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HomeMy WebLinkAbout2011 06 27 Public Hearings 501 Jesup's Landing Concept & Special ExceptionConsent Information Public Hearing X Regular CITY COMMISSION AGENDA ITEM 501 June 27, 2011 Meeting Mgr. / Dept REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing to consider: 1) a Conceptual Plan for 171 townhomes which modifies the approved 185 unit Final Engineering Plan for the former Jesup's Landing townhome development and, 2) a Special Exception to Section 20 -324 (5) of the Town Center Code to permit a deviation that would allow a finished first floor height of less than the required minimum of two (2) feet above sidewalk grade for the proposed Mattamy Homes project located on the property formerly known as Jesup' s Landing. SYNOPSIS: The applicant, Mattamy Homes is requesting approval of a Conceptual Plan for a 171 unit townhome development which modifies the approved 185 unit Final Engineering Plan for the former Jesup' s Landing townhome development, and a Special Exception to Section 20 -324 (5) of the Town Center Code to permit a deviation that would allow a finished first floor height of less than the required minimum of two (2) feet above grade. The subject property is located in the Town Center on the south side of Orange Avenue and is the site of the former Jesup's Landing townhome development, which was approved in 2005 for 185 units. The development was under construction until 2007 until the builder, Levitt & Sons filed for bankruptcy. Mattamy Homes purchased the property in 2011 from Bank of America with the understanding that it was vested, pursuant to the previous approvals and would allow them to move forward with construction under the development order that was approved in 2005. Mattamy Homes has worked with staff to provide a modified concept plan which allows utilization of a different style of townhome design and a slightly modified layout than was approved in 2005. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Town Center District Zoning: T -C (Town Center District) APPLICABLE LAW &, PUBLIC POLICY Horne Rule Powers Florida Statutes City of Winter Springs Comprehensive Plan City of Winter Springs Town Center District Code Developer's Agreement — Barclay Woods II, LLC Town Center Phase I Site Development Permit Agreeement — Barclay Woods II, LLC June 27, 2011 City Commission, Item 501 Page 2 of 7 CHRONOLOGY • Oct. 2004- City Commission approved a concept plan for as many as 207 townhome units with rear - loaded 2 car garages and 128 on- street parking spaces on 17.15 acres. • Feb. 2005- Jesup's Landing Concept Plan revision and Developers Agreement approved for 185 units. • May 2005- Town Center Phase I Site Development Permit Agreement approved between Barclay Woods II and City of Winter Springs (recorded May 20, 2005). • June 2005 - City Commission approved Final Engineering/Subdivision Plans for Jesup's Landing Subdivision. • Sept. 2005 - City Commission approved the Aesthetic Review of Jesup's Landing Subdivision. • Oct. 2005- City Commission approved a modification to Final Engineering for Jesup's Landing Subdivision (addressing specimen trees, bus shelter, & lift station). • Nov. 2005- Final Plat approved by the City Commission. • Jan. 2006- Jesup's Landing Final Plat recorded. • Nov. 2007- Levitt & Sons suspended construction work and filed Ch 11 bankruptcy. • Aug. 2009 - Bank of America took title of the property. • Feb. 2011- Mattamy Homes purchased the site from Bank of America. • May 2011- Mattamy Homes sends out notification packets to the surrounding property owners. • June 1, 2011 — Planning & Zoning Board votes unanimously to recommend approval of the modified Conceptual Plan and Special Exception request. June 27, 2011 City Commission, Item 501 Page 3 of 7 DISCUS SION: Concept Plan: In 2005, Jesup's Landing was approved for 185 townhome units on 17.15 acres on the south side of Orange Avenue in the Winter Springs Town Center. The developer of the community was Levitt & Sons. In November 2007, Levitt & Sons filed for Chapter 11 bankruptcy. Following this, site construction was suspended indefinitely. In August 2009, Bank of America foreclosed on the property. Mattamy Homes subsequently purchased the property from Bank of America in February 2011. On January 24, 2011, Mattamy Homes submitted an application for a Conceptual Plan approval for the Jesup's Landing townhome development. The Conceptual Plan proposes 171, three story townhome units on 17.15 acres and modifies some of the elements of the approved Jesup's Landing Final Engineering Plan. The townhome designs that were approved in 2005 provided for many two story units. The subject property is located in the Town Center district and is subject to the Town Center District Code. The Conceptual Plan proposes access to the development at two points on Orange Avenue on the eastern and western portions of the property. In keeping with the Town Center Code, the units are accessed via alleyways with the garages provided in the rear. The alleyways are proposed at 12 -feet in width throughout the development. A future road connection will be provided in the middle portion of the eastern side of the property to allow connectivity to the adjacent property to the east (formerly known as Artesian Park). In addition to the alleyways; neighborhood streets, neighborhood lanes, and an Edge Drive are proposed in accordance with the Town Center District Code guidelines. The typical neighborhood streets are proposed with 61 -foot wide of rights -of -way. Proposed in this space are two, 6 -foot wide sidewalks, two 6 -foot wide grass strips, two 8 -foot wide rows of parallel parking spaces, and a 20 -foot wide, two -way pavement section. The typical neighborhood lanes are proposed with 51 -foot wide rights -of -way. Proposed in this space are two, 6 -foot wide sidewalks, two, 6 -foot wide grass strips, and a 26 -foot wide, two -way pavement section. An Edge Drive is proposed along the southern boundary of the property. The typical Edge Drive is proposed with a 41 -foot wide right -of -way. Proposed in this space are a 6 -foot wide sidewalk, a 6 -foot wide grass strip, an 8 -foot wide row of parallel parking, and a 20 -foot wide, two -way pavement section. Access to the Cross Seminole Trail will be provided via three access points shown on the plan. City vehicles will be allowed access to the adjacent park via a 20 -foot wide paved access aisle that will be accessed via the aforementioned Edge Drive. Amenities such as a community swimming pool and a meandering walking path and green space are proposed around the perimeter of the reconfigured borrow pit/retention pond in the southwestern corner of the site. The walking path will connect with the Cross Seminole Trail. A second retention pond exists in the northeastern corner of the site. This retention pond was constructed as part of the site work completed by Levitt & Sons. In addition this retention pond will have a walking path and green space provided around its perimeter. A parking analysis that was provided on the plan proposes 438 parking spaces. A break -down of each type of space is noted on the plan. June 27, 2011 City Commission, Item 501 Page 4 of 7 The proposed townhomes are all three story units, with a split level entrance between the first and second floor. The first floor is proposed to function as a daylight basement consisting primarily of a garage and room noted as a home office. The second and third floors contain the majority of the living area. One side of each unit is proposed with a two story balcony that will be accessible internally from each of the three floors of the units. In addition to these balconies, second floor balconies and stoops are proposed on the front of the buildings. Architectural elements including hardy -plank siding, stucco, columns, railings and a gabled roof are utilized in the design of the townhome buildings. An expression line is provided between the first and second floor. Final Engineering for Jesup' s Landing was approved by the City Commission for 185 townhome units on June 27, 2005. The Final Engineering included the approval of a traffic impact study. The project required the offsite improvement of Orange Avenue from the site east to Tuskawilla Road, and this work was completed by the developer and accepted by the City Commission on May 14, 2007. Jesup's Landing is adjacent to Winter Springs High School. Townhoines are an appropriate use in the Town Center, and are proposed on property that is vested for the development of 185 townhome units. The plat for the 185 -unit townhome development was recorded on January 23, 2006 and will need to be modified to accommodate the revised conceptual layout. The project is vested from a traffic concurrency standpoint for up to 185 townhome units, on the basis that Jesup's Landing has approved Final Engineering plans, a recorded plat, and a developer's agreement. All project trips that were approved for the original Jesup's Landing development can be carried over to this development. When Meritage Homes recently had to prepare a traffic impact study for Winter Springs Village, the Jesup' s Landing project traffic was included as part of the "background traffic." The Winter Springs Village project, which is currently under construction, includes the construction of Michael Blake Boulevard, a new City collector road that runs from Tuskawilla Road (north of the high school) to S.R. 434. The S.R. 434 intersection will have a full median opening. The Town Center Master Transportation Plan shows Orange Avenue being extended to the west through Central Winds Park and ultimately connecting to S.R. 434. The extension of Orange Avenue is not required for Jesup' s Landing and is not expected to be funded for construction within the next several years. At this stage of the review process, the proposed conceptual plan appears to be consistent with the Comprehensive Plan and the Town Center Code. However, conceptual plan approval is not a final development order and the proposed plans shall be subject to further review and additional application requirements. The project will also be subject to additional review for consistency with the Comprehensive Plan as additional details and applications are submitted by the applicant for the development of the proposed project. Special Exception: A Special Exception has been requested by the applicant relating to the architecture of this project. Specifically, the Special Exception request is to Section 20 -324 (5) of the Town Center Code. This provision of the Code requires a minimum first floor height for residential uses to be raised a minimum of two (2) feet above sidewalk grade. Code deviations are not unusual for developments, particularly within the Town Center. Section 20 -321— Requirements for Special Exceptions 1. First floor height for residential: June 27, 2011 City Commission, Item 501 Page 5 of 7 Special exceptions: (1) The City Commission may, by special exception, waive strict compliance with provisions of the Town Center Code. In granting a special exception, the City Commission must find by substantial competent evidence that: a. The proposed development contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations. b. The proposed development will not have an unfavorable effect on the economy of the Winter Springs Town Center. c. The proposed development abides by all rules in this code other than those specially excepted. Special limitations apply to large footprint buildings (greater than twenty thousand (20,000) square feet); see subsection 30- 324(12) for these limitations. d. The proposed development meets any reasonable additional conditions, restrictions or limitations deemed necessary by the city commission in order to preserve and promote the intent of the Winter Springs Town Center Master Plan. Section 20 -324 (5) of the City's Code of Ordinances requires residential uses to have a finished floor height for the first floor raised a minimum of two (2) feet above the sidewalk grade. The applicant is proposing a deviation to this requirement to permit the first floor to be "at grade." This Special Exception is being requested because the proposed townhome units are built so that the primary entry is split between the first and second floors. This entry configuration reduces the number of stairs inside the building, which the applicant contends has been a deterrent to the sale of other three story townhomes. The majority of the ground floor is utilized for the garage with the exception of a home office. Raising this room above grade to a height of two feet disrupts the interior of the unit, which includes access to the main floor and garage, ceiling height and overall height of the building. Staff response: Staff can support this request because the applicant is utilizing architectural elements which create a unique building that is consistent with the intent of the Town Center Code, except for the finished floor heights. The proposed buildings have been constructed and marketed in Baldwin Park and Celebration with great success. Second floor balconies and stoops are proposed on the front of the buildings. Elements including hardy -plank siding, stucco, columns, railings, an expression line between the first and second floor, and a gabled roof are utilized in the design of the townhome buildings. These are preferred architectural elements noted in the Town Center Code. A waiver was granted in the Development Agreement for the former Jesup's Landing project that allows approximately 36- percent of the units to have a finished floor elevation of less than two feet above sidewalk grade. Staff believes the Special Exception request is justifiable, and is necessary to allow the applicant to complete the development of the site. June 27, 2011 City Commission, Item 501 Page 6 of 7 FINDINGS 1. The 17.15 acre Jesup's Landing site is within the City of Winter Springs and is considered by the City to be a vested project. The property has a Town Center Future Land Use and zoning designation. 2. A Development Agreement was approved by the City Commission in 2005. The site is subject to the provisions of this Development Agreement until such time it is modified by the applicant. 3. Central potable water, sanitary sewer, and reclaimed water are available to the site from the City. 4. Per the approved Development Agreement for Jesup's Landing, approximately 36- percent of the units were permitted by waiver to have a finished floor elevation of less than two feet above sidewalk grade. 5. At this stage of the review process, the proposed conceptual plan appears to be consistent with the Comprehensive Plan and the Town Center Code. However, conceptual plan approval is not a final development order and the proposed plans shall be subject to further review and additional application requirements. The project will also be subject to additional review for consistency with the Comprehensive Plan as additional details and applications are submitted by the applicant for the development of the proposed project. 6. Staff believes each of the following criteria regarding has been satisfied relating to the applicant' s special exception request: (1) The City Commission may, by special exception, waive strict compliance with provisions of the Town Center Code. In granting a special exception, the City Commission must find by substantial competent evidence that: a. The proposed development contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations. b. The proposed development will not have an unfavorable effect on the economy of the Winter Springs Town Center. c. The proposed development abides by all rules in this code other than those specially excepted. Special limitations apply to large footprint buildings (greater than twenty thousand (20,000) square feet); see subsection 30- 324(12) for these limitations. d. The proposed development meets any reasonable additional conditions, restrictions or limitations deemed necessary by the city commission in order to preserve and promote the intent of the Winter Springs Town Center Master Plan. FISCAL IMPACT: The potential tax revenue of the proposed project is as follows: Townhomes (171 units) Units (2,155 square foot average) assessed at $90 /square foot: (2,155 x 90 = 193, 950 x 171 units = $33,165,450) $33,165,450/1000 = 33,165.45 33,165.45(2.5814) = $85,613.29 $85,613.29 (less the 4% statutory discount) = $33,165,450 assessed tax value $82,188.76 tax revenue June 27, 2011 City Commission, Item 501 Page 7 of 7 Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $4000 assessed per platted lot: (185 platted lots x 4000 /unit = $740,000) $740,000 assessed tax value 740,000/1000 = 740 740 x 2.5814 = $1,910.23 $1,910.23 tax revenue Total Potential Tax Revenue: $84,098.99 (82188.76 + 1910.23 = 84098.99) COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients; And Is Available On The City' s Website, Laser Fiche, And The City's Server. Additionally, Portions Of This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's Website, Laser Fiche, And The City' s Server; Has Been Sent To City Staff, Media/Press Representatives Who Have Requested Agendas /Agenda Item Information, Homeowner' s Associations/Representatives On File With The City, And All Individuals Who Have Requested Such Information; And Has Been Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any Agenda Item With Any Interested Individuals. The applicant sent out flyers via US Mail to the neighboring property owners on May 15, 2011 . The City of Winter Springs Community Development Department sent out letters to the surrounding property owners on May 24, 2011, and June 16, 2011, and posted the property on May 25, 2011. RECOMMENDATION: Staff recommends that the City Commission approve: 1) a Conceptual Plan for 171 townhome units which modifies the approved 185 unit Final Engineering Plan for the former Jesup's Landing townhome development and, 2) a Special Exception to Section 20 -324 (5) of the Town Center Code to permit a deviation that would allow a finished first floor height of less than the required minimum of two (2) feet above sidewalk grade for the proposed Mattamy Homes project located on the property formerly known as Jesup's Landing, subject to modifying the 2005 Development Agreement to accommodate the modified development program. ATTACHMENTS: A. Conceptual Plan B. Architectural Elevations C. Information packet sent to surrounding property owners from Mattamy Homes on May 15, 2011 D. Letters sent to surrounding property owners by the City of Winter Springs on May 24, 2011, and June 16, 2011 E. Modified Development Agreement F. Minutes, June 1 Planning & Zoning Board G. Aerial Photograph ATTACHMENT "A" r II T T T SEMINOLE =PAIL GRANGE AVENUE 4t TYPICAL NEIGHBORHOOD STREET SECTION 'A-A' NTS a loor_0001 - -- _I_II_I_ _ u(e, 11 e SEMINOLE =PAIL WA ,n,T PiGHT OE Ery PZINC 311 MGN (PUBLIC EASEMENT OE MA2 21 22 23 24 25 26 1111 32 33 34 35 36 37 111 1 74 75 76 IMO 1111111 "WO a o 99 100 101 102 103 104 105 106 107 106 109 110 111 112 113 114 115 116 11]118 1 125 126 127 128 129 _I_I_ M.1_ ,LNEIaHreareHaaasreEE MK LO — O r ALL 0 no s ®yr vs �' "s 4 1 6 WALL= (2P � ,re !9■ o . �P,�reareHaaa = reEE o N o , EE ' o � 1111 oe i! lb a rea�o _ I1 01 AL —Ia ` I. X11_ _I 1NE 6 1i21— En I 00 ME1 MI • 1 VIC GRAPHIC SCALE LICI STATION PARKING ANALYSIS PARKING PRO,. Es (COUNTS AS I m ACE PER ONE 2-CAR C CE> . ni OWLS = 171 SPACES ON-STREET 172 SPACES TO SPACES DESIGNATED PARALLEL NO (12:20, 2 SPACES ON-ST ON-STPEET PARKING a rvecHeorenaoo LANES (8.20 T SPACES T so ON -sreEET PARKING (9,0, is SPACES 71TMIL PROLIDED •138 SPACES D TYPICAL EDGE DRIVE SECTION 'C -C' NTS 1�I1lI lim E i IT i I •_o�Iv�I�I__I _I_IIr717727171 .I_li iriil(HAIdfJ�_I IN u o 0 I 0 UNIT 2 PIER 4 GAREDEN 2401 ENTRY 51GN TYPICAL NEIGHBORHOOD LANE SECTION 'B -B' NTS '° vM P.anrvc U \ r , r- UNIT 3 TYPICAL BUILDING LAYOUT NTS UNIT MM (O z zm Q Z Ww uu•s: >O =sx 1 E'6 o 0. W 0 0 z 0. DRAT.. N TT DLE FEBRUARY 2011 SCALE 33603 SHEET g: 1 r 1 iMEETa„, ATTACHMENT "B" lifit ii-- ill' .41 Iiiiii Ill I Mi I.. • • • .141 Winter � 4 a a MATTAMY Winter Spring DESIGN STUDIOS INC. ATTACHMENT "C" Jesup's Landing Residential Townhomes The purpose of this information packet is to inform you of the upcoming construction of the townhome development on the vacant property east of the city ball fields on Orange Avenue. This property has been partially developed including access, potable water, sanitary sewer and stormwater ponds. This property was originally owned my Levitt Homes who is no longer is business. The new owner will reduce the total number of townhome units and continue construction on the property. The new owner wants to inform all the neighboring residents of his intentions and welcomes and questions or comments you may have. Enclosed is a representative site plan for the new owner and a typical elevation of the proposed townhome unit. If you have any questions regarding the city process or this development please call the Planning and Engineering representative Evans Engineering, Inc. 407 - 872 -1515. Thank you. Jesup's Landing Residential Townhomes Existing Approvals • Approved for construction in 2005 by Winter Springs for 185 units • Underground infrastructure including access, water, sewer and stormwater installed. • Three story townhomes Proposed Development • 171 Townhomes units. • Integrated parks and walkways with County Trail system and Orange Avenue. • Parks and Landscaping including community pool. • Ample on- street parking for residents and guests. u EYl1LE TRAIL 014,10E GSM .E J2rnfr £ u u MIME 199L 10 11 12 13 14 1 11 11 11 1 malt CRAWL ME115E AI 1111 Ji MEW IL + MIMI 1J31311,71111M0 117127 143 144 145 141 147 14 0 149 m 1 1 1 1 1 1 90 97 90 95 i 41 1 ti 100 101 102 103 104 195 [1 1 1 1 [1 1 ■_I_ - - - 111111I 1 139 148 141 142 - u �A0.E Y1q� ' II ■1�. y ■iti I 111 IP ■1 1i1i1. l y .l I+ iii hill C"1T n i iiiil Community Development May 24, 2011 CITY OF WINTER SPRINGS, FLORIDA 1128 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 Telephone (407) 327 -1800 RE: Public Hearing —Modification of Plans for the Jesup's Landings Townhome Project If you should require additional information prior to the meetings, do not hesitate to contact me at 407 - 327 -5966. Sincerely, Bo by H :well, AICP Planner ATTACHMENT "D" Dear Property Owner: The City of Winter Springs invites you to attend a public hearing to discuss a proposed modification to the Jesup Landings Townhome Project. In 2005, Jesup's Landing was approved for 185 townhome units on 17.15 acres on the south side of Orange Avenue in the Winter Springs Town Center. The project is subject to a Developer's Agreement, which was approved and executed by the City on February 28, 2005. The previous developer of the project was Levitt & Sons who has abandoned the project. The new developer, Mattamy Homes, has submitted an application for approval of a Special Exception and Conceptual Plan which would modify the previous 2005 approval and Developer's Agreement. In general, the new proposal modifies the site layout and is for 171 townhomes. The Special Exception request is to Section 20 -324 (5) of the Town Center Code. If approved, this will permit a deviation that would allow a finished first floor height of less than the required minimum of two (2) feet above sidewalk grade for the Jesup's Landing townhome development. The Planning & Zoning Board will meet at 7:00 PM at the Winter Springs City Hall on Wednesday, June 1, 2011 to consider the request. The City Commission public hearing will be held at a date to be determined. Community Development June 16, 2011 RE: Public Hearing — Modification of Plans for the Jesup's Landings Townhome Project Dear Property Owner: The City of Winter Springs invites you to attend a public hearing to discuss a proposed modification to the Jesup Landings Townhome Project. In 2005, Jesup's Landing was approved for 185 townhome units on 17.15 acres on the south side of Orange Avenue in the Winter Springs Town Center. The project is subject to a Developer's Agreement, which was approved and executed by the City on February 28, 2005. The previous developer of the project was Levitt & Sons who has abandoned the project. The new developer, Mattamy Homes, has submitted an application for approval of a Special Exception and Conceptual Plan which would modify the previous 2005 approval and Developer's Agreement. In general, the new proposal modifies the site layout and is for 171 townhomes. The Special Exception request is to Section 20 -324 (5) of the Town Center Code. If approved, this will penult a deviation that would allow a finished first floor height of less than the required minimum of two (2) feet above sidewalk grade for the Jesup's Landing townhome development. The City's Planning & Zoning Board voted to recommend approval of the Conceptual Plan and the Special Exception at their meeting on June 1, 2011. The City Commission will meet at 5:15 PM at the Winter Springs City Hall on Monday, June 27, 2011 to consider the request. If you should require additional information prior to the meetings, do not hesitate to contact me at 407 - 327-5966. Sincerely, Bobby Howell, AICP Planner CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 Telephone (407) 327 -1800 THIS INSTRUMENT WAS PREPARED BY: Mark A. Grimes, Esquire Pohl & Short, P.A. 280 W. Canton Ave., Suite 410 Winter Park, FL 32789 (407) 647 -7645 AND SHOULD BE RETURNED TO: Anthony Garganese, Esquire Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32801 (407) 425 -9566 DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement ") is made and executed this day of June, 2011, 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 MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership ( "Mattamy Homes "), whose address is 400 Park Avenue South, Suite 220, Winter Park, Florida 32789. WITNESSETH: WHEREAS, Mattamy Homes is the fee simple owner of (or has the contractual right to purchase) certain real property located within the City in Seminole County, Florida and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, Mattamy Homes intends to develop the Property as a single - family residential (townhouse) community at a density of approximately one hundred seventy -one (171) units at a density of 9.97 units per acre, to be known as "Jesup's Landing" (the "Project "); and WHEREAS, pursuant to the approval of the City Commission on June 27, 2011, Mattamy Homes desires to facilitate the orderly development of the Project on the Property as depicted in that certain Conceptual Plan for Winter Springs Town Center - 17.15 Acre Townhouse Site prepared by Evans Engineering, Inc., dated March , 2011 and approved by the City Commission on June 27, 2011 (the "Conceptual Plan ") in compliance with the laws and regulations of the City; and Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 1 of 14 ATTACHMENT "E" WHEREAS, the City Commission has recommended entering into this Agreement with Mattamy Homes for the development of the Project; and WHEREAS, in addition to Mattamy Homes' compliance with the City Land Development Code and the City Town Center District Code (together the "Code "), permitting and construction not in conflict herewith, the City and Mattamy Homes desire to set forth the following special terms and conditions with respect to the development and operation of the Proj ect. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. In consideration of the City and Mattamy Homes entering into this Agreement, the City and Mattamy Homes hereby agree as follows: (a) Approval of Conceptual Plan. The City hereby acknowledges and agrees that the Conceptual Plan is acceptable and was duly approved by the City Commission in compliance with the laws and regulations of the City. A copy of the Conceptual Plan is attached hereto as Exhibit "B" and fully incorporated herein by this reference. Mattamy Homes acknowledges and agrees that the Conceptual Plan was prepared with preliminary dimensions and that during the final subdivision and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City. As such, Mattamy Homes and the City agree that the Conceptual Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final subdivision and final engineering phase in order to bring the Project into full compliance with the City Code. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Conceptual Plan. Mattamy Homes shall install a six inch sanitary force main, to extend approximately 4,400 feet from a planned on -site lift station to the existing six inch force main located south of the Property near State Road 434 to serve the Property. All water and sewer improvements required on -site and off -site to service the Property shall be at Mattamy Homes' expense. However, to the extent any other properties utilize the force main constructed by Mattamy Homes, they will reimburse Mattamy Homes their prorated share of the force main prior to construction commencement. The City hereby agrees to provide a temporary construction easement along the southern border of Central Winds Park to facilitate the force main construction; provided, however, Mattamy Homes shall provide Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 2 of 13 the legal description for such easement. The terms and condition of said easement shall be in a form acceptable to the City Attorney. (c) Additional Non- Roadway Town Center Code Waivers. Based on the Conceptual Plan and Mattamy Homes' agreement to the terms and conditions set forth herein, the City Commission hereby grants the following additional non - roadway waivers to the Town Center District Code pursuant to the special exception criteria enumerated in Section 20- 321(c): (i) In exchange for the green space north and west of the pool and around the existing pond, and the related amenities thereto (walkways, benches, trees, lighted fountain feature), as depicted on the Conceptual Plan, the northeast portion of the Property shall be utilized for a stormwater retention pond for the Orange Avenue Segment and the Property, rather than for the "Orange Avenue Park" as contemplated under the Code. (ii) The Project shall provide only pedestrian and non - automotive access to the adjacent high school property. (iii) The townhouse units shall be permitted to have a finished floor elevation less than twenty -four inches above the highest adjacent sidewalk grade. Mattamy Homes acknowledges and agrees that any deviation from the Town Center District Code not specifically enumerated in paragraph (c) above shall require separate city commission approval in accordance with the special exception application procedure and criteria set forth in the Town Center District Code. (d) Formation of Homeowners' Association. Mattamy Homes hereby acknowledges and agrees that it intends to form a mandatory homeowners' association (the "Homeowners' Association ") for purposes of maintaining any and all common areas, landscaping, entrance signs, walls, fences, alleys, recreational areas and stormwater drainage facilities associated with the Project. A separate Declaration of Covenants, Conditions and Restrictions (the "Declaration ") will be executed and recorded among the Public Records of Seminole County, Florida to evidence the formation of the Homeowners' Association and establish its rights, duties and obligations. The Declaration shall be in a form acceptable to the City Attorney and shall require the Homeowners' Association, and the members thereof to be bound by the terms and conditions of this Agreement. (e) Buffer Walls and Fences; Trail Access. Notwithstanding the requirements of Section 20 -417 of the Code, Mattamy Homes shall install (i) a six (6) foot tall wrought iron or similar fence along the southern boundary line of the Property which shall have at least three (3) pedestrian access points to the Seminole County trail, and (ii) a six (6) foot tall wrought iron or similar fence along the western boundary of the Property. The foregoing fences shall each be erected as soon as reasonably practical and prior to any Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 3 of 13 permanent vertical construction for the Project. Notwithstanding the foregoing to the contrary, access will be available at all times for emergency vehicles. All pedestrian access points to and from the Seminole County Trail shall be dedicated to the City on the Final Plat, and any Project gates will remain unlocked. (f) Signage. The City hereby acknowledges and agrees that Mattamy Homes shall have the right, upon the full execution of this Agreement, to erect on -site construction signs, marketing signs and temporary signs (including up to four (4) "banner" signs) as described in Sections 20- 470(10), 20- 470(11) and 20- 470(16) of the Code, in locations reasonably acceptable to the City, which signs shall be permitted to remain for a period of nine (9) months from the date hereof. Mattamy Homes shall thereafter have the right to erect permanent Project identification signage at the main entrance to the Project, which shall consist of lettering attached to the two pier and garden walls spelling "Jesup's Landing" (total signage dimensions to be approximately 1 foot high and 11 feet wide) as depicted on Exhibit `B" which is attached hereto and fully incorporated herein by this reference. Any construction signs or marketing signs erected on the Property shall not exceed sixty -four (64) square feet in size (total on- site). The City hereby acknowledges and agrees that the Property shall not be subject to the fourteen (14) day limitation on the erection of temporary "banner" signs as provided in Section 20- 470(16) of the Code. Mattamy Homes and its successors and assigns shall maintain all of the signs erected pursuant to this Section 3(h) in a good condition and state of repair. (g) Sidewalks. All sidewalks shall comply with the Code (minimum six (6) feet) except the sidewalk to be located around the lake and to the pedestrian access located at the southwest corner of the Property as depicted on the Conceptual Plan shall be a minimum of eight (8) feet in width. Further, a twenty (20) foot emergency stabilized path shall be constructed at the southeast corner of the Property and shall be stabilized to facilitate emergency vehicle access. In addition, the Declaration shall establish easement rights in favor of the Homeowners' Association to permit sidewalks to extend into individual townhouse lots as depicted in the Conceptual Plan. (h) Model Units /Sales Office. Prior to the recording of the final plat, the City agrees to permit Mattamy Homes to construct model townhouse units under the following conditions: (i) The model townhouse units shall be contained in a single building (the "Model Building ") and shall not exceed six (6) individual units. (ii) The model townhouse units shall remain under Mattamy Homes' ownership and control until such time as the final plat is recorded by the City and a final certificate of occupancy for each unit is issued under the conditions set forth below. In other words, Mattamy Homes shall not contract for sale, sell, or lease any of the individual model townhouse units until such time as the City Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 4 of 13 approves and records the final plat for the Project and issues a final certificate of occupancy for each unit. (iii) The model townhouse units shall be constructed in a location reasonably acceptable to the City. Vertical construction shall not commence until stabilized access and fire protection is available. (iv) Prior to the model townhouse construction, the model townhouse units shall be duly permitted by the City in accordance with all City Codes. As part of the building permit application, Mattamy Homes shall submit, along with all construction plans for the townhouse units, a duly certified boundary survey which shall depict the location and legal description of the model townhouse site and each individual model townhouse lot. Mattamy Homes acknowledges and agrees that this legal description is intended to coincide with the eventual location of the townhouse lots as depicted and legally described on the final plat. Mattamy Homes assumes full and complete responsibility and liability in the event that said legal descriptions do not conform to the lot lines required by the City in final plat. (v) At such time the City Building Official completes and approves a final inspection of the model townhouse units, the City will issue a temporary certificate of occupancy. Said temporary certificate of occupancy shall be issued for the Model Building as a whole, not by individual units. Occupancy of the townhouse units shall be limited to the sale and marketing efforts for the Project. In addition, Mattamy Homes shall have the right to utilize one garage in the Model Building as a temporary sales office. (vi) At the request of Mattamy Homes or at such time the Project development is completed, whichever occurs sooner, Mattamy Homes shall file a re- conversion permit application requesting that the model townhouse units be converted into permanent residential units and the City shall issue individual certificates of occupancy for each model townhouse unit; provided, however, the final plat is approved and recorded by the City and the City Building Official determines that the units are suitable for permanent residential occupancy and in compliance with the City Codes. (i) Trash/Refuse Service. The City hereby agrees that trash and refuse pickup will be provided for each individual residential unit, therefore no Project dumpsters will be located on the Property as otherwise required pursuant to Section 9 -280 of the Code. (j) Platting. Mattamy Homes shall be required to plat the Property in accordance with Section 9 -75 of the Code. Neighborhood Lane and Neighborhood Street which are perpendicular to the trail shall be depicted on the Plat extending to the southern boundary of the Property. Mattamy Homes shall submit a proposed lighting plan to the City contemporaneously with its submittal of the proposed plat, unless the applicable Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 5 of 13 information is received from Progress Energy in time to submit such plan at the time final engineering plans are submitted. (k) Wetlands. The City hereby acknowledges and agrees that Mattamy Homes has sufficiently addressed the City's Comprehensive Plan requirements with respect to wetland impacts and preservation. (1) Recreational Area. Mattamy Homes shall be required to provide recreational areas within the Project in accordance with the Conceptual Plan. (m) Stormwater Pond Maintenance Berm. The City hereby agrees that Mattamy Homes shall only be required to maintain a six (6) foot maintenance berm around the Project retention pond rather than a ten (10) foot berm as required pursuant to Section 9- 241(d)(3) of the Code. (n) Impact Fee Credits. The Orange Avenue improvements were completed and accepted by the City Commission on May 14, 2007, and the transportation impact fee credit available to Mattamy Homes is $358,750.00. (o) Orange Avenue — Undergrounding Utilities. In conjunction with the construction of Orange Avenue, Mattamy Homes shall underground all existing utility lines running along the property's Orange Avenue frontage (south side only). Transportation impact fee credits are not available for undergrounding utilities (p) Construction Truck Route. Mattamy Homes acknowledges and agrees that the City desires to keep construction truck traffic along Tuskawilla Road north of State Road 434 to an absolute minimum, especially over the brick paved portion of Tuskawilla Road. As such prior to the commencement of Project construction, the City shall determine (with the assistance of Mattamy Homes), an acceptable transportation route to and from the Property for all large construction trucks and heavy machinery (e.g. dump and concrete trucks). The City's determination shall be memorialized and delivered to Mattamy Homes in writing. Mattamy Homes shall provide a copy of said determination to all construction companies working at the Project. At all times, Mattamy Homes shall require all such trucks to utilize the transportation route selected by the City. The City may modify the transportation route at any time by providing written notice to Mattamy Homes. Mattamy Homes agrees to indemnify and hold harmless the City for any damage occurring to any City roadway located within the Town Center north of State Road 434 which is caused by any large construction trucks servicing the Project. (q) Eastern Alley. The Alley located along the eastern boundary of the Property as depicted on the Conceptual Plan shall be subject to a cross - access easement which permits the adjoining property to use said Alley for pedestrian and vehicular traffic at such time the adjoining property is developed. The cross - access easement shall ensure connectivity between the Project and the future development project of the adjoining property and shall be in a form acceptable to the City Attorney. Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 6 of 13 (r) Other Code Deviations. Excluding the deviations from the Town Center District Code which are addressed in paragraph (c), Mattamy Homes acknowledges and agrees that the only other deviations from the City's Land Development Code authorized by this Agreement are: The posting of banner signs in the manner provided in paragraph (ii) Permission to construct model homes prior to the recordation of the final plat as set forth in paragraph (h). (iii) Permission to require individual trash pick -up instead of dumpsters and permission to require submittal of a street lighting plan with final engineering /subdivision plans as set forth in paragraph (i). (iv) The requirement of a six (6) foot wide maintenance berm around the stormwater pond as set forth in paragraph (m). (s) Decorative Regulatory Signage and Lighting. Prior to issuance of certificate of completion and acceptance of the infrastructure, MATTAMY HOMES and the CITY shall enter into a separate Use and Maintenance Agreement outlining responsibilities related to the decorative street lights and signage, including but not limited to, the cost differential between maintaining standard street lights and signs and the decorative street lighting and design requirements of the Town Center Plan. Said agreement shall substantially conform to the standard decorative street light and signage form agreement that was previously approved by the City Commission to be utilized on a citywide basis which shall be assignable and run with the land. MATTAMY HOMES acknowledges that prior to turning the homeowner's association over to its members, MATTAMY HOMES will assign the Use and Maintenance Agreement to the homeowner's association for continuation of obligations related thereto. (t) Orange Avenue Park. Mattamy Homes shall be permitted to utilize the northeast corner of the Property (depicted as "Orange Avenue Park" in the Code) for stormwater retention, with sufficient capacity to accommodate the volume of stormwater runoff generated by the Orange Avenue Segment and the Project; provided, however, the use of such area shall meet the requirements of Chapter 5 - Tree Protection and Preservation - of the Code. Any other deviations from the City's Land Development Code shall require separate approval from the City Commission by development agreement. 4. Representations of the Parties. The City and Mattamy Homes 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 all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Mattamy Homes and recorded in the Public Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 7 of 13 Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Mattamy Homes represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Homeowners' Association, and the members thereof, to the terms and conditions set forth in this Agreement. 5. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Mattamy Homes and their respective successors and assigns including, but not limited to, the Homeowners' Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 6. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Mattamy Homes as to the subject matter hereof. 9. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 10. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Mattamy Homes is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent 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 other. 11. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 12. City's Police Power. Mattamy Homes agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 13. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 8of13 14. Permits. The failure of this Agreement to address any particular City, county, state, and /or federal permit, condition, term, or restriction shall not relieve Mattamy Homes or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 15. Third -Party Rights. 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. 16. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 17. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 18. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and /or Federal permit, condition, term or restriction shall not relieve Mattamy Homes 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 certificates of occupancy for any building or unit if Mattamy Homes is in breach of any term or condition of this Agreement. 19. Termination. The City shall have the unconditional right, but not the obligation, to terminate this Agreement, without penalty, if MATTAMY HOMES fails to apply for and to obtain infrastructure permits for roads, sidewalks, water, sewer, utilities and perimeter fencing, and to re- commence construction of the Project within two (2) years of the effective date of this Agreement. Before the City terminates this Agreement, the City shall first provide Mattamy Homes a Notice of its intention to terminate, and permit Mattamy Homes to provide proof of its compliance with these terms within 30 days of its receipt of Notice. In the event Mattamy Homes is unable to provide satisfactory proof of its compliance with these terms, the City may record a notice of termination in the public records of Seminole County, Florida. 20. Notices. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., addressed to a party at the other address as specified below or from time to time by written notice to the other party delivered in accordance herewith. Mattamy Homes Mattamy (Jacksonville) Partnership Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 9 of 13 With a copy to: City: With a copy to: Steven A. Parker 400 Park Avenue South, Suite 220 Winter Park, Florida 32789 Attention: Mark Grimes, Esq. Pohl & Short, P.A. 280 West Canton Avenue, Suite 410 Winter Park, FL 32789 (407) 647 -7645 (407) 647 -2314 (fax) Kevin Smith City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327 -5957 Fax: (407) 327 -4753 Anthony A. Garganese Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407) 425 -9566 Fax: (407) 425 -9596 21. Special Effective Date; Termination, Escrow and Recording Provisions. (a) This Agreement shall become effective only between the City and Mattamy Homes upon approval by the City Commission and execution of this Agreement by both parties hereto. This Agreement shall not be binding upon or run with the Property until recorded by the City Attorney pursuant to the escrow terms and conditions stated herein. All prior City Developer's Agreements recorded in the Official Records of Seminole County, Florida upon the Property shall remain binding upon the Property until terminated by the City by recording this Agreement or some other recordable instrument expressing the City's desire to so terminate. Nothing herein shall be construed as the City abrogating, waiving, or releasing any rights the City may have against prior developers or sureties under or through any prior developer's agreements recorded against the Property, or as abrogating, waiving, or releasing any rights or claims that the City may have against any surety that previously provided the City with a bond or letter of credit as a result of any prior development project approved by the City for the Property. Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 10 of 13 (b) Upon execution of this Agreement by the parties, the original Agreement shall be delivered to the City Attorney who shall maintain the Agreement in escrow until authorized by the City, in writing, to release the Agreement in accordance with the provisions of this Agreement. The City and Mattamy Homes agree to indemnify and hold harmless the City Attorney in the performance of the written escrow instructions received by the City Attorney and set forth in this Agreement. (c) Upon this Agreement becoming effective between the City and Mattamy Homes, Mattamy Homes shall have eighteen (18) months in which to complete and obtain City approval of the final plat and final engineering plans for the Property consistent with the terms and conditions of this Agreement and to provide the City with a letter of credit (or other form of security deemed acceptable to the City) ensuring that all public infrastructure and improvements required by the final plat and final engineering plans will be completed and maintained in accordance with this Agreement and City Code. In the event Mattamy Homes fails to obtain said approval and provide such security within this time period, this Agreement shall automatically be deemed void ab initio and the parties shall have no further rights or obligations hereunder. Further, the City Attorney shall release the Agreement from escrow to the City for public record archive purposes only. (d) However, if Mattamy Homes timely obtains approval of the final plat and final engineering plans and provides the City with a the aforementioned letter of credit (or other form of security deemed acceptable to the City) within the eighteen (18) month time period, the City Attorney shall be authorized to release the Agreement from escrow and record this Agreement in the Official Public Records of Seminole County, Florida. Upon recordation of this Agreement, the Agreement shall be deemed binding upon and shall run with the Property, and all prior development agreements recorded against the Property by the City shall be deemed terminated, and of no force and effect, including the Developer's Agreement between the City of Winter Springs and Barclay Woods II, LLC, a Florida limited liability company, as recorded in Official Records Book 5643 at page 1555, the prior Phase I Site Development Permit Agreement between the City of Winter springs and Barclay Woods II, LLC, a Florida limited liability company, as recorded in Official Records Book 5735 at Pages 422 -430, and the prior Developer's Agreement between the City of Winter Springs and Chan Q. Nguyen and Ngan M. Nguyen, as recorded in Official Records Book 4799 at Pages 1715, to the extent that they impact the Property. The termination of the prior Developer's Agreements shall not be construed as the City abrogating, waiving, or releasing any rights or claims that the City may have against any surety that previously provided the City with a bond or letter of credit as a result of any prior development project approved by the City for the Property. [Signatures Follow on Next Pages] Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 11 of 13 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Andrea Lorenzo Luaces, City Clerk CITY SEAL Dated: STATE OF FLORIDA COUNTY OF SEMINOLE Witness my hand and official seal this day of June, 2011. (NOTARY SEAL) CITY OF WINTER SPRINGS By: Charles Lacey, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida Personally appeared before me, the undersigned authority, Charles Lacey and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, 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. Notary Public My commission expires: Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 12 of 13 Witnesses: MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership Print Name: By: CALBEN (FLORIDA) CORPORATION, a Florida corporation, its general partner Print Name: By: Steven A. Parker, President By: MBC (FLORIDA) CORPORATION, a Florida corporation, its general partner Print Name: By: Steven A. Parker, President Print Name: STATE OF FLORIDA COUNTY OF ORANGE The foregoing was acknowledged before me this day of June, 2011 by Steven A. Parker, in his capacity as President of Calben (Florida) Corporation, and in his capacity as President of MBC (Florida) Corporation, each in its respective capacity as general partner of Mattamy (Jacksonville) Partnership, a Florida general partnership, on behalf of said general partnership, and who [ ] is personally known to me or [ ] who has produced a Florida driver's license as identification. My Commission Expires: NOTARY PUBLIC Development Agreement Mattamy (Jacksonville) Partnership / City of Winter Springs Page 13 of 13 Parcel 1: EXHIBIT "A" Legal Description Lot 15, Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Parcel 2: Lot 16, Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. ATTACHMENT " F " CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 1, 2011 PAGE 9 OF 13 PUBLIC HEARINGS 504. Community Development Department — Planning Division ADD -ON Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider: 1) A Conceptual Plan For 171 Townhomes Which Modifies The Approved 185 Unit Final Engineering Plan For The Former Jesup's Landing Townhome Development And, 2) A Special Exception To Section 20 -324. (5) Of The Town Center Code To Permit A Deviation That Would Allow A Finished First Floor Height Of Less Than The Required Minimum Of Two (2) Feet Above Sidewalk Grade For The Proposed Mattamy Homes Project Located On The Property Formerly Known As Jesup's Landing. Mr. Howell introduced this Agenda Item, displayed a Conceptual Plan of the project, commented on the Special Exception and stated, "Staff recommends Approval of the Conceptual Plan which modifies the 185 unit Final Engineering Plan for Jesup's Landing and recommends Approval for the Special Exception, Section 20 -324. (5) of the Town Center Code subject to modifying the 2005 Development Agreement to accommodate the modified development program." Mr. David Evans, P.E., Evans Engineering, Inc., 719 Irma Avenue, Orlando, Florida: on behalf of Mattamy Homes, Mr. Evans stated, "We worked real hard with Staff trying to implement this building type and this building product on this particular site. As you can understand, the infrastructure as Mr. Howell mentioned, is mostly in on the property. There are no roads there now, but the water system has been put in and accepted by the State and the sewer system, the stormwater system, the two (2) ponds that are there, one (1) was a converted burrow pit and one (1) now is a retention pond and both of those are in." Continuing, Mr. Evans commented, "What we have to do and what they have to do, in order to make this work is to tear out all the infrastructure that is there; that is the stormwater, the sanitary and the water system, and replace it with new systems as well as paving and the other things that weren't there already. So, it is a huge undertaking for them, but they are happy to be here and they are ready to go to start this process." With discussion on the building facades, Mr. Evans stated, "Each one will have its variation based on the type of units that is chosen for that particular set." Referencing the rear of the building, Mr. Evans noted, "There is an alleyway obviously between all these for access from the rear, a two (2) car garage on every unit and then some of those actually have rear porches." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 1, 2011 PAGE 10 OF 13 Board Member Schwarz asked, "The configuration you have done with the community on the plan, it looks like you altered the pond a little bit ?" Mr. Evans replied, "The pond based on its current shape, did not allow for us to be able to place these particular units — deeper units, so what we did, was to come back here and reconfigure that pond and the pond is the same size. All we did is push it further south and fill it in on the north side. It is an existing retention pond." Chairman Poe opened the "Public Input" portion of this Agenda Item. Mr. Samuel Dixon, 105 View Point Place, Winter Springs, Florida: spoke of parcels near Orange Avenue; a proposed brick wall; and noted he was Opposed to the project. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: addressed the Board Members about information on the City of Winter Springs' Website related to the number of Townhomes; commented on the ground level entry door; and said he was Opposed to the Special Exception. Referencing the number of units, Mr. Sahlstrom stated, "Basically, the DA (Developer's Agreement) was developed and memorialized, executed, and Recorded for 185 units and it was at the time of the Jesup's Landing Concept Plan and that DA (Developer's Agreement) is still valid. When they Platted, they reduced the number to 164. So, that is what is Platted to date. The Mattamy (Homes) project will need to Re -Plat because as was mentioned, their lot configuration is deeper, but they have been able to work with Staff. And another thing that they are looking to do is slightly reconfigure that pond that was previously the burrow pit; so, they have a little bit more efficiency in numbers that they can bring the numbers back up to more than 164, but less than 185. They are proposing 171." Discussion ensued on the number of units indicated on the City of Winter Springs' Website. Ms. Sahlstrom commented, "We will try to put something on the Website to address that concern." Further discussion ensued on the entry doors. Mr. George Hyde, 1166 Orange Avenue, Winter Springs, Florida: spoke of his concerns with drainage associated with his property and the proposed project; and remarked about his concerns with the canal and drainage into Lake Jesup. Chairman Poe closed the "Public Input" portion of this Agenda Item. Tape 2 /Side A CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — JUNE 1, 2011 PAGE 11 OF 13 MOTION "THAT RECOMMENDS APPROVAL FOR THE CONCEPTUAL PLAN FOR 171 TOWNHOMES WHICH MODIFIES THE APPROVED 185 UNIT FINAL ENGINEERING PLAN FOR THE FORMER JESUP'S LANDING AND APPROVAL OF A SPECIAL EXCEPTION TO SECTION 20 -324. OF THE TOWN CENTER CODE TO PERMIT A DEVIATION THAT WOULD ALLOW A FINISHED FIRST FLOOR HEIGHT OF LESS THAN THE REQUIRED TWO (2) FEET." MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. BOARD MEMBER SCHWARZ ASKED, "WHY ARE WE REQUIRING THE DEVELOPER TO BUILD A TWO HUNDRED FOOT (200') ROAD FOR THE PURPOSE OF THE CITY ?" MR. STEVENSON STATED, "THERE IS A DEAD END - IT IS AN EMERGENCY ACCESS OR EGRESS FROM THE PARK AND PROVIDES ANOTHER EGRESS FROM THE PARK. STAFF FEELS THAT THE DEVELOPER MATTAMY HOMES HAS WORKED WITH OUR PLANNING STAFF TO CREATE WHAT WE CONSIDER A MUCH BETTER PLAN THAN WE EVEN HAD WITH JESUP'S RESERVE." BOARD MEMBER SCHWARZ INQUIRED, "EMERGENCY VEHICLES ARE GOING TO BE GOING THROUGH THE PARK TO DO EMERGENCY WORK THROUGH THE PARK. THEY ARE NOT COMING DOWN TUSKAWILLA (ROAD) AND ORANGE (AVENUE) ?" MR. STEVENSON ANSWERED, "I BELIEVE - THAT THIS IS ONLY AN EMERGENCY SITUATION ONLY ON A GENERAL DAY TO DAY BASIS - THIS EGRESS WILL BE CLOSED." ADDRESSING THE CONCERNS OF DRAINAGE, MR. EVANS STATED, "WE ARE AT THE BEGINNING OF DESIGN STAGES - CONCEPTUAL PLAN AND NEXT INTO FINAL ENGINEERING AND TO ADDRESS ANY CONCERNS THAT WE HEAR AT THESE MEETINGS - OUR INTENT IS TO MAINTAIN THE SAME BASIN, THE SAME DRAINAGE PATTERN AND THE SAME OUTFALLS THAT WERE UTILIZED AND APPROVED BY THE CITY AND THE (ST. JOHNS) WATER MANAGEMENT DISTRICT - WE WOULD BE HAPPY TO LOOK INTO IT." MR. EVANS THEN ADDED, "WHATEVER NEEDS TO BE DONE TO THAT DITCH IN ORDER TO MAKE THAT WORK BETTER. IF IT IS WASHING OUT, IT IS NOT GOOD FOR ANYBODY. ABSOLUTELY, WE WOULD BE HAPPY TO LOOK AT THAT." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 1, 2011 PAGE 12 OF 13 TO CLARIFY, MR. EVANS STATED, "IT WAS PLATTED FOR 185 UNITS BEFORE. I KNOW THERE WAS SOME MENTION OF 164 - IT IS IN THE PLAT. I HAVE THE RECORDED PLAT OF 185 UNITS." MR. EVANS REMARKED, "WE SPENT A LOT OF TIME WITH THE CITY, ABOUT SIX (6) MONTHS WITH THEIR TRAFFIC ENGINEERING AND CITY ENGINEER BRIAN FIELDS AND OTHERS TO MAKE SURE THAT ACCESS IS MAINTAINED FOR FIRE/RESCUE AS WELL AS THE REAR ACCESS GARAGES." CONTINUING, MR. EVANS ADDED, "WHAT WE HAVE CREATED IS A NINE FOOT (9') DRIVEWAY AND A TWELVE FOOT (12') ALLEYWAY PLUS ANOTHER NINE FOOT (9') DRIVEWAY ON THE OTHER SIDE. WHAT MATTAMY (HOMES) LIKES TO DO IS NOT PLACE ANY OF THEIR A/C (AIR CONDITIONING) UNITS IN THE BACK OF THE UNIT. THEY DO IT ON THE END OF THE UNIT AND THEN RUN THEIR A/C (AIR CONDITIONING) LINES AROUND THE BACK SO YOU HAVE A CLEAR PATH ALL THE WAY DOWN THIRTY FEET (30') WIDE BETWEEN THE BACK OF THE UNITS." DISCUSSION ENSUED ON THE ONE (1) WAY TRAFFIC IN THE ALLEYWAY. BOARD MEMBER SCHWARZ ASKED, "BETWEEN THE CITY PROPERTY AND YOUR PROPERTY, YOU ARE GOING TO BE REQUIRED TO BUILD A WALL OR A FENCE ?" MR. EVANS REPLIED, "THAT IS IN THE ORIGINAL DA (DEVELOPER'S AGREEMENT); WALL FENCE THAT HAS A COMBINATION OF WROUGHT IRON TYPE WHICH IS `ILLUMINIZED IRON' LOOK." WITH FURTHER DISCUSSION ON THE ACCESS ROAD, MR. EVANS STATED, "IT IS A TWENTY FOOT (20') ACCESS ROAD - WE WORKED WITH THE CITY ON." BOARD MEMBER SCHWARZ COMMENTED, "YOU HAVE A TWENTY FOOT (20') ROAD FOR NON -DAILY USE ?" MR. EVANS SAID, "IT IS MINIMUM FIRE TRUCK WIDTH AND SECONDARY ACCESS TO THE PARK." BOARD MEMBER SCHWARZ ADDED, "THAT COMES AT A COST FOR YOU TO BUILD IT." MR. EVANS REPLIED, "SURE IT DOES." MR. EVANS STATED, "MAYBE WE CAN WORK WITH THE CITY BASED ON YOUR COMMENTS TO DO A STABILIZED ACCESS ROAD THAT ACTUALLY LOOKS LIKE GRASS, BUT IT IS HARD UNDERNEATH IT - IT IS ALLOWED AND IS REQUIRED BY FIRE ACCESS TRUCKS AND YOU MOW IT." VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER SCHWARZ: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. Mr. Stevenson stated, "We will be requesting of the Commission to bring P and Z (Planning and Zoning Board) up to speed on this — we will probably be forty-five (45) days out from the next Commission Meeting. We will try to get them to schedule a date for a Workshop on the Town Center, the Town Center Code and some other items - we will certainly let you know when that date is established." In other business, Mr. Stevenson then added, "Staff has initiated some work, it is very preliminary at this point in time on the revisit of the intersection of Tuskawilla (Road) and (State Road) 434 as it relates to Market Square and the frontage of Building 1." REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 8:46 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING — JUNE 1, 2011 PAGE 13 OF 13 WILLIAM H. POE, CHAIRMAN PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the , 2011 Planning And Zoning Board /Local Planning Agency Regular Meeting.