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Original Development Agreement terms:
DEVELOPMENT AGREEMENT
(Multi-family/Mixed Use Apartment Project — S.R. 434)
t'h THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this
/D day of March , 2015 ("Effective Date"), by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434,
Winter Springs, Florida 32708, and WINTER SPRINGS HOLDINGS, INC.., a Delaware
corporation, ("Developer"), whose address is 900 Seventh Street NW, Washington, D.C. 20001.
WITNESSETH:
WHEREAS, Developer is the fee simple owner of certain real property currently located
in the City of Winter Springs, Florida and within the Town Center, more particularly described
in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is subject to the City's specific Town Center Comprehensive
Plan policies and land development codes ("Town Center Policies"); and
WHEREAS, Developer desires to construct a phased development project on the
Property which is generally located on, and fronting, the north side of S.R. 434 and both sides of
Michael Blake Boulevard that is keeping in the character of the Town Center Policies
("Project"); and
WHEREAS, the initial phase of the Project located west of Michael Blake Boulevard
will consist of two or more residential apartment buildings and mixed use buildings ("Initial
Phase"); and
First Modification terms:
FIRST"1 #Ajf+ICATION
OF DEVELOPMENT �QREEMENT
(Multi-family/Mixed U erApxfinent Project —
S.R.4::� �M
THIS FIRST MODIFICATION $ �F' DE .OR-M'ENT AGREEMENT (the "First
Modification") is made and executed this � �-, dayflapta 017 ("Ei%ctive Date"), by and
between the CITY OF WINTER SPRINGS, a Florida r►iuijic�pgi/;,00fporation (the "City"), whose
address is 1126 East S.R. 434, Winter Springs, Flori��a' 0.1 �".. .?WINTER SPRINGS
HOLDINGS, INC.., a Delaware corporation, ("Developer"), My se ador6s i( 900 Seventh Street
NW, Washington, D.C. 20001.
WITNESSETH:
WHEREAS, Developer is the fee simple owner of certain real pr6krty.,CµrCeutly located
in the City of Winter Springs, Florida and within the Town Center, more prnieuWly described
in that certain Development Agreement, dated March 10, 2015, and recorded•, i%-..0. e-'0T�in'
Records of Seminole County, Florida at Official Record Book 8446, Pages 1131-11�4t "Orrg)rttiI
Development Agreement"); and '
,.tM,
City and Developer desire to set forth the following terms and
conditions with res" t to the development of the Property, and
(b) Adjusf •;�tyA�cborrce. The City hereby agrees that the final adjusted
City arbor fee for the Project P0 a Hundred Forty -Nine Thousand Six Hundred Sixty
and No/100 Dollars ($149,660.00)"�"�flabr-ee"). The Arbor Fee is comprised of the following
components:
Tree mitigation credits:I
Specimen tree removal: vl.l 060
Arbor Permit: $ 1 160�.r -riAk
Developer agrees to pay the Arbor Fee components tO ` I 'At'such time said payment of each
component is required by the City Code.
Developer Contributions via the Town Center project:
1. In 2017, Developer spent nearly $2 million installing infrastructure for the entire
Town Center:
• Roads
• Stormwater ponds
• Lift Station
• Utilities (installation and oversizing to allow future development)
The recorded Development Agreement makes clear that this work, including the arbor fee
already paid, was intended to cover all current and future phases. Developer would not
have undertaken that level of improvement otherwise.
2. Also in 2017, Developer paid the final arbor fee of $149,660 as set out in the First
Modification to the recorded Town Center Development Agreement.
3. The original Development Agreement has governed on previous requests to the city
for this phase — including requests to develop more multi -family product which were
denied.
4. The new tree mitigation fee of $227,000 appeared after Developer had:
• A staff approved site plan,
• Secured financing, and
• Executed contracts with end -users.
5. Adding a six -figure cost at this stage creates a significant hardship.
Public Benefit:
• This project represents $50+ million of new development and will result in
millions of dollars in incremental property and sales taxes for the City.
• Additionally, the community will benefit from additional neighborhood retail,
services, and for -sale housing.
• Construction of Sea Hawk Cove at a cost of appx. $1 M
Requested Commission Motion
1. Primary request: Acknowledge the duplicative nature of the arbor fee and waive the
additional $227,000 tree -mitigation fee
2. Alternative request: If a full waiver is not feasible, reduce the fee by at least 50 % to
match the original discount given to Developer and keep the project financially viable.
3. Given our contractual obligations to end users and project timing constraints, we
need to move approval of the Development Agreement forward this evening.
GRANT MALOYr SEMINOLE COUNTY
CLERK OF CIRCUIT COURT 6 COMPTROLLER
BK 8852 Pgs 1719-1728 (10P9s)
CLERK'S : 2017010582
RECORDED 01/31/2017 08:05:;;5 AM
RECORDING FEES $86.50
RECORDED BY hd_vure
THIS INSTRUMENT WAS
PREPARED BY AND SHOULD BE
RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Garganese, Weiss &
D'Agresta, P.A. I I I N. Orange
Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
FOR RECORDING DEPARTMENT USE
ONLY
FIRST MODIFICATION
OF DEVELOPMENT AGREEMENT
(Multi-family/Mixed Use Apartment Project —
S.R. 434)
THIS FIRST MODIFICATION OF DEVELOPMENT AGREEMENT (the "First
Modification") is made and executed this J* day of January, 2017 ("Effective Date"), by and
between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WINTER SPRINGS
HOLDINGS, INC.., a Delaware corporation, ("Developer"), whose address is 900 Seventh Street
NW, Washington, D.C. 20001.
WITNESSETH:
WHEREAS, Developer is the fee simple owner of certain real property currently located
in the City of Winter Springs, Florida and within the Town Center, more particularly described
in that certain Development Agreement, dated March 10, 2015, and recorded in the Official
Records of Seminole County, Florida at Official Record Book 8446, Pages 1131-1144 ("Original
Development Agreement"); and
WHEREAS, on December 14, 2015, the City Commission approved the final
engineering plans submitted by the Developer for the ect subject to a First Modification of
Development Agreement which was approved by the 7ty Commission ("Original First
Modification"). A copy of said final engineering plans are on file at the City of Winter Springs
First Modification
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
Page 1 of 7
-A8 - D J �`�10D P. A.
City Hall ("Final Engineering Plans"); and
WHEREAS, subsequent to the City Commission's approval of the Final Engineering Plans
and the Original First Modification, Developer did not execute the Original First Modification and
deliver it to the City; and
WHEREAS, the Parties now desire to amend the Original First Modification approved by
the City Commission, and approve and execute this new version of the First Modification as a
condition to the Final Engineering Plans and Aesthetic Review approved by the City Commission
on December 14, 2015, as if this new First Modification was approved simultaneously with the Final
Engineering Plans; and
WHEREAS, the City and Developer desire to set forth the following terms and
conditions with respect to the development of the Property; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference including, but not limited to, the new definitions created in the
parentheticals for the terms "First Modification," "Final Engineering Plans," and "Original
Development Agreement." This First Modification shall be deemed a material part and condition
of the Final Engineering Plans.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act and pursuant to Section 20-321(b) (2) of the Town Center District Code.
3. PPr iect Obligations and Commitments. In consideration of the City and
Developer entering into this First Modification, the Developer and the City hereby agree as
follows:
(a) Improvements to the City Collector Road System. The Final
Engineering Plans depict improvements to Michael Blake Boulevard from S.R. 434 to the Cross -
Seminole Trail, and Tree Swallow Drive from Tuskawilla Road to Michael Blake Boulevard.
Both Michael Blake Boulevard and Tree Swallow Drive are City Collector Roads and are
therefore eligible for Transportation Impact Fee Credits. Developer hereby agrees to construct
Michael Blake Boulevard and Tree Swallow Drive, at its expense and as depicted on the approved
Final Engineering Plans, which plans are described in further detail on Attachment "1" attached
hereto, and which improvements include construction of roadway, stormwater, landscape and
hardscape improvements (col lectiveIy, the "Roadway Improvements"), in exchange
for an award from the City of Winter Springs transportation impact fee credits in a maximum
amount of Six Hundred Twenty Thousand Four Hundred Thirty Seven and 41/100 Dollars
($620,437.41) (the "Approved Transportation Impact Fee Credit"). The costs eligible for the
Transportation Impact Fee Credit shall consist solely of the Developer's actual construction costs
for the Roadway Improvements, plus construction of the S.R. 434 westbound right -turn
deceleration lane at Michael Blake Boulevard. All construction expenditures eligible for
First Modification
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
Page 2 of 7
transportation impact fee credits shall be subject to approval by the City Engineer in advance
of construction, with such approval not being unreasonably withheld or delayed. Any
construction costs over the Approved Transportation Impact Fee Credit shall be the Developer's
sole responsibility. Developer agrees to complete construction of the Roadway Improvements and
the City shall accept construction thereof through its applicable site acceptance procedures, prior
to the first certificate of occupancy being issued by the City for any apartment building. Prior to
final acceptance, Developer shall provide the City with copies of all applicable invoices, receipts,
proof of payments, lien releases, warranties, maintenance letters of credit, and all documentation
necessary for the City Engineer's approval of the final amount of the Transportation Impact Fee
Credit. The City shall not be responsible or liable for providing any transportation impact fee
credit which cannot be properly and reasonably documented in writing. The Approved
Transportation Impact Fee Credits are eligible to be applied first to the 283 multi -family units in the
Initial Phase of the development project and thereafter, any remaining Approved Transportation
Impact Fee Credits will be applied to any non-residential land uses first on the portion of the Property
on which the Initial Phase will be constructed and then second to any non-residential land uses on
the portion of the Property labeled as "Future Development" or "Commercial" on the Concept Plan
east of Michael Blake Boulevard until said Credits are exhausted. Notwithstanding any of the
foregoing, the Approved Transportation Impact Fee Credits shall expire five (5) years from the City
Engineer's approval of the final amount of Approved Transportation Impact Fee Credit.
(b) Adjusted City Arbor Fee. The City hereby agrees that the final adjusted
City arbor fee for the Rrqjret shall be One Hundred Forty -Nine Thousand Six Hundred Sixty
and No/100 Dollars ($149,660.00) ("Arbor Fee"). The Arbor Fee is comprised of the following
components:
Tree mitigation credits: $133,500
Specimen tree removal: $ 5,000
Arbor Permit: $ 11,160
Developer agrees to pay the Arbor Fee components to the City at such time said payment of each
component is required by the City Code.
(c) Finished Floor Elevations. The average finished floor elevations as
depicted on the Final Engineering Plans are hereby deemed acceptable to the City and in
compliance with the Town Center Code. The City acknowledges that the elevations vary
depending on the building length and location and that some of the elevations are below and
above the 24" requirement set forth in the Town Center Code. However, the City agrees that the
overall average of the elevations complies with the intent and purpose of the Town Center Code
requirement.
(d) Balcony Restrictions. The following covenant shall apply to all apartment
balconies:
Balconies shall be kept clean and tidy at all times by occupants of the units in order
to avoid visual clutter and nuisances. No noxious or offensive activities shall be
carried on upon any balcony. Draping towels, clothing and other items over
First Modification
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
Page 3 of 7
COMMISSION AGENDA
ITEM 505
Informational
Consent
Public Hearings
X
Regular
December 14, 2015 KL RS
Regular Meeting City Manager Department
REQTJEST:
The Community Development Department — Planning Division requests the City
Commission consider approval of: 1) Preliminary/Final Engineering Plan, 2) Aesthetic
Review, and 3) the First Modification of the Development Agreement for a total of 279
111L1104,111111y units located on the east side of Tuscawilla Road, north of SR 434 and west of
(Michael Blake Boulevard.
SYNOPSIS:
The applicant is requesting approval of a Preliminary/Final Engineering Plan and Aesthetic
Review for an apartment community containing 279 units. The subject property is located in
the T5 zone (Urban Center Zone) of the Town Center. Multifamily uses such as apartments
are a permitted use in the T5 zone of the Town Center. A Concept Plan and Development
Agreement was approved by the City Commission on February 9, 2015 which permits a
maximum of 300 apartment units on the property. The Preliminary/Final Engineering Plan
has been designed in accordance with the approved Concept Plan and Development
Agreement.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
Applicant name and address and authorized representative: CS Capital Management,
Inc./ Whitaker Capital, LLC. 3525 Piedmont Road, 7 Piedmont Center, Suite 300,
Atlanta, GA 30305. Brian Love, authorized representative
"�t3 -4 1T�t .�os—
o«,nut SH04A6 4rfs
(4) Such other criteria set forth in the City's land development regulations. (Ord. 2012-05)
Policy 2.3.7: Quality of Life. Strive to improve the quality of life of Winter Springs'
residents by encouraging an increased number and variety of thriving commercial
businesses that are supported and complimented by high -end residential projects located in
the Town Center.
City of Winter Springs Comprehensive Plan - Housing Element
Policy 1.1.15: Support the desired commercial activity and urban character desired for the
Town Center by encouraging high density residential development subject to the Town
Center District Code. (Cross Reference: Future Land Use Element, Policy 2.2.6); (Ord.
2012-05)
Winter Springs Town Center District Code
DISCUSSION:
Preliminary/Final Engineering Plan
Prior to the approval of the Concept Plan and Development Agreement at the February 9,
2015 City Commission meeting, the applicant proposed a Concept Plan for a thirteen
building apartment complex that would be developed into a total of 338 units on 13.9 acres
at the noillieast corner of the intersection of Michael Blake Boulevard and SR 434. On
August 21, 2014 and December 2, 2014, the applicant held meetings with concerned
citizens to solicit their input on the proposed design. As a result of these meetings t\vo site
layouts were proposed but no consensus could be reached between the applicant and the
citizens on the proposed design of the project. With this impasse in mind and taking
certain comments from the citizens group into consideration, City Staff and the applicant
proposed a new layout and relocation of the project to a portion of the property under the
applicants ownership that is west of the intersection of Michael Blake Boulevard and SR
434, specifically on the east side of Tuskawilla Road behind the McDonalds restaurant. On
February 9, 2015, the City Commission approved a Concept Plan and Development
Agreement for the subject property based upon the alcove proposal which consists of
commercial, mixed use buildings and apartment buildings located in the T5 zone (Urban
Center Zone) of the Town Center. Multifamily uses such as apartments are a permitted use
in the T5 zone of the Town Center.
The design configuration depicted on the Preliminary/Final Engineering Plan is consistent
with the approved Concept Plan and Development Agreement. Vehicular access to the site
is proposed via Michael Blake Boulevard, two proposed "Town Center Streets", and
Tuskawilla Road. The property will be divided into six blocks. As noted on the approved
Concept Plan and in the approved Development Agreement, the developer has agreed to
reserve blocks 4, 5, and 6 for mixed use and/or commercial development. One
of the "Town Center Streets" that will be created will be the extension of Tree Swallow
Boulevard that will be constructed across the middle portion of the property. Per the terms
of the approved Development Agreement, this project is the only standalone multi -family
residential project permitted to be developed on the entire property located north of S.R.
434, south of the Cross Seminole Trail, east of Tuskawilla Road, and west of the
pedestrian trail bridge. In the event other multi -family projects are proposed on the
remaining portions of the property, the units shall be incorporated into a mixed use
development.
A roundabout will be constructed at the proposed intersection of Michael Blake Boulevard
for compliance with all building code criteria.
(6) The proposed project has incorporated significant architectural enhancements such as
concrete masonry units with stucco, marble, termite -resistant wood, wrought iron, brick,
columns and piers, porches, arches, fountains, planting areas, display windows, and other
distinctive design detailing and promoting the character of the community.
The project has incorporated a number of features such as cementitous lap siding,
cementitous batten board, vinyl windows, and aluminum coping. Expression lines are
provided to demonstrate a separation from the first and second floors and to help
break up blank expanses on the facades. The architecture is consistent with the
architectural elevations that were included as an exhibit to the approved Development
Agreement. The project provides distinctive design details that promote the character
of the Town Center and the City of Winter Springs.
FISCAL IMPACT:
Development of the property will provide an increase in taxable value to the City, and will
provide additional population in the Town Center which will increase the Town Center's
demographic base and strengthen the support for business and future commercial
development within the Town Center. Per Policy 2.3.3 of the Future Land Use Element of
the Comprehensive Plan, a fiscal impact analysis is provided.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff and the Planning & Zoning Board recommend approval of. 1) Preliminary/Final
Engineering Plan, 2) Aesthetic Review, and 3) the First vlodification of the Development
Agreement for a total of 279 multi -family units located on the east side of Tuskawilla Road
north of SR 434 and west of IVlichael Blake Boulevard.
ATTACHMENTS:
A. Preliminary/Final Engineering Plan
B. Aesthetic Review
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Kevin McCann
From: Randy Stevenson<rstevenson@winterspringsfl.org>
Sent: Friday, December 4, 2015 4:29 PM
To: Anthony A. Garganese
Cc: Shawn Boyle; Amanda Webb; Bobby Howell; Brian Fields; Kip Lockcuff
Subject: Pollack Shores arbor details
Anthony,
As we discussed this morning, the following summarizes the City's current position on the arbor fees for,
the Pollack Shores project. Brian Fields will respond via a separate email on the transportation impact
fees.
Arbo fee-;
Original estimate of arbor fees based on the tree survey provided by the applicant: 170 trees/acre 6.45''
acres = 1,097 trees in the project area (average tree size on site equates to 2 replacement credits for
each tree) or 2,194 replacement credits
Replacement credits from the ACOE work on the east side of MB Blvd.: 213 replacement credits
Total replacement credits and arbor fees due: 2,194 + 213 = 2407 ($250) = $601,750.
Adjustment #1
The tree list from the survey was reviewed and all camphor trees, laurel oaks, and dead trees were
removed from the list, resulting in a new total of 160 trees/acre
160 trees/acre 6.45 acre = 1032 trees (times 2 = 2,064 replacement credits)
2,064 + 213 (from the ACOE work) = 2,277 replacement credits ($250) = $569 250
Adjustment #2
Ae«,f" S#dlW 013
Utilizing an aerial photograph, the area of the site covered in tree canopy was estimated to be 79% of the
total 6.45 acre property
6.45 acre (.79) = 5.1 acres
5.1 acres X 160 trees/acre = 815 replacement credits ( tirne 2 = 1,630 replacement credits)
1,630 + 213 (from ACOE work) = 1,843 replacement credits ($250) = $460,750
M_ustment #3
Credits for trees to be planted on site as part of the project landscape plan: 740 tree replacement credits
1,843 - 740 = 1,103 replacement credits ($250) = $27 750fina1 ember
Anthony,
This is different than the $222,500 final number we discussed this morning because I forgot to add the
213 replacement credits for the ACOE work back into the final number.
Also, we need to add language to the DA that addresses the average finished floor elevation of the
buildings. Much like the RiZE, the longer buildings contained in Pollack Shores meet the 24 " above grade
for the finished floor based upon an average and staff has determined that the final engineering plans
contain the finished floor elevations to meet this requirement. We need to add the following language to
the Pollack Shores DA to memorialize this methodology. I would suggest the following language:
The finished floor elevations as depicted on the final engineering plans vary depending on the building
length and location but are considered to be in compliance with the Town Center Code requirement that
residential finished floor elevations be 24" above the surrounding grade. While some finished floor
elevations are below the 24" requirement, others area well above this requirement and the average of
these elevations meets the 24" requirement.
Randy Stevenson, ASLA, AICP
Comml.Inity Development Director
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
(407) 327-5970
Cell (321) 698-6568
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Section 20-1. Definitions.
Fiscal Impact:
The Fiscal Impact Report shall be reviewed and approved prior to the project being
heard before the City Commission.
Development Agreement:
The Applicant is currently working with the City Attorney on the Development
Agreement for the project. The Development Agreement shall be executed prior
to any work on the project covered within this document.
STAFF RECOMMENDATION
On June 5, the Planning and Zoning Board held a public hearing and recommends
that the City Commission approve the Site/Final Engineering, Final Plat, Waivers,
Removal of Three (3) Specimen Trees, and Development Agreement, subject to the
following conditions of approval:
1. Execution of the Development Agreement.
2. Mitigation of specimen and non -specimen tree removal per the Arbor
Permit Application, ARBOR-2025-0210. The applicant shall be required to
pay $227,400 for the removal of the trees, including 3 specimen trees, prior
to the issuance of the tree removal and land clearing permit.
3. Filing of a subdivision performance bond in a form acceptable to the City
Attorney.
4. There shall be no retail sales, manufacturing, or compounding of any
products derived from the hemp plant or cannabis plant, including CBD
(cannabidiol).
5. All grass on the Property shall be Bahia grass. No St. Augustine grass or grass
types with low drought tolerance shall be permitted.
6. Address all comments in the Surveyor's report within 30 days of City
Commission approval.
7. Preservation of the 52" specimen oak tree at the corner of SR 434 and
Michael Blake Blvd.
Attachments•
Figure "1" - Sea Hawk Cove Extension Plan Set
Figure "2" - Environmental and Wildlife Report
Exhibit "3" - Final Plat for Sea Hawk Cove
Exhibit "4"- Sea Hawk Cove Landscape Plan
Exhibit "5"- Sea Hawk Cove Tree Removal Plan
Exhibit "6"- Sea Hawk Cove Development Agreement
Exhibit "7"-Application for Final Engineering and Development Plan
Exhibit "8"- Application for Tree Removal
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED 5-0.
404) Sea Hawk Cove Extension, SR 434/419 and Michael Blake Boulevard - Final Engineering and
Site Plan, Final Plat, Waivers, Removal of Three (3) Specimen Trees, and Development Agreement
Mr. John Rabon, Senior Planner, Community Development Department introduced the item,
reviewed the proposal, and noted the Planning and Zoning Board's recommendation of approval with
seven conditions listed in the staff report.
Commissioners Baker, Bruce, Caruso, Diaz, and Resnick disclosed ex-parte communications related
to conversations with Mr. Paul Partyka and documentation provided related to the property.
Attorney Garganese explained this project was another phase of the Town Center II project, noted
staff's calculation of tree mitigation costs for this phase, and noted the applicant's assertion that a
previous payment of $117,000 made when the Blake Apartments were being approved was inclusive
of this site.
Ms. Allison Turnbull Jones, representing the applicant, referenced the previous development
agreement and first modification arguing that a reference made to "the Project" showed that the
previous payment was inclusive of this site. Ms. Jones noted the applicant agreed with all other
conditions except the arbor fees and noted the need to resolve the issue at the current meeting.
Brief discussion followed on proof of the previous payments and Ms. Jones noted that she could
confirm and provide the information to the Commission.
Attorney Garganese noted his research into the property and his review of the associated
documentation. He reviewed the previous development agreements and further referenced two
versions of the first modification and an email sent from the Community Development Director at the
time providing a tree mitigation estimate based solely on the acreage of the Blake Apartments.
Attorney Garganese further noted that the first version of the first modification, though approved by
the City Commission, was never signed bythe applicant, noted a change in ownership, and a newfirst
modification that was approved and signed with a reduced tree mitigation calculation due to a
change in the arbor ordinance. Regarding references to "the Project" Attorney Garganese noted that
the Blake Apartments were the only approved project at that time. Finally, Attorney Garganese noted
that the documentation he had referenced had all been provided to the applicant and cautioned that
if the arbor fee were waived for this commercial property that there may be perceived entitlements
for other nearby undeveloped properties.
Discussion followed on the definition of project, the infrastructure investments the applicant had
made, and Commissioner Diaz noted his disagreement with the arbor ordinance.
Ms. Jones noted all planning efforts for the project were based on the existing documents and the
belief that no further arbor payment was required. The applicant was willing to pay an estimated
$7,200 for removal of three specimen trees on the property.
Further discussion followed on the arbor fee calculation, the definition of project and a disagreement
on contract term definitions, a tree count for the property listing 306 trees, disagreement on the
applicability of the previous payment, and the estimated tax benefit of the proposed project.
Mayor McCann opened the Public Hearing for Item 404.