivide a ± 12.30 acre parcel into four (132)
townhome parcels and fifteen (15) common area tracts.
The parcels are bounded to the north by Winter Springs High School, to the east by Tuskawilla Road, to
the south by Blumberg Boulevard, and to the west by Bear Springs Drive. The property is located in the
Town Center Transect T-4 and the Future Land Use designation is the Town Center District. The Final
Engineering plans were approved by the City Commission at the May 23, 2022 Commission meeting. The
development consists of one hundred thirty-two (132) townhomes, as well as supporting infrastructure,
stormwater ponds, community amenities, and landscaping. The executed Development and Property
Division Agreement was recorded on March 31, 2022 (Official Records Book 718/Page 751).
Approval of a final subdivision plat is regulated by Chapter 9 of the City Code (various sections) and
Chapter 177, Florida Statutes. Chapter 177, Florida Statutes require that the plat be fully executed by the
owner(s) of record, by all mortgagees having an interest in the land to be subdivided, by the professional
surveyor and mapper of record, and by the independent professional surveyor and mapper who reviews
the plat for consistency with Chapter 177, Florida Statutes.
City Staff, including the City's independent surveyor, Southeastern Surveying and Mapping Corporation,
have reviewed and recommend approval of the plat.
PUBLIC NOTICES:
The Final Plat is being requested in furtherance of the previously-approved final engineering plans and is
substantially in conformance with such plans, which were publicly noticed in accordance with Section 20-
28. The public hearing for the final engineering plans, conditional use, waivers, etc. was held at a regularly
scheduled City Commission meeting on May 23, 2022. In addition, the public hearing for the final plat
was advertised on-site and on the City’s website on August 2, 2022.
APPLICABLE REGULATIONS:
Chapter 177, Florida Statutes
Chapter 197, Florida Statutes
Chapter 9, City Code
FINAL PLAT CRITERIA, PER SEC. 9-10 OF THE CITY CODE:
(a) The application is in compliance with the provisions of this chapter and applicable law.
Analysis: Staff believes the plat meets this criteria. The Final Plat is being requested in
furtherance of the previously-approved final engineering plans, which were reviewed for
consistency with the City Code, and the proposed final plat is substantially in conformance with
such plans. The City’s surveyor has additionally performed a review of the proposed plat and
found the plat to be in conformance with the requirements of Chapter 177, Florida Statutes.
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STAFF REPORT – FINAL PLAT ACCEPTANCE
CITY COMMISSION
THURSDAY, NOVEMBER 16, 2023 | REGULAR MEETING
(b) The application is consistent with the City’s comprehensive plan and applicable City master
plans.
Analysis: The proposed plat would allow the subdivision of the subject property consistent with
the City’s Comprehensive Plan. The intent of the Town Center future land use category is to
establish a vibrant “downtown” area in the heart of the City, based upon traditional
neighborhood development (TND) standards which include mixed use development built on a
pedestrian scale interconnected grid of streets and blocks. Typical uses that are encouraged
include shops, personal and business services, grocery stores, restaurants, cinemas, hotels,
offices, civic facilities, day care, and residential in various forms. Uses on site are in alignment
with the City’s comprehensive plan. The approved use of townhomes is permitted in the Town
Center T-4 Transect as a conditional use. The Future Land Use Map (FLUM) depicts this site as
Town Center and therefore the site is compliant with the FLUM.
(c) The application is compatible and in harmony with the surrounding neighborhood including with
respect to the size of existing surrounding lots and development trends in the neighborhood
which have been previously approved by the City Commission.
Analysis: The site is located in the T-4 Transect of the Town Center District – the area of second-
most intensive use in the city. The site is compatible with surrounding development in terms of
intensity of uses. Appropriate landscaping and screening are in place where there may be
conflicts with adjacent land uses, as required by the final engineering plans approved on May
23, 2022.
(d) The application does not create any lots, tracts of land, or developments that do not conform to
the City Code.
Analysis: Staff believes the plat meets this criteria. The lot dimensions in the proposed final plat
accommodate the building sizes previously approved by the City Commission in the final
engineering plans.
(e) The application does not create burdensome congestion on the streets and highways.
Analysis: The site does not create burdensome congestion on streets or highways, as adequate
internal circulation has been provided to reduce possible congestion on SR 434 and Tuskawilla
Road. A traffic analysis was performed to assess the impact of the proposed development in
conjunction with the approved final engineering plans, which concluded that the roadway
segments would continue to operate at adequate Levels of Service (LOS) when project trips are
added. The Winter Springs Marketplace was anticipated to generate a total daily traffic volume
of 921 net new daily trips, of which 64 would occur in the A.M. peak hour and 77 would occur in
P.M. peak hour trips at build out. No new deficiencies were identified as a result as a result of
project traffic impact.
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STAFF REPORT – FINAL PLAT ACCEPTANCE
CITY COMMISSION
THURSDAY, NOVEMBER 16, 2023 | REGULAR MEETING
(f) The application promotes the orderly layout and use of land.
Analysis: The site promotes the orderly layout and use of land. There is appropriate separation
between structures, landscaping to define sections of the larger site, and adequate internal
circulation.
(g) The application provides for adequate light and air.
Analysis: The spacing of buildings ensures that there is adequate light and air both within the
site and with respect to adjacent sites.
(h) The application does not create overcrowding of land.
Analysis: There is appropriate separation between buildings, as well as landscaping and ample
parking areas, which prevents overcrowding of land. The SR 434 streetscape buffer is provided,
with modifications as permitted by the waiver granted by the City Commission at its February
21, 2022 meeting.
(i) The application does not pose any significant harm to the adequate and economical provision of
water, sewer, and other public services.
Analysis: This site does not pose any significant harm to the adequate and economical provision
of water, sewer, and other public services. Adequate utility easements for public water lines are
provided as referenced on the plat. In addition, utility easements are provided and dedicated to
the public as referenced in the Declaration of Cross-Easements, as well as emergency inspection
and maintenance easements over the private stormwater facilities in the development. Utility
plans were approved in the final engineering plans on February 21, 2022.
(j) The application provides for proper ingress and egress through a public or approved private
street or perpetual cross access easements.
Analysis: There is appropriate and proper ingress and egress through access to Bear Springs
Drive and Tuskawilla Road. There is appropriate internal circulation through a series of internal
streets.
STAFF RECOMMENDATION:
Staff recommends that the City Commission approve the final Hickory Grove Townhomes Plat and
authorize the plat to be recorded, subject to satisfaction of the conditions of approval specified herein:
1. Filing of a subdivision maintenance bond in a form acceptable to the City Atorney
EXHIBIT:
• Final Plat
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