HomeMy WebLinkAbout2007 07 23 Regular 602 Conceptual Development Plan For Winter PlaceCOMMISSION AGENDA
ITEM 602
Consent
Information
Public Hearin
Re ular X
Julv 23, 2007
Meeting
MGR. ,/~' /De t.
REQUEST: The Community Development Department requests the Commission consider a
conceptual development plan for a 338 unit town-house and patio home development on
approximately 47.09 acres, located on the south side of Shepard Road, north of Florida Avenue,
east of Boat Lake, and unmediately adjacent to the west side of the Wildwood residential PUD.
PURPOSE: The purpose of this Agenda Item is for the Commission to consider, provide
comment on, and approve, approve with conditions and/or modifications, or disapprove a
conceptual development plan for 127 town homes (a.k.a. park home units) and 211 patio homes
(a.k.a. pull-apart units) on 47.09 acres prior to the applicant proceeding with the PUD and
subdivision processes.
APPLICABLE REGULATIONS:
Comprehensive Plan
Chapter 5, City Code.
Chapter 9, City Code.
Chapter 20, City Code.
Development Agreement of June 14, 2006
CHRONOLOGY:
June 12. 2006- Adoption of the change of Future Land Use from "Industrial" to "Medium Density
Residential" on the Dittmer parcels.
June 14, 2006- Execution of Development Agreement related to Dittmer parcels.
July 24, 2006- Adoption of the change of Future Land Use from "Industrial" to "Medium Density
Residential" on the Elsea and Florida Avenue parcels, including certain directives to be
subsequently addressed.
May 30, 2007 - City Corrunission directed the applicant to try to work out as many issues as
possible with staffbefore coming back for final concept approval, and requested that the applicant
provide a statement from the power company regarding the use of the easement area, as indicated
on the concept plan.
July 23, 2007
Regular Item 602
Page 2 of 8
CONSIDERATIONS:
Overview
Access to the property is from Shepard Road to the north and Florida Avenue to the south.
A 100' wide Progress Energy power line easement borders the eastern and northern perimeter of
the site and buffers the site from the adjacent residential Wildwood PUD to the east. A
combination of commercial and industrial uses, border the property to the west along US 17-92.
Industrial properties, vacant land, and Highland Elementary School are to the north along Shepard
Road and to the south of Florida Avenue are single family residential homes. One of the City's
waste water treatment plants abuts the SE corner of the site.
The site is predominantly open, vacant property (with some structures located along the southern
end of the site, near the Florida Avenue ROV~ and with some portions containing mature trees.
Topography slopes from a highpoint of about 70 feet along the west side to a low of about 39 feet
along the east side (under the power line). An existing lake, known as Boat Lake is located along
the west perimeter of the property. The water level in Boat Lake, which has a baseline 100 year
floodplain elevation of 55 feet, was measured at 48.5 feet on May 4, 2006 (all elevations are NGVD
1929).
The tree survey, soils report, and environmental survey have not been submitted for the site.
The aerial photograph submitted by the applicant for the May 29 Commission meeting did not
correctly depict the area drawn on the plan.
Previous Approvals & Associated Discussion
The majority of the site has PUD zoning, thought to be from at least the 1980s. No record of this
PUD zoning has been located, except an expired industrial subdivision plan. The other properties
have G2 zoning and need to be rezoned to a PUD designation.
A large scale Future Land Use (FLU) amendment was adopted on June 12, 2006, for the Dittmer
parcels, which changed the Future Land Use map designation from "Industrial" to "Medium Density
Residential" (3.6 - 9.0 D.U./acre). A Development Agreement was approved on June 12, 2006,
before the small scale FLU amendments for the Elsea and Florida Avenue properties (2.93 acres)
were heard on first reading (June 26, 2006). The Development Agreement requires a buffer
between the proposed project and the properties to the west (6' high wall atop a 5' berm - the berm
to include trees, shrubs, and irrigation), dedication of an appropriate amount of land as a park for
the residents of the project (to be built pursuant to National Recreation Association standards), and
a school mitigation payment of $1,235.00 per unit in addition to the school impact fees.
Throughout the FLUM amendment process, the applicant and their attorney represented the
applicant's request as a proposal for a maximum of 334 (townhouse) units.
A small scale Future Land Use amendment, was adopted on July 26, 2006, for the Elsea and Florida
Avenue properties, which changed the FLUM designation from "Industrial" to "Medium Density
Residential" (3.6 - 9.0 D.UJacre). Commission directives (to be included in a subsequent
development agreement) require unity of title, removal of the property acreage from the density
calculation, provision of adequate easements over the existing ROW should it be vacated, and
require that the Florida Avenue properties not be developed with units, but rather be used as a
buffer for storm-water or greenspace, due to the Public Works Director's concerns about locating
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July 23, 2007
Regular Item 602
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residential units near the existing waste-water treatment plant. During the public hearings for the
FLU amendments, the applicant's attorney spoke more than once of excluding these separate
properties from the density equation, resulting in no increase in density beyond the 334 number of
units proposed.
At the land use plan amendment hearings as well as during the May 30, 2007 concept plan
discussion, considerable discussion was devoted to provision of ineaningful open space and green
space.
Transportation
The proposed development is seeking to have all of its direct ingress through one entrance located
on from Shepard Road. Shepard Road is a City controlled local roadway.
Egress is proposed onto Shepard Road at the entrance road or onto Florida Avenue, located at the
south end of the site. Florida Avenue is a County controlled local roadway. County approval will
be required for any access offof Florida Avenue to or from the site.
The egress connection with Florida Avenue should be relocated to move it away from the curve in
the existing roadway. The roadway connection should be located at the existing intersection near
the west end of the property, or it can be approximately halfway between the curve and the existing
intersection.
A traffic impact study is required for the project as a part of the final engineering. Approval of this
concept plan does not signify that the project meets concurrency for transportation or any other
aspect of the City's concurrency requirements. ;
Transportation Element, Policy 1.6.2 requires residential development greater than 200 units to
incorporate a bus stop location. Policy 1.6.5 states that bus stops are to include benches, signage,
lights, protection from the elements, and are to be convenient for the handicapped. The
Transportation Element contains other policy requirements for bike and pedestrian paths as well as
consideration of public transit. Policy 1.5.13 requires new residential development with densities of
one or more dwellings per acre to provide sidewalks on both sides of every street.
PLANNED UNIT DEVELOPMENT
PUD Part "A"
The City Code provides for two (2) different types of PUD approvals: Part A and Part B. Since the
May 30 Commission meeting, the applicant has announced a preference for Part "A," although staff
believes the Code requires the project to pursue the Part "B" PUD. Section 20-352 of the City
Code sets forth the purpose and intent of the Part "A" PUD as follows:
(1) "To provide for planned residential communities containing a variety of dwelling unit types
and arrangements, with complimentary and compatible commercial centers with supportive
residential and/or complimentary and compati~ble residential and/or commercial land uses, all
designed to promote the public health, safety and general welfare.
(2) To allow diversification of uses, structures and open spaces compatible with adjacent land
uses.
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July 23, 2007
Regular Item 602
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(3) To preserve the natural amenities and environmental assets of the land by encouraging the
preservation and improvement of scenic and functional open space areas.
(4) To encourage flexible and creative concepts in site planning that will allow an increase in the
amount and usability of open space that is possible through conventional practices.
(5) To encourage an environment of stable character.
(6) To encourage a more efficient use of land and smaller networks of utilities and streets than
is possible in other zoning districts.
(7) To allow for the creation of well-balanced communities that provide basic recreational and
supportive facilities.
(8) To ensure that development will occur according to the limitations of use, design, coverage
and phasing as stipulated on the preliminary and final development plans."
Subsection 20-353 (1) states the following about permitted uses in Part "A" PUDs:
" Planned residential communities. Residential dwelling units, including but not limited to
detached single-family, patio homes, garden apartments, condominiums, cooperative apartments,
townhouses, provided that all are compatible with each other; complimentary and compatible
supportive commercial and/or industrial land uses designed to create an aesthetically pleasing and
harmonious environment."
Section 20-351, the definitions section for the Part "A" PUD, excludes "Land devoted to schools,
utilities and water areas ..." from the gross residential density calculation. It appears that the 47
acres may include lake as well as power line areas and is proposed to include a sizeable storm-water
pond.
Part "A" PUDs allow a density of 4.5 single family units, 7.0 patio homes, or 10 townhouse units
per acre (Subsection 20-354 (b) (4)).
PUD Part "B"
A different purpose and intent statement is provided in Section 20-377 for Part "B" PUDs.
Subsection 20-377 (1) states part of the intent and purpose as"To provide for planned, and
architecturally controlled residential communities allowing a diversification of structures. .."
Subsection 20-379 (1) states the following about pernutted uses in Part "B" PUDs:
"Planned residential communities. Residential dwelling units, including but not limited to
detached single-family homes, patio homes, apartments, condominiums, and townhomes,
provided that all are compatible with each other. Complementary and compatible
supportive commercial land uses, if included must not exceed five (5) percent of the net
acreage and must be designed to create an aesthetically pleasing and harmonious
environment."
Section 20-376, the definitions section for the Part "B" PUD also excludes "Land devoted to
schools, utilities and water areas..." from gross residential density. It further excludes land
"...devoted to water areas, commercial land uses, utilities, common open space" as well as"Land
which has been declared environmentally sensitive by the state department of environmental
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July 23, 2007
Regular Item 602
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regulation" [now Florida Department of Environmental Protection] from net residential density
calculation.
Part "B" PUDs allow a density of 4.0 single family units, 6.0 patio homes, or 10.0 townhouses per
acre. The applicant's proposal exceeds this density at 47 acres if we consider the "pull-apart" units
patio homes, rather than townhouses (51.1 acres needed). If the 109 detached "pull-apart" units are
considered single family units, the applicant needs 60.2 acres. At the June 26, 2006 FLU
amendment hearing (June 26, 2006, Public Hearing No. 200, Ordinance No. 2006-OS), the
applicant's counsel stated that the 1.17 acres along Florida Avenue and the 1.72 acre Elsea property
(Ordinance No. 2006-06) were not to be included in density calculations. This is documented in the
attached minutes from Public Hearing No. 200, on June 26, 2006. The motion on Ordinance No.
2006-06, addressing the 1.72 acre Elsea property, supports this statement. If the applicant is
required by their proposed uses (residential only) to pursue the Part "B" PUD, they must provide
enough developable land (consistent with the PUD sections of the Code as well as the FLU
designation) to support their proposed densities consistent with Code or may be required to either
lower the density of development or provide a different mix of units.
Proposed Concept
Although the applicant previously represented the project as having a malcimum of 334 (townhouse)
units, the proposed concept includes a total of 338 units comprised of 127 town homes and 211
"pull-apart" (or patio home) units accessed by a private gated entrance offof Shepard Road. This
concept still does not fully reconcile with the applicant's previous commitment or with the City's
PUD regulations.
The "pull-apart" units have garages that face the street, while the town home units face narrow
greenspace areas that open onto the perimeter greenspace/walk. The 211 "pull apart" units (150
with 2-car garages; 61 with one car garages) are predominant throughout the project. The 127
town home units (52 with 2-car garages; 75 with one-car garages) have garages that open onto
alley-ways and are arranged in a U-shape at the southern end of the site, near the storm water
ponds, the sewage treatment plant site, and the southern exit onto Florida Avenue. The "pull apart"
units utilize 22' long driveways between the garage door and the sidewalk. The plan states there
are 361 driveway parking spaces, in conjunction with 212 on-street parking spaces, for a total of
843 parking spaces. The 136 single car garage units comprise 40 percent of the units (75 town
homes/park homes and 61 patio homes/pull-aparts = 136; 136/338 = 40 %).
The site has numerous opportunities and constraints. The proposed concept, although much better
than that brought to the Commission on May 30, 2007, could take more advantage of the site's
opportunities. Borrowing on what staff learned from designer Randall Arendt and considering the
existing 31-foot elevation change, lakefront, existing mature trees, the adjacent wastewater
treatment plant site, adjacent commercial and industrial uses, and the power company's large
transmission lines, staffrequested the applicant have a landscape architect provide the basic site
layout.
A recreation area is located on the east side of Boat Lake and is connected to a perimeter green-
space and walking trail. This centrally-located feature is considerably better than the previous
iteration. Although no units front on the recreation area, it has been designed so that only 6
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July 23, 2007
Regular Item 602
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driveways directly face the recreational area. There appears to be a good connection to and from
the proposed open space/trail facility under the power line.
The plan includes deviations from the City Code, such as on-street parking (both parallel and 90
degree), narrow right-of-way (ROW) and travel lane widths. Deviations from the Code could be
granted when they are considered as an enhancement to the project and if enabling language exists
for inclusion in a development agreement.
The plan also proposes to modify the provision in the existing development agreement for a buffer
wall along the western property line in lieu of the 5 foot tall berm and 6 foot tall wall combination
in the approved but not executed development agreement.
Staff Comments & Recommendations
Staff reviewed the proposal and offered comments to the applicant prior to the May 30 meeting.
Staff stressed that to deviate from either the Code or the 334 maximum units that had been
discussed during the FLU amendment process, the applicant should, as a quid pro-quo, consider:
^ Creating a sense of place (places that promote positive social interaction and community
life) - the current design, with the centrally located park, does a much better job than
the previous iteration; the configuration of the units adjacent to the park, although
not fronting on the park, are organized to create a visual and social path to the park
(all the way from the power line easement); the proposed paseos, extending east/west
and north/south enhance the social and visual connections of the community; this
item has been partially met;
Building on the strategic advantage of location, topography, the lake, and existing
vegetation - the applicant has opted not to have a landscape architect design the site
around the existing topography and vegetation; the proposed density somewhat limits
the ability to work with the existing topography and vegetation; this item has been by-
passed;
Creating a pedestrian and bicycle-friendly environment - this design is more pedestrian
and bicycle friendly than the previous design; a significant factor will be the
provision of pedestrian-friendly paseos or promenades, with large useable ~rst and
second floor windows "fronting" these areas, to create the "eyes on" safety factor; no
bus stop (with amenities) has been depicted (should be provided on the south side of
Shepard Road), although required by the Comprehensive Plan; additional sidewalks
must be provided, as required by the Comprehensive Plan; and the applicant still
must provide documentation from the power company, explaining what is allowed
and what is prohibited in the power line easement (staff has advised the applicant
that a statement from the power company is a requirement of the May 30 motion);
this item has been partially met;
Providing meaningful scenic vistas, a centrally located clubhouse and usable recreation
area that not only provides a terminating vista from Shepard Road, but is also in a central
and pedestrian acessible location - the current design does not provide a terminating
vista from Shepard Avenue (although possibly from Florida Avenue), but provides
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July 23, 2007
Regular Item 602
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scenic vistas and has considerably enhanced the initial layout of the clubhouse and
primary recreation area; this item has been partially met;
Providing strategically located traffic roundabouts for both traf~ic and aesthetic purposes -
the proposed traffic roundabouts are probably not strategically located, but (with the
exception of the 2 adjacent the park, which are largely aesthetic) are functional and
serve both traffic calming and aesthetic purposes; this item has been partially met; and
Providing workforce housing options (e.g. accessory dwelling units over garages) with
appropriate parking - the applicant has thus far declined this item.
The existing development agreement requires a 5-foot tall berm with a 6-foot tall wall along the
western property boundary. At a 3:1 horizontal to vertical slope, the berm would extend at least 30
feet inward from the western property line. A flat area on top of the berm (where the wall will be
located) would require the berm to be even wider. The proposed concept layout does not provide
enough width along the western property boundary for this berm. In fact, given the scale of the
plan, 30' extends over the trail and into the buildings and vehicle accommodation areas. The
applicant currently proposes to replace the berm, wall, and plantings buffer proposal with a
wall and plantings. Staff is of the understanding that the wall is proposed to be eleven (11)
feet tall.
The applicant has stated a decision to pursue the Part "A" PUD (sections 20-251 thru 20-362),
which requires planned residential communities to provide complimentary and compatible
supportive commercial or industrial uses. The Part "B" PUD (sections 20-376 thru 20-389) does
not appear to require this mix of uses, only different types of residential (for planned residential
communities) - making the inclusion of commercial or industrial uses an option, rather than a
requirement. Although industrial and commercial uses are adjacent to the site, it is questionable
how complimentary, compatible, or supportive they are to the residential development. It should be
noted, however, that all of the applicant's previous discussions with the commission have focused
on a solely residential subdivision. Further, the Part "A" PUDs allow a density of 7.0 patio homes
(at 2 stories) and 10.0 townhomes (at 3 stories), while Part `B" PUDs allow a density of 6.0 patio
homes (at 2 stories) and 8.0 townhomes (at 2 stories). The applicant needs to demonstrate that
they can meet the requirements of the applicable PUD section, given the area that may and may not
be allowed for the density calculation by code and the area that the applicant has voluntarily
withdrawn from the density calculation during the FLU map amendment process.
Staffadvised the applicant that the May 30, 2007 Commission vote included documentation from
Progress Energy stating what is and what is not allowed in the power line (transmission line)
easement. Staffhas not seen this documentation.
FINDINGS:
1. The proposed development has a Medium Density Residential future land use designation,
which allows a residential density range of 3.6 to 9.0 dwelling units per acre.
2. The majority of the parcels (7) have PUD zoning; the other 4 parcels have C-2 zoning.
3. There is an existing draft development agreement on the Dittmer parcels; Commission
directives for a development agreement were given related to the Elsea and Florida Avenue
properties, but a development agreement has not been drafted or executed. The applicant
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July 23, 2007
Regular Item 602
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proposes to amend the development agreement to provide a wall and landscaping in lieu of a
6' tall wall on a 5' tall berm and plantings.
4. Any deviations from the Code must be addressed through a development agreement, special
exception, variance, or some other appropriate mechanism.
5. The PUD part "A" that the applicant has chosen, since the May 30 Commission meeting,
requires planned residential communities to provide a complimentary and compatible mix of
supportive commercial or industrial uses. The Part "B" PUD does not contain this mixed
use requirement.
6. Both PUD sections (Part "A" and Part "B") of the City Code set forth maximum density for
different housing types and disallow certain areas from the density calculation. The densities
and areas allowed for density calculation are different in the Part "A" and Part "B."
7. Certain areas of the subject property were voluntarily excluded by the applicant's counsel
from density calculations on June 26, 2006 at the public hearing.
8. Staffbelieves density and residential unit type allowed under the City's PUD requirements
are contingent upon the applicant demonstrating adequate land area that is allowed for
density calculation.
RECOMMENDATION:
Staffrecommends the City Commission consider, provide comment on, and approve, approve with
conditions and/or modifications, or disapprove the conceptual development plan with consideration
of the attached staff comments and the May 30, 2007 Commission requirement regarding the power
line easement. The proposed density and mix of units should be contingent upon the applicant (1)
applying the pertinent PUD regulations and (2) demonstrating that adequate land area that may be
included in the density calculation is provided.
ATTACHMENTS:
A - Location Map
B- June 26, 2006 Commission Minutes
C- July 24, 2006 Commission Minutes
D- May 30, 2007 Commission Minutes
E- Development Agreement, executed on June 14, 2006
F - Concept Plan
COMMISSION ACTION:
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ATTACHMENT B
C1TY OF WQTTER SPRINGS, FLORIDA
MINfl17'ES
CITY COMM1SSlON
REGULAR MEETING - JUNE 26, 2006
PAGE 3 OF 31
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTAT[ONS
100. Office Of City Commissioner Joanne M. Krebs
Requests That The City Commission Listen To City Of Winter Springs Resident
Katie Tortosa's Presentation On Issues Related To Preserving The Besutiful
Environment Of The City Of Winter Springs, Florida.
As noted earlier in the Meeting, this Agenda Item was to be rescheduled to a July 2006
City Commission Regular Meeting.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
200. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of
Ordinance 2006-05, A Small Scale FLUM (Futare Land Use Map) Amendment
Which Changes The Future Land Use Map Designation Of Two (2) Parcels Totaling
1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial"
To (City Of Winter Springs) "Medium Density Residentiat".
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department presented this Agenda Item.
"MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER
NIILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Deputy City Clerk Franklin read Ordinance 2006-OS by "Title" only.
Ms. Sahlstrom stated, "This did go before the Local Planning Agency. Their
recommendation for this Land Use action was to disapprove it. Their concerns were
related to the loss of Industrial land which was also their concern with the Large Scale
Amendment. Then also, cornpatibility with the adjacent Wastewater Treatment Plant.
C1TY OF WINTER SPRINGS, FLOR[DA
MINU'CES
C17'Y COMMISSION
REGULAR MEETING - JUNE 26, 200G
PAGE 4 OF 31
I will make mention at this time that [Mr.] Kip Lockcuff [P.E., Director, Public
Works/Utility Department] has indicated a concern relating to the use of this property if it
were to have townhomes built on it. Because of incompatibility with the Wastewater
Treatment Plant, but if it were to remain as retention or common azea, he would not have
a concern.
Staff does support the change of the Land Use. We don't know how the Applicant would
intend to use it at this time as we have not seen any projected Site Plans or anything like
that. So, Staff does recommend approval of the Land Use Amendment based on the
Findings that we've included in the Agenda packet."
Discussion.
Deputy Mayor Blake asked, "Kip [LockcuffJ, you are talking about a concern of the
adjacent Uses over here? Where exactly in this triangle is the most intensive part of the
Wastewater Treatment Plant?" Mr. Lockcuff stated, "The package plants are located
generally right here, we have some storage tanks here. We do have a holding pond here,
that we do at some point foresee using that access as an egress and ingress to the plan."
Furthermore, Deputy Mayor Blake asked, "Is that Florida Avenue? Is that a County road
or do we have - an Interlocal [Agreement] on that to maintain it? And, what is the status
there?" Mr. Lockcuff stated, "It's a County road."
Deputy Mayor Blake asked, "Would the City be taking over this portion back here? Or,
wouid that continue to exist or is the Applicant envisioning a request to vacate the right-
of-way?" Mr. Lockcuff commented, "They've requested to vacate the right-of-way.
We've requested that we retain an egress and ingress Easement and a Utility Easement
over that fifty foot (50') right-of-way." Deputy Mayor Blake then inquired, "Or, if not
there, some place within that corridor? Have there been any discussions there?" Mr.
Lockcuff answered, "No, we have existing utility lines serving Kia, but the egress and
ingress could move though."
Further discussion.
Mayor Bush opened the "Public Input " portion of the Agenda Item.
Ms. M. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215
North Eola Drive, Orlando, Florida: representing the Keewin Rea1 Property Company,
Ms. Furman commented that "These properties were put under contract and then we've
made this Application in order, really in response to the Staff's concern over this little
piece being left as an Industrial enclave. It really didn't make a lot of sense to have this
Industrial, these two (2) small Industrial properties right next to the Single-Family. So,
that's why we brought them in; it's not to increase our density. I know that some of our
applications have shown that our intention was somewhere in the number of three thirty
four (334).
C1TY OF WINTER SPRINGS, FLORIDA
MINl1TES
CITY COMMISSION
REGULAR MEETING - JUNE 26, 2006
PAGE 5 OF 31
We'll bring a Site Plan and the PUD (Planned Unit Development) back before you all,
but it's not our intention to increase that. It was actually to respond to the Staff's
concerns. We would like to be able to put retention or open space, something like that,
but having not gone as faz as to understand the hydrology yet and the topography of how
you could actually put it there, we don't know if anything would go there, if nothing
would go there, but we certainly are intending on having units all the way down there."
Commissioner Gilmore asked, "Does that apply to both [2006-]OS and [2006-J06, or just
[2006-]OS?" Ms. Furman replied, "Not to'06 and I'll speak to that or I'll speak to it then.
That actually squazes out the property and with the Staff s suggestion we agree that
makes a lot more sense to bring that in. So, it wouldn't increase, we're not asking for an
increase of the density, but it may be spread out over that pazcel."
Deputy Mayor Blake asked Attorney Garganese, "This parcel that's under consideration
currently - if we had a dii~erent designation on that, that wasn't low-density or some
Residential Land Use, say for instance, if it was required to be left in either conservation
or open space or could only be used for green space or retention, would those acres be
included in the overall density development?" Attorney Garganese stated, "We can
address that, those issues in a Development Agreement."
Deputy Mayor Blake asked, "But would it change the actual Future Land Use designation
that we might put on it today? What I am looking for is some level of surety that this
parcel or these two (2) parcels azen't actually going to be developed with units, but would
act as a buffer, as green space, it would provide the issue with utilities, it would provide
some sort of a green space buffer for the residents that live there and still can provide the
open space requirements that they might have or retention without. Because - we are
talking about tonight, not the Site Plan, we are talking about the Land Use designation."
Attorney Garganese noted, "And this issue came up this afternoon. I talked to Becky
[Furman] about it and I was looking through the Comprehensive Plan to see if there was
something we could do by changing the Future Land Use designation, but given the
amount of time we discussed it today, one thought I had was doing a Unity of Title
Agreement which would require the Property Owner to unify all of this property as one
Development project and then place limitations. Because they're going to be going
through - a PUD (Planned Unit Development) process. In the Unity of Title Agreement,
we can place limitations on this property, for example, saying it could be used for
Stormwater purposes, perhaps. And - if you have some green space requirements, we
could certainly put that in the Unity of Title Agreement. And - with respect to density
calculations, I guess you want to exclude those, right?"
Deputy Mayor Blake stated, "Well, that is the question - how it would normally be done
if we didn't go through the steps that you were just talking about. Now, would it be part
of the density calculations?" Attorney Gazganese answered, "I would think we can agree
to that beforehand." Ms. Furman stated, "We'd be happy to agree to that. That's not our
purpose."
C[TY OF WINTER SPRRJGS, FLORIDA
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CITY COMMISSION
REGULAR MEETING - JUNE 26, 2006
PAGE 6 OF 31
Ms. Furman added, "I looked at your open space requirements because I didn't want to
agree to open space and then find out that if it's designated open space we can't give you
all access across open space. Certainly, not across Conservation. We wanted to be able
to put Stormwater because, I mean, economically we are purchasing these pieces of
property and we're not just purchasing them to be a buffer, and if they do have some use
that's not intrusive to those neighbors, we'd like to be able to use it to benefit the
property."
Attorney Garganese stated, "So, the answer is, I mean if you want to condition this
approval on putting a Unity Title or Development Agreement together in advance of their
PUD (Planned Unit Development) submission, we could go ahead and do that between
now and Second Reading."
Commissioner Sally McGinnis stated, "What would be the Future Land Use designation -
that's what you're just dealing with?" Attorney Garganese stated, "You would keep it as
proposed at what Staff is supporting, however it's going to come with limitations that
would be in the form of a Development Agreement."
Ms. Furman stated, "Well, PUD's (Planning Unit Developments) even have several Uses
- different Comp[prehensive] Plan designations also get a little tricky. Again, we're just
talking about the -O5, I mean, we are planning on putting units on -06."
Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: as a resident and
representing the Highlands Homeowner's Association, Ms. Schwarz mentioned historical
references and expressed opposition to this project.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Regarding comments from Ms. Schwarz, Commissioner Robert S. Miller commented that
"Mayor, I just wanted to point out that all of these Hearings on these discussions have all
been in an open forum and the Highlands have been invited to all of these. So, I thinlc the
fact that the statement was just made that, you know, their contribution has been totally
ignored or they don't have any say in this matter, I don't think that's appropriate. I
would like to make sure the Record reflects that - they have been notified about all these
issues and they've attended them all. And, this thing about the Golf Course, I find very
troubling because I think the City has bent over backwards to try and make that an issue
that is going to turn out well for the City of Winter Springs and for the Highlands.
So, I don't really understand what their issue is with regard to the Golf Course. I'm as
interested in making sure that either stays a Golf Course or if it doesn't, that the City
purchases that property and turns it into park property of some form that the entire City
would get to benefit from.
CITY OF WINTER SPRINGS, FU}RIDA
MINUTES
CITY COMMISSION
REGULAR MEET lNG - JUNE Z6, 2006
PAGE 7 OF 31
And, we've had that discussion here one or two times, I've raised that several times, but
yet it - continues to be ignored and presented to the people of Highlands as if this City
Commission is only interested in developing that as residential property and that is not
the case. So, I'd like that to be put on the Record very clearly. And, I hope that we don't
get more criticism for abandoning the Golf Course because that is not the case."
Ms. Sahlstrom stated, "This piece of property has been cleared. It's got a few trees on the
perimeter, but primarily it's been cleared - it could act as a buffer from distance point of
view, but it would have to be re-vegetated to be a visual buffer."
`~I MAKE A MOTION THAT WE MOVE TO A- SECOND READING FOR
ORDINANCE 2006-05..." MAYOR BUSH ASKED, "...COMMISSIONER, DID
YOU WANT TO INCLUDE WHAT ANTHONY [GARGANESE]
RECOMMENDED ON UNITY OF TITLE...?" COMMISSIONER MILLER
STATED, "YES, WITH THE iJNITY OF TITLE..:'
ATTORNEY GARGANESE STATED, "...NO RESIDENTIAL UNITS; STORM
WATER WOULD BE OKAY, BUT NOT INCLUDED IN THE DENSITY
CALCULATION FOR THE OVERALL PROJECT..." COMMISSIONER
1VIILLER STATED, "...TO INCLUDE NOTICE, ISSUES, THOSE QUESTIONS."
ATTORNEY GARGANESE STATED, "YES, SIR." MOTION BY
COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE.
DISCUSSION.
VOTE:
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER KREBS: NAY
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED. ,
PUBLIC HEARINGS
201. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of
Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map} Amendment
Which Changes The Future Land Use Map Designation Of One (1) Parcel Totaling
1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To
(City Of Winter Springs) "1V~edium Density Residential".
Mayor Bush said, "Can we have a Motion to read by `Title' only?"
CITY OF WINTER SPRINGS, FLORIDA
MiNUTES
CITY COMMISSION
REGULAR MEETING - JUNE 26, 2006
PAGE 8 OF 31
"SO MOVED:' MOTION BY COMMISSIONER GILMORE. SECONDED BY
COMMISSIONER MILLER DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2006-06 by "Title" only.
Ms. Sahlstrom stated, "This Item also went to the Local Planning Agency and for the
same reasons as previously stated or the other one was recommended for denial with a
Vote of four to one (4-1) and concerns were related to the loss of Industrial property
particulazly related to the Large Scale Future Land Use Map (FLUM) Amendment as
well.
Staff does, however, recommend approval of this, given that it does square off - a
development that you've already approved for an Amendment - that completely
surrounds it on three (3) sides and we would not want to see an enclave of Tndustrial in
the middle of all of that. And, the Comp[prehensive] Plan supports removal of
incompatible Uses and we would feel that this would remain as an incompatible Use and
therefore it's very much justified; and the Findings are included in your Staff Report
based on the Criteria stated in the Code and we believe this property does meet the
Criteria for a change of Land Use."
Commissioner Gilmore asked Ms. Sahlstrom, "In the Findings, and this appeazs in most
of them, it says, `At such time as the site develops the proposed Development will be
required to meet Concurrency standazds'. If the State passes the Concurrency law, let's
say in early [20]'08 and this project doesn't go until [20]'08, dces that mean that they
would have to meet the School Concurrency standards at that time?"
Ms. Sahlstrom answered, "We do have Concurrency standards in place now, if you aze
speaking to the School one year, right, it will not be passed until [20]'08. We will have
to meet the Concurrency standards that are implemented in our Comp[prehensive] Plan as
part of that [20]'08 requirement. VJhatever those requirements are - this would need to
be met, if this is not approved as the Site Plan prior to that Comp[prehensive] Plan
language being implemented."
Commissioner Gilmore asked, "The word was `site develops'. What does `site develops'
mean?" Ms. Sahlstrom replied, "Well, when it comes through Development Review and
it comes to you for Final Engineering approval, then it's given the `Okay' to develop
according to those plans."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
C[TY COMMISSION
REGULAR MEETING - JUNE 26, 2006
PAGE 9 OF 31
Continuing, Commissioner Gilmore then inquired, "So if they don't have that all done by,
let's say the time the State puts through Concurrency, they may have some difficulties?"
Ms. Sahlstrom stated, "I think you have a good point, the word `develops' is not the best
word to be used."
Manager McLemore stated, "I appreciate Eloise's [Sahlstrom] statement, but this is a
legal question and I think that the City Attorney should answer this question. I would
like to reiterate what the School Board said the other night, is that Concurrency, based on
the way they have developed an Ordinance at this point in time, would involve either
them being able to meet their enroliment requirements or some type of mitigation."
Tape 1/3ide B
Attorney Gazganese stated, "There's no clear answer right now on which properties get in
under the wire and which properties don't. I mean you're in the process of putting
together an Interlocal Agreement on School Concurrency and - it's going to be very
factual - which properties get in and which properties don't, under what's going to be
adopted eventually. Can't give you a cleaz answer right now."
Deputy Mayor Blake stated, "I just want to clarify something. Eloise [Sahlstrom], you
mentioned that the property is surrounded on three (3) sides by a separate or a different
Land Use." Ms. Sahlstrom stated, "Right, based on your Action at the last Meeting
where you Approved the Large Scale Amendment..." Deputy Mayor Blake replied,
"...But, all we Approved was the Transmittal." Ms. Sahlstrom stated, "You Approved
the Adoption of it and it's being transmitted to the State for final `Letter of Intent of
Compliance' which has not been put forth by the State yet."
Discussion.
Continuing, Deputy Mayor Blake stated, "My only concem is that if one of the basis for
which we're changing the Future Land Use of this Item which doesn't go through that
same Large Scale process, that I would want to make the actual effective date of this
change, one that woutd coincide with the removal of the challenge period on the Large
Scale plan. That would avoid a reverse situation problem where if the other one for some
reason was challenged, was overtumed, for whatever reason, then we don't have - the
same Residential Land Use surrounded by Industrial."
Attorney Garganese, "So, you're willing to have an additional, Conditional Effective
Date language in there for 2006-06..." Deputy Mayor Blalce added, ".. . Yes, instead of
thirty-one (31) days after Adoption, have it coincide..." Attorney Gargarese said,
". .. With the effect, when the Ordinance 2005-29 becomes effective." Deputy Mayor
Blake replied, "Yes."
Brief discussion.
CITY OF WINTER SPRINGS, FIARIDA
MINUTES
CITY COMMLSSION
REGULAR MEETWG - JUNE 26, 2006
PAGE I 0 OF 31
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: representing the
Highlands Homeowner's Association and speaking as a resident, Ms. Schwarz noted
opposition to this project.
Mayor Bush closed the "Publ ic Input " portion of the Agenda Item.
Discussion.
"MOTION TO MOVE TO SECOND READING." MOTION BY
COMNIISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
"MOTION TO AMEND - I MOVE WE AMEND THE MOTION TO INCLUDE
THE NEW DESCRIPTIVE LANGUAGE FOR THE `Effective Date' THAT THE
ATTORNEY WILL CRAFT AND BRING BACK ON SECOND READING."
AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE.
SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE: (ON THE AMENDMEN'1~
COMNIISSIONER McGI1vNIS: NAY
COMNIISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: .NAY
MOTION CARRIED.
DEPUTY MAYOR BLAKE STATED, "THE MOTION THAT IS ON THE
FLOOR CURRENTLY AS AMENDED IS TO BRING THE ITEM BACK TO A
SECOND READING AS PRESENTED WITH THE ADDITIONAL LANGUAGE
THAT WHEREBY THE `Ef~'ective Date' OF THIS LAND USE CHANGE WILL
COINCIDE WITH THE ULTIMATE `Effective Date' OF A LARGE SCALE
AMENDMENT THAT WAS PRESENTED..." COMMISSIONER KREBS
ASKED, "...UNITY OF TITLE...?" DEPUTY MAYOR BLAKE STATED,
"THAT HAS NOT BEEN PART OF THE MOTION."
ATTORNEY GARGANESE STATED, "THE APPLICANT IS SAYING, `NO,
THEY CAN'T DO THAT."
CITY OF WINI'ER SPRINGS, FLORIDA
M[NUTES
CITY COMMiSSiOTi
REGULAR MEETING - JUNE 26, 2006
PAGE 11 OF 31
MS. FURMAN STATED, "WE CAN'T DO IT BECAUSE IT'S A DIFFERENT
PROPERTY OWNER AND WE HAVE DIFFERENT OBLIGATIONS AS TO
CLOSING THAT PROPERTY. SO, WE WILL N.OT OWN TITLE ALL AT THE
SAME TIME TO THESE PROPERTIES. WE WILL AS TO THE LARGE
SCALE AND WE WILL AS TO THE SMALL - AND WE CAN PUT THOSE ALL
TOGETHER, BUT IT MAY BE A COUPLE OF YEARS."
ATTORNEY GARGANESE STATED, "THAT WAS A TECHNICAL DETAIL
THAT I WANTED TO WORK OUT WITH THE APPLICANT, BECAUSE WE
NEED TO KNOW WHEN THEY'RE GOING TO BE CLOSING ON THESE
PROPERTIES. BECAUSE IN ORDER FOR THEM TO DO UNITY OF TITLE, I
DON'T WANT TO BOG THE COMMISSION DOWN WITH THAT ISSUE. BUT,
I THINK IF IT'S POSSIBLE TO DO U1vITY OF TITLE, SO IT'S ALL ONE BIG
DEVELOPMENT PARCEL AND COINCIDES WITH THEIR CLOSING, WE'LL
PUT THAT IN THE AGREEMENT:'
DEPUTY MAYOR BLAKE STATED, "IT'S REALLY RELEVANT TO THIS
PIECE AS WELL, MAYOR, BECAUSE THE PURPOSE OF DOING THAT WA5
REALLY TO PROTECT AGAINST ANY DEVELOPMENT OF THAT PARCEL
RIGHT THERE, BUT TO USE IT FOR GREEN SPACE..." MS. FURMAN
INTERJECTED, "...I AGREE WITH COMMISSIONER BLAKE..." DEPUTY
MAYOR BLAKE CONTINUED, "...OR THE DRAINAGE, OR YOU HAVE TO
MAINTAIN THE ACCESS EASEMENT FOR THE CITY'S USE FOR THE
CIT'Y'S BENEFIT."
VOTE: (ON THE MAIN MOTION, AS AMENDED)
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR BLAKE: AYE
COMNIISSIONER MILLER: AYE
COMMISSIONER KREBS: NAY
MOTION CARRIED.
PUBLIC HEARINGS
202. Not Used
PUBLIC HEARINGS
203. Community Development Department - Planning Division
Reguests The City Commission Hotd A Public Hearing For Second
Reading/Adoption Of Ordinance 2006-09 Which Rezones 2.85 Acres (More or Less),
Located At 1057 U.S. Highway 17-92 North From "C-2 General Commercial"
(Winter Springs) to "I-1 Light Industrial" (City Of Winter Springs).
Attorney Garganese read Ordinance 2006-09 by "Title" only.
ATTACHMENT C
CITY OF WiNTER SPRINGS, FLORIDA
MiNUTES
C[TY COMMISSION
REGULAR MEETtNG - ]ULY 24, 2006
PAGE 5 OF 39
Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: presented the
City with a way to save the City money by providing a step for the men's restroom; along
with a sign.
Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: inquired about the status
of funding for the extension of Orange Avenue, and noted that it would provide an
alternate access point.
Ms. Helga Schwarz, 2200 Shepard Road, Winter Springs, Florida: representing the
Highlands Homeowner's Association's, Mayor Bush stated, "She did not want to address
the Commission; she is submitting Highland HOA's [Homeowner's Association's]
continued objection to Ordinance 2006-05, 2006-06."
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
200. Not Used.
PUBWC HEARINGS
201. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading /
Adoption Of Ordinance 2006-05, A Small Scale FLUM (Future Land Use Map)
Amendment Which Changes The Future Land Use Map Designation Of Two
Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter
Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential".
Attorney Garganese read Ordinance 2006-OS by "Title" only and stated, "There is a
revised Ordinance per the Commission's direction on the last time this was considered.
Section 9. Effective Date will include a sentence that reads, `In addition, even if this
Ordinance is found to be in compliance per a final order as provided above, this
Ordinance shall only take effect at such time that Ordinance - 2005-29 becomes
effective' ."
Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development
Department spoke on this Agenda Item.
Mayor Bush opened the "Public Input " portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Pubtic Input" portion ojthe Agenda Item.
CITY OF WINTER SPRINGS, FLARIDA
MINU7'ES
CCfY COMMISSION
REGULAR MEETING - JULY 24, 2006
PAGE 6 OF 39
"I WILL MAKE THE MOTION THAT WE APPROVE ITEM `201'." MOTION
BY COMMISSI~NER MILLER SECONDED BY COMMISSIONER McGIN1vIS.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREB5: NAY
DEPUTY MAYOR BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
202. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second Reading /
Adoption of Ordinance 20q6-06, A Smal! Scale FLUM (Future Land Use Map)
Amendment Which Changes The Future Land Use Map Designatian Of One Parcel
Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs)
"Industrial" To (City Of Winter Springs) "Medium Density Residential".
Attorney Garganese read Ordinance 2006-06 by "Title" only.
Ms. Sahstrom brief addressed the City Commission on this Agenda Item.
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.
"I WILL MAKE THE MOTION THAT WE APPROVE ITEM `202'." MOTION
BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGIN1~TIS.
DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: NAY
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Attorney Gazganese said, "Just for the Record, that will include the Conditional Effective
Date I read into the Record for the prior Ordinance."
ATTACHMENT D
CITY OF WRJTER SPRIIJGS, FLORIDA
MINUTES
Cf11' COMMISSION
SPEC[AL MEETING - MAY 30, 2007
(CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING)
PAGE 14 OF 23
REGULAR
606. Community Development Department ~~
Requests The City Commission Consider A Conceptual Development Ptan For A ~
348 Unit Town-House And Patio Home Development on Approximately 47.09 ~
Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, ~
East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood ~
Residential PUD (Planned Unit Development). ~
~
Mr. Baker presented this Agenda Item and displayed an aerial view of the property site '~
and•said, "We do recommend Approval subject to a lot of our Staff Conditions." ~
Deputy Mayor McGinnis said to the Applicant, "You may not be awaze of this, but the
Ariorney sometime in our past, did say that they would be willing to have a charette. Are
you awaze of that? Are you still willing to do that?"
Mr. David Evarrs, Evans Engineering, 7191rma Avenue, Orlando, Florida: stated, "Yes,
we are very aware of the Public Meeting that we intend to have just following this
Meeting."
Mr. Stevenson addressed this proposed project.
With regard to the Easement, Mr. Evans said, "Under that power line Easement, what we
intend to do is to provide some walking areas, some dog parks. There is a- nature trail
that runs through there and actually surrounds the entire piece of properiy so it's part of
that. It will be green and open and obviously because it is a power Easement, we aze not
allowed to build any structures underneath there."
Mr. Randy Stevenson, ASLA, Director, Community Development Department noted for
the Record suggestions from Staff on this project.
Mr. Steve O'Dowd, Engineered Homes and Communities, 1155 Semoran Boulevard,
Winter Parl~ Florida: addressed the City Commission on this project.
Tape 2/Side A
Discussion.
Mr. O'Dowd said, "So, our concept took a look and as I show you these concepts, I do
want to put one caveat here. The one's you are going to look in these concepts, right
there and right here, is not the azchitectural style. These aze buildings that we're able to
put in - we have not determined yet the finished style of what we're going to do. But,
you can at least, as we're looking at this, see the concept and the way things fit together.
C[TY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMI3SION
SPEC[AL MEE'fING - MAY 30, 2007
(CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING)
PAGE 15 OF 23
Continuing, Mr. O'Dowd noted, "We can also provide Workforce Housing and our
~,,. .,,_.~
definition of Workforce Housing is, where do we put our civil servants? Where do we ~-~'~ ~
put our teachers? We're very involved as a company with Seminole County Schools, ~~'~"~
with Seminole County Sheriffs Department and Fire Department in offering incentives ~s~ ~
for their people to come and live in our communities. So, we want to be able to have that
~~
type housing so that they can live there. We also want to have premium open space." ,;~a
~
Mr. O'Dowd cammented, "On the three (3) story product, the townhouse product, this is ~
a product that you're very much used to across the street. And what our proposition is ~
with that, different than they're built across the street, is we're looking at these products,
the fronts of these products, as not fronting a road; like you would have at a heavy, large
ciry, say Chicago or somewhere. We're looking at this forming a green - area or a garden
area or whatever, where front doors are walked up to through a beautiful landscaped area,
and then there's an adjoining alley between every group of units. And again, this cluster
right here, just flips and just flips again and flips again so that people can enjoy this."
Discussion.
Mr. O'Dowd remarked, "And so as that paseo makes its way through between those
houses, what we're planning on doing is actually building, with each of these groups,
building different looking pazk settings in the center. Different configurations, squares,
curves, ovals, diamonds; and landscaping these to where these residents can actually
share these and interact with each other.
Further comments were made.
Mr. O'Dowd then explained, "Each unit, each home, has it's own driveway. And that's
very important. Each home has it's own garage and each home has iYs own driveway.
And each driveway is designed set back from the front of the home. And this is how we
get away from having this be nothing but a scene of front gazage doors, front doors and
roof - is we push that back in all cases, every case where you see a driveway; we push it
back allowing enough room for cars to pazk on the driveway, in front of the sidewalk, so
we don't have any sidewalks that are impeded. And we have every home having its own
area to pazk. We also have auxiliary pazking that's planned in the development that we'll
see later on."
Mr. O'Dowd pointed out, "We allow - twenty-two feet (22') from the sidewalk to the
garage door, in every case minimum."
Furthermore, Mr. O'Dowd explained, "And you can see, we have planned trash
receptacles. So, we don't have problems with these just stacking up in the &ont and have
it look undesirable from the very beginning. The other thing is air conditioning
compressors are already placed so we don't have a problem with that."
CITY OF WINTER SPRINGS, FLARIDA
MINUTES
CITY COMMISSION
SPECIAL MEE'fING - MAY 30, 2007
(CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING)
PAGE 16 OF 23
Mr. O'Dowd continued, "T'his is a shot of a concept of the Central Park that you saw. ~~
This is that lake called Boat Lake. And we have houses that are surrounding it. We're ~
using tr~c controlling devices for central, kind of eye pieces. We've been asked by ~
Staff to do certain things to slow the flow of tr~c down, but not hinder it to the point of ~
causing problems. And what we have planned out here is a significant club house. This
club house that you see right here that we've designed is a little over four thousand ~~~
(4,000) square feet. It's about - forty-five hundred (4,500) square feet, I believe. Large ~~~
:~:<;~~
pool, tot lot and we've also incorporated behind and along the perimeter and along the :~..._.- _
,. ,.~n...~~
lalce, a series of walking trails or biking trails, for the residents to use. They can pretty ~~~•~=`"~
_ -~-:>`~.
much stay safely contained within the community and live their lifestyle."
Additionally, Mr. O'Dowd added, "These aze renderings of the club house. This club
house is actually designed at this point. So, you can see the architectural style that -
we'd like to incorporate into that. This is one that - really kind of tells the picture." Mr.
O'Dawd continued, "This would be the reaz of the clubhouse; this would be the front of
the clubhouse and then this is an azea that shows what our plan is for these residents to be
able to have and that would be to entail an available exercise room - with equipment for
the residents to use. Bathroom facilities that aze adequate for that pool and something of
this size.
Offices that could be used for property management or however it would need to be used
or just the Homeowner's Association. Storage, kitchen area, large gathering area and
then our hearth room, which we thought was kind of nice. This is planned to be a central
fireplace location and this is kind of the reading room for lack a bridge room or whatever
they'd want to use it for - gathering room, covered outside and patio - and depending on
how it fits and how the situation ends up in the final configuration of the pazk, we'd
either have the pool behind it or somewhere on the side of it, but located right off to the
rear, as with the tot lot."
Mr. O'Dowd continued, "If you think about the entrance to this community, it has a very
narrow throat as you come off of Shepard Road." Mr. Evans continued, "This is an
actual photograph of a community, I believe this is in Tampa, but this is very similar to
what we'd like to off of Shepard (Road], to be able to enter in. Because we have to enter
in off of Shepazd [Road]; we have two (2) lanes. We want to gate the community and we
have to come and merge under power lines that run right across this and then basically
start the houses in the - back, beyond this area. Now if you go to any of our `Engineered
Homes communities', that are built really anywhere in the area, you'll see that we put a
lot of landscape in our entrances because we really feel that has a lot of impact for buyers
making a location decision."
CITY OF WiNTER SPRINGS, FIARIDA
MINUTES
CI7'Y COMMISSION
$PECIAL MEETRVG - MAY 30, 2007
(CONTINUATiON FROM THE MAY 29, 2007 SPECIAL MEETING)
PAGE 17 OF 23
Furthermore, Mr. O'Dowd said, "This is very similar to what we have and what we're
planning on the actual entrance and the medians to look like in this azea." Continuing, ~~~
Mr. Dowd noted, "But this shows the twenTy-two feet (22') for the pazking that does not ~
interfere at all with the sidewalks; it does have the green space and then it has the street ~
areas. And we've worked with staff in order to have the proper widths of the right-of-way
on all of these - streets that you see laid out " ~~
~~
Continuing, Mr. O'Dowd commented, "These are some statistics, in case you have any ~
questions. I think you might have these stats; if not, I'm going to give them to you in just ~
a little while. What this does incorporate is the fact that we have fifty-seven percent
(57%) of open space, total green space on the property. And we have pazking spaces per
unit of 2.51, when we average that out."
Discussion continued.
Mr. O'Dowd noted, "Our plan, at this point, would be that this would be maintained by
an Association."
Regarding Progress Energy, Commissioner ponald A. Gilmore asked, "Are they going to
give you permission to put trees under their power lines?"
Commissioner Gilmore remazked, "This is what bothers me and I apologize to going this
before you had your presentation, I thought it was our time and that was the question I
had. Because a considerable portion of this green space that we're seeing there is in fact
power line Easement; and I would think that before this Commission approves this thing,
we see some evidence that the Utility is going to allow you to do this thing."
Mr. O'Dowd remazked, "The first thing going back to your power line Easement - I'd be
happy to come back for you and set up a caravan for you and take you and show you
under the Hunters Creek lines, or I can bring you photographs back with that; because
they really did make great use of this area."
Commissioner Gilmore commented, "I appreciate that, but I think we need a statement
from - the Utility that is going, what they will allow you to do it under there." Mr.
O'Dowd replied, "Understood."
Mr. O'Dowd stated, "We had a charette with the Wildwood development which is
immediately - and we have a letter that we'll pass out that states that they're totally
favorable, unanimously for this development and its concept." Commissioner Gilmore
asked, "I thought that you said eazlier that you were going to have it." Mr. O'Dowd
noted, "We're going to have one (1) more with the other Homeowner's Association.
CITY OF W[NITER SPRINGS, FLARIDA
CITY COMMISSION
SPECIAL MEETING - MAY 30, 2007
(CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEET[NG)
PAGE 18 OF 23
A letter was handed out by Mr. Evans related to the Homeowner's Association.
,:~.~...N3
Tape 2/Side B ~.::r:e~~,~_r:i
~r-<, .,,,.,
S.~,a:,~,:'~a
Commissioner Brown said, "In the conversation about the high voltage Easements; when r~~~,
we were going through the discussion of the cell tower in Tuscawilla, there was a huge ~.~,~
outcry regarding the safety of our children and the safety of the high power Easement and ~`": ~n
the cell tower and the impact that that had on the community. And I don't know whether ~
now we're saying that when you cross a certain parallel, in the City of Winter Springs, ~
those concerns and that hazardous high voltage area suddenly becomes a pazk; and I think ~
we need to be careful about making that transition."
Commissioner Brown asked Attomey Gazganese, "Given the nature of these buildings
and where they're going and the density that we're looking at, and the concerns that
we've seen in another development here in Winter Springs that was used in the
presentation - do we have the opportunity to limit the sales to owner-occupied and
restrict investors to keep them from turning into renta.ls? Because if you talk to our
Police Department, they' 11 tell you that in the area that we've done a similar development
like this, it has been investors sales and they've turn into rentals, they have a larger
numbers of incidents occurring - disproportionate to the other areas of the City."
Attomey Garganese replied, "I don't believe that requirement, we've imposed it. But
possibly; as part of the development plan, I mean, they can show us certain requirements
aze set forth in the Development Agreement. I'd have to look at that issue."
As to the type of construction, Mr. O'Dowd explained, "The plan is concrete block
construction on the first floor; frame on the second and the third." Regarding the
pricepoint for these units, Mr. O'Dowd noted, "We're looking at starting at about a
hundred and sixty thousand [dollars] ($160,000.00) and going up to about three hundred
thousand [dollazs] ($300,000.00)."
Discussion followed on Workforce Housing.
Mr. Dean Jennings, Vice President, Keewin Real Property Company, 1031 West Morris
Boulevard, Winter Park: addressed the City Commission.
Regarding two (2) car gazages, Mr. Jennings remarked, "I think that's something we need
to talk about then." Commissioner Krebs commented, "I actually have her flyer that she
sent out, if you'd like a copy of that; we can get you one."
Commissioner Krebs asked, "Did you say there was a pet pazk in this as well?" Mr.
Jennings replied, "Yes."
CITY OF WRJTER SPR[NGS, FLOR[DA
MINUTES
CITY COMMISSION
SPECIAL MEETING - MAY 30, 2007
(CONTINUATIOIV FROM THE N1AY 29, 2007 SPECIAL MEETING)
PAGE 19 OF 23
Regazding the sizes of the units, Mr. O'Dowd remarked, "T'he unit sizes - start at about a
thousand (1,000) square feet and would go up to about twenty-two hundred (2,200) ;~..~~.
square feet." Commissioner Krebs asked, "So, the average size would be?" Mr. O'Dowd ~`~- `"'~
~;.~:.:~~
re lied "Sixteen hundred (1 600)." ~~~~-
P , ~ ~;.z~:~-
~. +.
`~as. l
With further discussion, Commissioner Krebs asked, "Landscaping buffer on the left ~`~,,~
side, is that it?" Mr. O'Dowd replied, "Yes, this will be up against the industrial area. ~~'~
And we're still planning on doing exactly what the development order said. I think it was ~
a combined berm and..." Commissioner Krebs interjected, "...A five foot (5') berm and a ~„„ ~
six foot (6') wall, actually." Mr. O'Dowd continued, "Eleven feet (11') total." Mr. ~
Jennings added, "Plus, of course, landscaping and trees would be very much higher than
that. That's actually a pretty good size berm and visual as well as a sound break."
Commissioner Krebs then asked, "What kind of improvements to Shepard Road were
you planning?" Mr. Jennings responded, "We have intersection improvements - at
Shepard Road and (Highway) l 7-92. Also, at the front entry of the unit, there's a double
lane boulevazd of the community." Mr. Jennings added, "We are willing to do
improvements there on Shepard Road."
Regarding density, Mr. Jennings commented, "As a matter of fact, this property, under
the Future Land Use, is allowable for a significantly more density than what we're
asking. And so the 334 versus the 348 is, if I may say, to some degree, inconsequential
because the - Future Land Use allvws significantly more than that."
Discussion.
Mr. Evans remarked, "With respect to what the Staff had to say and then come back with
a comprehensive plan with all the comments addressed."
Mayor Bush asked, "Staffls recommendation; you've said you had six (6) meetings with
Staff, and yet, you've got all of these recommendations - what happened? I mean, why
weren't they addressed? Did Staff make them up after you had the meeting? Why are
you so far apart at this point after six (6) meetings?" Mayor Bush continued, "Did they
not want to do what you asked them do; is that - what you're saying?"
Mr. Stevenson replied, "Again, as they've said, we have had numerous meetings. Staff
did make these recommendations. I think they did address some of them, Mayor. Some
of them obviously, we've detailed for you tonight that have not been addressed that we
feel, again we're excited about the product; we're excited about the concept, the way they
laid out. But we feel there are some ways to make it a better product; understanding that
they also have the necessity for the project to go forwazd, to make it financially viable.
But we feel that there some issues that we still need to work on."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - MAY 30, 2007
(CONTINUATION FROM THE MAY 29, 2007 SPECL4L MEE7'ING)
PAGE 20 OF 23
Further discussion. ~,
~_, :;~
Deputy Mayor McGinnis commented, "I think what we would like to see is maybe an ~
Agreement with Progress Energy; some kind of an Agreement." ~;~,~
,~
With further comments, Deputy Mayor McGinnis asked, "If you are going to have - ~;:~~
another charette, would you contact me please? I would like to work with you on ihat." d~~-~
~~~
~
~~
Discussion. ~
Corrunissioner Robert S. Miller commented, "I have a feeling that Staff is onto a good
idea with the larger park, central park. I think you ought to seriously look at that - they
way they laid it out. And then the last point is, I would be interested in the power
Easement issue also, because I think some of us need to be reassured."
Next, Commissioner Krebs asked, "Is there a gazebo over by - that lake?" Mr. Evans
replied, "Yes. That's part of the central park area including the roundabout that's in front
of that. So, you have got a little landscaped area as well as the pazk itself."
On the issue of parking, Mr. Baker commented, "We disagree with ninety (90) degree
parking - backing out into a street, whether it's public or private." Commissioner
Gilmore asked, "And what's your proposal?" Mr. Baker replied, "Parallel parking."
Regarding Progress Energy, Commissioner Gilmore commented, "Let them come back
here with what the power company says is allowed. Because, believe me, if they come,
they have the right; they will put a fence right up along there and say, we don't want your
people under our power lines or even on our Easement."
Commissioner Miller said, "You are right." Commissioner Krebs commented, "Right."
Mr. Evans stated, "We can do that."
C°APPROVE TIiE CONCEPT PLAN - MOVE TO APPROVE." MOTION BY
DEPUTY MAYOR McGINNIS. COMMISSIONER MILLER SAID, "WITH
COMMENTS. DEPUTY MAYOR McGINNIS REMARKED, "JUST THE
CONCEPT PLAN."
DEPUTY MAYOR McGINNIS REITERATED, "I MOVE WE ACCEPT THE
CONCEPT PLAN AND WITH CONSIDERATION THAT COMMENTS FROM
STAFF WILL BE WORKED ON AND THERE WILL BE A FINAL
CONCEPTUAL DEVELOPMENT PLAN BROUGHT BEFORE US AFTER
THEY HAVE WORKED WITH STAFF."
MOTION DIED FOR A LACK OF SECOND.
CITY OF WINTER SPRINGS, FIARIDA
MINUTES
CITY COMMISSION
SPECtAL MEET[NG - MAY 30, 2007
(CONTINUATiON FROM T[-IE MAY 29, 2007 SPECIAL MEET[NG)
PAGE 21 OF 23
Discussion.
"I MOVE THAT WE ACCEPT THE CONCEPT AND APPROVE THE
CONCEPT PENDING FURTHER WORK BETWEEN THE APPLICANT AND
STAFF TOWARD THE PRESENTATION OF A FINAL CONCEPT PLAN:'
MOTION BY COMMISSIONER BR~WN. SECONDED BY COMMISSIONER
KREBS. DISCUSSIOI~t.
~~I WOULD LIKE TO MAKE AN AMENDMENT THAT WE REQUIRE THE
APPLICANT TO COME BACK WITH A STATEMENT FROM - THE UTILITY
AS TO THE USE CAPABILITY OF THAT EASEMENT AREA." AMENDMENT
TO THE MOTION BY COMMISSIONER GILMORE. SECONDED BY
COMMISSIONER KREBS. DISCUSSION.
VOTE: (ON THE AMENDMENT TO THE MOTIOI~
COMMISSIONER GILMORE: AYE
COMMI5SIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
VOTE: (ON THE MOTION AS AMENDED)
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLFR: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
Mayor Bush commented, "I am hoping that next time it comes back that Staff and the
Applicant have worked out everything so that we, or if you just can't work it out, tell us.
Just say, we can't agree on this. Because when we see that you haven't done Staff s
recommendation, as you can tell, it causes problems."
In other City business, discussion ensued on `REDFLEXIasercam' which was discussed
the previous evening.
"I MOVE THAT WE DO AN RFP (REQUEST FOR PROPOSAL) FOR A
SYSTEM, TRAFFIC, RED LIGHT..." MOTION BY DEPUTY MAYOR
McGINNIS. MANAGER McLEMORE INTERJECTED, "...TRAFFIC CAMERA
DEVICES." DEPUTY MAYOR McGINNIS SAID, "RIGHT."
~>:°.':~: =~~
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CITY OF WINTER SPRMGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETMG - MAY 30, 2007
(CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEET[NG)
PAGE 22 OF 23
MANAGER McLEMORE COMMENTED, '~AND WHAT THIS BASICALLY
SAYS TO YOU IS HOW - THIS HAS CAUSED TROUBLE IN OTHER
COMMUNITIES WITH THIS PRODUCT. AND WE JUST NEED TO BE VERY,
VERY CAREFUL."
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
RECULAR
607. Information Services Department
Requests City Commission Review And Consider For Approval The City's New Cell
Phone Policy; If Approved, Authorize Supplemental Appropriation In The Amount
Of $4,091.00 For Equipment Stipend; And Authorize City Manager To Make Any
Future Revisions As Necessary To The Policy.
Ms. Joanne Dalka, Director, Information Services Department introduced this Agenda
Item.
"MOVE TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
Manager McLemore commented on comments he had made.
~
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Discussion followed on a date for a Workshop on Workforce Housing, which was
previously considered for May 7~', 2007 and then on Thursday, June 14, 2007, Mayor
Bush said, "Four o'clock on the 11`~ [June 2007J." No objections were voiced.
ATTACHMENT E
THIS INSTRUMENT WAS PREPARED BY:
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attomey of Winter Springs
Bmwn, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
DEVELOPMENT AGREEMENT
T,~IIS DEVELOPMENT AGREEMENT (the "Agreement") is madc and executed
this ~~~'~ day of June, 2006, 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 THE I~EWIN REAL PROPERTY COMPANY, a Florida
corporation ("Developer") whose address is 1031 West Morse Blvd., Winter Park, FL
32789.
WITNESSETH:
WHEREAS, Developer is the contract purchaser of that certain real property
located in Seminole County, ~~lorida consisting of approximately 47 acres, as more
partieularly deseribed on Exhibit A attached hereto and incorporated herein (the
"Property"); and
WHEREAS, Developer desires to develop townhomes or condominiums on the
Property (the "Project"); and
WHEREAS, Developer has applied for an amendment to the Winter Springs
Comprehensive Plan in order to accommodate the Project; and
WHEREAS, at this stage in the development review process, the City and
Developer have agreed to certain. conditions of development related to, among other things:
(i) buffers; (ii) notices to potential purchasers; (iii) school rnitigation; and (iv) recreational
land; and
WHEREAS, the Developer acknowledges and agrees that as the Project is taken
through the City's development review process, the City may require that this
Development Agreemcnt be madified to incorporate additional terms and conditions in
order to safeguard the public's interests; and
WHEREAS, the City and Developer desire to execute this Agreement in order to
more fully set forth the conditions of development.
Development Agreement
City of Winter Springs and Keewin Real Property Company
Page 1 of 9
NOW THEREFORE, in. consideration of the mutual promises and covenants
contained herein, the parties mutually agree as follows:
1. The recitals set forth above are true and correct and are incorporated herein by this
reference.
2. Buffer. Since the properties to the west of the Project are zoned commercial and
industrial, the Developer has agreed to build a buffer between the Project and those
properties to the west. The but~er will include a 6' high wall on top of a 5' berm. The
buffer shall also include trees, shrubs and irrigation in accordance with a landscape plan
deemed acceptable to the City.
3. Notice to Purchasers. The Developer will include in the Covenants, Conditions and
Restrictions for the Project a notice to all potential purchasers that the properties adjacent
to the west have zoning designations of industrial and commercial. Said notice shall be
subject to the approval of the City Attorney.
4. Parks and Recreation. In accordance with Winter Springs Code Section 20-354 and
other applicable provisions of the City's Comprehensive Plan and Code, the Developer
agrees to dedicate an appropriate amount of land as a park for the residents of the Project.
Such park shall have recreational facilities built in accordance with the standards of the
National Recreational Association. In addition, such park shall be protected through deed
restrictions recorded in the Covenants, Conditions and Restrictions for the Project which
shall ensure the preservation ~f its intended use, the payment of future taxes, and the
maintenance of the park and facilities for a safe, healthy and attractive living environment.
The park shall be included in the phasing plan, if any, and shall be constructed and fully
improved by Developer at an eyuivalent or greater rate than the construction of the
residential structures for which it serves.
5. School Mitigation Payment. In order to mitigate the potential impacts of the Project
on the Seminole County Public Schools, Developer has agreed to pay One Thousand Two
Hundred Thirty-Five Dollars ($1,235.00) for each residential unit in addition to the School
Impact Fees eharged for each residential unit. The Mitigation Payment shall be paid to the
School Board upon the date th,3t the City grants the first vertical building.permit for the
Project. The School Board shall be considered a third party beneficiary under this
Development Agreement for ~he limited purpose of enforcing the provisions of this
paragraph against the Developer. Nothing herein shall be construed as obligating or
requiring the City to pay, or otherwise enforce the payment of, the Mitigation Payment to
the School Board. Developer agrees to indemnify and hold harmless the City from any
action, dispute, claim, or litigation directly or indirectly involving the Mitigation Payment.
6. Notices. Any and all notices, elections, demands, requests and responses thereto
permitted or required to be giv~n under this Agreement shall be in writing, si~ned by or on
behalf of the party giving the same, and shall be deemed to have been properly given and
Devetopment Agreement
City of Winter Springs and Keewin Real Property Company
Page 2 of 9
shall be effective upon being personatly delivered, or upon being faxed to the number set
forth below to the appropriate party, or upon being deposited in the United States mail,
postage prepaid, certified with return receipt requested, or upon being deposited on a paid
basis with a nationally recognized overnight delivery service, to the other party at the
address of such other party set forth below or at such other address as such other party
may designate by notice specifically designated as a notice of change of address and given
in accordance herewith, provided, however, that the time period in which a response to any
such notice, election, demand ar request must be given shall commence on the date of
receipt thereof; and provided further that no notice of change of address shall be effective
until the date of receipt thereof. Personal delivery to a party or to any officer, partner,
agent or employee of such party at said address shall constitute receipt. Rejection or other
refusal to accept or inability to deliver because of changed address of which no notice has
been received shall also constitute receipt. Any such notice, election, demand, request or
response, shall be addzessed as follows:
If to Developer: The Keewin Real Property Company
1031 West Morse Blvd., Suite 325
Winter Park, FL 32789
Attn: Jay Folk
Phone: 407-645-4400
Fax: 407-645-0340
With a copy to: Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eota Drivc
P.U. Box 2809
Orlando, FL 32801
Attn: M. Rebecca Furman, Esquire
Phone: 407-843-4600
Fax: 407-843-4444
If to City: Cit:y af Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Attn: City Manager
Phone: 407-327-5999
Fax: 407-327-4753
Development Agreement
City of Winter Springs and Keewin Real Property Company
Page 3 of 9
With a copy to: Anthony Garganese, Esq.
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A
225 E. Robinson St., Ste. 660
Orlando, FL 32801
Phone: 407-425-9566
Fa~c: 407-425-9596
Either party may change the address provided hereinabove by giving written notice
of such change to the other party or parties as herein provided.
7. Entire Agreement. The making, execution and delivery of this Agreement by the
parties hereto have been induced by no representations, statements, warranties or
agreements other than those expressed herein. This Agreernent embodies the entire
understanding of the parties hereto with respect to the subject matter hereof, and there are
no other written or oral agreernents in effect between the parties hereto retating to the
subject matter hereo£ This Agreement or any part thereof may only be amended or
modified by an agreement in writing by both of the parties hereto.
R. Severabilitv. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but should
any provision of this Agreement be prohibited or invalid under such law, such provision
shall be ineffective to the extent of such prohibition or invalidity without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
9. Bindin~Effect. Except as provided hereinabove, this Agreement shall be binding
upon and shall inure to the benefit of the parties hereto and their respective successors and
assigns.
10. Waiver. A waiver of any provision hereof or any default hereunder by either party
shall be effective only in writing. A waiver of one provision shall not constitute a waiver of
any other provision hereof, and a waiver of default shall not apply to any other default
whether occurring simultaneously or at a later date.
l 1. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shalt be deemed an original, but all of which if taken together shall consti[ute one
and the same Agreement.
12. Governing Law. The laws of Ftorida shall govern the validity, performance and
enforcement of the Agreement.
]3. HeadinQS. The headings of these several paragraphs contained herein are for
convenience only and do not define, limit or affect the contents of such paragraphs.
Development Agreement
City of Winter Springs and Keewin Real Property Company
Page 4 of 9
14. Authorization. Each of the parties represents that this Agreement has been duly
executed by a partner or officer authorized to bind such party and that this Agreement
~onstitutes the valid, binding and enforceable obligation of such party.
15. Attornev's Fees. Any party to this Agreement who is the prevailing party in any
legal proceeding against any other party brought under or in connection with this
Agreement or the subject matter hereof, shall be additionally entitled to recover court costs
and reasonable attorney fees, and all other litigation expenses, including deposition costs,
travel and expert witness fees from the non-prevailing party.
16. Construction. The parties acknowledge that each party and its counset have
reviewed this Agreement and the parties hereby agree that the normal rule of construction
to the effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or any addendums or exhibits hereto.
17. Venue. Venue for any legal proceedings under this Agreement shall lie solely in the
state courts in and for Seminole County, Florida, or in the United States District Court for
the Middlc District of Florida.
18. Representations of the 1'arties. 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 Agreement and has taken al! necessary action
to authorize the execution, delivery and performance of this Agreement. When title to
the Property is vested in Developer and when duly executed and delivered by the City,
then this Agreement will be recorded by the City in the Public Records of Seminole
County, Florida, and will constitute a legal, valid and binding obligation enforceable
against the Property in accordance with the terms and conditions of this Agreement.
Developer represents that it has voluntarily and willfully executed this Agreement for
purposes of binding the Property to the terms and conditions set forth in this
Agreement. In the event Developer does not acquire title to the Property pursuant to
the Contract for Sale and Purchase or within one year of both parties signing this
Agreement, which ever occurs sooner, then this Agreement shall be of no force and
effect unless both parties agree in writing that Developer will be given additional time
to acquire the Property. Developer represents and warrants that they will notify the
City Attorney, in writing, within three (3) business days of closing on the Property.
l9. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Developer and their respective successors
and assigns.
20. Amendments. This Agreement shall not be modified or amended except by
written agreement duty executed by both parties hereto (or their successors or assigns)
and approved by the City Commission.
DeveIopment Agreement
City of Winter Springs and Keewin Real Property Company
Page 5 of 9
21. Effective Date. This Agreement shall become effective upon approval by
the City Commission and execution of this Agreement by both parties hereto.
22. Relationship of the Parties. The relationship of the parties to this
Agreement is contractual and Ueveloper is an independent contractor and not an agent
of the City. Nothing herein sha(1 be deemed to create a joint venture or principal-agent
relationship 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 ofher.
23. Sovereien Immuni~. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the
City's right to sovereign immunity under Section 768.28, or other limitations imposed on
the City's potential liability under state or federal law. As such, the City shall not be liable,
under this Agreement for punitive damages or interest for the period before judgment.
Further, the City shall not be liable for any claim or judgment, or portion thereof, to any
one person for more than one hundred thousand dollars ($100,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other clairns or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or occurrence,
exceeds the sum of two hundr~;d thousand dollars ($200,000.00). This paragraph shall
survive termination of this Agrec:ment.
24. Citv's Police Power. Developer 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.
25. Third-Party Ri~hts. Except as provided in paragraph 5, 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.
26. Specific Performa.nce. 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 thesc obligations may be obtained by a suit in equity.
27. Development Permits. Nothing herein shall limit the City's authority to
grant or deny any development permit applications or requests subsequent to the effective
dale of this Agreement. The failure of this Agreement to address any particular City,
County, State and/or Federal permit, condition, term or restriction shall not relieve
Developer or the City of the necessity of complying with the law governing said permitting
requirement, condition, term or restriction. Without imposing any limitation on the City's
police powers, the City reserves the right to withhold, suspend or terminate any and all
Development Agreement
City of Winter Springs and Keewin Real Property Company
Page 6 of 9
certificates of occupancy for any building or unit if Developer is in breach of any term and
condition of this Agreement.
28. Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building
permits and substantially cornmence vertical construction of the Project within three (3)
years of the effective date of this Agreement. If the City terminates this Agreement, the
City shall record a notice of termination in the public records of Seminole County, Florida
if this Agreement is recorded pursuant to paragraph 18.
[SIGNAZ'URE BLOCKS BEGIN ON NEXT PAGEJ
Development Agreement
City of Winter Springs and Keewin Reat Property Company
Page 7 of 9
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
By:
Andrea L enzo Luaces, City Clerk
/
f
CITY'~E,AL
S'TATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
g ~ ~C~i~Ge~j
Y•
J F. Bush, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
6 i ~/~
Date:
By:
Anthony rganese, City Attorney for
the CiTy of Winter Springs, Florida
Personally appeared before me, the undersigned authority, John F. Bush and
Andrea Lorenzo Luaces, well kmown to me to be the Mayor and City Clerk respectively,
of the City of Winter Springs, Elorida, and acknowledged before me that they executed
the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed,
and that they were duly authorized to do so.
Witness my hand and off'icial seal this ~ day of , 2006.
(NOTARY SEAL)
saNOi eow~a
~~~ Mr coM~usswN ~oo22~ats
EXPIRES: JUN 16. 2007
a Bpnded thragh AdvaMage Notary
o ry Public
My commission expires: ~~~~. ~~la 2~~
Development Agreement
City of Winter Springs and Keewin Real Property Company
Page 8 of 9
Signed, sealed and delivered in the
presence of the following witnesses:
s; ~ -
Primed Name of witneg
,~ orw~ ,
Rin d Namt of ~tness
STAT'E OF FLORIDA
COUI~iTY OF ORANGE
THE KEEWIN REAL PROPERTY
COMPANY, a Florids- corporation
~
N . '~i~`t '~ ~-a~.~
Title: L f I y o(o ~t-s~ ~~~
Date: ~ ~ 1`-~ ~ O(,
The foregoing ins ument w acl owledged before me this ~" day of
, 2006, by L , as~~ of THE
KEEWtN REAL PROPERTY C MPANY, on behalf of satd company. He is,gersonally
known to me or produced _b( ~~ as identification.
(NOTARY SEAL) ~e
(N~Y~Jt ~c si
~S1~~S-D U
o „
(Print N~me) ~,. ~,
SHERRYMa00PER Notary Public, State of ~-
~ ~(y(,p-IMIS~ON~IDDS2l700 Commission No.:
~p~ gxwaFS: ~n,xo~o My Commission Expires:
Hor-Nw+a raone.~rrs..b.«~
Development Agreement
City of Winter Springs and Keewin Real Property Company
Page 9 of 9
Exhibit `A'
~ 23~ d6D 9~ f e~et
PARCEL NUMBERS
26-20-30-5AR-OC00-0210 28-20-30-5AS-OB00-015A
28-20-30-5AS-OB00-0170 33-20-30-503-OS00-0000
33-20-30-503-0040-0150 33-20-30-503-0000-0240
33-20-30-503-0000-025A
LESS AREAS 1 8~ 2 AS
Area 1
A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the
plat thereof as recorded in Plat Baok 7, Page 83, Public Records of Seminole County, Florida.
Be(ng more particula~iy described as follows:
BEGIN at the Northwest comer of WILDWOOD according to the plat thereof as recorded in Plat
Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence South
03°57'20" East, along the Westerly line of said WILDWOOD, for a distance of 166.02 feet to a
point of curvature of a curve concave Westerly, having a radius of 175.00 feet and a deita angle
of 29°59'46"; thence, continuing along the Westeriy line of said WILDWOOD, run Southerly
along the arc of said curve for a distance of 91.62 feet to the point of tangency; thence,
continuing along the Westerly line of said WILDWOOD, South 26°02'26" West for a distance of
126.10 feet; thence, departing said Westerly line of said WILDWOOD, South 86°02'40" West for
a distance of 94.04 feet; thence North 03°57'20" West for a distance of 362.73 feet to the
Southerly right of way line of Shepard Road and Northeriy line of said Lot 18; thence North
86°02'40" East, along said Southeriy right of way line, for a distance of 180.52 feet to the POINT
OF BEGINNING.
Area 2
A parcel of land being a portion af Lot 18, Block "B" of OAK GROVE PARK, according to the
plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida.
Being more particularly described as follows:
COMMENCE at the Northwest corner of WILDWOOD according to the plat thereof as recorded
in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence run
South 86°02'40" West, along the Southerly right of way line of Shepard Road and Northerly line
of said Lot 18, for a distance of 260.52 feet to the POfNT OF BEGINNING; thence, departing
said Southe~ly right of way line of Shepard Road and No~therly line of said Lot 18, South
03°57'20" East for a distance of 298.01 feet; thence South 86°02'40" West for a distance of
113.09 feet; thence North 04°49'25" East for a distance of 301.55 feet to the Southe~ly right of
way line of Shepard Road and Northerly line of said Lot 18; thence North 86°02'40" East, along
said Southerly right of way line, for a distance of 67.07 feet to the POINT OF BEGINNING.
Praperty Descriptian
[~ Oitimc Parcel I:
TQpQgrap~ ~C .7u rVey Qf oiE curve, thenre S 85' S7' 45' W, 487.59 leet alang ihe Nartherly Ine of saiE let 18, Blark "B", saiE Nartherly line alsa bcng the Soutl~
Ihal parl af Lats I8, I7 anE 11, Block "C', of O.R. M1lIiQ1ELL5 Sl1A1EY OF ME IEVY CRANi tlV Publlc RemrES of Seminole Canty, FlmiEa, and the end ol s
portions of Sections 28 and 33~ ~~ U, remrdeE in lat tk 1, age , ublic erorES o inale oun~y, anda, in 161.12 fcet along tlte SoutM1erry 9 ~ Y come
~ Secllons 1A anE 7}, Taw~ship 40 SauN, Range 30 Eost, Seminole Counly, FlariEO, anE heing more fne of saiE Lot 1fi, Bla k 9', W lhe Easterty line o~ Lol 15 0l saiU rigAl-af-way af SAeOerd RaaE la a painl, saiE point Iteing 5. 96' 42' 90' W„ 60.04 feet ham IM1e N.W.
Block "B'; Nena 5 04 49' 75' W, 770.00 feet olon the Eashrl line of Lals 15, 14, 13 anE 11 of r af WIDltiJ00 recoketl in Plot Baok 19, Pages 7, B, 9 anE 10, Public RecnES ol Seminole Caunly,
poM1ialoAy EescribeE os lollaws: soiG 91ack 'B', to tlte mmt Soulherly carner of said Lol 12, 9a k"A'; Ihence cmtlnue 5 04' 49' FloriEa; thence leaving saiE South right-of-vwy al Shepo~d Aoad alonq a fne paralltl vith and 60.00 leet
Town sh ip 20 Sou th, Ran ge 30 East~ Commence at Ne Saulheast mrns of Lat 110, WlDlti000, remrEed in Plat 9aaM 19, Pages 7, A, ~5' W, 955 74 ket almg the Eastrly line af saiE Black "B"; thmce S 83' 08' 47' W, 408.81 fxt; M1psl af anU perpendialar ta Ne West line af satl WILOBbOU, run 5. U7' 5]' 40' E., Ifi&0P feel to tM1e
(~ y 9 anE 10, Puhllc RecarES of Seminole Counly, FlariEO, saiE SautM1mst comer of Lot 120 lies on the ~M1ence S 04' 4fi' 44" W, 785.fi0 leet; thence N B3' OB' 14" E, 245.00 feel lo the Ykslerly line of Ponl at CurwWre af a cur;e roncace IYesteAy hoving a roEius of II5.00 feet ontl o reniral ongle of 49' 59'
Win ter S rin s Sem inol e 1.iDUn l Florida Nartltsly Ilne of iract "F", 7HE HIGHUN~S SECiION MREE, remrded in Plat Boak I7, Pages 98 ~a~ ~4, ENi2MIN(ER FAAM1lS P-OIPON N0. 7, recaEeE In Plal Baok fi, Page 77, Public Rerords af 4fi', ~M1ence run SoulhvresleAy 60.PI fcet tlang tM1e arc o~ miG arve ta lhe Pain~ af ianqmcy, Nence 5.
p g~ ~~ anE 49, Publi< RxarES of Seminole Caunty, Floritla, soiE Sauthemt camer al Lat I40 olso Iles an Seminole Counly, FlariEO; Ihenre S OP 48' 42' W, 400.07 kel alang tM1e WesteAy line al miE Lot t4 ~8' ~Z 16~ W b~.~0 kel lo o paint m the SoutheAy line al o I75.00 faat niEe FlniEa PaWer Coryaratian
Ne South line ol let 41, Blark "C" of ~. F. MIiCHE11'S SIIRVEY OF 7HE LEVY GRANi, recaded In ~o lhe SatM1wat <amer of aaid Lat 24, said caner INng on lhe NorNerly riglil-of-way of FlaiEa Emement, mid point being the Point ol Curvature at a curve concave EasteAy hanng a radius of 473.3B
Plat Boak I, Pa9e 5, af lhe Pubfic RemrES af Seminale Cwnly, FlariEa, Nen<e S B3' OB' ]1" IY A~nue, ihence N B3' C9' 41" E, 417.70 feel along saiE NorlhMy right-of-nay, thence N 04' /fi' feet onE a cmlral angle of 70' 09' 01'', lhence SoulhMy 1418fi fxt tlang Ne arc af wiE auw ta lhe
955.C9 feet olong Ne SauthMy Ine of saitl L~l-Yp00 saitl SautM1Cly line af `MLOYpO~ tlsa being ~~~ E, 202.14 feet~, thenre N A3' OB' 44" E, 45.00 feel to the Emt line af saiE Lot 14; thence N Southcly line af saiE Lat I8, Block 'B"; thenre S. 85' S3' t5" W., I81.14 feet alang lhe saiE SautM1Cly line
Ne NorlM1erly line af said hact 'F', saiE Sau~M1erty line of 'MLOYi00~ alaa being Ne SoulheAy fne 05' II' 11' E, 558,90 kel almg the East line of saiE Lal 14 lo the Northeast comer af soiE Lol 14; ~a ~he Ponl af Be9nnng.
ol miE Lot 11, Black "C", fn a Painl ol Be Innin , soiE Point al Be innin Iso bein ihe lhence cmlinue N 05' II' 41" E, 45.51 leet ta the NarN Ine of Lat I6, BIOrM "C", of saiE 0. R.
9 9 9 9° 9 1E55 ANO E%fEPi Nat partian tM1Ceal lor aEEltional SheparE RaaE right-al-WOy, mnve~xE ta Seminole
~ ~ Southwesl corner of Lot 95 of saiE MLOW00~ anE saiE pont also Ipng on ihe Em~erly line al a NIiCHELL'S SUAIEY OF ME IEVY CRANi, saiE Nart~ line of La~ I6, Alock 'C", also ~eng Ilte Saut~ Canry, FlariUa, ~y OeeE rerorEN in Oflicitl RerorES Book 1786, Page I715, Publi< RecvES ol Seminole
I75.00 loat WiUe FloriUa Porrer CorOaralim Eaxment; IM1nce N 10' 40' 30" IY, 73fi.0B ~eet alang line of saiE Lat 41, Black "C", thena N B3' OB' 11" E, 534.14 leet alang ihe Swlh line af saiE Lot Canty, FlariEa,
Ne Easlerlyline of saiE FloriEa Power Carparatlm Easement to Ihe Soutl~cly nqht-of-way of 21, 9a k'C', to the Painl o~ Beginning.
WII4naoE Orive; tM1ence 5 59' Ufi' 42' W, 187.70 fcet alang said Swlherly rigM1t-af-rmy fne to tlte Pittmer Parttl 7:
Weslely line at soiE 175.00 laat WiEe FlariEa Poner Coryaralion Eaxment; thmm N 10' 00' 30" IY, ~SS ANO E%CEPi tl~at partian thaeaf lor aEEitlonal SheparE RaoE nghl-al-voy, cantie~xE ta
CiRE~PE{IC SCAL~' 64.41 ket almg saiE WestMy Ilne to ihe Nartherly right-ol-Way line af WilEvaod Orive; tl~mce N Seminole Counry, FloriEa, Ity ~eeE recordN in ORkial Recorda Botk 178fi, Page 1715, Pudic flecaES ~a~ p5, less Ne West 10/.44 feet al the Soutl~ 7/1.94 het al ENiZNINGER FAAMS, A~OIIION N0. l,
59' Ofi' 4P' E, 187.70 Feel alang sak NorNerly rigAl-of-way fine la ~M1e Emterly line al said af Seminale County, FlaiEa. o<cording to [he Olat IAereof, as remrdeE in Plat BotN fi, Page P7, Pubfic Recorda af Seminale Canly,
FlmEa Pover Coryoration Easement~, thena N 10' 00' ]0' 4Y, 547.03 kel along saiE Eashrly line; FloriEa.
Nmce N 67' S7 74" W, 7fi5.50 feet along tlte NorlM1eAy fine al said 175.00 laat WiUe FlariUa A~50, LE55 hN0 E%CEPi lhat portlan af t~e un4erlNng IanE of tlte I75.0~ Flarida Pawer Corporalim
PaWer C tian Easemenl ta ihe IYesleA line af soiE F4D1ti000; thence lea~n tl Easement R'ighl-af-WOy, conveleE ta WiEwoaE Homes, Inc by ~eeE recokeE in Offcial Recoks Baak IB54, Olttmer Parttl 4:
aporo y 9 sai page bB, Puhlic AerorES af Senntle County, FloriEa.
run N 4fi' 01' 16" E, 11fi.10 feel along the WnteAy line al mid 4Ml-Nt100 to Ihe Pnnl af iM1e NarlhMy P5A feel af ENiZNINGEA FARMS, AOOIPON N0. 3, as recartleE In Plat Baak 6, Page 17, Puhlic
( Q7 FEET ~ GLrwture af a curro concare WesteAy M1avng a raEius of 175,OU feel and a cenVal angle ol P9' ~Iltmer Parcel 2 Aecords of Semintle Caunty, FlariGa, being bounEeE m[he East by Ihe Nar[heAy exlensim ol IAe Eaal Ilne
1 inch = l00 R 59' 48 , Nence NarlhMy 91.64 ket almg the nc af saiE curve to Ne Paint of iangenty, thmre of Lat 75, per soiE plot anE being baunEetl m the West by the NorthMy atensian af Ne West line af Lat
N 43' 57' 20" IY, 16fi.42 feel along t~e WesteAy line of xIE YMl-NU00 ~a Ilte NarlM1wesl corner of l~at part of Lo~s I5, 1fi, I7 anE IB, Black "B', OhK CRQVE PARK, according W lhe plat IM1eeof, as 44 per saiE plat.
Lo1 IS soiE WlDlti000, saiE Narthwnt camer lies on lhe Swthely right-of-nay af 9ieparE RooE; thence wrEeE 'in Plal Boak 7, Paqe gl, Pudic flecartls at Seminale Caunty, FlaiEa anE INng in Sectians
ENiZMINGEF FARMS leauing miE 4ML~IMi100 run S 8fi' 01' 10' W, fi0.00 feet along miE Southerly right-ol- nay ihence 1B md 73, iaWnship 10 Sauth, Fange 30 East, Seminole Caunty, Flonda, anE heing more partlrularly Elsea Pvicel:
Plot Book 6, Pa9e z~ lemnng m 4 rgM1t of nay run 5 O]' S7 40' [ 1fi6 01 fcet to IAe Pdnt af QirvaWre oF a<urve dacrLed as ftllows
am WestMy havng a raEus al 115 00 ket and a cen4ol ongle af 49' S9 46 tM1mce i~e W~st 204.42 Ittl ol Ilte Saut~ }41 94 Itt~ af Lat P5, ENiAIINGER FARMS AD~IPON N0. 7 attaEing lo
~~o ~~ Sau~M1erty fi0 21 leel along lhe ar< af sad arn lo IM1e Pant of imgency lhence 5 2fi' 02 26' Cammence at ihe mast SoulhMy camc af sa E Lot IS Block B', ihence N 4' 49 15" E 70 00 ihe plat tM1real, as recatleE 'n Plal Baok fi Page 47, af Ne Pud c flecntls af Semnale Caunty FlaEa.
Lot 15 W, 301 10 feet to the Pant of CLrwture af a arre mncare easicly havng a raE'us af 177 38 feef olang lhe Eashrly I'ne of sa C Lat IS Black 'B' for a Panl af Begnn ng thmce canGnue N 4' AnE pvl al lnt 44ENRNING£R FARNS ROOI11tlV NO l, occorE'ng lo the plal Nereal, as recorEeE in Plat
ENiZMWGEA FARMS ~ 1 feet and a rentral angle af .IU' 09 01 Ihence SoulhMy 147 8fi feet alonq the arc ol m d curve 49' 45' E 819.50 feet almg the Nntherly e~tenson of Ne Easlerlylne of sa E Lal 15 9ark "B" Aook 6 Page 27 0~ ~M1e PuElc RemrES of Sennde Canry Florda des<rbeE as bllmn 9egn at tM1e
to tM1e Sau~M1erty Ine of Lot 1fi, 9aG '9', OAK GROVE PAAK, recaEeE n Pla~ Baak 7, Page B3, lM1raugM1 Lots IS 1fi I] anE 19 0l saE Blo<k B ~a Ilte NarlM1erty Ine of w E Lat IB Black 'B', Southeasirly <omer af soE Lol 44 tl~ence run SouthwntMy olong Ne SaulhMy I'ne af sa tl Lat 44 0
PIa1 B k 6, P g 2I , z~ ,s ~~. ~, µoi,. E slonce of 15 feeC ihence run Narthely paralltl la tM1e EasteAy Ine of soE Lat 11 o tlstance of 100 fcet
I wiE NnthMy Ine alsa heng Ne Sauth rght of vay al ShepvE RoaE thenre N Bfi' 01' 40" E., ~ryence run NortAms~sly paralltl to tlte SoutM1erlylne of sa E Lot 24 a E'stan<e o~ 25 leel W[he Easterly
~ 5M1' W ~r 1 1 Boa~ Lake IPne of m E~ ^otn94 Ihence Sa1hMy alang the EostMy I'ne af sa tl Lat 74 o E§Wnce af 740 feet b the
I tofb '
1 / W t r Elevation 4&5'
n May 4 240fi
$IIG BCFlCh1YlOfk ~ 2 ~3 ~ ~ 9 6 ~ Block ~B"
iap of nol anE Esk ~ ' OAK GROVE PdRK
ElewAOn 58.fi4' ~ ~. ._ - e o µ0P1 i\ / .~~ ~ ~ Lot 2 Plat Baok ~. Pa9e 83
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~ i °. 0 1 Bearn Aovm Fereon re baseE on IM1e SouNeA Ine of 'M
~'-_ ~ ~ z=Un~amed R/w p~, -~ y~^~ _ Y' C heng o M as Sauth B3'OB 11" West
°- ~ ~~~.. ~~~ /~s ^.u,~ `eo q~ster ~ 3 2 ~ewlans rionn herean ae basea an Sem'nale Caunly Vy~~00 SubE'n9on
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'~. i ' ~ o ~~ T~ . ~„ y~ - -~ ~ f o the Natmol GeaEetc Vertcal Oatum of 1929 lAe vct'ml can6nl pants uscl fn
f i ~ - . u' ~~pmp~~ ~ / ~ tM1 s survty ve county detignat'an numbers 2fi07601 anE 9fi43A01
wmn <~ oJ ``~ ~ CammanYA~¢o po, ~, 1 7HIS IS NOi A BOl1N~PAY SIIRVEY The baunEary I'nes shawn hcean ve baseE on
' ~ iract F m ' Flondo ~f yALDW00D °~ment .~~s 9 an. as ' ~ ' ~ ; f£446 41'>~ \ \ tM1e heu117,1O5EatM Na~rch~Ob 1006 ~far~bauntlary anE9ltleonfamotan~Y O~afe<t
P0'"e` ~ Le end
ine Hicn~ANOS secnon mreeE ~~5 PeY P~~im 19~ P09e ~ - ~~/ `~~ ~I ~a 93 ~o~ 92 ~0~ 91wi~owooo 9 Legend & Abhreviations au praoeny aescr~pran .m proNaea ey m< a~em.
Plat Boak 1J, Pa e 48 P10, B~ ~~ ~°~ 94 Plat Book 19, Po ~ ~' - denates woaE pawer pole
9 '' ~ a.e muu x~a eu~~ ~ LOi~aaSUi it~[a::m:m 9e PRN - Eenotes pemancl refamce mmument 5. Thls Sur;ey nas perlarmeE lar ihe sole mE exclusive hmefil at the ntlties IlsteE
~- Eenaks metol pawer ptle A<rmn and sM1all not be relieE upon by any alM1er mlity ar IndMEUaI wM1amsaeve.
~ ~~ PSM1! - Eeno~es Profnsimol Surveyar onE M~per
~~ ' ~Y- - Eenales ocer~mE poWer line ~B - Eenates Land Business B~P oY the`obWerernat locoitl`~n<e ol untlergrwnE utillties are shawn, untlergrwnE
I .~ - Eenates gu~wire and an<har R/W - Genotea right af nay 7. Subjectnpr¢ctylies wiNin Zanes AE and % aaorEing to tl~e Nationol FlaaE
Legend 0 - Eenaks ele<lric riur baK p,B. - Eenotes Plot Bad~ Insurance Program Rate Alap number IPII70717U E, Ealed Apr1 I7, 1995.
iroK F
1NE HIGNLPNOS SECiION iNREE 0- Eenaln IelepM1ane rlfer bow 8. SubJect pr¢cty <ontains 47.052 acre; morc or less. This orca ctlalat'ian is
Pb~ Baok 1I, Paqe 98 ~ - Eenotes tlionge af Eirectian O,R. - Eenoles 0f6cial Recaks Baok ItaseG m tM1e dimmsiaro ham lhis survey.
0 - Eenates cable itledsian nser hoz p9 _ denoles Page 9. The fealure slmhols EepicteE an ihis s~rvey anE In tM1e IegmE are shaWn kr
- denoles recoveeE 5/8' Iran rad stamOeE ~_ denaks moBho~ 9rapAic Wrpasn anE may not be drawn lo smle
0 'LB ]415', unless otherwise nahE P.C. - Eenotes paint of arwWre
- Eenales Wale vala 10. Subject proprty is wcant IanE with the evreplion ol the Elsm porrel nhlch has
- Eenoles auvereE 4" ~ 4" concrete ~ P.i. - Eenates paint af langenty errral buildingy sM1eES, oIE lencea anU a~M1er mm-made imprawmmis. Pnere are
~ manument stamped 'PAM 1005', unless }y Eenates lire h}dront alsa uwral EA 4oils nilh berms anE hales lhrcughaul Ne subpct praperty Ihat
otM1erxix na~eE '~W RCP - dmoles reinbrttd conttete pipe appear lo be useE far alf raaE recreatlm by pmple an motncycles ontl lour Wheel
-- Eenaks Wolc I'ine all tercain veM1icla. Same af IM1e berms anE holes may na~ ~e shown herem, due ta
~ - denoles set 5/8° 'ran roE and cap -~ CMP - Eenahs cnrugotM metal pipe the sixe anE Eetail.
smmPea 'PSr~ ssos', ~mes: ocn<~s< ~a~ea -~- - a<naies sewer one M~s - a~oies mngm <~a x~no~ n. mts s~rve ~s me M'~n~m~m remnkai smnaaras xc rorm 'm viortaa
y m<e t to FlaiEa SlaWle Ua t 471.
.5~.~ - denoles spa~ elewtlan ~- Eenates Wotc well PAminis4otiux CaEe Rule fiIGl7-6, pursuan p er
FFE - dmale IinleM1 Oaor tlevatian
l~l,_ - Eenotes mntaur line k elevatim q - Eenaks satelfile Eish 12. This Survey is no~ wliE wilhoul tlte signature and original raisN seal of a Flarida
licensetl wrvx~ar anE mopper.
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Properly Oescriplian y i m
Boundary Survey of A parcel of land being a portlan af Lats I6, I7 and 21, Black C", af DR M1IIiCHELLS SUR4EY OF 1HE LEVY GRANi ON LAKE JESSl1P rerorEed Q ~~
in Plat Boak I, Page 5, Puhlic RecorGS of Seminole County, Flarida; Md a pa'tion af Lats 15, IB, 17 anE 18, Block "B' OAK GROVE PPRK, +' ,~
cvGing to ihe plat thereaf, ns recorGed In Plat Baok 7, Page B3, Public Records of Semintle Canty, FlariGa; AnG Lots 14 and 75, a partian 3 ~ '~ a
portions of Sections 28 and 33~ of Lat IS anE a partlon of Flaida Avnue anE unnameE nght of'wy af ENiAIINGER FARMS, AOOIIION N0 7 as recardeE in PlnteBaaM 6, N 0 a~ m
Page 27, Public Recards al Seminale Caunly, Florida; And Lots 10 and 11, FLAM1IINGO SPRINGS, acwrEing lo the pla[ ~hereal, m cordetl In C ~~
Plat Baak $ Page 27, Public Recards ol Seminale County, Flarida; all Inng in Sectlons 28 anE 73, iownship 20 Sw[h, Range 30rEmt, O ~ ~a
Township 20 South, Range 30 East, Sem;„a,e ~a~n,Y, F,o,;,a a~a ,e;n9 „,ae Pa,,;a,a„Y ,e,~,;h~ a, ,a„aw,: ~ ~ e
Winter Springs, Seminole County, Florida ~mm~ntt a~ ~h~ sa~~~as~ ~om~, o< <at ~zo, W~~~~, ,«o,a~a ~~ P~e~ ~ak ,9, Pa9~, ~, e, 9 a~a ~o P~b~M R«a,a, o~ s~m~na~~ °~ ~ ~ 9
Caunty, Flanda, said Southeasl camer of Lat IPO lies on tlte Nar[herly line of Tract "F~, iHE HICHLAN~S SECiION IHRFE, recordeG h Pla~ Book ~a ~~ Q
17, Pages 48 anE 49, Public ReccrES ol Seminole Caunly, Florida, soiA Southeast <amer al Lot 120 also lies m the Sauth line af Lot 21, p_ ~ c~ ~
Block "C" of 0. R. NI~CHELL'S SIlR4EY OF 1HE LEVY GRANT, r~aEeG in Plat Baak I, Page 5, of the Puhlic Rsords ol Seminole Caunty, a ~ ~.
FloriGa, thence S 83' OB' 71" W, 955.08 feet along ~he Southerly line ol saiE VNl-NG00, said Southerly line af WILOW000 also heing Ihe (~iRE1PF{[C SCEILE ~ a ~ 3~
Northerly line of soitl iract 'F', soitl Southerly fine of N7L~W00~ alsa being the Sou[herly Ine of saiG Lat 71, Alack "C~, lo the Sauthwest
r of Lot 95 of saitl N1LDW00~ anE sai7 point alw lying m the Eastaly line af a 175,0~ Poat wiGe FloriEa PoWS Corporatim Easement~, ~~ ~ ~~ ~4~ ~ ~~ 3 u M
th nce cmtinue S 83' ~8' 22' W, 15.08 feet ta the POINi OF BEqNNING thence N 10' 00' 70" W, 729.57 feet alang a line lhat is IS.~Q fee[ ~~ ~° m
~rest of antl pomllel to lhe Easte~ly Ilne of said Flaritla Powc Caryaratian Easement to the Soulherly right-af-way af WiltlwaaE Orive; lhmce 5 ~~ o ~n'~
59' O6' 42' W, 17125 fcet alang saiE Sathaly right-of-way line ta the Weslerly line af saiE 175.00 faot wiAe Florida Power Corparatim 'a < ~~
Easement; Ihence N Ia' 00' 30" W, fi4.22 feet along mid WesteAy line to the Nar[herly right-ol-way line af WlldwooE Orive~, thence N 59' O6' ( IN P88T ) v a n a
41" E, 171.25 leet along saiE Northely right-of-way Ilne la a point m said line [ha[ is 15.00 fee[ west of and parallel ta the Easterly Ilne af I inch = 144 (~, ~ a d,~
saiG FloriGa Poner Corparalian Eosemenl; thence N 10' ~0' 7~° W, 541.12 feel olmg saiA Ine; thence N fi7' S7' 74" W, 357,87 feet along a 3° m N o
Ilne that Is 15.00 leet south of md paralld to the Nartherty Ilne of said 175.00 foot wiEe FlariGn Pawer Corparatian Easement to the Southerly N c a
eztensian ol Ne Westerly line of sai7 WIlDW000', thence N 26' 02~ 26" E, I5.00 feet along wiE Southerly exlension of lhe Westerly line al saiG s U u 3"
N1lDNq0~; thenm S Afi'02'/Q" W, 94,~4 feet; lhence N 03'S7'20" W, 352J2 feet ta a pain[ an the South right-of-way line af SheparG AoaG ~
cevGing to Oificial Recards Baok 178fi, Page I715 af ihe Publi< Records al Seminde Caunty, Flarida; thence S 86'0P'44" W, 84.00 feet alang ~ u ~~
saiE Sauth right-of-way Ilne; thence 5 0357']a" E, 288.00 feet, ~Nence S 86'01'40" W, 113.09 leet t~ a point on the Natherly extensian af
the Eoslerly I'ine af Lot 15 of saiE Bla& °B"; thenre S ~4' 49' 15' W, 370.00 fee[ along saiE NarNerly e~tcsinn antl ~he Easkrly I'ine of La[s U A
15, 14, 17 ond 12 af saitl Black "A", to the most Southerly caner of saiE Lat 12, Block 'B'; thence canlinue 5 04' 49' 25' W, 955.32 feel ~
Lot 15 olang the Eaststy line af saiG Block "B'; thenre S 87' 08' 22' W, 208.ffi leet, thence S 04' 4fi' P2" W, 785.60 feel; thentt N 8}• OB' 22" E, v
ENiZMINGER FARMS 225.00 feet la the Weste~ly line of Lot 24, FNi2MINCER FARMS AO~IIION N0, 7, recw'EeG in Plat Botli 8, Page 17, Public RecarGS of Seminale m
3¢s io g waie~ ~ 9e Count , Flanda', thence S 04' 46' 22" W, 400.07 feet alm the Weslul line of sai
/ p Y~ poin d Lot 24 to ihe Southvest arner of mid Lat 24, said ~
g an y rg y o a Avenue, lhnce N B7' 08' 12
Aecavered 1 1 7" iron ipe ~ J Plat eooks6a~46 ZZ ~ depa~ting~sniE Nartherlytrighl-ofhtway line, S'O6'S1~3B" E, 50.00 feet to a t on E, 439.97 feet along said Northerly right-of-vay, thence
ll~e Southerly righ[-oi-nay line of saiE Florda Avnue, said
1.00 narth & 0.17' east ~ W point also hemg on the Easterly ngh[-af-xay Ime of LaMe Luceme Orcle, FLAMINCO SPRINCS, acmrGhg to Ihe plat thceof, as recorded in
785.A0' Plat Aaak a Pa9e 27, Public RecarES af Seminale County, Flaritlo; thenre 5 34'06'21' E, 74.A~ ket olong sai7 Easterly rigM1l-af-woy fine onG
Lot IS Westerly line of Lot 10 al saiG FLAMINGO SPRINGS', thence S 31'41'48" E, 73.29 leet alang saiE Easterly nght-al-nay line anG Wwterly line af
ENiZMINCER FARMS 9 ~""~ Lot 11 of said FLAMINGO SPRINGS; ~hence N 83'dB'P1" E, 350.28 ket alang the Sau[h line of said Lat 11 and the Easterly extcson af saiG o
~ Plat Book 6, Page 21 a ~ Sauth line W a point on the cenlaiine of o 25.00 foot witle unnomM righl-oF-way ai saiE FNi2MINCER FARMS, ADDIPON N0. 3, as recarGeG a
~ Eage ar„oi~ BOa[ Lake n Plat Boak fi, Page 27; Iheice N OS'11'27" E, 974.00 leel along said ceitalne ta a poin[ on the South line af Lat 21, Block "C" oi mid E
m ~.R. M1IIiCHELL'S SIlR4EY OF 1HE IEVY GRANi ON LANE JESSUP; ~henre N B3' 08' 12" E, 65.51 feet along the Sath line of sald Lat 21, Blxk ~ ~
o N o~ 'C° to the POINT OF BEGINNING.
~/ ~ ~~ m N Block "B o : o~
Southwest cans portion of Lo~ IS OAK GROVE PARK ~
af Lat i24 Westerly line o( Lo[m2q I~ ~re ENiZMINGER FARI~S N f Pbt Aook ], Page 83
o J o~ D~ ) Plat Book 6, Paqe D Lot 2 ~o' } I ~
Remvered 5/B" iron rod a g 04~ ZZ W ~~ Nast Sautherl f Lot I5, "~ .
& cap slampM 'LB6767' ~ 400.47' ~ Lot 4 / ~ot ] Y 9 mer a P~ Q T ~a ~ m
~ o z 25.57 Lot e Black "B", OPH GROVE PARN ~ m ~ -
/ Lot 9 / Pla[ Book 7, Pa e B3 9`; a
RecaverM I° iron pipe J / Easteiy line af Bloek "B' ~°~ ~~ Black "B"
Lot 11 ~o~ 12 OAK GROVE PARK / ` a y
0.76' north k 3.04' easl Plat Boak I, Pa 83 a ~ ~ a
Boa[ Lake ~ 5 04'49' Lot 13 Lo~ 14 Lot 15 a ° T~'`
i2 :outn k a.o east Northvrest rnrner o( Lo~ 24 ~ [aqe or , / 25 W 32 Eosterl li e af I I 9e Lot 18 a ~ a m d 4
, ~
_ z `~y 95S~p' '6 ~° e~e ~r.a[v Y Lols 75~ 7q ~3 & ~Z Easterly line af Lot I5, Blaek ^B~~ / ~ 1
I p N 44'49'25' E Northerly extenslm af [he EastMy line of Lat 15 \ ~
£m Mos~ ~~ineriy ~orn~ ar ~ot iz ~ s oa• ~a.oo' / /
~925~ w /NOrtherly line of Lal 18 ~
ftn<everM 4" x 4" 770.00' & Sout~h R/W line~ ~
te manument S O4'49'ZS" W 60.~'
^\ ~stampeE 'LB 4475 Lot 16 327.97' f fi0' R/W ~ ~ O ~
I o Lat 24 m
ENiZMWGER FARMS / / I A T M W~
A Plat Baok Q Page 2~ ~ Lot 1] a ~Q,Od~ £ -p Q T
£ p - / op. / '~a
sal cr~~
o '~ m' , 6
l a D ~ Southerl line ol ~ / ~£ ~ 0757~20° E 2AB,~~e r ~~ o T~ ~U
m A N Lot 1fi, Black °B° / / p u a I j O
~~ / ~ Lat 18 ~' 7 C~ 0
OAK GROVE PARN £ p
5 p591~3E E sa~in i~~e oi wi: ~s, ie, n a ie /\ PIa1 Book ~. P 83 ~527Z AEGitianal R/W N++ ~'C
I~~ ~ N p}'S7'20" W for SheparE RG. i` ~~ ~
~c~ / z ~ m N I O.R. I7H6, Pg. 1715 a~~~
g ~,~ 21 E ~ East Ilne af Lot 24 s~)s~e° ~ p/ a~~ Norlh<rl line ol Lot 7 0~ N
y~ +° ~ Northeast comu £°~ N 0~
°~° A° ti ~ o~ ~ ~~ ~aia ~ soum e/w rne o
~ ~~ ~~ E ~r~ F ~ffi,a ~ ~~~ ~ ~ ~
e~'J;~o"~ g,e°,~0~ a 1 or wt za ~,~ _`~ o N2 . N ~ m m c
K 5 a j s of 60' R W c a'~
~ ~ ~ A ~ ~~ 4i~ s~e ~ ., m
p°~ 3~ary .~`Y'1 West line ^/ c ~ ze 0 0 C V1
5 ~ J af Lol 10 Westerly Ilne of~ ~o o~n e~ n / P.C. a 3 ~
/ Floritla Pawer Easemenl ' 0 3 ro ~=756.0]'- ~ 0+~
Nest line / Q ao 4,~n/ ~~ N 03'57'20~~ w r ~
m oi Lot 11 3-~ / ~. e Clust4r 9 ~ P.T. o6A'02' ~
0 30 ~ Ga ^~ iao I D I oo ~~~ a
P m i ' u oit I ~ g Nart~xest carna af
m Lal 10 / a # N1L~N000 S~bE'rvisian
_ La[II £ ~ ~~ e3e0 m ;/ I ~
a a c auster "P"
Lot 25 ~ ae".° ' Rld o s[erly Ilne a
0 3 ~ a D ENiZMINGER FARMS z "' da Paw~ EOSeMeni ' / Q i~ 3 4ena f WL~W00~ v
N 'm ? Plot 9ook 6, Poqe 2~ -~ ~ ~ ~~~~Q of Fb~' / ~ ^ ~ ~~bM / ~Q ~ ~~ oy
; r5 ~ N W¢star y .
9~ ~ / I_ ~///~ =2 /~h~h.
_ ~ a~ N ~pq0'30~~ w ~ / / 2
~ m o ° 84.21~ ~ / ~%
~ m~ ' / ' ' ' ~ LESS ANO EHCEPi parGOn of power I /~
N y easement per O.R. 1854, Pg. 408 I 5. 0 0'
Soulh line of Lot II / ~ ~ S e e a~' Y/ f Fl ~[pseme~i / I ~ Sufve f S Re oft
'~' ~2 &' Normerl R W line aid° P°w 3
', ~• a' ?: asterlY line o W 54112~ ~ 3 Yn p
~Southeas~ comer o~ Lat 25 ~ ~~ ~ ~ ~ ~ ~ ~ / N
~R 68~~' ~ / ' I I Eosa'^e~t ~ ~ k J I5.04' N~~ 30 W I L ia.o'umnr m9~em I. Aearings shown herean are basetl an the Saulherly line of MLOl1bQ~ SuhGi~sion ,_
~ N 05'11'22' da ILD p
~ ~.a0' / E ~ East line o! L61.315 /2,50~ ~~~ ~ 175 Flar~ PQPPBatok 19 oPa9oO ~ef SouNerentR/W line ~~'Q~4 4 / I I I~ N 150~'03' 3 Clusie~ "w~ ~ m~mm~ftrnenlsY ~s pearfbrmMrvW~ h Tillebinsurra`nce Cor fall i
~R xing two tltle insurance
2~ /~- N 05 ~~~Z~" E~ ~ Northeast mmer af Lot 25 P10~ of P ~n ~ X prepore y ycs paa ian: Oittmer parcels
\ Eas o ~ ~Y m Cus mmitrnenl arEer number 20314540LA, GateG Januar 25, 2005 ond Elsea I
Center line af 25' llnnamed R/W 25' llnnameG R -~ ` ~r~5 ANO Ex4 P9 P408 n 1'1ne of Florida P°iye~ =95i i=~ ~Ad -3 Ciuster y Q anmsalG~conmmlimen[sZanEShas nata etmrheG lheY 4blcarec ds for easemenlsrafed v
~- 974.00' 85 t ~lY ~~ ' 0 $ 3 ~ P~
/ /W per P.9. 6~ Pq. 27J ~ R/lS~ Pe~ ~R' 1 E~ e ~~ ' remrd. «
3p^ W ~ L ~oa u ivEas~e~~ s P ~ Legend o
iroct F ~~~' ~ .a m~in I5.00' ry 10b~ ~,}~^ W ~ \~ L \ 3. This wrvey and legal Gesnptian was preparea for ~he client far the purpose of a
N B7'08'P4" E~ ~ ' OB' PRM Genates t reference manument ~evel t Plan. ihis tl al IanG cmtains several tax I For addilianal
iNE NIGNLAN~S SECiION iNREE' 'ry 10' a permanen cpmen pare parces.
Plot Book 1], Page 48 POiflt Of 82(fillll~lli(J Bi51' ~~~~ 3 ~~ ~mm0~ A Qa , boundary infarmation af [he inG'rvidual pu'eds see that rertain hounda'y survey
PSM denotes Prafessianal Surveyor and Mapper preparM by Ben hmark Survrying k Napping Cansultanls, In<, unGer projec[ number
~/ ~ ~ oa < "j0 J Lo~ 91 \ 217.10, dated Ma 10, P006.
~~ Ea~meM1t o.a so~m a i.a w:i . e93 La~ `32 lB Aenates LanG SurveNng Business y
~'IS ~10f~PePplot 1 W~L~o9~ ''~~S 83'OS'22" W~--/ J ~o, 95 Lot 94e1 Lo~ plat BooLOW90Da9e R W detotes r' hl of wa hereon anG shall noteb<artliMr~on b~ale antlher~enti~ benea~vi u IhWhe~n~s['~~e~lfsted
/ q y p y any a y or in a
eoak~9, ~ is.a2' I- o v~emem ~ E
plat ~~ Sauthxest corner of Lot 95J I ~~' P.B, denotes Plat Badi & Only Ne abovegraunG e.iGence af undergrounG utifities are shawn, untlergranG m ~
~ ~ improvements were na[ locoted. ~ Z ~ o
I~~~ I O,R Genales ~fficial RecarGS Baok ~
6. Suhject property lies nithin 2rnes AE anG X acrording La the Natianal FlmE ~ v II ~
~~ Pg. Genates Page Insurance Program Rate Map number 1~117C01}p E, dated Apil 17, 1995. N ~o
iract F P.C, Genotes 1 of arwWre 7. Sub'ect t [ains 47.094 acres, more or less. 1Nis area calcula[ion is a
Sauth Ilne af Lol 71, Black "C" poin ~ proper y con
iHE HIGHLAN~S SEClION iHREE ~ p.R. MITCHELL'S Sl1RVEY OF ME LEVY GRANi baeeG an the Eimensians Irom lhis survey.
Pla~ Baok 1I, Page 48 P.i. denates point ol tangenty
/~ ON LANE JESSUP, Plal Baok I, Page 5 5 The fealure symbals Eepicled an thls survey anE In the IegsE are shoxn Far
/ m onG Soulhaly line of VALOW00~ Curve ~oble (0) Genotes 7imension baseE m legal tlescriptian grophic purpwa anG may nat he Erawn [o scale.
Plat Book 19, Page 7 . m
Curve RaEius ~elto Length harG eanng M tlenotes tlimensian boreG on feltl meosuranenl 9. Subject property is vacantlan7 wiN lhe exceptlm af lhe Elsea par<el which hos O
Northerly Ihe af iracl "F , ' C1 I75,00' 2959'46' 91.62' N IIG2~33'~ E (~ everal builGin h 7 IE knces and other man-maEe im t ttiere are ~ \ ~
7HE HIGHUNOS SECPON THREE m, N~ gs, s e s, o pravemen s.
Plat Book I7, Page 48 • Genates change of Girectim Is several Girt trots ihroughout lhe subject property thal qipear to be usetl for 0 y N ~
£ off rooE recreatian hy peaple on motarcycles anE four whetl all temain vehicles. SoiE N «
improvements ae no[ shown hereat. p ~ 0
Genates recavere7 5/8~ iron roG stampeG 'LA 5225~, o
Point Of CammenCemenl ~ unless othenvise nateE 10. Ihis survey meets the Minimum iechnical StanEarGS set farth In FloriGa n ° N m
Southeast corner oi Lot 120, AGministrative Code Rule fiIC17-fi, pureuant [o Florida Stalute Chaptr 472 u ~ ~ a
WIL~WOOD, per Plat Boak 19, 0 7enates recavere7 4" x 4" c vete manumml a m
Pages 7- 10 stamped 'PR~I 2005', unless atherwise noted I I. This Survey is nat wliA wilhout ihe signature anE original raised seal of a FlariAa u N
IlcenseA arvxynr anE mapper. ~
~ Aenates set 5/8" iran rad anG cap
stamped 'PSM 5]OS', unless olherwise nated
Sheet I of 1
te Benchmark ~ 2 ~
Top of noa ane a~su
Elevation = 5B.64'
. ered 5~8" iron rod
cap stamped 'LB6]6]'
=Peea ~
,oo e~ s,z ~
~
,s~ R~ i
:aG ~~~ ~~~
G~~ ~
t~¢
2
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DµB ~ ` ~
V
3~ ~o <d9< o~ no~~ ~
e~~e~a ~ ~/i' ~~~a~ p~ e
I.00' orih & 013~ t ~
~o~ ,s
EMZMINGEF FARMS
Plat Book 6. Paqe 2] '~? ~ o
~~
u meV: r~<
:r~ =se~,~ ~~
~~ wa ~eV = r watAdecovereda 1'1 o~e m
ri 6
~.soutnwest comer ~
i Lot 24 Westerl li
t
400.Q7p ~ 0 ~~na~
NO 6'22"E \
RetBOI~Un < srt va~n j
N ~ai~~.- I f
es V oy y
, o nQIQ~L~O~
~~0
o a
~0
vy
/ I~0
~ i ~C
, i~ne or ~at n ~ ~
~Southeast a
~~
_'_"_ ~ a_-Rf~ -""'_
o °7
Center lin~af 25
0
~a~e~ E~e~ «~ ~
irac~ F
me mcn~n~os secnoN meeE
Plat Book 1], Page 48
~NIiWUNiNND~IX PNRYJNGCOUNi SIIECA~CUNiIDNS
~Pa~HomeUnils Garagepa~Nlog; •tolalsil¢ar¢a 4lD9acres~appmKimaf¢
iCarGarag¢: 63 1CarGa~ga~~ 147k05=13
2farGarag¢: 44 2Ca~Ga~2ge; PU9x1= 20i OPEN3PNCE
,"PuII~a~Pa~s"iM: ~i~alGarog¢Paiking~ 280spa¢as C¢~fralPark 2,01aores
ifarGarag¢, 64 ~tlv~vrayPa~Ning: PerimelarGreaoSpao¢ 1237a¢r¢s
2farGarag¢: ibi 9CarUov¢rrey 84x1= 84 IotziiorGieenSpace 5,O6aores
~~~,s ~iolals: 2CarUov¢rrey 161x2=394 ~Pow~iEaseme~lG~e¢o3pace i~19ao~2s
ENnMiNC~e FneMs
P~a~ eoak s, Page z~ 1CarG2rag2'~ 141 ~iot21~~~¢w2yPa~ln$'~ 398sp2¢25
78~80, ~ 2Ca~Gaiage: 209 ~PubliaOnSlre~iParkiog; 197spaces Op¢nSpao¢(ParksGross 2fi~63a~res~91%app~oMimafe
Noa•as~zrE .iotalUn~s, 348 ~iotalPa~N'mgSpaces 875 Op¢nSpac¢(ParksN¢t 19.44a¢resJ41°kappmumale
Pa~ogSpacesPerUnit 675~348=251SpacesP¢rUdrt Mefsu6Vactcpowe~¢as¢meoq
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Date: July 23, 2007
The attached document was distributed during
Regular Agenda Item "602" at the July 23, 2007
City Commission Regular Meeting.
. ;
Winter Place
July 19, 2007
Transmission Line Right of Way Use Guidelines
The Winter Place project was submitted to Progress Energy to obtain preliminary
information regarding the use of the transmission easement area. A site plan was
submitted which included changes from the first city commission concept review. A copy
of the transmittal and site plan sent to Progress Energy is included. Also included is a
document titled "Transmission Line Right of Way Use Guidelines" this document
summarizes the allowable uses in a Transmission Line Easement. Types of items
allowed in a Transmission Line Easement within the Right of Way Use Guidelines
include;
1. Structures, Equipment and Storage
a. Temporary and Movable
b. Does not interfere with maintenance of right of way
c. Does not affect safety of public
d. Limited to 12' height
e. Must be 50' from poles and 75' from towers.
2. Immovable Ground Facilities
a. Includes underground facilities (pipelines)
b. Manholes
c. Fire Hydrants / Utility Pedestals
d. Streets, roads, driveways
3. Parking Lots
4. Lighting Facilities
5. Grading
6. Fences
7. Trees, shrubs, bushes, hedges, low-growing evergreens, flowers, grasses, low-
growing shrubs, gardens and other vegetation.
The reply from Progress Energy includes a statement that would allow the walk path
through the easement with certain conditions as stated.
j Message
David Evans
From: Halecky, Robert J [Robert.Halecky@pgnmail.com]
Sent: Thursday, July 19, 2007 2:31 PM
To: David Evans
Cc: aekeen@keewin.net; jfolk@keewin.net
Subject: RE: Winter Springs Project
David,
Page 1 of 2
As we discussed previously, Progress Energy will consider allowing a walk path within the transmission easement
area if it it meets the following conditions:
1. The walk path must be designed and constructed to withstand the weight of PEF trucks and heavy equipment.
When traveling overland, PEF's largest truck (crane) has a gross vehicle weight of 80,OOOIbs (40 tons) without
taking into consideration any load weight (poles). When setting up to perform work within the easement area, any
above or below ground improvements must be able to withstand not only the weight of PEF's trucks but also the
weight of the poles being lifted. Depending on the type and size of pole, this can easily be an additional 30 - 60
tons or more. As a result, PEF's has an outrigger weight requirement (4 outriggers per vehicle) of 70,OOOIbs per
outrigger for any improvements (sidewalk, cart path, driveway, or roadway) placed within the easement area. As
long as the walk path meets this weight requirement, PEF will not object to the walk path being within the
easement area.
2. As most maintenance and emergency' repairs are made within the first 40' of the overhead conductors, I would
recommend that the walk path be as far as practical from these locations. This should minimize PEF crews from
having to drive over the asphalt
3. In the event PEF does have to drive over the asphalt to perform maintenance or emergency repairs, PEF will
not be held liable for any damages.
Regarding landscaping, understory trees and shrubbery that do not grow more than 12 feet in height at maturity
may be planted within the easement area provided the landscaping is planted with the same setbacks as the walk
path. You can find an''Approved Species List" of acceptable plantings on our website
www_,.prgnprojectsol_utians,_com under the section entitled "Transmission Right-of-Way Use Guidelines".
If I can be of any further help, please feel free to call or email me.
Thank you,
Robert Halecky
Encroachment Specialist
Northern Transmission Area
-----Original Message-----
From: David Evans [mailto:devans@evansenginc.com]
Sent: Monday, July 16, 2007 4:58 PM
To: Halecky, Robert J
Cc: aekeen@keewin.net; jfolk@keewin.net
Subject: Winter Springs Project
Robert, we have been corresponding on a proposed residential project in the
City of Winter Springs. Enclosed is a site plan for this project which includes
a Progress Energy Easement area. As seen by the site plan a walk path and
7/19/2007
, Message
Page 2 of 2
some surface parking is included on the edge of the easement. Our intent is
to leave most of this easement in a natural state with the option of maintain
the grass area. Please review this plan and issue a memorandum which
explains that if formally submitted to Progress this type of use in the
easement would be acceptable. To credit this area for open / green space to
the city commission we need an acknowledgment from you. Don't need
anything saying you approve this plan just acknowledge that this type of
development is acceptable in the easement. Thanks in advance for your
help.
David L. Evans P.E.
719 Irma Ave.
Orlando, Florida 32803
Phone: 407-872-1515
Fax: 407-246-0963
a
NOTICE - The information contained herein is for the sole purpose, receipt, and use of the intended
receiver. If this email has been received in error, please do not copy, forward, or otherwise tamper
with, or mutilate it. Please reply to the sender as to the error and then immediately delete this
message.
7/19/2007
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, Prime Utility Rights of Way through north and central Florida Page 1 of 7
Transmission Line Right of Way Use
Guidelines
Progress Energy's goal is to provide safe, reliable and
economical electrical service to all customers. Keeping
electricity reliable requires unobstructed access for
maintaining power lines, facilities and rights of way. The
following list has been developed to provide landowners and
other interested parties with a guide for the use of Progress
Energy's transmission line rights of way. If you wish to use
a Progress Energy's transmission right of way, please
contact a Progress Energy Encroaclzment__Re~c~sentatiye.
concerning any proposed plans.
The guidelines presented below should be used in planning
every project. However, compliance with these guidelines
should not be construed as permission to use Progress
Energy property without a written agreement executed by
Progress Energy. Applicant(s) will be held to the guidelines
in effect at the time the application is received by Progress
Energy. The guidelines are subject to change without prior
notice. For easements acquired by condemnation, not all of
the guidelines may apply.
Progress Energy does not guarantee your requested use to be
completely compatible with the safe and efficient operation
and maintenance of Progress Energy's existing and future
high voltage electrical lines. Any remedial action required to
resolve a subsequent conflict will be at your sole cost and
expense.
Progress Energy transmission rights of ways contain high
voltage power lines. Extreme caution must be used when
working in the right of way.
If you have any questions regarding the Transmission Right
of Way Use Guidelines, please contact a Progress Energy
F~ZCro~chinent_ Re~resentative.
Structures (any man-made assembly), Equipment
and Storage - Under limited circumstances, a
structure, piece of equipment or storage may be
allowed, with prior written approval from an
authorized Progress Energy Encroachment
Representatiye -- if they meet all of the following
criteria:
a. Is temporary and is easily and immediately
movable at owner's expense.
b. Does not restrict complete access and
http://prgnprojectsolutions.com/landuseguide/guidelines.htm 7/19/2007
~ Prime Utility Rights of Way through north and central Florida
maintenance of line or right of way, or future use by
Progress Energy.
c. Does not adversely affect the safety of
customers, company personnel or the general public.
d. Is not located under and at least fifteen (15) feet
beyond the outer most conductors and does not exceed
twelve (12) feet in height.
e. Is not located any closer than fifty (50) feet from
any transmission pole(s) and anchor(s) or any closer
than seventy-five (75) feet from any transmission
tower(s).
Structures, equipment and storage include, but are not
limited to, the following: buildings, sheds, storage
facilities, trailers, signs, street or area lights, hunting
stands, recreational facilities, dumpsters, satellite
signal receiver systems, items within storage facilities,
garbage, trash, uprooted stumps, boulders, rubble,
flammable material, building material, and junk or
inoperable vehicles. Permanent or non-movable
buildings, swimming pools, mobile homes and
airstrips are not allowed within Progress Energy's
rights of way.
Immovable Ground Facilities - Under limited
circumstances, immovable ground facilities may be
allowed, with prior written approval from an
authorized Progress Energy Encr~~ic_hmeilt
Representat_ive, if they meet all of the following
criteria:
a. These facilities must cross the centerline
of Progress Energy's transmission line at an
angle of forty-five (45) degrees ar greater and
the edge of the item is at least fifty (50) feet
from Progress Energy structures and fifteen (15)
feet from anchors.
b. All underground facilities must not extend
above surrounding grade, and must be capable
of supporting the vehicle loading described in
the section on Pipelines below.
c. Manholes must not extend above
surrounding grade and must be capable of
supporting the vehicle loading described in the
section on Pipelines below.
d. Fire hydrants, utility pedestals, or any
other above ground facilities shall not be
allowed directly under conductors or within
fifteen (15) feet of the outer most conductors.
Immovable ground facilities include, but are not limited to,
Page 2 of 7
http://prgnprojectsolutions.com/landuseguide/guidelines.htm 7/19/2007
. Prime Utility Rights of Way through north and central Florida
the following: streets, roads, driveways, water and sewer
lines, ditches and any underground facilities. If during the
construction of facilities, a customer cuts or damages the
counter poise/grounding grid, the customer must reimburse
Progress Energy for the cost of repairs.
Septic tanks and/or related drain fields, absorption pits,
wells, burial grounds, and underground vaults are not
allowed within Progress Energy rights of way.
Pipeline projects (fuel, natural gas, storm sewer, '
sanitary sewer, water, etc.) are subject to a$12,000
preliminary review fee, plus the review consultant's
fee based on the type of product carried in the pipe,
the size of the pipe, and length of the pipe in the right
of way. The Encroachment Representative will review
your project plans to preliminarily approve the
location of the pipeline within the right of way. Your
application must include plan and profile drawings,
cross sectional drawings depicting the proximity of the
pipeline and any appurtenances to the existing
electrical facilities, location maps depicting names of
major streets and intersections, and a list of properties
and easements owned by Progress Energy by county,
section, township and range and tax parcel
identification number that are involved in the project.
Underground pipeline facilities must comply with Progress
Energy Pipeline Coli,ocati~n_Guidelines. Any exceptions to
these guidelines must be granted in writing by Progress
Energy. In addition, all pipeline projects must comply with
the National Standards of Canada, specifically "The
Principles and Practices of Electrical Coordination Between
Pipelines and Electric Supply Lines" CAN/CSA-C22.3 No.
6-M91 prepared by the Canadian._Standards_.Association.
Progress Energy requires all pipelines to be installed in the
outside five (5) feet of the right of way and to have sufficient
earth cover to prevent breakage due to the operation of
Progress Energy vehicles and heavy equipment in the right
of way. Progress Energy's heaviest piece of equipment has
three (3) rear and two (2) front axles, twelve (12) rear and
four (4) front wheels and weighs one-hundred (100) tons
when lifting its maximum payload. In addition, all
underground pipeline facilities shall be designed to support
crane outrigger point loads of seventy thousand (70,000)
pounds each. No work shall be performed by a dragline or a
cable type crane. Refueling activities are prohibited on the
right of way.
A pipeline interference study must be performed at
Page 3 of 7
http://prgnprojectsolutions.com/landuseguide/guidelines.htm 7/19/2007
• Prime Utility Rights of Way through north and central Florida
applicant's sole cost which will include a soil resistively
analysis, inductive analysis, steady state mitigation design,
conductive analysis, gradient control grid design and an AC
miti~;atioi~.stltdy.. Additional supporting studies may be
required to properly evaluate the project and to ensure
technical compliance with Progress Energy's collocation
guidelines and the Canadian Standards, the cost of which
will be borne solely by the applicant. Cathodic protection or
other safety measures may also be required. Applicant will
be required to pay for all expenses incurred by Progress
Energy and its consultant during its review and safety
evaluation of the proposed underground pipeline facilities.
The applicant, at applicant's sole cost, is required to provide
Progress Energy with an appraisal of the utilization area
prepared by one of Progress Energy approved appraisers.
Contact the Encroacilment_ Re_presentatiye in your project
area for a list of Progress Bnergy's approved appraisers.
Upon receipt of the application, the $12,000 fee, and the
coilstiltant's_fee, Progress Energy may provide, upon request,
voltage information, present and future loads, fault current
studies, conductor and OHGW classifications, tower/pole
configurations, spans between towers, circuit drawings, and
ground impedance of towers.
A final agreement will be prepared upon Progress Energy's
confirmation that the proposed pipeline facilities comply
with Progress Energy's collocation guidelines and the
Canadian standards. No work may commence in the right of
way until a final agreement has been executed by both
parties. Applicant is required to pay Progress Energy for the
costs of hiring a Progress Energy approved inspector to be
present during construction activities. A minimum of four
(4) to six (6) months will be required to review your project.
Parking Lots may be constructed on Progress Energy
rights of way with prior written approval from an
authorized Progress Energy ~ncroachment
Representative, and if they are in compliance with the
following conditions:
a. That the near edge of pavement shall be
setback a minimum of fifteen (15) feet from the base
of all poles, towers and anchors. Exceptions may be
granted on a case by case basis if applicant installs a
barrier adequate to protect the pole, tower or anchor
from accidental vehicular impact. The type and size
of barricade shall be at Progress Energy's sole
discretion and the costs are to be paid by applicant.
b. That the nearest drive lane to the overhead
Page 4 of 7
http://prgnprojectsolutions.com/landuseguide/guidelines.htm 7/19/2007
. Prime Utility Rights of Way through north and central Florida
conductors shall be a minimum width of thirty (30)
feet wide and run parallel to (in the same direction as)
the transmission lines to allow Progress Energy's
trucks and heavy equipment to be able to utilize the
drive lane(s) for routine and emergency access to the
overhead conductors.
c. No grade changes are permitted within fifty
(50) feet of Progress Energy's poles, towers and
anchors without prior written approval.
d. No lighting facilities are permitted within fifty
(50) (feet) feet of Progress Energy's poles, towers and
anchors or directly under the conductors. All lighting
facilities must maintain at least a fifteen (15) feet
setback from the outer most conductors and not
exceed a maximum height of twelve (12) feet above
existing grade within the right of way. Exceptions to
the twelve (12) feet height requirement may be
granted on a case by case basis, at PEF's sole
discretion, if the Applicant places the light structures
at least fifty (50) feet away from the nearest pole,
tower and anchor and they are at least thirty (30) feet
from the outer most conductor.
e. Signs and other attachments to any Progress
Energy structure are prohibited.
Grading will not be allowed without prior written
approval from an authorized Progress Energy
Encroa~llmen_t IZe~resentative. Any grading that
interferes with Progress Energy's ability to perform
routine maintenance or emergency access to its
facilities will not be permitted within the right of way.
No grade changes are allowed within fifty (50) feet of
Progress Energy structures, towers and anchors and
any grading that allows water to pond or to cause
erosion around any pole, tower or anchor is expressly
prohibited.
a. For general purpose grading, changes in grade
of more than two (2) feet, cut or fill, are not permitted
within the right of way; the maximum allowable slope
may not exceed a(1) foot rise/fall in elevation over a
twelve (12) foot horizontal distance (12:1 slope).
b. For special purpose grading (drainage swales,
outflow ditches and raised berms) changes in grade of
more than two (2) feet, cut or fill, are not permitted
within the right of way; the maximum allowable slope
may not exceed a(1) foot rise/fall in elevation over a
five (5) foot horizontal distance (5:1 slope).
Changes in grade of more than two (2) feet may be granted
on a case by case basis if the proposed grade changes do not
violate the National Electric Safety Code (NESC) and they
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Prime Utility Rights of Way through north and central Florida
not interfere with Progress Energy's ability to efficiently
operate and maintain its facilities. Additional changes in
grade may be mitigated through the use of box culverts,
stabilized access ramps or dedicated access locations
acceptable to Progress Energy. For drainage ponds, see the
Lakes section below. No grading work may be performed
by means of a dragline or cable type crane within the right of
way. If required by a permitting authority, it is the
applicant's responsibility to perform an
endangered/threatened species study prior to the alteration of
the terrain.
Fences must be installed at least ten (10) feet away
from poles or towers and can not exceed eight (8) feet
in height. Fences may not be attached to Progress
Energy poles or towers. If Progress Energy's ability to
travel up and down the right of way is impeded, the
property owner must install sixteen (16) foot wide
gate(s) and be grounded according to Progress
Energy's specifications. Each gate may be secured
with a chain and padlock, at the owner's expense, to
facilitate the creation of an interlocki~.~adlock
sy_stem with Progress Energy.
Lakes, stormwater ponds, erosion control facilities
and dams that interfere with Progress Energy's
access and/or maintenance requirements are not
permitted. Unobstructed vehicular access to the
overhead lines, structures and anchors is required at all
times for routine maintenance and emergency repairs.
Stormwater ponds located within fifty (50) feet of
Progress Energy's poles, towers and anchors or within
forty (40) feet of the overhead conductors are
prohibited. Lakes, stormwater ponds, erosion control
facilities and dams may be allowed in the outer five
(5) feet of the right of way with prior written approval
from an authorized Progress Energy Encroachment
Representatiye, if they do not interfere with Progress
Energy's access and/or maintenance requirements. As
early in the project as practical, development drawings
should be presented to the appropriate Encroachment
Representative for discussion. (See.,Sain~le__Project
Drawing)
Trees, shrubs, bushes, hedges, low-growing
evergreens, flowers, grasses, low-growing shrubs,
gardens or other vegetation may be allowed with
prior written approval to be planted within Progress
Energy rights of way must not exceed a maximum
height of twelve (12) feet at maturity, and may not
interfere with Progress Energy's access and/or
maintenance requirements. (S~e_~~proyed_S_pecies
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• Prime Utility Rights of Way through north and central Florida Page 7 of 7
List)
. No item shall be allowed on Progress Energy's
rights of way that violates the National Electrical
Safety Code.
. No burning activities are allowed in rights of way.
. No stock piling of dirt or materials are allowed in
rights of way.
. No refueling of any kind is allowed in rights of way
. Access to electrical facilities for construction, repair,
operation and maintenance must be maintained at all
times. An obstructed, level, and thirty (30) foot wide
accessway must be maintained adjacent to and
underneath the overhead conductars and to each
transmission structure for Progress Energy to perform
routine maintenance and emergency repair.
The Bartow Anclote Hot Oil Pipeline is located in
Pinellas County, Florida. Projects located in the same
right of way as Progress Energy's Bartow Anclote Hot
Oil_Pi~elin~ must comply with Guidelines for
Construction_ Crossing._of_tlle_.B/A_Oil__Pi~eline. If
Progress Energy determines your project increases the
load over the hot oil pipeline, increases the
environmental risk of the pipeline or it potentially
affects other public services in the pipeline area, you
will be required to encase the pipeline at your expense.
All work will be planned and performed by Progress
Energy personnel.
Two additional sets of drawings showing the depth of
the pipe and the area of the proposed construction
must be provided with the initial application. Progress
Energy will prepare a time and cost estimate and you
must enter into an Authorization and Agreement
Contract for the work. Full payment of the contract is
due prior to commencing work.
Conservation easements are fundamentally
inconsistent with the requirements for the operation of
an electric transmission or distribution line.
Conservation easements are not permitted in the right
of way
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