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HomeMy WebLinkAbout2005 08 03 Regular 501 Final Engineering/Subdivision Plan Harbor Winds~: PLANNING & ZONING BOARD AGENDA ITEM 501 ._ A~ ~t - , 2005 Meeting Consent Informational Public Hearing Regular X Mgr. /Dept Authorization REQUEST: The Community Development Department requests the Planning and Zoning Board consider final engineering/subdivision plan fora 62 unit townhouse development to be known as Harbor Winds. The project is located on 14.99 acres, on the north side of S.R. 434, just east of Fountaintree Drive, between the Winter Springs Golf Course and the Golf Terrace Apartments. PURPOSE: The purpose of this agenda item is for the Board to consider the final engineering/subdivision plan fora 62 unit townhouse development to be known as Harbor Winds. The project is located on 14.99 acres, north of S.R. 434, just east of Fountaintree Drive. A draft Development Agreement addresses the issue of the cul-de-sac length, internal right-of- way specifications, off-site light spillage, garbage collection, sidewalks, utility/drainage easements, cross-access easements, wetland impacts, development standards, and landscaping specifications. The City Attorney has not yet rendered an opinion on the draft development agreement. APPLICABLE LAW: • Chapter 9, City Code, Land Development ^ Sec. 20-234, City Code, Conditional Uses, C-1 Zoning District ^ Sec. 9-152, Culs-de-sac; dead ends ^ Draft Development Agreement August 3, 2005 - P&Z Agenda Regular Agenda Item 50~ Page 2 CONSIDERATIONS: The project is located on 14.99 acres, north of S.R. 434, just east of Fountaintree Drive. The property is located in the "C-1 Neighborhood Commercial "zoning district and has a Future Land Use designation of Commercial. The vegetated site abuts properties with recreational, multifamily, vacant, and commercial properties. To the north is the golf course, to the east is the -golf course country club/restaurant site, to the west are Fountaintree Drive and the Goif Terrace Apartments, and to the south, on the opposite side of SR 434, is an area outside of the City boundaries. The site also abuts approximately 1 acre of undeveloped land on the north side of SR 434 (the Casselberry's property) that is still within unincorporated Seminole County. The City Commission approved a Conditional Use Permit in August 2004 for the multi-family residential development (maximum of 94 units) in the C-1 Zoning District pursuant to Section 20-234 (5) of the City's Code of Ordinances. On May 23, 2005, the applicant went to the City Commission to seek guidance regazding various development issues, including, but not limited to, 2 caz garages, overall pazking, cul-de-sac length, wetland encroachment and preservation, road-way construction specifications, and sidewalks. The plans have been modified to provide 62 units (previous plans depicted 90 units) in response to the City Commission comments. The cul-de-sac length is addressed in the Development Agreement. The developer agreed to provide across-access easement between the proposed internal roadway and Fountaintree Drive. The access easement provides secondary means of egress along the longest portion of the cul-de- sac. On-site wetlands aze proposed to be developed, subject to off-site mitigation through the applicable state agencies (SJRWMD Permit # 40-117-97208-1). Other on-site wetlands and an upland buffer are proposed for preservation through a conservation easement dedicated to the City. The applicant proposes limited temporary construction easements into the edge of some wetlands to facilitate construction adjacent to those wetlands. After the adjacent construction is completed, any necessary restoration would occur and the affected azea would be protected. The only outstanding issue appears to be the provision of 5 foot wide planting beds (Section 20- 484 (13) (b). The applicant must either include this in the development agreement or amend the plans. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend approval ofthe Harbor Winds final engineering/subdivisionplanc, subject to acceptance of the development agreement. ATTACHMENTS: August 3, 2005 - P&Z Agenda Regular Agenda Item SOa Page 3 A Minutes of the May 23, 2005, City Commission meeting B Draft Development Agreement (for information only) C Plans PLANNING AND ZONING BOARD ACTION ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 23, 2005 PAGE IS OF 24 Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM `405'." McGINNIS. MAYOR BUSH STATED, GILMORE." DISCUSSION. MOTION BY COMMISSIONER "SECONDED BY COMMISSIONER VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Community Development Department Requests The City Commission Consider And Comment On A Conceptual Development Plan For A 90 (Ninety) Unit Townhouse Development To Be Known As Harbor Winds. The Project Is Located On 14.99 Acres, North Of S.R. (State Road) 434, Just East Of Fountaintree Drive. The Property Is Bounded On The North By The Winter Springs Golf Course. Attorney Garganese commented on this Agenda Item. Tape 2/Side B With discussion, Commissioner McGinnis noted that "Your guest parking is grossly inadequate -there are some real parking issues here." Mr. Jessie Graham, Esquire, Graham Builder Jones Pratt & Marks LLP, 369 North New York Avenue, Winter Park, Florida: representing Morrison Homes, Mr. Graham spoke on their preference for obtaining a Waiver. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 23, 2005 PAGE 16 OF 24 Commissioner Gilmore said, "When this was brought to us before, I raised the question about the density, the lack of parking and all of this, and we were told, `Oh, don't worry about it, this is just a preliminary sketch'. And, my comment at that time was, it is amazing how preliminary sketches come back months later as the final drawing." Commissioner Gilmore added, "When I look at this, and I see three (3) bedroom apartments or houses, and four (4) bedroom apartments or houses, where are you going to put all the cars?" Mr. Art Kosik, Land Resource Project Manager, Morrison Homes, 1 SI Southhall Lane, Suite 200, Maitland, Florida: representing Morrison Homes, Mr. Kosik spoke on the proposed project and stated, "On a Conditional Use, they said two and a half (2 and %) space per unit. What we've provided is actually almost three (3) spaces per unit, as it is designed today, -between the garage space, the full length of the driveway which the driveway is not a shortened driveway." Mr. Kosik further noted, "We actually began the project with a twenty-five foot (25') front setback which allowed for actually approximately six (6) to eight feet (8') longer driveway than car, if you put a car in the driveway. We've just recently reduced that to twenty feet (20') to increase our right-of- way and allow for more green space along the street and again, reduced to twenty feet (20') did not eliminate the ability for us to park a full size car in the driveway." During discussions with Commissioner Miller, Mr. Kosik said, "I believe we may be able to actually add more on-site parking -that's something CPH would have to address for us." Mayor Bush said, "In listening to the Commissioners, I didn't feel there was much consensus on waiving the two (2) car garage." Commissioner Krebs said, "Two (2) car garage -that calls for it, that is what it is. If you cannot do the project because of it, then you cannot do it". Commissioner McGinnis remarked, "That is the standard -yes." Commissioner Gilmore commented, "Two (2) car garage." Commissioner Miller stated, "I agree." Ms. Michele Tanner, Senior Land Planner, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: spoke on the site and stated, "The proposal before you today is ninety (90) units." Ms. Tanner then addressed the allotted parking. Commissioner Miller suggested, "Have you given any thought to reversing the entrances to -what currently are one (1) car garage units -when you put a front porch on the other side, it would actually be facing the wetlands area, that would probably be a very nice entrance -people could still drive in the back of their home on the street." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -MAY 23, 2005 PAGE 17 OF 24 Additionally, Ms. Tanner said to Commissioner Miller, "You're saying the main entrance in the rear of the building?" Commissioner Miller noted, "Yes - I mean you could even stagger them a little bit probably so that you could have a little garden out in front -that would be on the back side of the building actually." Further discussion ensued on proposed pricing for the units and on-street parking spaces, to which Commissioner Gilmore said, "I counted seventeen (17) parking spots on the street." Mr. Kosik stated, "It should actually be twenty-five (25)." Commissioner Gilmore noted, "Then the drawing is not accurate." Mayor Bush summarized the discussion by saying, "I think the Commissioners made it known that they are not happy with the layout. Commissioner Miller has some suggestions that I think needs to be looked at. And I think the answer to your question right now is that the Commission is concerned about the parking -they feel two (2) car garages are more in line with what they expect." Mayor Bush further suggested that the City Commission is saying, "Be more creative and come back with a different plan." Attorney Garganese noted to the City Commission, "There is no action required on this." REGULAR 501. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification For The Landings At Parkstone. Mr. Baker spoke on this Agenda Item. "MOTION TO APPROVE `501'." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER McGINNI5: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ATTACHMENT B FA l+'~' QI7A'r(gr, ~ ,. Qie~pr`~'WP ~'~F2F1~CS' ~-h'~ih'ilti}i~ ~~~.i~~'~"I`f~17~ `DRAFT' BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS d~~e July 14, 2005 ~: ~ CITY OF WINTF_R SPRINGS Current Planning THIS BINDING DEVELOPMENT AGREEMENT, made and executed this day of 2005, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 east S.R. 434, Winter Springs, FL 32708, and Morrison Homes, a Delaware corporation ("Morrison Homes"), whose address is 151 Southhall Lane, Suite 200, Maitland, FL 32751. WITNESSETH: WHEREAS, Morrison Homes is constructing a townhome development on real property located within the City of Winter Springs, Florida; and WHEREAS, pursuant to the approval of the City of Winter Springs City Commission on 2005, Morrison Homes desires to facilitate the orderly development of a townhome project (the "Townhome Project") on the Subject Property (defined in Section 3 below) as depicted in the Final Engineering Plans attached hereto as Exhibit "A" and incorporated herein by this reference (the "Final Engineering Plans"), in compliance with the laws and regulations of the City; and `DRAFT' WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with Morrison Homes for the development of the Townhome Project; and WHEREAS, in addition to Morrison Homes's compliance with all City Codes, permitting and construction not in conflict herein, the City and Morrison Homes desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Authori .This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subject Property. The real property ("Subject Property"), which is subject to and bound by, the terms and conditions of this Agreement is legally described on Exhibit "B" attached hereto and made a part hereof by reference. Section 4. Representations of Morrison Homes. Morrison Homes hereby represents and warrants to the City that Morrison Homes has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by Morrison Homes and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against Morrison Homes and the Subject Property in accordance with the terms and conditions of this Agreement. Morrison Homes represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this agreement. `DRAFT' Section 5. Obligations and Commitments. In consideration of the City and Morrison Homes entering into this Agreement, the City and Morrison Homes voluntarily agree as follows: (a) Final En ing eerin Pg_lans. Morrison Homes shall construct the Townhome Project in accordance with the Final Engineering Plans approved by the City Commission of Winter Springs. Said Final Engineering Plans may be amended from time to time by the City without amendment to this Agreement. All Amendments to the Final Engineering Plans shall automatically be incorporated herein by this reference. (b) Off-site Light Spillage. Off-site light spillage shall only be permitted at the main entrance of the Property so that the sidewalk and entrance along Longwood-Wagner Road (State Road 434) are illuminated to enhance public safety. However, any such illumination shall not cause any unreasonable glare for motorists along Longwood-Wagner Road (State Road 434) and shall first be approved by the City. (c) Garbage Collection. Gazbage collection for the subject property will be provided to each individual townhome. Garbage dumpsters aze not permitted. (d) Internal Rights-of-Way/Streets. Rights-of--way internal to the subject property are as follows: forty five (45) feet wide at Harbor Winds Court; fifty (50) feet wide at Greenview Court, and; eighty (80) feet wide at Timberlane Trail. Streets internal to the subject property do not meet City standards and therefore will be privately maintained. (e) Cul-de-sac Length. Placement of residential units are guided by several site constraints, including but not limited to; 1.) the unusual configuration of the overall parcel; 2.) numerous wetlands; and, 3.) numerous easements, including a 175-foot wide power easement. Due to these restrictions and given that the main project entrance must line up with Timberlane Trail, units placed in the northwest corner of the site must obtain access from a cul-de-sac whose length exceeds the criteria established in Section 9-152 of the City of Winter Springs Land Development Code (800 foot maximum length). The length of the cul-de-sac from the project `DRAFT' entrance is 1,254.07 feet. The length from the cross-access easement to the end of the cul-de-sac is 638.78 feet. (f) Internal Sidewalks. Sidewalks internal to the subject property (within the rights-of-way) aye shall be fe~{43 five 5 feet wide. (g) Cross-Access Easement. Across-access easement between the proposed private internal roadway and Fountaintree Drive has been provided. The Final Engineering Plans depict the cross-access easement location. (h) UtilitylDraina~e Easements. Utility and drainage easements internal to the subject property vary in width, refer to the plat for actual dimensions. (i) Removal of Existing Cart Path. A portion of the Winter Springs Golf Course existing cart path which falls within the boundary of the Subject Property will be removed. (j) Temporary Wetland Impact /Construction Easements. Temporary wetland impact /construction easements within wetland areas will be obtained by Morrison Homes to implement construction of retaining walls. (k) Environmental Considerations. The City of Winter Springs requires a 25-foot wide upland buffer adjacent to on-site wetlands. In accordance with this requirement a 25-foot wide upland buffer will be provided adjacent to wetlands that are not impacted, where applicable (where a wetland abuts another wetland, a full 25-foot wide buffer for each wetland can not be achieved). Lots adjacent to impacted wetlands "B" and "D" will provide a 25-foot wide building setback ("wetland impact buffer") ' '' °~ +''° " "°a ' "'~"'' '"'~~ .. These wetland impact buffer areas equal .35 acres total. The project will provide 1.12 acres of upland preserve to-offset this modification to the upland buffer requirement. A conservation easement, totaling 3.43 acres, will be placed over wetlands A, B, C, D and F and the upland preserve areas. `DRAFT' Impacted wetland areas will be mitigated off-site as approved by the St. Johns River Water Management District Permit #40-117-97208-1. The environmental considerations are shown on the Wetland Impact Plan (Exhibit "C"), attached hereto and made a part hereof by reference. (1) Development Standards. The following development standards shall apply to the Subject Property: Max. Units: 62 units Min. Front Yard: 20 feet Min. Side Yard: 10 feet Min. Rear Yard: 25 feet Min. Distance Between Buildings: 20 feet Max. Building Height: 35 feet Min. Structure Setback From - SR 434: 40 feet All Other Property Boundazies: 10 feet Max. Impervious Surface Ratio: 35% SR 434 Buffer Requirements - Min. Width: 15 feet Min. Berm Height: 3 feet Wall Height: 6 feet ' Canopy Tree Requirements: 2-1/2" caliper 10 -12 feet height spaced 50 feet on center Sub-Canopy Tree Requirement: 4 trees per 100 linear feet of road frontage Canopy Tree Requirement (where rear yard backs up to SR 434): 2-1/2" caliper 10 -12 feet height `DRAFT' 1 tree per back yard (m) Landscape Material. Deviations to criteria established in Section 20-468, Table 1 (Recommended Shrub Palette), of the City of Winter Springs Land Development Code shall be approved as follows: (1) Allow 3 gallon Rhaphiolepis Indic (Indian Hawthorn), 12 inch height at planting. (2) Allow for Abelia Grandiflora (Glossy Abelia) as an approved plant species in 3 gallon containers, 18 inch height at planting. (3) Allow for Camellia Sasanqua (Sasanqua Camellia) as an approved plant species in 3 gallon containers, 18 inch height at planting. (4) Allow for Tripsacum Floridana (Florida Gama Grass) as an approved plant species in 3 gallon containers, 18 inch height at planting. l.&li~~@Ei(,~_•,•,lr6eiicuine~, '-rvii:virneig~lRT~pi~=ti~i~ (6-}~5,~ Allow for Ilex glabra (Inkberry) as an approved plant species in 3 gallon containers, 16 inch height at planting to accommodate the 50% native plant material requirement. (~-}~ Allow for Viburnum obovatum (Walter's Viburnum) as an approved plant species in 3 gallon containers, 16 inch height at planting to accommodate the 50% native plant material requirement. `DRAFT' {$)~ Allow for Crinum ~~~ asiaticum (Asian Crinum Lily) as an approved plant species in 3 gallon containers, 14 inch height at planting to accommodate the 50% native plant material requirement. (8) Allow for Illicium floridanum (Florida Anise as an approved plant species in 3 gallon containers, 18 inch hei hg t at planting to accommodate the 50% native plant material requirement. (9) Allow for Zamia pumila (Coontie) as an approved lp ant species in 1 allon containers, 10 inch hei hg t at planting to accommodate the 50% native plant material requirement. (10) Allow for Gaillardia pulchella (Indian Blanket) as an approved plant species in 1 gallon containers, at planting_to accommodate the 50% native plant material requirement. (11) Allow for Galphimia rates (,T , alis, as an approved plant species in 3 gallon containers, 18 inch hei hit at planting: (n) Construction and Use of Model Homes. Prior to the recording of the final plat, the City agrees to permit Morrison Homes to construct model townhome units under the following conditions: (1) The model townhome units shall be contained in a single building and shall not exceed four (4) individual units. (2) The model townhomes shall remain under Morrison Homes ownership and control until such time as the final plat is recorded by the City and a final certificate of occupancy for each unit is issued under the conditions set forth below. In other words, Morrison Homes shall not contract for sale, sell, or lease any of the individual model `DRAFT' townhome units until such time as the City approves and records the final plat for the Project and issues a final certificate of occupancy for each unit. (3) Prior to construction, the model townhomes shall be duly permitted by the City in accordance with all City Codes. As part of the building permit application, Morrison Homes shall submit, along with all construction plans for the townhome units, a duly certified boundary survey which shall depict the location and legal description of the model townhome site and each individual model townhome lot. Morrison Homes acknowledges and agrees that this legal description is intended to coincide with the eventual location of the townhome lots as depicted and legally described on the final plat. Morrison Homes assumes full and complete responsibility and liability in the event that said legal descriptions do not conform to the lot lines required by the City in the final plat. (4) At such time the Building Official completes and approves a final inspection of the model townhome units, the City will issue a ten~s~~} certificate of ee~~y completion. Said ~rgemry certificate of eE~ completion shall be issued for the model townhouse building as a whole, not by individual units. Occupancy of the townhome units shall be limited to the sale and marketing efforts for the Project. In addition, Morrison Homes shall have the right to utilize one garage in the model townhome building as a temporary sales office. (5) At the request of Morrison Homes or at such time the Project development is completed, whichever occurs sooner, the model townhome units shall be converted in to permanent residential units and the City shall issue individual certificates of occupancy for each model townhome unit; provided, however, the final plat is approved and recorded by the City and the Building Official determines that the units are suitable for permanent residential occupancy and in compliance with the City Code. `DRAFT' (o) Retaining Walls. Partial and full retaining walls are proposed to provide additional storage volume within stormwater ponds. The walls will consist of a keystone modular unit or equal product. (p) Trees Located Under Power Lines. Deviations to criteria established in Section 20-469, Buffers and walls, of the City of Winter Springs Land Development Code shall be approved as follows: Due to the overhead power lines along the western project boundary, 2-1/2" caliper single stem crape myrtles on 40' centers will be provided in lieu of shade trees at 75' on center. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 8. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Morrison Homes as to the subject matter hereof. Section 10. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 11. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs Commission and execution of this Agreement by both parties. `DRAFT' Section 12. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Morrison Homes is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law. Section 15. City's Police Power. Morrison Homes agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 16. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 17. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve Morrison Homes or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Section 18. Third Part~ghts. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. DRAFT' Section 19. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity. Section 20. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. Section 21. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in Morrison Homes or on the Subject Property. DRAFT' IN WITNESS WHEREOF the parties have hereunto set their hand and seal on the date first above written. Signed, sealed and delivered in the Presence of the following witnesses: Printed Name of Witness Morrison Homes, LLC, A Delaware corporation By: Printed Name of Witness Jonathan White Land Manager CITY OF WINTER SPRINGS, a Florida Municipal Corporation, ATTEST: By: JOHN F. BUSH Mayor By: ANDREA LORENZO-LUACES City Clerk STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by Brian Martin, as Land Manager of Morrison Homes, a Delaware corporation, who is personally know to me or who has produced as identification. Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Commission No.: My Commission Expires: `DRAFT' EXHIBIT "A" (FINAL ENGINEERING PLANS) Final Engineering Plans are on file at: City Hall City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 `DRAFT' EXHIBIT "B" PROPERTY That certain piece, parcel and tract of land located in SEMINOLE County, Florida, described as follows: LEGAL DESCRIPTION Parcel "A" That part of Tracts "I" and "K", The Highlands Section Three, as recorded in Plat Book 17, Pages 48 and 49 of the Public Records of Seminole County, Florida, described as follows: Begin at the Southwest corner of aforesaid Tract "I", said Southwest corner being on the Northerly right-of--way of the Longwood-Wagner Road (State Road 434); thence N11'49'30"E along the East line of said Tract "I", 1192.46 feet; thence 578' 10'30"E, 103.67 feet; thence S04'45'18"W, 444.17 feet; thence 543'17'52"E, 123.07 feet; thence 507'50'42"W, 73.65 feet; thence 532' S3' 13"E, 72.19 feet; thence 561' 03'27"E, 181.93 feet; thence 548' 27'52"E, 170.96 feet; thence S65' 10'55"E, 122.27 feet; thence N86' 12'20"E, 521.26 feet; thence 500'49' 13"E, 338.07 feet; thence N89'S9'34"W, 735.75 feet to the aforesaid Northerly right-of--way; thence N82' 53'31"W, 614.65 feet along said North right-of--way line to the Point of Beginning. Containing 14.761 acres more or less. Parcel "B" That portion of Lot 57, Block D, D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida lying North of State Road 434 and West of the Florida Power Corporation Easement. Containing 0.229 acres more or less. All the above described containing 14.991 acres more or less. ~~ `DRAFT' EXHIBIT "C" Refer to attached