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Home My WebLink About2023 01 09 Public Hearing 402 - Fifth Third Bank Final Engineering • PUBLIC HEARINGS AGENDA ITEM 402 ,n m=ared CITY COMMISSION AGENDA I JANUARY 9, 2023 REGULAR MEETING 1959 TITLE Fifth Third Bank Final Engineering SUMMARY The Community Development Department requests that the City Commission hold a public hearing for consideration of the Conditional Use, Final Engineering Plans, Aesthetic Review, Waivers, Variance, and First Modification to the Development Agreement for Fifth Third Bank located within the Town Center (T5 Transect) which includes a financial institution (bank) as a conditional use. This site was originally considered as part of the Winter Springs Marketplace and was proposed to be a fast food restaurant, although a tenant was not identified. The proposed First Modification to the Development Agreement includes a condition that there will not be a single-tenant monument sign but rather a multi-tenant sign with one panel for Fifth Third Bank and one panel for whatever use is eventually developed on the vacant corner property. The same provision also prohibits the applicant from requesting any additional monument signs for this property and the corner property. RECOMMENDATION Staff recommends that the City Commission approve with conditions (attached here in) of the Conditional Use, Final Engineering Plans, Aesthetic Review, Four Waivers, and First Modification to the Development Agreement for Fifth Third Bank to the City Commission, with specific recommendations regarding conditions of approval contained in the attached staff report attached. 34 PUBLIC HEARINGS AGENDA ITEM CITY COMMISSION momo�«a Monday, January9, 2022 1 REGULAR MEETING TITLE Fifth Third Bank-Conditional Use, Aesthetic Plan Review, Waivers, Variance, Final Engineering Review, and First Modification to the Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Conditional Use, Aesthetic Plan Review, Waivers, Variance, Final Engineering Plans, and the First Modification to the Development Agreement in order for the applicant to construct a ±2,063 square foot (SF) financial institution (Fifth Third Bank) with a drive-through within the Town Center District. General Information Applicant Tuscawilla Property Investors, LLC Property Owner(s) Tuscawilla Property Investors, LLC Location E. State Road 434 Winter Springs, FL 32708 Tract Size ±0.74 Acres Parcel ID Number 36-20-30-SO2-0000-0080 Zoning Town Center District (T-C) I TS Transect I Urban Center Zone Designation FLUM Designation Town Center District Adjacent Land Use North: Town Center District South: Town Center District East: Town Center District West: Town Center District Principle building Front/principle Rear: 1S ft. Side: S ft. Frontage setbacks (from plane: 2S ft. (from rear min, 100 ft. buildout: 20% property line) min. - SO ft. max property max. (from min. (at front (from front line) side setback) property line) property line) Waiver previously Waiver granted on 2/22/21 previously to allow granted on minimum 1S% 2/22/21 for 67.73 frontage buildout ft. max Development Lot Width: 18 ft. Lot Depth: Lot 2 stories Standards min., 180 ft. max. 30 ft. min., Coverage: minimum 160 ft. max. 100% max. 35 3 stories maximum Development Final Engineering for a fast food restaurant conditionally Permits approved on 2/22/21; Waivers Development Development and Property Division Agreement for Winter Agreement Springs Marketplace, recorded in Official Records of Seminole County, Book 9887, Pages 718-751 Development Agreement First Modification] Pending (Final Engineering) Code Enforcement Not applicable City Liens Not applicable Background: On February 22, 2021, the City Commission approved with conditions the Aesthetic Plan Review (Partial),twelve (12) Waivers (including onlythree monumentsigns), Final Engineering Plans, Pemoval of Specimen Trees, and a Development and Property Division Agreement, which is now recorded in the Official Records of Seminole County, Book 9887, Pages 718-751, for the Winter Springs Marketplace development. AtthetimetheCityCommission considered the Marketplace Final Engineering Plans, the applicant, Tuscawilla Property Investors, included a final engineering plan for "Building C," which was supposed to be a Fast Food Restaurant with a drive through window, consisting of3,0S6 square feet. However, the applicant did not own fee title to the fast food restaurant site at that time. The City Commission conditionally approved the Final Engineering Plans for the fast food restaurant site, subject to the applicant's acquisition of fee title to the propertywithin oneyear of the Effective Date of the Development Agreement. The closing occurred in November 2021, and, accordingly, the City Commission's approval of the final engineering for the fast food restaurant site became final. Aesthetic plans for the fast food restaurant were never presented to the City Commission for approval. At this time, the applicant desires the City Commission to rescind the prior approval of the final engineering plans for the fast food restaurant site with "Building C" and to approve a conditional use for a financial institution (bank) and approve new final engineering plans, certain additional waivers, and aesthetic plans for a bank building and site instead of a fast food restaurant. A proposed First Modification to the Development and Property Division Agreement for Winter Springs Marketplace is further attached for the City Commission's review and approval. The proposed bank will be 2,063 square feet, which represents approximately a 1,000-foot reduction in building footprint from the fast food restaurant. The subject property is a 0.74-acre lot of record located on the south side of SP 434 just west of the intersection of SP 434 and Tuskawilla Pd. Staff notes that the City Commission approved the lot split for the fast food site through the Development Agreement. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 36 The applicant is proposing a financial institution (bank) with a drive-through within the Town Center District.The proposed use of a "financial institution/bank" requires a conditional use permit. The City Commission shall make a final decision on the application, to allow or deny the use within the Town Center District. Public Notices: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (S00) of the subject property and all Homeowner's Associations on file with the City Winter Springs (163 notices) on October 27, 2022. A Community Workshop was held on August 1S,2022.There were no objections raised at the Community Workshop regarding the proposed development. Analysis of Conditional Use (Sec. 20-33) & Final Engineering (Sec. 20-33.1) Criteria: The criteria for Conditional Uses and Final Engineering Plans are identical with one exception (Conditional Uses have one additional criteria). This section provides analysis of both the Conditional Use and Final Engineering criteria. Condition 13 listed below applies to the Conditional Use but not Final Engineering criteria. (a) Site and final engineering plans and the subdivision of land shall also be subject to the technical requirements set forth in Chapter 9 of the City Code. It is the intent of this section to apply to applications for site and final engineering plans and to any subdivision of land requiring a plat, if applicable, and does not include review and approval of a lot split application. Please see discussion below regarding technical requirements of Chapter 9. The Final Engineering Plans have been reviewed by the City's engineer, concluding thatthe Planssatisfythe technical requirements provided the conditions of approval set forth below are met. (b) Except in situations involving one (1) single-family home, the planning and zoning board shall be required to review all site and final engineering plan and subdivision of land applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) Except in situations involving one (1) single-family home, all site and final engineering plan and subdivision recommendations and final decisions shall be based on whether the site and final engineering plan and subdivision of land complies AGENDAPUBLIC HEARINGS ITEM I MONDAY, 37 with all the technical requirements set forth in chapter 9 of the City Code and the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the site and final engineering plan and subdivision of land, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the plan, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. Analysis: The project proposes a 2,065 SF Fifth Third Bank. The applicant has demonstrated the proposed use does not affect density, as the proposed use is a commercial building. The proposed building will include a faux second two-story, meet setback requirements as modified by the previous waiver granted to allow for a maximum 67.75 front setback from the property line, and include buffers and is consistent with adjacent uses. The proposed daily hours of operation are consistent with surrounding uses. The proposed hours of operation are as follows: Monday - Friday 9:00 a.m. to 5:00 p.m.; an ATM will be available 24 hours a day. The proposed use will not cause added noise, refuse, odor, particulates, smoke, fumes and other emissions, as the proposed use is a bank. The applicant has demonstrated that the parking and traffic-generating characteristics of the proposed use will not adversely impact the site and surrounding area. The Traffic Impact Analysis submitted was identical to that which was submitted for the Winter Springs Marketplace. An updated trip generation analysis was provided by the applicant, demonstrating that the conditional use of a financial institution will generate less traffic than a fast food resta u ra nt. The proposed development will be designed to implement the goals and policies of the Comprehensive Plan as they relate to the Town Center District, and to continue a harmonious land use pattern with existing development. The development is consistent with existing development and recently approved developments within the Town Center District. The proposed height, scale, and intensity of the proposed development is consistent with the nearby Chase Bank and similar surrounding uses previously approved within the Winter Springs Town Center. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site and final engineering plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 38 Analysis: The size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed development. The lot is 0.74 acres. The development provides two (2) full access internal driveways connecting to the greater Winter Springs Marketplace. On-site improvements include landscape screening for dumpster areas, bicycle parking, eleven (11) parking spaces, lighting, and internal pedestrian walkways utilizing alternative pavement. Screening for the dumpster area will be provided by two (2) live oak trees as well as sweet viburnum shrubs. As discussed further below, there is adequate off-street parking for the proposed bank. The drive through window will not be visible from SR 434 since the kiosk is in the rear of the building, which is consistent with City Code. Therefore, the waiver that was previously granted for a drive-through service window at the side of the building in lieu of the rear is no longer needed and staff recommends that it be rescinded. The SR 434 Streetscape, as required by Section 20-601 of the City Code, will be provided, as modified by the waiver previously granted for the Winter Springs Marketplace on February 22, 2021. Namely, a waiver was previously granted from Section 20-601 of the City Code to allow for a 13-foot onsite landscape buffer with canopy trees, a meandering 6-foot sidewalk, and interspersed understory trees between the back of the sidewalk and front of the sidewalk within the right-of-way. The streetscape buffer provides the 27-foot buffer as required bythe code.The Winter Springs Marketplace property has an existing right-turn lane along the majorityof the SR 434 boundary which removes 12 ft. of space the site is able to utilize for the streetscape buffer.Approximately 17 ft. is provided between the property line and the edge of pavement within the right turn lane. There is an existing water main, overhead electric, and underground electric and gas within this distance. Placing the canopy trees onsite ratherthan in the right-of-way will help prevent conflicts with the overhead utilities once the trees reach maturity. (3) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental fiscal impact, employment, and propertyvalues. Analysis: The development is not expected to have an adverse impact on the local economy, but to add to the local economy by means of generating tax revenue. Development of the subject property as a bank is anticipated to provide an increase to the City's taxable value, as well as provide a catalyst for future commercial development in the surrounding area. (4) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the natural environment, including air, water, and noise pollution,vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 39 Analysis: The subject site is currently vacant and is currently graded and ready to be developed.Asa result,the proposed development will not have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. The total gross area for the site is 0.74 acres and the proposed impervious area is 0.43 acres (58.1%). The maximum impervious allowable to connect into the master stormwater system is 80%,therefore the site is providing less than the allowable impervious cover. A noise study is not required. The City currently has a noise ordinance that restricts decibels ratings from 60-70 in commercial zones from 10:00 p.m. -7:00 a.m. per Sec. 13-35. Noise levels are not anticipated to exceed the allowable noise decibels for this retail use. Based on Flood Insurance Rate Map (FIRM) No. 12117CO160F Community No. 120293, City of Winter Springs, Seminole County, Florida, the proposed development site lies within a Zone X (Unshaded). Zone X (Unshaded) is for"areas determined to be outside the 0.2% annual chance floodplain. The City Commission previously considered that a protected wildlife species and habitat assessment was conducted over the entire property on October 9, 2018 by Thompson Environmental Consulting, LLC (Thompson). The survey consisted of both a search of documented literature and field investigation. No indication of bold eagle foraging or nests of juveniles were observed. The survey yielded no potentially- occupied gopher tortoise burrows, and no indication of gopher tortoise presence. (S) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. Analysis: It is not anticipated that the proposed development will have an adverse impact on any historic, scenic, or cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. Analysis: The proposed development will be designed in accordance with the Town Center District Code, which will include the following public services; water, sewer, stormwater and surface water management, police, fire (Seminole County Fire Department). Water and sewer are available on-site and there is sufficient capacity to accommodate the proposed development and stormwater served by a master stormwater pond. Further analysis below. The proposed development is consistent with established retail/commercial developments and will not have an adverse impact on existing public services. A bicycle rack, including four (4) bicycle spaceswill be placed on site, as well as sidewalks for adequate pedestrian circulation. PUBLIC HEARINGS AGENDA ITEM I MONDAY, JANUARY 9, 2022 1 PAGE 6 OF 22 40 (7) Whether the site and final engineering plan and subdivision of land, and related traffic report and plan provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood,traffic circulation pattern for the neighborhood, and traffic flowthrough immediate intersections and arterials. Analysis:The Traffic Impact Analysis submitted bythe applicant was the same as that submitted for the Winter Springs Marketplace. The applicant did submit trip generation numbers specific to a financial institution (bank) on the Fifth Third Bank site demonstrating a reduction of 1,222 daily trips, 11S AM peak trips, and S8 PM peak trips. (8) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Analysis:The proposed development is not anticipated to have an adverse impact on housing and social conditions, as the proposed use is a financial institution (bank). (9) Whether the proposed site and final engineering plan and subdivision of land avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. Analysis: It anticipated that the proposed development will not emit odors, noise, glares, or vibrations that will adversely impact adjacent properties. There is adequate parking, limited hours of operation, lighting, and refuse collection, and minimal deliveries within the proposed development that are in place which will assist in limiting any perceived adverse effects. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and final engineering plan and subdivision of land that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Analysis:Asecurity plan was provided showing that security systems will be installed. The lighting plan provided illustrates that the parking lot and building area will be lit LED site lighting. The photometric plan specifically states that all lighting will be installed so as to prevent off-site glare. The applicant has stated that the site lighting will be on a timer that will turn the lights on at sunset and turn them off at sunrise. (11) Whether the applicant has provided on the site and final engineering plan and subdivision of land an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 41 Analysis: Not applicable for the proposed use. Proposed building is less than 20,000 S F. (12) Whether the applicant has demonstrated that the site and final engineering plan and subdivision of land have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. Analysis:The proposed sitewill utilizethe previously stubbed out internal access road for this site's use as contemplated within the overall master design ofthe surrounding uses. The proposed site circulation will use internal access roads, therefore it will not heavily impact local traffic patterns. The Final Engineering Plans, in conjunction with the Development Agreement, prevent adverse impacts to adjacent and surrounding uses and properties. The proposed development will provide adequate screening and buffering. Sufficient parking has been proposed for this use based on typical jurisdictional requirements. (13) If the proposed conditional use is a residential use, whether the elementary, middle, and high schools (K-12) that will be initially assigned to the residential project by the school district at the time the city commission considers final approval of the conditional use have both sufficient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient (e.g. walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the school population that will be drawn from the project, and promote and support the integration of future residents of the project into the existing City of Winter Springs community in a sustainable manner. Analysis:This criteria is not applicable as the project is commercial in nature. (14) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The applicant has agreed to execute a binding Modification to the existing Development Agreement and it is attached hereto as an Exhibit. Notably, the draft First Modification to the Development Agreement provides for a six-month extension of time to install the required streetscape for the Fifth Third bank site and the undeveloped corner parcel. Water and Sewer: AGENDAPUBLIC HEARINGS ITEM I MONDAY, 42 Water service is available from the City's 12-inch water main located in the Winter Springs Marketplace. All sewer lines located within the Fifth Third Bank boundary shall be privately owned and maintained. The on-site potable water system up to and including the meters at each building have been dedicated to the City for ownership and maintenance, and public easements have been granted to the City. The onsite irrigation system shall be privately owned and maintained. The applicant previously granted an easement for the meter for the reuse connection. The Developer will be dedicating the water pipelines and meter within the easement to the City as part of the project close out process. The development will be provided reclaimed (reuse) water for irrigation purposes from a connection to the City's reclaim system within the East SP 434 POW and an additional connection to the reclaimed water line within the Winter Springs Marketplace. Water Concurrency: The Fifth Third Bank site shall be provided reclaimed water for irrigation. Fifth Third Bankshall connect to the existing reuse line in the Winter Springs Marketplace aswell as the reuse line in the median within SP 434 for irrigation of the subject property. The use of reclaimed water for irrigation purposes shall reduce projected potable water consumption for the project significantly. The remaining water service for the building shall be potable. Given the use of reclaimed water for irrigation, the projected potable water demand for the project is considered to be very low. During the review of the Chase Bank final engineering,the City reviewed the previous two years of water consumption records for the Trustco Bank property, located at 8S1 E. State Road 434, which is comparable in size to the Chase Bank and the proposed Fifth Third Bank. Trustco Bank consumed an average of 800 gallons of potable water per month in 2019 and 2020 for a yearly total of approximately 9,600 gallons per year. The previous Chase Bank applicant also provided water consumption records (June-August) from a similar-sized Chase Bank branch location. That Chase Bank branch location consumed an average of 987 gallons of potable water per month, for a yearly total of approximately 11,844 gallons per year. In comparison, an average single-family household is typically projected to consume 330 gallons of potable water daily and 127,730 gallons yearly. Given that the Fifth Third Bank is projected to utilize substantially less potable water than a typical single-family household,the projected impact upon the City's water utility is minimal. Stormwater• This project is located adjacent to the existing Winter Springs Marketplace development. The Fifth Third Bank site was initially proposed to be a fast food restaurant with a drive-through. This site was included when the Stormwater calculations were done for the overall Winter Springs Marketplace site. Stormwater on this site will be directed to two on-site exfiltration ponds before going into the master Stormwater system for the Winter Springs Marketplace. The master Stormwater management system for this site was permitted under SJPWMD Permit No. 93027-2, which allowed the construction of a ±38-acre mixed-use development and was designed to provide treatment and attenuation for ±30 acres of impervious area for the entire development. PUBLIC HEARINGS AGENDA ITEM I MONDAY, JANUARY 9, 2022 1 PAGE 9 OF 22 43 The Fifth Third Bank project consists of the construction of a ±2,063 SF commercial building and associated sidewalks, parking lot and utility infrastructure. The stormwater runoff will be conveyed to the master stormwater system which accounts for a maximum allowable impervious area of 80%. This lot is a total of 0.74 acres and proposes 0.43 acres of impervious area and 0.31 acres of pervious area. The proposed development will be designed in accordance with the Town Center District Code, which will include the following public financial institution services (i.e. banking, savings, loan, etc.); water, sewer, stormwater management and surface water drainage systems, police, and fire & rescue (Seminole County Fire Department). The proposed development is consistent with established retail developments and will not have an adverse impact on existing public services. Transportation: The proposed development will connect to existing internal circulation driving lanes for the Winter Springs Marketplace. An evaluation of traffic has indicated that there will be a minimal to no impact and the conceptual plan details safe and efficient means of ingress and egress for the proposed development. The applicant's proposal includes a Traffic Impact Analysis that indicates the operation at a satisfactory Level of Service. The anticipated trip generation for the Winter Springs Marketplace proposes 2,736 new net dailytrips,of which 36 will occur in the A.M. peak hour and 239 will occur in the P.M. peak hour. The applicant provided trip generation numbers specific to the financial institution (bank) use on the Fifth Third Bank site, demonstrating a large reduction in daily trips from the previously approved fast food resta u ra nt. Parking Analysis: Per Section 20-324 of the City's Land Development Code (LDC),there are no minimum parking requirements in the Town Center. The City required the applicant to provide a traffic study and a parking study which was prepared by the applicant based from the 101h Edition Institute of Transportation Engineers (ITE) Parking Generation Manual. For comparison purposes, Section 9-277 of the City's LDC defines off-street parking requirements for specific land uses. The following minimum parking ratios for the proposed land use is defined in the Code: • General Business: One (1) parking space for each three hundred (300) SF of floor space in the building exclusive of storage space. For a 2,036 square foot bank, this would square to seven (7) parking spaces. A total parking supply includes ten (10) parking spaces and one (1) handicapped parking spaces at a parking ratio of S.3S spaces per one-thousand SF to serve the proposed bank's parking demand is being provided. Adequate parking is proposed for this use based on typical jurisdictional requirements, the development provides a total of eleven (11) parking spaces. PUBLIC HEARINGS AGENDA ITEM I MONDAY, JANUARY 9, 2022 1 PAGE 10 OF 22 44 The applicant has provided preliminary designs to show traffic impact and site circulation.The applicant has provided a Traffic Impact Analysis that states a sufficient Level of Service is maintained.The proposed site will utilize the previously stubbed out internal access road for this site's use as contemplated within the overall master design of the surrounding uses. The proposed site circulation will use internal access roads, therefore it will not heavily impact local traffic patterns. Aesthetic Review: Pursuant to Section 9-603, which sets forth guidelines and minimum standards for Aesthetic Review packages, staff has utilized the below criteria in Section 9-603 to determine the following. The attached Aesthetic Review package includes all of the submittal requirements for aesthetic review as set forth in Section 9-600 through 9- 607 and include the following: (a) a site plan; (b) elevations illustration all sides of structures facing public streets or spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other constructed elements other than habitable space, if any; (e) illustrations of materials,texture, and colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural and engineering data as may be required. The procedures for review and approval are set forth in Section 9-603. ReviewAesthetic 1. The plans and specifications of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. Analysis: The exterior color palette is similar and in harmonywith the Winter Springs Marketplace and other nearby commercial properties along SP 434, which will safeguard the surrounding area and the cultural character of the community. The building's primary colors are similar to other buildings in the Winter Springs Marketplace and the accent features are also of a similar color to those in the Marketplace. Overall, the architectural intent of the Fifth Third Bank includes architecture that is complementary to the styles of architecture in the Town Center. The site was developed to encourage pedestrian use and the proposed development will provide an interconnected system of sidewalks with the larger system of pedestrian itinerary in mind. 2. The plans for the proposed project are in harmony with any future development which has been formally approved by the city within the surrounding area. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 45 Analysis: The proposed design is harmonious with the color scheme, materials, and character of the Winter Springs Marketplace and other developments in the Town Center District. The site layout is consistent with and utilizes existing interior access with the rest of Winter Springs Marketplace. 3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (S00) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Analysis: The overall aesthetic of the project provides similar elements to other buildings within the Winter Springs Marketplace without being overly similar. The building's colors are similar but not identical.The base of the building utilizes brick stamping, a feature found on several other buildings nearby, which will create a sense of unity without being too overt. The proposed design shares the appropriate scale and design intent of the Winter Springs Marketplace and Town Center. 4. The plans for the proposed project are in harmony with, or significantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. Analysis: The proposed project enhances the character and overall aesthetics of the surrounding area. Design features incorporated into the Fifth Third Bank project, such as the largely glass front fagade and muted color palette, make it similar but not identical to other buildings in the area. S. The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, wrought iron, columns and piers, porches, arches, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 46 Analysis: The proposed development is designed to contribute to the quality architectural styles that are typical with recently approved developments within the Town Center. Fifth Third Bank includes a faux second story, keeping in line with buildings in the adjacent Town Center District. The exterior provides series of straight lines which continues the existing rhythm across the fagade of the building. Significant design features include architectural brick, wood-look exterior wall panels, and warm-neutral paint colors similar to nearby uses. Waiver Requirement Section 20-34. -Waivers. • Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category). • The Planning and Zoning Board shall be required to review all waiver applications and make a written recommendation to the City Commission. Such recommendation shall include the reasons for the Board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. • Upon receipt of the Planning and Zoning Board's recommendation, the City Commission shall make a final decision on the application. If the City Commission determines that the Planning and Zoning Board has not made a recommendation on an application within a reasonable period of time,the City Commission may, at its discretion, consider an application without the Planning and Zoning Board's recommendation. • All waiver recommendations and final decisions shall complywith the following criteria: Waiver criteria set forth in Subsection are as follows: 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. 3. The proposed development plan will significantly enhance the real property. 4. The proposed development plan serves the public health, safety, and welfare. S. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 47 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. 8. Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. On February 22, 2021, the City Commission approved multiple waivers as a part of the Winter Springs Marketplace which included Building Site C. Building Site C was originally intended to have a fast food restaurant and is now the site of the proposed Fifth Third Bank. The following waivers were approved as a part of the Winter Springs Marketplace and are being used for the Fifth Third Bank project: • Awaiver from Sec. 20-325 of the Winter Springs City Code to allow a minimum 1S% frontage buildout at the front setback as required under the TS transect in lieu of the 20% minimum specified. • A waiver from Sec. 20-32S of the Winter Springs City Code to allow a maximum 67.73 ft. front setback in lieu of the SO ft. maximum setback specified. • A waiver from Sec. 20-605 of the Winter Springs City Code to allow a modified landscape buffer (13 ft.onsite landscape buffer with canopytrees, a meandering 6 ft. offsite sidewalk, and interspersed understory trees between back of sidewalk and front of sidewalk within the right-of-way in lieu of the S ft. landscape area adjacent to the right-of-way, 6 ft. sidewalk, and 16 ft. landscape and treescape area). On February 22, 2021, the City Commission also approved a waiver for a drive-through window located on the side of the fast food restaurant that was proposed for this site. Given that the proposed use is now a financial institution (bank) and there is no need for this drive-through window, staff recommends that the waiver be rescinded. The applicant requests that the City Commission consider the following four (4) additional waiver requests listed below: New Waiver Requests/Justif ications 1. The applicant requests a Waiver from Winter Springs City Code Sec. 20-327.1.(x) to allow monument-style ground signs on properties located along SR-434 within the Town Center, which includes this property. One (1) such sign is proposed. Please see the signage site plan for the location of the proposed sign. The City Commission previously declined to grant a waiver for a single-tenant monument sign for the Fast Food Restaurant site. Staff recommended denial since the applicant did not have a tenant in place for Building C (the Fast Food Restaurant) at the time. Staff stated that once the applicant was ready to move forward with the Aesthetic Review for Building C and a tenant was secured, the applicant could request a waiver for a fourth monument sign. Applicant Justification: The waiver allowing monument-style ground signs along SR-434 within the Town Center is required as a result of location.This property is at the intersection PUBLIC HEARINGS AGENDA ITEM I MONDAY, JANUARY 9, 2022 1 PAGE 14 OF 22 77 of two major roads: SR 434 and Tuskawilla, which are respectively six (6) lanes wide and five (S) lanes wide along the frontage of this property, and both have planted medians. Visibility from these wide, fast, car-oriented roads will be necessary to sustain the businesses in this development. Monument-style ground signs are the norm for this type of development, including at comparable properties just down the street, within the SR 434 overlay district. In the case ofthe gas station across the street on Tuskawilla,there is a precedent that is actually within the Town Center district. Given this, and the fact that the property in question is near the edge ofthe Town Center district,we believe that allowing these monument-style signs is both fair and will not harm the city's intent within the Town Center.The proposed signs include: one (1) single-tenant ground sign. City Code: City Code Sec. 20-327.1(a) I Signs-General Requirements Staff Response: Staff notes that monument signs for the Mobil gas station and the nearby McDonald's are non-conforming structures built before the Town Center Code was adopted and should not be used as a comparable monument sign. City Staff is not aware of any other single-tenant monument signs for which awaiver was granted following the adoption of the Town Center code. In fact, there are no monument signs located in Phase I of the Town Center, even for tenants located in the interior of the development. Further, all other monument signs for which waivers were granted for Winter Springs Marketplace (3 signs total, 2 on SR 434 and 1 on Tuskawilla Road) were for multi-tenant signs to reduce the aesthetic impact on SR 434. Staff is also concerned about the future impact of yet another monument sign that may be requested on the remaining corner parcel at the time that it is developed. Staff recommends approval of a monument style sign with the condition that it is a multi-tenant sign which reserves space for a future use to be determined on the currently undeveloped corner lot. 2. The applicant requests a Waiver from Winter Springs City Code Sec. 20-327.1.(x) to allow monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated. Applicant Justification Awaiver allowing monument-style ground signs and permanent menu boards to be internally illuminated in lieu of only individual letters and symbols being internally illuminated is requested.The prohibition on internally lit backgrounds for wall signs will remain intact. This waiver only allows backgrounds to be internally illuminated on monument signs. Internally illuminated backgrounds are the norm for commercial monument signs, and are already common along both SR434 and Tuskawilla, including on comparable properties just down the street within the SR 434 overlay district. In the case of the gas station across the street in Tuskawilla, there is a precedent that is actuallywithin the Town Center district.The use of internally illuminated backgrounds is appropriate to the scale PUBLIC HEARINGS AGENDA ITEM I MONDAY, JANUARY 9, 2022 1 PAGE 15 OF 22 49 and speed of these adjacent major roads, which is also the circumstance that justifies the presence of monument signs. If the city chooses to acknowledge such circumstances are present by granting the Sect ion20-327.1(a) waiver request to permit monument signs on this property, it is reasonable that the citywould also permitthe use of design and construction techniques common to monument signs. City Code: City Code Sec. 20-327.1.(x) I Signs-General Requirements Staff Response: Staff supports the requested waiver and supplied justification on the basis of continuitywith existing monument signage for the surrounding WinterSprings Marketplace. 3. The applicant requests a Waiver from Winter Springs City Code Sec. 20-327.1.(b) to allow the use of plastic finishes on internally-illuminated monument ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint. Applicant Justification A waiver allowing the use of plastic finishes on internally illuminated monument-style ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas, neon, and paint is requested. The Town Center code allows for individually cut letters to be internally illuminated, so in practice some allowance for the use of plastics is already made. Translucent plastic is a necessary component of internally illuminated signs; therefore, this waiver would be necessary for the practical exercise of the waivers allowing internal illumination of monument signs and permanent menu boards. City Code: City Code Sec. 20-327.1.(b) I Signs- Finish Materials Staff Response: Staff supports the requested waiver and supplied justification. The waiver requestwill provide for continuitywith existing monument style signage for the surrounding Winter Springs Marketplace. 4. The applicant requests a waiver from Winter Springs City Code Sec. 20-324(8)c to allow for parking to be within 2S feet of the front property line in lieu of the minimum of 3S feet required for liner buildings within the Town Center District. Applicant Justification As designed, the site works around the unique geometry of the lot in order to maximize the amount stormwater treatment and parking provided. The proposed configuration is limited due to the tree save area at the northwest property boundary. Without the tree save area, the parking lot design would have more flexibility in meeting Section 20-324(8)c of code. The developer has included measures to limit the number of parking spaces needed along this frontage and how far these spaces extend towards the 434right-of-way.22-ft drive aisles were used to pull the parking away from the right-of-way. AGENDAPUBLIC HEARINGS ITEM I MONDAY, 50 Underground exfiItration systems are incorporated to shrink the required pond area and provide the option of parking spaces along the northwest property limits. With the size of the lot and the space which the tree save area takes up, a waiver oflS-ft in lieu ofthe3S-ft requirement is requested. City Code: City Code Sec. 20-234(8)c I Off-Street Surface Parking Lot Placement Staff Response: Staff supports the requested waiver and supplied justification. Protection of a specimen tree is always in the City's interest. Additionally, reducing parking spaces fronting SR 434 meets the intent of the Town Center District. Further discussion ofstaff'sopinion of this particular waiver requestcan befound below. Waiver Analysis• In evaluation of the four (4) proposed waiver request, the applicant has satisfied the eight (8) specific criteria and staff supports the four (4) waiver requests with a condition regarding the monument sign to be a multi-tenant sign. The site was initially proposed to be part of an overall master development (Winter Springs Marketplace) that has previously been approved by the City which is in substantial compliance with Chapter 20 of the City's Code of Ordinance, Comprehensive Plan, and Land Development Code. Three of the four proposed waivers requested are to provide internally-illuminated plastic-finished monument signage consistent with the previously approved Winter Springs Marketplace. The proposed use is consistent with the intent of the Town Center Code and is therefore compatible and harmonious with its surroundings. Staff wants to reiterate that no single-tenant monument sign was approved as a part of the Winter Springs Marketplace. The fourth waiver requested is to allow parking within 2S feet of the front property line in lieu of the minimum 3S feet required for liner buildings in the Town Center District. Staff recognizes that given the infeasibility of redesigning the entire site layout, aswell as surrounding context (see Chipotle and dental office with parking in front of the buildings adjacent to this site),that approval of this waiver is necessaryfor consistency of the project as a whole. With those things in mind, staff recommends approval of the fourth requested waiver. Variance Requirement Sec. 9-5. (a) The city commission may grant a variance from the terms of this chapter when such variance will not be contrary to the public interest, and where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardships. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of this chapter. (b) A written application for such variance must be submitted demonstrating that special conditions exist which are peculiar to the lands, structures or required PUBLIC HEARINGS AGENDA ITEM I MONDAY, JANUARY 9, 2022 1 PAGE 17 OF 22 51 subdivision improvements involved and which are not applicable to other lands, structures or required subdivision improvements. Application shall be accompanied by the fee for a variance as specified in the fee schedule currently in effect. (c) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the city commission. Notice of such public hearing shall be published fifteen (1S) days prior to the hearing in a newspaper of general circulation in the county. Such notice shall also be posted fifteen (1S) days prior to the hearing in three (3) separate places in the city, and be mailed to all persons who are record owners of propertywithin one hundred fifty(1S0) feet of the subject property. (d) The city commission shall make findings that the requirements of each portion of this section have been met. The city commission shall further make a finding that the reasons set forth in the application justify granting of the variance and that the variance is the minimum variance that would make possible the reasonable use of the lands, buildings or other improvements. (e) The city commission shall make a further finding that the granting of the variance would be in harmonywith the general purpose and intent of this chapter and will not be injurious to the surrounding territoryor otherwise detrimental tothe public welfare. (f) In granting any variance, the city commission may prescribe appropriate conditions and safeguards, to such variance, and when made a part of the terms which the variance is granted a violation of any term or condition shall be deemed a violation of this chapter and shall be punishable as such. Description/SpecialVariance 1. Applicant's Request:The applicant requests a variance from Winter Springs City Code Sec. 9-241(e) Stormwater Management to allow flow quantities off- site which exceed that prior to development. Section 9-241(e) requires that the Stormwater runoff volume and rate from the "design storm", for the post development condition, shall not exceed that for the pre-development condition. The applicant is requesting to allow only the Stormwater runoff rate to be equivalent or less than the pre-development condition. The Stormwater volume shall exceed the pre-development volume. Applicant's Justification: Fifth Third Bank's Stormwater will connect into the existing master Stormwater system for the Winter Springs Marketplace. City Code/Staff Analysis: Sec. 9-241(e) Stormwater Management - Flow quantities off-site are not to exceed that prior to development. The Stormwater runoff volume and rate AGENDAPUBLIC HEARINGS ITEM I MONDAY, 52 from the "design storm", for the post development condition, shall not exceed that for the pre-development condition. Staff supports this variance based on the following analysis. (a) The requested variance pertains to the applicant requesting a variance from the City's current City Code Section 9-241(e) which requires that the proposed stormwater management systems provide sufficient detention volume such that the post-development rate and volume is less than or equal to pre-development conditions. The applicant has demonstrated that they meet the rate criteria but are asking for the variance request pertaining to the volume criteria. Since the proposed project is in the Lake Jesup watershed,which has a positive outfall to the St. Johns River, the City's rate criteria are appropriate. However, since Lake Jessup is not considered land- locked (i.e., no outlet or discharge), the City's volume requirement is not necessary to protect the health, safety and welfare of the City's residents for the following reason. The proposed development will discharge to an existing drainage conveyance system within Winter Springs Marketplace that discharges into Lake Jesup. It is critical that the rate criteria is addressed to avoid any impacts to the City's conveyance system. However, if the rate criteria are met, exceeding the volume criteria will have no impact on the City's existing drainage conveyance system as the additional volume will flow through the St. John's River and out to the ocean. (b) The applicant has applied for a variance associated with the City Code Section 9-241(e). Since the project is not located in a land-locked / closed drainage basin, requiring the volume criteria is not necessary to protect the public interest. In addition, industry standards for cities and counties that have projects located in open drainage basins such as Lake Jessup, only require water quality treatment and rate criteria, both of which have been met for the proposed development. (c) Staff supports the variance request since the proposed stormwater management system satisfies the City's rate criteria, does not impact existing downstream City infrastructure, will not impact adjacent developments, and is a reasonable and appropriate use of the current property. (d) Staff finds the variance request meets the general purpose of the City's Stormwater Management Criteria and that granting the variance will not result in any detrimental impacts to the public welfare. Reports: AGENDAPUBLIC HEARINGS ITEM I MONDAY, 53 The Final Engineering submittal is required to include the following reports or updates of previously prepared reports for the same property. - - • • September 24, 2020 Potable Water Report Kimley Horn N0 vember3, 2020 Drainage Report I Kimley Horn May S, 2022 Parking Study I Kimley Horn November 7, 2022 Trip Generation Memorandum I Kimley Horn December 1, 2022 Revised Drainage Report I Kimley Horn Procedural History: May S, 2022 Conditional Use Application CU2022-0023 Site Plan Review Application SP2022-0026 Aesthetics Review Application I AE2022-0046 Waiver Application I WA2022-0043 August 1S, 2022 Community Workshop November 17, 2022 Planning &Zoning Board/Local Planning Agency Recommendation on Conditional Use, Aesthetics, Waivers, Variance, Final Engineering, and First Modification to the Development Agreement January 9, 2022 City Commission I Consideration of Conditional Use, Aesthetics, Waivers, Final Engineering, and First Modification to the Development Agreement Applicable Law, Public Policy. and Events: Florida Statutes 163.2311-163.3246: Growth Policy: County and Municipal Planning: Land Development Regulation (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Home Rule Powers City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Ch20, Sec. 20-1. Definitions. Ch20, Sec. 20-33. Conditional Uses. Section 20-34 Waivers Ch20, Sec. 20-601. -Streetscape Requirements. Division S. Sounds Levels by Receiving Land Use Division 12. -Town Center District Code Sec. 20-325. -Transect standards. AGENDAPUBLIC HEARINGS ITEM I MONDAY, • • OF 54 City of Winter Springs Comprehensive Plan. Future Land Use Element, Polic_y1.1.6 Fiscal Impact: Development of the subject property as a bank is anticipated to provide an increase to the City's taxable value, as well as serve as a catalyst for future commercial development in the surrounding area. The fiscal impact as it relates to future tax revenue was previously considered during the time of review and approval of the conditional use for Winter Springs Marketplace. Modification to the Development Agreement: Pursuant to Section 20-29 of the City Code, all development projects requiring a community workshop pursuant to Section 20-29.1 shall be required to be memorialized in a binding Development Agreement executed by the City and the property owner. Community workshops are required for all new commercial development, under Section 20-29.1. A Community Workshop was held on Monday, August 1S, 2022. The draft First Modification to the Development Agreement is enclosed as an Exhibit hereto. Staff Recommendation: Staff recommends that the City Commission approve the Conditional Use to allow a financial institution (bank) in the Town Center District, subject to the following conditions: 1. Conditional use approval is conditioned upon the execution of the First Modification to the Development Agreement and the terms and conditions contained therein. Staff recommends that the City Commission approve the four (4) additional waiver requests, related to monument signage and to allow for parking to be within 2S feet of the front property line in lieu of the minimum of 3S feet required for liner buildings within the Town Center District, subject to the following conditions: 1. Waiver approval is conditioned upon the execution of the First Modification to the Development Agreement and the terms and conditions contained therein. 2. The waiver from Winter Springs City Code, Sec. 20-327.1(x), to allow an additional monument-style ground sign on the Trust Property shall be a multi- tenant ground sign that will serve the tenants of both the Resulting Trust Property Parcel #1 and #2. No further monument signs will be permitted on the Trust Property's SP 434 frontage. The Developer shall be required to provide a satisfactory signage easement at the time of the monument sign's installation. Staff recommends that the City Commission approve a variance for Sec. 9-241(e) to require the stormwater management system to factor in post-development rate rather than post-development rate and volume. PUBLIC HEARINGS AGENDA ITEM I MONDAY, JANUARY 9, 2022 1 PAGE 21 OF 22 55 Staff recommends that the City Commission approve the Final Engineering Plans in order for the applicant to construct a ±2,065 square foot (SF) financial institution (Fifth Third Bank) with a drive-through within the Town Center Districtwith four (4) waivers, subject to the following conditions, and to rescind the previously approved final engineering for Building Site C, the Fast Food Restaurant, for Winter Springs Marketplace, as approved on February 22, 2021, and to rescind the waiver granted to allow for a side drive-through window on Building Site C: 1. Final Engineering approval is conditioned upon the execution of the First Modification to the Development Agreement and the terms and conditions contained therein. Staff recommends that the City Commission approve the Aesthetic Plan Review and First Modification to the Development Agreement. Attachments: Final Engineering Plans First Modification to the Development Agreement Vicinity and Aerial Map Site Plan Peview Application Aesthetic Review Application Waiver Application Variance Application Trip Generation Memorandum Drainage Report Revised Drainage Report Reports AGENDAPUBLIC HEARINGS ITEM MONDAY, 56 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 FOR RECORDING DEPARTMENT USE ONLY FIRST MODIFICATION TO DEVELOPMENT AND PROPERTY DIVISION AGREEMENT Winter Springs Marketplace/Tuscawilla Property Investors THIS FIRST MODIFICATION TO DEVELOPMENT AND PROPERTY DIVISION AGREEMENT ("First 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 TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida Limited Liability Company, whose address is 630 S Maitland Avenue, Suite 100, Maitland, Florida 32751 ("Developer"). WITNESSETH: WHEREAS, Developer and the City have entered into and executed that certain Development and Property Division Agreement for Winter Springs Marketplace, dated March 8, 2021, and recorded in the Official Records of Seminole County at Book 9887,Pages 718-751 (the "Development Agreement"); and WHEREAS, the Development Agreement governs the development of both the Property and Trust Property, as legally described and defined therein, the Trust Property having been conveyed to the Developer subsequent to the execution and recordation of the Development Agreement, the Trust Property being more particularly described in Exhibit "D" of the Development Agreement and attached hereto for convenience; and WHEREAS, specifically, Section 3.0 of the Development Agreement provided that the Developer would complete the closing on the Trust Property no later than one year after the Effective Date of the Development Agreement and that the City's approval of the Final FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 1 of 16 57 Engineering Plans/Site Plan and Waivers as applicable to the Trust Property would be conditioned upon the Developer's acquisition of fee title; and WHEREAS, the Developer timely completed the acquisition on November 15, 2021, as evidenced by that certain Special Warranty Deed, recorded in the Official Records of Seminole County, Book 10106, Page 1990; and WHEREAS,upon the completion of the closing and acquisition of the Trust Property,the Development Agreement provided that the Trust Property would be further divided into two (2) resulting Trust Property parcels, as legally described in Exhibit "E" of the Development Agreement; and WHEREAS, the Developer now desires to modify the Final Engineering/Site Plan as to the Resulting Trust Property Parcel#1,particularly consisting of 0.74 acres, more or less, located southwest of the intersection of SR 434 and Tuskawilla Road,in Winter Springs, Seminole County, Florida, zoned Town Center (T5 Transect), more particularly described in Exhibit "E" of the Development Agreement ("Resulting Trust Property Parcel #1") and attached hereto for convenience; and WHEREAS, the Developer originally intended to construct a fast food restaurant, including the fast food restaurant building and supporting parking, drive aisles and utilities, shown on "Lot 3" of the "Overall Site Plan", Sheet C4.0 of the Final Engineering Plans ("Fast Food Restaurant Improvements"), attached to the Development Agreement as Exhibit "C", on the Resulting Trust Property Parcel 91; and WHEREAS, Developer has now applied for a conditional use of a "financial institution" and submitted revised Final Engineering Plans, additional Waivers, a variance, and Aesthetic Plan Approval in order to construct a bank on the Resulting Trust Property Parcel 91; and WHEREAS,pursuant to Chapter 20 Zoning, Article II,Division 1, Section 20-29.1 of the Winter Springs City Code ("City Code"), a community workshop for the Project was held on August 15, 2022; and WHEREAS, Section 20-29(c) of the City Code requires that all site plans and waivers shall be binding on the use of the subject property and, further, that as a condition of approval by the City Commission, all development projects requiring a community workshop pursuant to Section 20-29.1 of the City Code shall be required to be memorialized in a binding development agreement; and WHEREAS, this First Modification shall be recorded against the Trust Property so that the terms and conditions of approval related to the Trust Property shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 2 of 16 58 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority, This First Modification is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Trust Property. The subject of this First Modification is the Trust Property, legally described in EXHIBIT"D",attached hereto and fully incorporated herein by this reference for convenience. 4.0 Fast Food Restaurant Improvements Rescinded. Approval of the final engineering plans/site plan and one (1) waiver for a drive-through window located on the side of the building as granted by the City Commission at its regular meeting of February 22, 2021 for the fast food restaurant,including the fast food restaurant building and supporting parking,drive aisles and utilities, shown on "Lot 3" of the "Overall Site Plan", Sheet C4.0 of the Final Engineering Plans("Fast Food Restaurant Improvements")is hereby rescinded and replaced as provided herein. The final engineering plans/site plan and the drive-through window waiver applicable to the Fast Food Restaurant Improvements shall no longer bind, or benefit and burden, the Resulting Trust Property Parcel 91. 5.0 Proiect Description and Requirements; Phasing. Developer has constructed Phase I of the five-building shopping center on the Property, as well as supporting infrastructure, stormwater pond, parking lots, and landscaping. Phase 11 of the Project shall no longer consist of the Fast Food Restaurant Improvements on the Resulting Trust Property Parcel #1. Rather, Phase 11 shall consist of a bank with associated parking and stormwater improvements and rear drive- through on Resulting Trust Property Parcel 91 and an additional parcel of property for future development on the remainder of the Trust Property (Resulting Trust Property Parcel 42). The "Overall Site Plan", Sheet C4.0 of the Final Engineering Plans, attached to the Development Agreement as EXHIBIT "C" for convenience and incorporated therein by reference, shall be modified with respect to the Resulting Trust Property Parcel #1 and replaced with the Final Engineering/Site Plans as described in this Paragraph. (Hereinafter, all project description and requirements and references to the"Project" shall be modified to include the bank and associated improvements). The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, Variance, and Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File Nos: CU2022-0025 FIFTH THIRD BANK CONDITIONAL USE SP2022-0026 FIFTH THIRD BANK SITE PLAN REVIEW WA2022-0045 FIFTH THIRD BANK WAIVERS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 3 of 16 59 AR2022-0046 FIFTH THIRD BANK AESTHETIC REVIEW VAR2022-0053 FIFTH THIRD BANK VARIANCE The Final Engineering/Site Plan for the bank on Resulting Trust Property Parcel 91 is attached hereto as EXHIBIT "F" for convenience and incorporated herein by this reference. 5.1 Conditions of Approval. Specific conditions of approval for the above-referenced Final Engineering Plans, Aesthetic Plans and Waivers, include the following, which are also addressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans, and Waivers: A. The waiver from Winter Springs City Code, Sec. 20-327.1(a), to allow an additional monument-style ground sign on the Trust Property shall be a multi-tenant ground sign that will serve the tenants of both the Resulting Trust Property Parcel 91 and#2. No further monument signs will be permitted on the Trust Property's SR 434 frontage. The Developer shall be required to provide a satisfactory signage easement at the time of the monument sign's installation. 6.0 Termination of Approval as to Resulting Trust Property #1. In the event the Developer(or the ground tenant of Resulting Trust Property Parcel#1)fails to obtain the building permit and substantially commence vertical construction of the building, which shall at minimum include building foundations, on the Resulting Trust Property Parcel 91 within two(2)years of the Effective Date of this First Modification,then the City shall have the right to terminate and/or void the approvals set forth in Section 5.0 as applies to the Resulting Trust Property 91 and require the Developer to reapply to the City for such approvals as applies to the Resulting Trust Property Parcel #1. The Developer may apply to the City Commission for an extension of this deadline, which may be granted upon good cause shown. 7.0 Deadline to Install Streetscape. The second sentence of Section 4.1(B) of the Development Agreement is hereby deleted in its entirety and replaced with the following: The Trust Property streetscape shall be installed within six (6) months of the Effective Date of this First Modification. The Developer shall submit a Landscape Performance and Maintenance Bond in a form acceptable to the City Attorney ensuring planting and installation of all required trees and landscaping for the Trust Property streetscape should the Developer fail to install the streetscape within the six-month deadline and proper maintenance of the trees for two (2) years after planting. 8.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this First Modification and has taken all necessary action to authorize the execution, delivery and performance of this First Modification. The Developer further agrees and makes the following representations and warranties to the City: FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 4 of 16 60 A. The Developer is lawfully seized of the Trust Property in fee simple and has full and lawful authority to execute this First Modification and bind the Trust Property as set forth herein. This First Modification will, when duly executed and delivered by the City and Developer, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon recording of this First Modification in the Public Records of Seminole County, Florida, the First Modification shall be a binding obligation upon the Trust Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this First Modification for purposes of binding himself and the Trust Property to the terms and conditions set forth in this First Modification. 9.0 Successors and Assigns. This First Modification shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this First Modification similarly shall be binding upon the Trust Property, and shall run with title to the same upon being duly recorded against the Trust Property by the City. 10.0 Effective Date. This First Modification shall become effective upon approval by the City Commission and execution of this First Modification by both parties hereto. 11.0 Recordation. Upon full execution by the Parties, this First Modification shall be recorded upon the Trust Property in the Public Records of Seminole County, Florida by the City and shall be binding upon the Trust Property and all future owners thereof. 12.0. Notice. Section 26 of the Development Agreement is amended to provide that notices for the Developer's attorney shall be delivered to Nicole Latham Carolan, Esq. Equinox Development Properties, Inc. 630 S. Maitland Avenue, Suite 100 Maitland, FL 32751 Either party may freely modify their respective contact person and address contained in this Paragraph by providing written notice of the modification to the other party. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; and if mailed, on the third business day after mailing. 13.0 Effect of Modification. All other terms and conditions of the Development Agreement, not in conflict with this First Modification, shall remain in full force and effect. FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 5 of 16 61 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 Date: ATTEST: By: Christian Gowan, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of O physical presence or( ) online notarization, this day of ,2023,by Kevin McCann, Mayor of the City of Winter Springs, Florida, a Florida municipal corporation, on behalf of the corporation, who is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 6 of 16 62 Signed, sealed and delivered in the TUSCAWILLA PROPERTY INVESTORS, presence of the following witnesses: LLC By: Ryan Stahl Signature of Witness Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of O physical presence or ( ) online notarization, this day of , 2023, by Ryan Stahl, the Manager of Tuscawilla Property Investors, LLC, a limited liability company, on behalf of the company,who is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE,AND DELIVER TO THE CITY,THIS AGREEMENT WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT APPROVALS REFERENCED HEREUNDER,SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 7 of 16 63 EXHIBIT D TRUST PROPERTY LEGAL DESCRIPTION 'SKETCH OF UESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 2-3 C ESCRIPTlON: That pert of Lgt6 8 through 9, JOE E. J.OHNSTOW9 SLR�+EY, recorded it lead 1800k 147, Page 271, Public kccards of Seminole County, Florid❑, and also being that port of Lot d Hlock A, and .hat part of the unplat-cd part of Block B of D. R. Mitchell's. Survuy of the Lzvy Gr❑r•t, according to the plat -:1as c reordert in Plat Book 1, Page 5, Public_ Records ';f Seminnle Ca,an-y, Floriln, and clan thof part of the vacated Street as set forth in Resalutior rcccrded in Official Hccords Book 2Fs/2. 'agc .5�6 rrore particularly described as follows: Commence at the Northeast corner of -esup's Reserve Townhornes Replat, according to the plat theren-4 as recorded In Plat Boc,, 71, Pages 86 through 93. I ubllc Records of Seminole County, Florida; thence run 839'45'037E along the Southwesterly righ- of way lire o- State Road No. 434 per Official Records Book 2803, Page 1023, and Official Records Book 2d S1, Page `.C24, Public Records of Seminole County, Florida, a distonce of 291.90 feet for a Point of Beglrnfny dr:d a polrst on u nor-tangent curve concave to the Southeast, having a radius: of 33,00 feet; thence from a radial bearing of 50.7'02'37"E run Southwesterly along the are of said curve through a central angle of 33`15'17', an are distance of 19.15 feet, having a chord hearing Of 5515'19'49`W and a chard distance of le-59 feet tp g point of compound curvatJre 9f 4 Curve cQnc4Ve to the Southeast, having a rudws ❑f 198.08 feat; thence run Southwesterly along the arc of said curve through o control angle of 1215"W'. an arc distance of 42.37 feet, having a chord bearrng of S43'34"32'"W and a chord distance of 42-79 'eet to a point of reverse curvature of a curve concave to the Northwest, having a radius of 225-QQ feet; thence rur Southwesterly along the grc of wid 4;urv4p through a certrgl angle of 12'2e'Q*-. qn ore distance of 49.16 'eet, having a chord bearing of 543'40'55'W ❑rd a chord distance of 49.08 feet; thente rur• 549'54'57"N. a dis_arce of 70.78 feet to the beginning of d curve c:oncevd to -hc Southeast, having a radi.is o' 45.CO 'eet, :hence run Southwesterly along the are of sold curve throuoh a central angle of .3$757`2", on clan dratance of 3C.99 fee-, having a chord hearing of $31'7F1'S1"'s4 rand a nh:'rd dis-rlfce n• 30.36 feet; thence run 508751'00"W. o distance of 8-99 feet; thence run 540'0'9'52"E, a dis-❑rce of 52-67 feet to the baglr i it g of a curve cor,;:dvu to the Southa.ast, having a r'ddlua of 130.00 fuct; thrriac run Southeasterly along he arc of said curve through o central angle of 42'10"C4", an arc distance of 95.68 feet, having a chard beirirg of S19'04'50"E and ra chord di=-:Ir::r of 03.5.3 `eet to u point of reverse curvature o` a curve concave to the N:r.Fe❑st, having o radius c- fees thence run SaJ.Fc❑sterly along the arc of said curve through ❑ ccrtr❑l ❑rgle of 42'tlw'1b", on 'ii iir> n - 11_[i2 teat, having ❑ chord bcoring o= 519'02'26"E and a chord dlz.dnoe of 1x-.77 fart; I.II I• "E, a distance of 178.10C fart to the beginning of a curve concavp t the Ngrthpos ha•ing a r.1.ills. 2..:11: feet; thence run Se a-hensterly slang the arc of said curve through a Central ❑rgle of 3.5'56'47", ❑r ore distance of 17.55 fee-., having a chord be❑ring of 556`J.5'2f"E and ❑ chord distance c- 12.54 'ect; thence run 576'01'50-E, o distance of 60..93 fee: to the beginning of a curve concave to the Noah, ha.inr, a radi as of 21.33 fee-,; thence run Easterly along the are of acrid r_yrtip through a central engle of 3e'50'10", nn ore distnr•ce of 13.f19 fee-, having a chord bearing of N8R'33'09"E and a chord distance of 12-}4 feet co a point o{ cominc.ind curvature of a curve concave to tho N❑rthwast, having a radius of 2.00 feet; thence run Northeasterly along the arc o' said curve through a centfal angle of 5 -I` 28", an are distance of 2.09 feet, having a chord bearing of N43`13'15"E and a chord distance of 1.99 f,--,- -Force run N13'18'287E along the West right of way line of TJSKAV4LLA Road per Oficial Records Book P.: I:nor. 27, Public Records of Seminole County, Florida, ❑ dis=arce of 223-26 fee-; thence contin.is IN ' ,. Ac-ng said West right of way line, a distance of 44-.84 feet; thence ran N39'4b'G3"W along said South%.ustcrly right of way line of State Road No. 434. a distance a' 2bJ.96 feet to the Point o' 3pginning; Cortolns 84,951 square feet or 1.950 acres, more or less. SHANNON SURVEYING, INC. Digital ly signed by 499 NORTH S,R, 434 - SUITE 20145 James R James R Shannon ALTAMONTE SPRINGS, FLORIDA. 327'4 {447} 774-8372 LB S 6F398 Date:2020.1 11.04 Shannon ?3_�5,�-05'DO' DATE of SURVEY, ORAMh @Y. � ;rGA1.E� 1" 129' JA.r.1E' R. SIH NNuN JR., P.L.S. #4671 PSI-P064LKS-SKETCH-PH1 Ncr:SLIT MTHv..T THE'+,,AWRE+v.6 T1E°,.EFL OF h FLORIDA Crier!S,A,ET"< sun ,rrr uEa SHEET 1 OF 3 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 8 of 16 64 SKETCH OF DESCRIPTION PROJECT. SR 434 AND TUSKAVVILLA THIS IS NOT A BOUNDARY ''::. �O/EY NOT VALID WITHOUT SHEETCf - -' LNE TA-31-E LINE BEARINw LE'-1-.-TH Ll S49'54'57"W ": +'3' L2 5CB't-1'00"W igg' L' S40'0q'52-E 62.67' L4 S4c'o,,3V5"E 118-DW 1 '5 576'01'50"E 150.93' Ri 1411-31:520"W 44.a5' I L7 51 3'l W2�'W 131.5}' GJRVE TALE CURVE RADIUS U EI-Tt, LENGTH RAL' _!EA-?ANG CH. BEARING C H 0IR D C1 33-C,0' 33'1517" 19.15' S�-',-:t'I'--"E S66'19'49'W 10.89' C2 '98.1]8' 17'15'1®" 4.2-37' ',4:' 54-3'34"32-W 42.2,9' C3 226.3C' -22'4'0}4" 4918' N52'-J,%':: "-V S*3'40'55"4W f19.08' G4 48-00" Rj'�2"2" JO.Hg' S4OTb':,-5"E 531'2W51'4H JO.J15' C5 130.00' 42'1,,"'04" 95,68' 549750'05"Vi S'1'N'50"E 93.53' C6 15.00' 42- 5''5" 11-02' S8759'4B"E S-TC-226"E 10.77' C7 20-00' -55.56'4-7- 12,55' N49-54'57-E X58'03 77-E 12.-54, CS 24.33' 0:" 13.09' N 1,3*58'1 O"E N88L33'05'E 12.94' C9 2.10D' t•9'49'28" 2-09' N I 6'52'01"W N 4-5'1 Sl b'E 1.99` SURVEYORS NOTES 1. 13&arlrigs based on the Southwest rlghl of way line of State, Rood No. 434 as being S39*45'03'EL 2. 1 hereby certify the -,I-e above described pr.-per Is true-and correc-, to the best of my knowledge and -der c- -lents the Standards of Practice for Land zg belief as recently drown under m dire d that it r M,ny Sjrve�img set for In Florida Ad trazive Code Rule 5J-17.05 requirernen-zs. Not valid without the signature and seul of a Fl.-rlda Licensed Surveyor and vapper DATE CF SJRVEY-. '(013/2020 SHANNON SURVEYING, INC. 11RA-va, By.. 5CALE: 499 NOR-H S.R. 434 — SUITE 2045 ALTANONTE SPRINGS, FLORIDA, 32714 (40P. 174-8372 Ln # 6998 �;HEET 2 OF 3 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 9 of 16 65 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NC;T A BOUNDARY SURVEY NOT VALIC "WITHOUT SHEETS 1— POINT OF COMM EM-'EME14T NUI{IFEA,7{;{7 NEH GF .ESJP'S SERVE T AH-1WE". HE'LAT Si a PLP.T EON 71, Pa.CE 9E U. w II e ` I f ' 10 rV G /. , C7 ;a ro — SOUTH umc OU157 g f � NCRtH R/W Uh-'P11511111JUNOW WAY F — —F f +r Nu S Pray -X82.27' DATE CF SJRVEY. 'C/28/2020 SHANNON SURVEYING, INC, DRAw'h By; a'' 5CAL.E; 1' = 120' 499 NC-R-1- S.R. 434 — SUITE 2045 FSIaLj-wET H-pr12 ALTANONTE SPRINGS, FLORIDA. 32714 (401) 794-8572 Le # 5998 SHEET ! OF 3 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 10 of 16 66 EXHIBIT E RESULTING TRUST PROPERTY PARCEL #1 SKETCH OF DESCRIPTION PROJECT. SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY N07 VALID WITHOUT SHEETS 2-3 DESCRIPTION; That part of Lot 8 and Lot 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page 221, Public Records of Seminole County, Florida, and also being -hot part of the unplatted part of Block B of 0 R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded ii Plat Book 'age 5, Public Records of Semirole County, Florida, more particularly described as follo.i Commencing at the Northeast corner of Jes+up's Reserve T4wnhomes Replot, according to the plat thereof as recorded in Plat Book 71. Pages 86 through 93, Public Records of Seminole County, Florido; thence run S39'45'03"E along the Southveesterly right of way line of State Read No. 434 per Official Records Book 266,", Page 11123, and Official Records Book 2831, Page 1024, Public Records of Seminole Cauny, Florida, a distance of 291.910 feet for the Point of Beginning; thence continue S39'4'-llG3"E along ,he Southwesterly right of away Ilne of Stale Road No. 434 per sold Of'ivicil Records Book 2831, Page 1024., Public Records of Serrinole County, Florida, a distarce of 150.46 feet; thence run S49'54'57")N, ❑ distance o= 233.19 feet to ❑ point on ❑ non-tangent curve concave t❑ the Southwest, having o radius of 130.00 feet; thence from a radial bearing of $$1'09'51"1N rar Ncrthwesterly along the care of said curve through a central angle of 31'19'43", an arc dis=❑nce of 71.08 feet, having a chard bearing of N24'30'al"W and r� chard distance of 70.20 feet; thence run N40'09'52"W, a distance of 62.87 feet; thence run NOB'51'00'E, a distance of 8,99 feet to a paint on a non-tangert curve concave to the Southeast, having a radius of 48.00 feet; thence fron, a radial bearing of S76'57'14"E rur northeasterly along the arc of sold curve thro,Aah a central angle of 363'52'12" an me disturr_e of 30.89 feet, having a chard hearing of N31'2$'.51'E and a chord dis.-once o= 30.36 feet; thence run N49'54'57"E, a dis-ante o= 70.78 feet to the heginnirg of o curve concave to the Northwest, having a radi.As of 226.77 feet; thence run Northeasterly along the arc of sold curve through a :;en ral arcle 2f "2'29'04", an arc distance of 49.'8 feet, having a chord bearing of N43'40'55"E and ❑ chard distance of 49-08 feet to a point of reverse curvoture of a curve concave tc the Soitheost, having a radius of 198.08 feet; thence run Northeasterly along trc arc of said curve through a central angle of 12'15'1$", an are distance of 42,37 feet. having a chord bearing of N43`34'32'E and ❑ chord distance ❑' 42.29 feet to a point of compound curvature of ra curve concave to tre Southeast, hciving a radius of 33.04 fee-; thence run Northeasterly along the arc of said curve through a central angle of 3315'17", on arc distance of 19.15 feet, having a chord hearing of NI66'1g'4g"E and a chord distance of 18.89 feet to he Point of Beginning; Contairs 32,142 square feet or 0.738 acres, more or less. SHANNON SURVEYING, INC. DigitaIly signed by 4�g NORTh S.R X134- - SJITE 2745 James R ALTAMONTE Sr'RNGS, FLORIDA„ 32714 James RShannon t4oa; Jf4-8372 LB S 6898 Shannon date,202{}.11,04 1 343:34-05,,00, DATE CF SJR4EY: ,.•,}3}'1424 HRxei 6Y: 3' SCALE: JAMES R. SHkNj1+V ,JR., F.L}. #4E71 I'V7—Ik—ALKH—SKETCH—S NOT VAUD'Mi THE 9C�kllJRE&ND THE SEAL OF A R17R7T7il,UCEN.En IURVEYA AH7 MMrf2 SHEET 1 OF 3 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 11 of 16 67 SKETCH OF DESCRIPTION IPTION PROJECT.- SR 434 AND TUSKAMLLA THIS IS NC:T A ROLJIVRARY SLRVEY NOT VALI:t "+'ITHOLT SHEETS 1 & 3 SURVEY0RS VOTES 1. 13varings bascd on the Southwest right of way line of : .ato Road No. 4.54 as being "E- 2. 1 hereby certify that the above described property is true and correct to the best of my knowledg a and belief as recently drawn ander my direction and that it meets the S-ondards of -ractice for Land Surveying set for-.1- in Florida Administrative Code Rule 5J-17-05 requirements. 3. No valid without the signature and seal of a Florida Licensed Surveyor rind Mapper. LI`4E T::: LE LINE BEAR NG LEI`.-,'TH L1 539'45'€3"E :.45' L2 N40'09'52`%% :"2.Fx7' L3 N08'51'00"E 8-19' 1-4 N49'34'S7'E 70-7W CURVE TABLE CURVE RARI.a:• -ELTA LENGTH RAD. BEAR NG 4H- GEARING CHORD G1 130 00' 31" ='.1 17" 71.08' S81'09'51"W1 N24'30'01'W 70.20' C2 48.o0' 36'S1'I2' 30.89' S7657'14"E N31"28'51'E 30.36' C3 276.Gd' 17'2$'0$ 49-1V N40'C5'03"'s4 v43'40'55 E 49.08' C4 198.08' -2"5'18" 42.37' S52'.33'07"E 1J43"34'32"E 42.23' C5 33.00' X 3'15"7" 19.15x' 5413'17'5{]"E NGB'19'49"E 16.89' DATE OF SJRVE.- 11/43/'2020 SHANNON SURVEYING, INC. DRAWN @7. Bf SCALE: 1' = 12V X199 NOR-- S.R. 1134 — SUITE 2045 ALTAMONTE SPRIPIjS, FLORIDA. 32714 P01 "LKS-Sa4ETCH-3 (40/) 114-83f2 LH # 6998 SHEET 2 OF 3 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 12 of 16 68 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAWILLA THIS IS NCT A ROLJNF-ARY SL.RVEY NOT VALID WITHQ JT SHEETS 1— POINT OF BEGINNING NCR 1FEA,4T{;cmEH cF JES05 ;E3EFtW MW4KMES RE LAT PLAT DON 71,PACE 9@ 0''��je P bL elfr , I ZZ ` i �0��,I' R DATE DF SURVEY 11/03/20M SHANNON SURVEYING, INC. DRAWN ar HE SCALE: 1' = 120' 499 NORTH S.R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 �sBy -6L�€B—S�ETH— (4oA) 774-8372 L3 # 6948 SHEET 3 OF 3 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 13 of 16 69 EXHIBIT F OVERALL SITE PLAN RESULTING TRUST PROPERTY PARCEL #1 STATS RPAD 434 _ b RR NIR +ray y, r �rrW aRa�'rla � ' 'MFip aL7+T m t - a wnc r airs it ra'Ra. j�I .arm -, f�ars.'r"axx � E RYT FC 14D p L fT��.R y$ Lq+ry ,plrKiT: ILfh�-II�h�Mf I r� irfF {pe l40 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 14 of 16 70 JOINDER AND CONSENT For and in consideration of the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, One Florida Bank, a Florida banking corporation, as holder of that certain Mortgage, Security Agreement, Financing statement and Assignment of Rents which is recorded in Official Records Book 10107, Page 1 of the Public Records of Seminole County, Florida, as affected by that certain Cross-Default and Cross-Collateralization Agreement recorded in Official Records Book 10108, Page 57, that certain Assignment of Rents, Leases, Profits and Contracts recorded in Official Records Book 10107, Page 20, and that certain UCC-1 Financing Statement recorded in Official Records Book 10147,Page 359; and that certain Mortgage, Security Agreement, Financing statement and Assignment of Rents which is recorded in Official Records Book 9757, Page 1364, as affected by that certain Cross-Default and Cross-Collateralization Agreement recorded in Official Records Book 10108, Page 57, that certain Assignment of Rents, Leases,Profits and Contracts recorded in Official Records Book 9757. Page 1386, and that certain UCC-1 Financing Statement recorded in Official Records Book 9757,Page 1396, all of the Public Records of Seminole County, Florida (collectively, the "Mortgage") hereby joins in and consents to the foregoing First Modification to the Development and Property Division Agreement by and between the City of Winter Springs, a Florida municipal corporation, and Tuscawilla Property Investors, LLC, a Florida limited liability company, and further acknowledges and agrees that its Mortgage shall be subordinated to such First Modification to the Development and Property Division Agreement and the obligations contained therein. Dated this day of , 2023. FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 15 of 16 71 Signed and sealed in the presence of: By: Name: Print Name: Title Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of O physical presence or (_) online notarization, this day of , 2023, by , the of ,a on behalf of the company, who is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 16 of 16 72 W H �y � SNo(S[A3u r� J a 0 = z W z H z O z �. w Z Z ap J In JU O �a w w o = z O O a w a a * ate O O ¢ O o a z Z D O a ¢ a o co of \ \- ,� W W W d o- H a Z Z U W F U (7 (7 cn cn w cn a o H (7 w > > !� s J � Un U U U U U U U U U U U U U U U � o0 /^/ a ,(gyp �// r Z Q C/) w �= w Z U ° z U47 C\j Lu Z . .. .. 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IINIII 1--.1o°s�d'�� SNOUVOIJ103dS AOv1d1DNHV"IN' ��n ��>° ��(�� VV - —,�_— zz°zi°��° 3dbOSONb� SONRidS 2i31NIM lb w� H I "tl° NNVS a2JIH1-H1zJ13 9100E 1661 Mn- b 3 g = N 2L 'nz G 3 u� E v d R 4_ ww - iao �. 4 Wo WL l2 7H o LL � 5 Q pew `u ON, -ml 71 8 "Fs 7wE z € 71s _ H7 t a w sw �- t a sed �nE t g.. a g b 67 aIt hL N_, - HT � C 3 co k fi - C 9 z Ht e_ruj w ow - w U c �3 w , wE 'p Ato 7,7 S - d �N e d S H. 01 T FUN. t € oN 35 G So 3 lH M .b a o �a z a tea_ �n a ao_ 3w 5 Project Site Parcel ID #36-20-30-502-0000-0080 + Subject Property t = 9.0 t ' ,° ► r �•� 92 M CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerserviceAwintersprin sg fl.org Intar{ora9cd 1959 Application—Site Plan Review/Subdivision .. _ SP2022-0026 The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant. The application shall be reviewed per Florida Statue 419.001. The sufficiency review shall be completed within thirty(30)calendar days per FL Statue 166.033. By submitting this application, you hereby grant temporary right of entry for City officials to enter upon the subject property for purposes of evaluating this application. Site Plan Type: Type of Development: Residential Non-Residential Plan. Sales Trailer Preliminary Review Final Review X Combined Preliminary/Final Resubmittal Recorded Plat Project Name: Fifth-Third Bank at Winter Springs Marketplace Date: 01I2512022 Applicant/Aizent Information: Applicant(s): Tuscawilla Property Investors, LLC Mailing Address: 630 South Maitland Avenue, Suite 100, Maitland FL 32751 Email: RStahl@Equinox-Development.com Phone Number: (407) 628--0077 Person Who Will Upload Plans* (F�AL.,t): Marcus Geiger Email: Marcus.Geiger@Kimley-Horn.com Phone#: (407) 427-1679 Property Owner(s) Name (If Applicant is not the Property Owner): Name: Email: Phone#: Mailing Address: Phone Number: Site Information: Project Address: 1181 E. SR 434 Winter Springs, FL, 32708 Parcel ID(s): 36-20-30-502-0000-0080 Parcel Size: 0.738 AC. Existing use: Vacant and Commercial Proposed Use: Commercial Zoning District: Town Center District Future Land Use: Town Center District 2020/02 Page 1 of 3 d' CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 rn�on ora�ca customerservice(cDwinterspringsfl.org 195$ Application—Site Plan Review/Subdivision Is the property located in the Town Center District? X Yes No Is the property within the S.R. 434 Corridor Overlay District? X Yes No Is the property located in the Greeneway Interchange Zoning District? Yes X No The Planning and Zoning Board/Local Planning Agency shall. review Site Plan Applications and make a written recommendation to the City Commission. The City Commission shall render all final decisions regarding Preliminary and Final Engineering Plans and may impose reasonable conditions on any approved plans to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based upon the applicable criteria as set forth in the City's Code of Ordinances Chapter 9, Land Development and Chapter 20, Zoning. Applicants are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings,they will need a record of the proceedings and,for such purposes, they will need to ensure that a verbatim record of the proceedings is made,at their cost,which includes the testimony and evidence upon which the appeal is to be based,per 286.0105, Florida Statutes. Application Fees: Fees are shown below plus actual costs incurred for advertising or notification, and reimbursement for technical, and/or professional services which may be required in connection with the review, inspection or approval of any development(based on accounting submitted by the City Consultant), payable prior to approval of the pertinent stage of development. Residential Site Plan Review Preliminary Site Plan includes two reviews $1,200+ $5/lot Final Site Plan includes two reviews $1,000 + $10/lot Combined Preliminary/Final (includes four reviews) $2,200+ $15/lot Non-Residential Site Plan Review Preliminar Site Plan(includes two reviews) $3,000+$5/lot Final Site Plan(includes two reviews) $2,500 + $10/lot Combined Preliminar-y/Final includes four reviews $5,500+$15/lot Sales Trailer Plan $200 Recorded Plat+actual cost $500 Resubmittal each review $500 Total Due $5515.00 2020102 Pago 2 of'3 Ln to CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 custoinerseivice a,winterspringsfl.ore 'g5g Application—Site Plan Review/Subdivision THIS APPLICATION MUST BE SIGNED IN THE PRESENCE OF A NOTARY This is to certify that I am the owner in simple fee of the subject property as described in this application for Site Plan Review. Property Owner(s)Name (Print): Ryan si Property Owner Signature: Date: s N ' r Property Owner(s)Name (Print): Property Owner Signature: Date: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of µ l q , 20 22 by Ryan P. Stahl who is personally known to me or who has produced as identification and who did/did not take an oath. Notary Public Signature: �" : ? =4 LORI FLUCHER My Commission Expires: a�jl x � �;,� Ml' $ISF.SlON#2522026 Note: If the applicant is nat the property owner the Property Owner shall sign and have their signature notarized below, authorizing the applicant and/or agent permission to submit the Site Plan Review application. Property Owner's Name (Print): Property Owner Signature: Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission Expires: 2020/02 Page 3 of 3 ca CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 r�o�or•c�a customerserviceQd winterspringsfLorg 1959 Application—Conditional Use The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant.The application shall be reviewed per Chapter 20—Zoning Sec20-33. The sufficiency review shall be completed within thirty (30) calendar days per FL Statue 166.033. Once the application is deemed sufficient, the applicant shall move forward withthe Community Workshop,required per Chapter 20—Zoning Sec.20-29,1. Applicants are responsible for posting notice (provided by the city) on the site at least seven (7) days prior to the Planning &Zoning Board (PZB) meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. Applicants are further advised that a. Conditional Use is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES,by signing below,that he or she: • May be sworn-in as a witness in order to provide testimony to the City Commission, • ShaIl be subject to cross-examination by party intervenors (if requested); and • Shall be required to qualify expert witnesses, as appropriate. Applicants are encouraged to familiarize themselves with Chapter 2 — Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Conditional Use recommendations shall be based from the required information/documentation provided,the Winter Springs Code of Ordinances, and the Winter Springs Comprehensive flan (to the extent applicable), The City Commission(CC)shall render all final decisions regarding Conditional Uses and may impose reasonable conditions on any approved Conditional Use to the extent deemed necessary an&relevant to ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter Springs Comprehensive Plan. All fonnal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. Applicants are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings,they will need a record of the proceedings and, for such purposes,they will need to insure that a verbatim record of the proceedings is made, at their cost,which includes the testimony and evidence upon which the appeal is to be based, per Florida Statute 286.0105. A Conditional Use which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the Conditional Use, is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the Conditional Use shall be deemed expired and null and void, per Chapter 20—Sec.20-36. 2020104 Page 1 of 6 ti CITY OF 'WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 ciistonzerservice(i,vyinterspringsfl.org fnwrpora[e4 19s9 Application--Conditional Use REQUIRED INFORMATION: Applicant(s): Tuscawilla Property Investors, LLC Date: 1/10/2022 Mailing address: 630 South Maitland Avenue, Suite 100, Maitland FL 32751 Email: RStahl@Equinox-Development.com Phone Number: (407) 342-0277 Property Owner(s): Tuscawilla Property Investors, LLC Mailing Address: 630 South Maitland Avenue, Suite 1000, Maitland FL 32751 Email: RStahl@Equinox-Development.com Phone Number: (407) 628-0077 Project Name: Fifth-Third Bank at Winter Springs Marketplace Property Address: 1181 E. SR 434 Winter Springs, FL Parcel ID(s): 36-20-30-502-0000-0080 Parcel Size: 0-738 AC. Existing Use: Vacant and Commercial Future Land Use: Town Center District Zoning District: Town Center District Community Workshop Date: N/A Conditional Use that is being requested? Commercial Bank How is the Conditional Use (density,height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions parking and traffic generating characteristics, number of persons anticipated using, residing or working under the conditional use, and other offsite impacts) compatible and harmonious with adjacent land uses? See attached cover letter. Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not? See attached cover letter. 2020104 rage 2 of 6 w CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 11.26 East State Road 434 Winter Springs,Florida 32708 [ncosyvrated customerservicenwinterspringsfl.ori: 1959 Application—Conditional Use �F Demonstrate the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. See attached cover letter. Will the proposed use have an adverse impact on the local econoiny, including governmental fiscal impact, employment, and property values? If no,why not? See attached cover letter. Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space,noxious and desirable vegetation, and flood hazards? If no, why not? See attached cover letter. Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? if no,why not? See attached cover letter. Will the proposed use have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? If no, why not? See attached cover letter. Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no,why not? See attached cover letter. 2020/04 Page 3 of 6 CITY OF WINTER SPRINGS. • COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 [ncorpurated customerserviee cz,winterspringsfl.orp- 1459 Application— Conditional Use Will the proposed,use avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery,parking and loading,signs, lighting, and other sire elements? If no, why not? See attached cover letter. Demonstrate that the conditional use and associated site plan have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. See attached cover letter. If the proposed conditional use is a residential use, whether the elementary, middle and high schools (K-12)that will be initially assigned to the residential project by the School District at the time the city commission considers final approval of the conditional use have both sufficient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient (e.g., walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the school population that will be drawn from the project,and promote and support the integration of future residents of the project into the existing city of Winter Springs community in a sustainable manner. See attached cover letter. Has the applicant agreed to a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the City Commission including, but not limited to, any mitigative techniques and plans required by city code? Yes J No List all witnesses that the applicant intends to present to the City Commission to provide testimony: Describe with specificity any evidence which the applicant intends to present to the City Commission,including oral factual testimony, maps,photographs, records or reports and/or expert testimony: Maps, reports, & testimony 2020104 Paged of 6 Q 0 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 rncurpuraled customerservice@wintersprinplsfl.org 1459 Application — Conditional Use Attach all documentary evidence which the applicant intends to present to the city commission to the back of this application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted at the city commission hearing if not submitted at least seven (7) days prior to such hearing- REQUIRED DOCUMENTATION (PDF A complete Application and Fee ($500.00*) ✓ A general description of the relief sought under this division f A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in this division A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the subject property(to scale). An Excel mailing list with the names and addresses of each property owner within 500 ft. of each property line, along with the HOA Associations within 1/2 mile of each property line. N/A An acceptable security plan for the proposed establishment that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood. N/A An acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than 20,000 square feet)including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood. N/A For all new commercial development and new residential subdivisions of ten(10)or more lots or existing commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity and requiring a modified site plan, or development agreements process under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the city code and the affect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the following additional information referenced in Chapter 20—Zoning Sec.20.29 Applications (7)--(11). * Fees are as shown above,plus actual costs incurred for advertising and/or notification, and for reimbursement for technical and/or professional services which may be required in connection with the review, inspection or approval of any development(based on accounting submitted by the City's consultant),payable prior to approval of the pertinent stage of development. CITY LIMITED RIGHT OF ENTRY: By submitting this Application you hereby grant temporary right of entry for City Officials to enter upon the subject property for purposes of evaluating this Application and posting on the subject property. APPLICANT'S AUTHORIZATION: I desire to make Application for a Conditional Use for the aforementioned project and have read and agree to the terms contained herein. In addition, if the Applicant is a corporate entity, the undersigned hereby represents and warrants that he/she is authorized to act on behalf of, and bind, the corporate entity. 2020/04 Page 5 of 6 0 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 custom erservice(2winterspringsfl.org InGurparn[i•d 1959 Application-- Conditional Use s� Applicant Name (Print): Ryan Stahl Applicant Signature: Date: Business Name: Tuseawiila ProkAeLyAestors, LLC Address: 630 South Maitland Avenue, Suite 1QD0, Maitland FL 32751 Parcel ID:36-20,30-502-0000--0080 STATE OF Florida COUNTY OF Orange The foregoing instrument was acknowledged before me this 4 day of r , 20 22 by Ryan P. Stahl who is personally known to me or who has produced as identification and who did/diddnno take an oath y r D_ • I �s O (seal): Notary Public Signature: My Commission expires: ORIFLETQHER oT �'y00MMI$8IONi�HHi 18482 E,WNS1 x,2028 Note: The Property Owner shall sign and have their sign Applicant is not the owner of the subject property. Property Owner's Name (Print): Property Owner Signature: Date STATE OF Florida COUNTY OF Seminole The foregoing instrument was acknowledged before me this day of 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission expires: 2020/04 Page 6 of 6 N O r CITE'OF WINTER.SPRINGS s ` m COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,Florida 32708 customerservice(e;lvinterst)rinesfl.org 1��a:��a 1959 Application—Aesthetic Review �4 The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant.The application shall be reviewed per Charter 9—Aesthetic Review See.9-605. The sufficiency review shall be completed within thirty (30)calendar days per FL Statue 166.033. Once the application is deemed sufficient,die applicant shall move forward withtheCommunityWorkshop,required per Chapter 20—Zoning See.20-29.1. Applicants are responsible for posting notice(provided by the city)on the site at least seven(20)days prior to the City Commission(CC)meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly _authorized representative. Applicants are further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES,by signing below,that he or she: • May be sworn-in as a witness in order to provide testimony to the City Commission; ® Shall be subject to cross-examination by party intervenors(if requested); and • Shall be required to qualify expert witnesses, as appropriate. Applicants are encouraged to familiarize themselves with Chapter 2 — Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Aesthetic Review recommendations shall be based from the required information/documentation provided,the Winter Springs Code of Ordinances, and the Winter Springs Comprehensive Plan(to the extent applicable). The City Commission(CC)shall render all final decisions regarding Aesthetic Review and may impose reasonable conditions on any approved Aesthetic Review to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 9,Aesthetic Review Standards. Applicants are advised that if,they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings,they will need a record of the proceedings and,for such purposes,they will need to insure that a verbatim record of the proceedings is made,at their cost,which includes the testimony and evidence upon which the appeal is to be based,per Florida Statute 286.0105. An Aesthetic Review Approval by the City Commission under this article shall be valid for a maximum of eighteen (18) months from the date the city commission renders its approval at a public meeting. If the applicant fails to obtain a building permit within the eighteen(18)month period,the city commission's approval shall expire at the end of the period. However, once a building permit is issued,the approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. Reasonable extensions may be granted by the city commission upon good cause shown by the applicant, provided substantial changes have not occurred in the surrounding area that would make the prior approval inconsistent with the criteria set forth in Chapter 9-Aesthetic Review Sec.9-9603 2019110 Page 1 of 5