HomeMy WebLinkAbout2015 02 09 Public Hearing 500 Pollack Shores Concept Plan and Development AgreementCOMMISSION AGENDA
ITEM 500
REQUEST:
Informational
Consent
Public Hearings
X
Regular
February 09, 2015 KS RS
Regular Meeting City Manager Department
The Community Development Department — Planning Division requests the City
Commission consider approval of: 1) Concept Plan, and 2) associated Development
Agreement for an apartment complex consisting of a minimum of 250 units to a maximum
of 338 units located on the east side of Tuskawilla Road, north of SR 434 and west of
Michael Blake Boulevard.
SYNOPSIS:
The applicant is requesting approval of a Concept Plan and associated Development
Agreement for an apartment complex that will be developed into a minimum of 250 units to
a maximum of 338 units. The subject property is located in the T5 zone (Urban Center
Zone) of the Town Center. Multifamily uses such as apartments are a permitted use in the
T5 zone of the Town Center.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
. Applicant name and address and authorized representative: CS Capital Management,
Inc./ Whitaker Capital, LLC. 3525 Piedmont Road, 7 Piedmont Center, Suite 300,
Atlanta, GA 30305. Brian Love, authorized representative
. Property owner's name(sl: Winter Springs Holdings, INC. C/O International
Brotherhood
Public Hearings 500 PAGE 1 OF 7 - February 09, 2015
. Property addresses: No address issued
. Property Parcel ID number: 26- 20- 30- 5AR- OA00 -006C
. Current FLUM Designations: Town Center
• Current Zoning Designations: Town Center T5 (Urban Center Zone)
• Previously Approved Development permits such as conditional use, waiver, or
variance if any): None
• Development Agreements (if any): Future Development Commitment Agreement
between City of Winter Springs and Winter Springs Holdings, dated August 23, 2010,
O.R.B. 07486, Page 0146 -154
• Pending Code Enforcement Actions (if any): No known pending Code Enforcement
actions
. City Liens (if any): No known liens
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Home Rule Powers
Florida Statutes
City of Winter Springs Comprehensive Plan - Future Land Use Element
GOAL 2: Town Center. The City seeks to create a Town Center based upon traditional
design standards for development that will become the identifying focus of the City's
downtown and contribute to an increased and diversified tax base for the City. The primary
purpose of the Town Center shall be to create an economically successful, vibrant, aesthetic,
compact, multimodal, diverse, mixed use (including horizontal and vertical integration of
uses) neo- traditional urban environment, designed on a pedestrian scale and with a
pedestrian orientation. The Town Center is to be a place where people can reside in a mix of
single and multiple family dwellings, work, gather to shop, relax, recreate, be entertained,
attend community events, and enjoy the natural beauty of lands located in the Town Center.
The Town Center should be created through public and private investment and
development.
Policy 2.2.4: Mixed Uses. Permit a variety of mixed uses consistent, compatible, and in
harmony with the Town Center Goal and the Town Center District Code, including single
family residential, multiple family residential, commercial retail and services, public
services and buildings, parks, and schools, through the enactment of creative and flexible
land development regulations. (Ord. 2012 -05)
Policy 2.2.6: Residential Density. Support the desired commercial activity and urban
character desired for the Town Center by encouraging high density residential development
consistent with the Town Center Goal and Town Center District Code and encourage a
minimum average residential density of seven (7) units per acre, unless the type of unit
would warrant a lesser density while still meeting the intent of the Town Center District
Code. (Ord. 2012 -05)
Policy 2.2.8: Intensity. Encourage higher intensity development in the Town Center subject
to the Town Center District Code. (Ord. 2012 -05)
Public Hearings 500 PAGE 2 OF 7 - February 09, 2015
Policy 2.3.3: Fiscal Impacts of Development. Ensure that City policies, regulations, and
decision making processes not only consider Town Center design planning impacts, but also
consider whether proposed new development will have a positive and acceptable economic
and fiscal impact on the City. In furtherance of this policy, the City Commission shall
require (unless otherwise exempted by land development regulation), as a condition of
considering the approval or denial of a development project, that developers provide a
written economic and fiscal impact report, prepared by a duly qualified expert, that details
the associated economic and fiscal impacts of any proposed new development project on the
City and the School District. Although the City recognizes that some projects will have a
regional economic and fiscal impact as well, said report shall predominantly address the
economic and fiscal impacts on the Town Center and the City of Winter Springs as its own
economic system. The economic impact analysis portion of the report shall address the
impacts of the proposed project on jobs, economic output, and wages. The fiscal impact
analysis portion shall pertain to the net fiscal impact of the project over a period of years
which is the sum of those revenues (such as ad valorem taxes, public service taxes, sales
taxes, and charges for service) directly received by the City minus the sum of expenditures
incurred by the City (such as general government expenses, law enforcement, roads, and
parks and recreation). (Ord. 2012 -05)
Policy 2.3.4: Compatibility and Optimization of Tax Base. For purpose of determining
whether a project has a positive and acceptable economic and fiscal impact on the City
pursuant to Policy 2.3.3, the developer shall be required to demonstrate through its written
economic and fiscal impact report that the project is in compliance with the following
objective criteria:
(1) The proposed project and associated land use is not only a permitted use within the
applicable zoning transect, but is also compatible under existing conditions (existing,
permitted, or master - planned development) at the proposed location with other adjacent or
nearby land uses within the Town Center and any established surrounding neighborhoods.
(2) The market demand for the proposed project is at least minimally feasible based on
current market data including, but not limited to, data set forth in any economic
development study conducted by the City.
(3) Provided said project is first deemed compatible from a land use perspective under
criteria (1) and market demand is deemed minimally feasible under criteria (2), the
proposed project optimally increases and diversifies the City's tax base and economic well-
being. With respect to the phrase "optimally increases," the proposed project's economic
and fiscal impact shall be required to be the best result obtainable for the City under current
economic and land use conditions. In furtherance of determining consistency with this
provision, the developer's written economic and fiscal impact report shall analyze and
compare the proposed project to either the City's preferred project or projects for the subject
location as may be expressly set forth in the City's Town Center Master Plan or economic
development study conducted pursuant to Policy 2.3.2, or if the plan or study does not so
expressly provide, to a reasonable array of other potential alternative compatible projects
authorized in the applicable zoning transect for the subject project location. Furthermore,
the term "diversifies" means the extent that the proposed project reduces the City's reliance
upon a residential tax base to fund the City's fiscal budget. Additionally, if the proposed
project is a commercial project, the extent that the proposed project also provides different
and needed services and jobs to the Town Center and the City.
(4) Such other criteria set forth in the City's land development regulations. (Ord. 2012 -05)
Policy 2.3.7: Quality of Life. Strive to improve the quality of life of Winter Springs'
Public Hearings 500 PAGE 3 OF 7 - February 09, 2015
residents by encouraging an increased number and variety of thriving commercial
businesses that are supported and complimented by high -end residential projects located in
the Town Center.
City of Winter Springs Comprehensive Plan - Housing Element
Policy 1.1.15: Support the desired commercial activity and urban character desired for the
Town Center by encouraging high density residential development subject to the Town
Center District Code. (Cross Reference: Future Land Use Element, Policy 2.2.6); (Ord.
2012 -05)
Winter Springs Town Center District Code - Section 20 -323, Permitted Uses
Winter Springs Town Center District Code - Section 20- 321(2), Optional preliminary review
DISCUSSION:
Concept Plan
Previously the applicant proposed a Concept Plan for a thirteen building apartment
complex that would be developed into a total of 338 units on 13.9 acres at the northeast
corner of the intersection of Michael Blake Boulevard and SR 434. On August 21, 2014
and December 2, 2014, the applicant held a meeting with concerned citizens to solicit
their input on the proposed design. As a result of these meetings, no consensus was
reached between the applicant and the citizens on the proposed design of the project. With
this factor under consideration, City Staff and the applicant proposed a new layout and
relocation of the project to a portion of the property under their ownership that is west of
the intersection of Michael Blake Boulevard and SR 434, specifically on the east side of
Tuskawilla Road behind the McDonalds restaurant. This proposal consists of mixed use
buildings and apartment buildings located in the T5 zone (Urban Center Zone) of the
Town Center. Multifamily uses such as apartments are a permitted use in the T5 zone of
the Town Center.
The Concept Plan proposes vehicular access to the site via Michael Blake Boulevard, two
proposed "Town Center Streets ", and Tuskawilla Road. The property will be divided into
four blocks. One of the "Town Center Streets" that will be created will be the extension
of Tree Swallow Boulevard that will be constructed across the middle portion of the
property. Buildings that are proposed with frontage on Tuskawilla Road will be mixed use
with a first floor retail /office component. The remainder of the buildings will not be
mixed use, but will consist of apartment units. Additionally, the developer has agreed to
reserve the areas of the property that have frontage on SR 434 for mixed use and /or
commercial development. The developer has agreed to enter into negotiations with the
City for the possible sale to the City of a portion of the property along the east side of
Tuskawilla Road, north of Tree Swallow. This property would be reserved for
municipal /civic uses to include parking. Per the terms of the attached Development
Agreement, this project is the only standalone multi - family residential project permitted to
be developed on the entire property located north of S.R. 434, south of the Cross
Seminole Trail, east of Tuskawilla Road, and west of the pedestrian trail bridge. In the
event other multi - family projects are proposed on the remaining portions of the property,
the units shall be incorporated into a mixed use development.
A roundabout will be constructed at the proposed intersection of Michael Blake
Boulevard and the Town Center Street (Tree Swallow Drive) that is proposed to run in an
east/west direction across the property. The roundabout at this location was previously
approved by the City Commission as part of the Michael Blake Boulevard project;
Public Hearings 500 PAGE 4 OF 7 - February 09, 2015
however; construction of the roundabout was deferred until development of the
surrounding land. The eastern end of the roundabout will be appropriately stubbed out to
allow for the future continuation of Tree Swallow Drive to the east.
A wet detention pond is proposed on the east side of the Cross Seminole Trail pedestrian
bridge that will serve the development. This wet detention pond was previously designed
and permitted as a master wet detention pond to serve the Town Center Phase II project.
The pond is sized to handle stormwater runoff from the entire undeveloped portion of the
Town Center Phase II property.
Preliminary architectural elevations have been submitted that propose a muted, but varied
color scheme that is consistent with the surrounding architecture exhibited in the Town
Center. The elevations propose three -story buildings that are reflective of the urban nature
and architectural styles mandated in the Town Center District Code. The applicant will be
required to obtain final approval of the architectural elevations from the City Commission
through the Aesthetic Review process.
The buildings will be setback from property lines consistent with the setbacks that are
required in the T5 (Urban Center Zone) of the Town Center, which range between zero
and eight feet along front property lines, and will be oriented toward the streets they are
fronting on. This setback range and design configuration is reflective of historic
downtown layouts throughout the United States.
Upon completion, this project will help to further create the urban sense of place that has
materialized along Tuskawilla Road and State Road 434 with the completion of
previously approved projects such as Phase I of the Town Center and Jesup's Reserve,
and will help foster the transformation of these portions of Tuskawilla Road and State
Road 434 into the main street, and urban boulevard that was envisioned in the Town
Center master plan. The traffic study that was approved for the previous proposal will
have to be modified to reflect the new layout that is proposed.
On August 21, 2014, a community meeting was held in the City Commission chambers with
the developer of the proposed apartment complex. Representatives of the developer
presented conceptual design plans and solicited input and answered questions from the
general public in regards to this project and how the proposed development fits into the
City's overall vision for the Town Center. Based on the feedback from the community at
this meeting, the developer made modifications to the design of the project.
On December 2, 2014 a second community meeting was held. The developer's
representative presented a modified conceptual design that addressed previous concerns
from the general public regarding proximity of the apartment buildings to the Cross
Seminole Trail and the adjacent Winter Springs Village development. This design moved
the parcel that was reserved for future development along SR 434 to the northwest quadrant
of the site and preserved it for future development. Upon the conclusion of this meeting, the
concerns of the residents of the adjacent Winter Springs village development were not
resolved, and City Staff and the applicant worked on the proposed layout and location of the
project that is currently under consideration.
The Concept Plan is in compliance with all applicable policies of the Comprehensive Plan
and all applicable requirements of the City Code of Ordinances and the Town Center
District Code. The applicant will be required to obtain City Commission approval of Final
Public Hearings 500 PAGE 5 OF 7 - February 09, 2015
Engineering Plans and an Aesthetic Review prior to construction of the project.
Development Agreement
Per Section 20- 321(2) of the Town Center District Code, an applicant may proceed with the
review of a Conceptual Development Plan and receive a formal recommendation of either
approval or denial from City Staff regarding the Concept Plan provided it is accompanied
by a written Development Agreement proposed by City Staff for the City Commission's
approval. Based on this provision of the Code, City Staff and the applicant have negotiated
a Development Agreement for this project that details the following:
1. Limits the development to no more than three hundred thirty -eight (338) multi - family
dwelling units.
2. Requires the developer to fulfill a pre- existing obligation to design, permit and
construct permanent master stormwater facilities for the entire property including the
portion covered by this project.
3. Requires the developer to dedicate to the public any new streets that are constructed
for this project.
4. Requires the developer to design, permit and construct a roundabout at the
intersection of Michael Blake Boulevard and Tree Swallow Drive and stub out the
eastern end of the roundabout for the future continuation of Tree Swallow Drive to
the east.
5. Requires the developer to pay all ordinary and customary development permit fees
imposed by the City.
6. Requires the developer to employ an on -site management company that is responsible
for managing the day -to -day leases and tenant needs including maintenance of the
property. In the event the development is converted into a condominium, the
developer will be required to seek the reasonable approval of the City.
7. Limits this project to the only standalone multi - family residential project on the
property. In the event other multi - family projects are proposed on the remaining
portions of the property, the units shall be incorporated into a mixed use
development.
FISCAL IMPACT:
Development of the property will provide an increase in taxable value to the City, and will
provide additional population in the Town Center which will increase the Town Center's
demographic base and strengthen the support for business and future commercial
development within the Town Center. In accordance with Policy 2.3.3 of the Future Land
Use Element of the Comprehensive Plan and Section 20- 321(3)(f) of the Winter Springs
Town Center District Code, a detailed fiscal impact analysis is attached.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
Public Hearings 500 PAGE 6 OF 7 - February 09, 2015
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Community meetings were held with representatives of the applicant and the developer on
August 21, 2014 and December 2, 2014 to solicit input and answer questions from the
general public in regards to this project. An email distribution list for interested parties to
sign up to receive information about this proposed project was also created. Additionally,
the property has been posted with a large yellow sign noting the date and time of the public
hearings.
RECOMMENDATION:
In accordance with Section 20- 321(2) of the Town Center District Code, the Community
Development Department — Planning Division requests the City Commission approve:
1) Concept Plan, and 2) Development Agreement for an apartment complex with a
minimum of 250 units and a maximum of 338 units located on the east side of Tuskawilla
Road, the north side of SR 434 and the west side of Michael Blake Boulevard in the T5
zone (Urban Center Zone) of the Town Center.
ATTACHMENTS:
A. Concept Plan
B. Development Agreement
C. Preliminary Architectural Elevation
D. Fiscal Impact Analysis
E. Minutes - November 5, 2014 Planning & Zoning Board meeting
F. Original Concept Plan submittal
G. Revised Concept Plan submittal based on public input
H. Future Development Commitment Agreement between City of Winter Springs and
Winter Springs Holdings, dated August 23, 2010, O.R.B. 07486, Page 0146 -154
Public Hearings 500 PAGE 7 OF 7 - February 09, 2015
Attachment "A"
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425 -9566
DEVELOPMENT AGREEMENT
Attachment "B"
Draft 2/3/2015
FOR RECORDING DEPARTMENT USE ONLY
(Multi- family/Mixed Use Apartment Project — S.R. 434)
THIS DEVELOPMENT AGREEMENT (the "Agreement ") is made and executed this
day of January, 2015, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation (the "City "), whose address is 1126 East S.R. 434, Winter Springs, Florida
32708, and WINTER SPRINGS HOLDINGS, INC.., a Delaware corporation, ( "Developer "),
whose address is 900 Seventh Street NW, Washington, D.C. 20001.
WITNESSETH:
WHEREAS, Developer is the fee simple owner of certain real property currently located
in the City of Winter Springs, Florida and within the Town Center, more particularly described
in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is subject to the City's specific Town Center Comprehensive
Plan policies and land development codes ( "Town Center Policies "); and
WHEREAS, Developer desires to construct a development project consisting of
standalone multi - family units and commercial /multi - family mixed use units on a portion of the
Property, fronting the north side of State Road 434 and predominantly located between Michael
Blake Boulevard and Tuskawilla Road that is keeping in the character of the Town Center
Policies ( "Project "); and
WHEREAS, the Developer has requested that the City Commission grant an optional
preliminary approval of the Project in accordance with Section 20- 321(b)(2) of the Town Center
District Code and this Agreement; and
WHEREAS, the City and Developer desire to set forth the following terms and
conditions with respect to the development of the Property; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference including, but not limited to, the definitions created in the parentheticals
for the terms "Agreement," "Property," "Project," and "Town Center Policies," and
2. AuthorilX. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act and pursuant to Section 20- 321(b)(2) of the Town Center District Code.
3. Proiect Obligations and Commitments. In consideration of the City and
Developer entering into this Agreement, the City and Developer hereby agree as follows:
(a) Approval of Concept Plan. Developer shall design, permit and construct
a development project consisting of a combination of standalone multi - family units and
commercial/multi- family mixed use units on a portion of the Property as generally depicted on
the conceptual development plan which is attached hereto and fully incorporated herein as
Exhibit "B." Further, the architecture of the residential buildings for the development project
shall be designed in a manner substantially similar to the building elevation which is attached
hereto and fully incorporated herein as Exhibit "C." The conceptual development plan and the
building elevation shall hereinafter be called the "Concept Plan." The Developer shall submit
proposed building elevations for the mixed use buildings for the City's consideration after the
Effective Date of this Agreement in accordance with the Town Center District Code. The
number of dwelling units permitted within the aforementioned development project shall not
exceed three hundred thirty -eight (338) dwelling units. Notwithstanding the City's approval of
the Concept Plan, Developer shall have the obligation to further submit and obtain the City's
approval of a final site plan and final engineering plans which approval shall not be unreasonably
withheld if said plans are consistent with the Concept Plan in all material respects and in
compliance with the City Code. Developer shall also have the obligation to construct aesthetic
reasonable enhancements to the Project consistent with the Town Center District Code and the
City's aesthetic review process and requirements. Developer acknowledges and agrees that the
Concept Plan was not presented to the City with specific surveyed dimensions and that during
the final site plan and final engineering process such dimensions shall be surveyed, duly
engineered, and provided to the City for consideration under applicable City Codes. Further, the
elevations, roof lines, and architectural features depicted in the Concept Plan for the residential
buildings may have to be adjusted during the City's final review and approval procedures to
satisfy the requirements of the City Code. As such, Developer and the City agree that the
Concept Plan is subject to reasonable adjustments at the final site plan and final engineering
phase in order to bring the Project into full compliance with the City Code, particularly the Town
Center District Code.
(b) Master Stormwater Retention Facility. The parties acknowledge and
agree that the Developer has a pre- existing obligation to design, permit and construct permanent
master stormwater facilities for the entire Property including the portion covered by this Project.
Said obligation is memorialized in that certain Future Development Commitment Agreement by
and between the City and Winter Springs Holdings, Inc., dated November 10, 2010, and recorded
in O.R.B. 07486, Page 0146 -154 ( "Existing Agreement ") and remains in full force and effect.
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
-2-
The construction of the permanent master stormwater facilities are now required to be designed,
permitted and constructed by Developer in conjunction with this Project. The permanent master
stormwater facilities shall be owned and maintained by the Developer, with a drainage easement
dedicated to the City over all of the stormwater facilities supporting Michael Blake Boulevard
and other related City streets.
Pursuant to the Existing Agreement, Developer agrees to design, permit and construct the
master stormwater facilities concurrent with the Project. Said facilities shall be located as
generally depicted on the Concept Plan. For purposes of interpreting the aforesaid paragraph 3.6
(B), the parties acknowledge that "Spine Road" is now known as Michael Blake Boulevard and
Developer shall be considered the "Owner."
(c) Access Points and Street Frontage. The access points and street frontage
depicted on the Concept Plan are intended to be tentative representations that still require
additional reasonable City staff review and comments during the site plan and final engineering
review phase of the Project before the access points and street frontage are engineered by
Developer.
(d) New Streets. Any new streets constructed by the Developer in furtherance
of the Project shall be public streets and all such streets shall be conveyed to the City. All such
land conveyances shall be by warranty deed and free and clear of all encumbrances, unless prior
to the conveyance, the City notifies the Developer, in writing, that it will accept an encumbrance
based on the City's determination that the encumbrance does not materially interfere with the use
or maintenance of the street being conveyed.. Conveyance of roadway and streetscape
improvements shall be by bill of sale and free and clear of all liens. The warranty deed and bill
of sale shall be in a form reasonably acceptable to the City Attorney.
(e) Roundabout. Concurrent with the permitting and construction of the
Project and subject to approval by the City, Developer shall design, permit, and construct the
roundabout at the intersection of Michael Blake Boulevard and Tree Swallow Drive. The eastern
end of the roundabout will be appropriately stubbed out to allow for the future continuation of
Tree Swallow Drive to the east. Upon completion of the roundabout and acceptance by the City,
conveyance of roundabout streetscape improvements shall be by bill of sale and free and clear of
all liens. The bill of sale shall be in a form acceptable to the City Attorney.
(f) Development Permit Fees. Developer agrees to pay all ordinary and
customary development permit fees which have been established by the City Commission
including, but not limited to, application, building, and impact fees. A schedule of the current
fees is on file in the City's Community Development Department.
(g) Mandatory On -Site Management of Property; Future Condominium
Conversion of the Project. The intent and purposes of this Paragraph is to apply only to the
Project building and is not intended to apply to the remainder of the Property which will be
developed in the future. With respect to the Project, Developer shall be required to employ an
appropriate number of on -site personnel, or an on -site management company that will be
responsible for managing the day -to -day leases and tenant needs in a manner that is commonly
accepted in the local residential rental market for luxury apartments. Developer shall also be
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
-3-
responsible for maintaining, in good condition and in compliance with any and all applicable
City property maintenance codes, any and all common areas, landscaping, entrance signs, walls,
fences, recreational areas, and stormwater facilities. associated with the Project, However, in the
event that the Developer desires to convert the Project into a condominium in the future,
Developer shall be required to first seek the reasonable approval of the City in accordance with
the City's subdivision of land and other City Code requirements including, but not limited to
zoning/building(fire code requirements which will not be unreasonably withheld. If the
conversion is approved by the City, Developer shall form a mandatory condominium association
(the "Owners Association ") for purposes of managing the day -to -day condominium owner needs
and maintaining any and all common areas, the parking facilities, landscaping, entrance signs,
walls, fences, recreational areas, and stormwater facilities associated with the Project. The
Developer will file a Declaration of Condominium, (the "Declaration ") among the Public
Records of Seminole County, Florida to evidence the formation of the Owners Association and
establish its rights, duties and obligations. The Declaration shall be in a form reasonably
acceptable to the City Attorney and, shall require the Owners Association, and the members
thereof, to be bound by the terms and conditions of this Agreement.
(h) Other Required by Commission (if any)
[To be Determined]
4. Binding Covenant on Property — Future Apartment Units. Developer
hereby covenants and agrees that the Project will be the only standalone multi - family apartment
development on the entire Property. No other standalone multi - family apartment project will be
developed on the remaining portions of the Property. If the City approves, in its discretion, any
other multi - family apartment units on the remaining portion of the Property, said units shall be
required to be incorporated into, and constructed concurrent with, a mixed use development
project in accordance with the applicable provisions of the Town Center District Code. The
covenant provided under this Paragraph 4 was freely given by the Developer in consideration of
the development rights granted by the City hereunder and shall constitute a separate and binding
land use covenant running with the Property which shall be enforceable by the City. Should this
Agreement be terminated by either party, this Paragraph shall survive termination unless this
Paragraph is expressly terminated by the parties by separate legal instrument recorded in the
Official Public Records of Seminole County, Florida.
5. Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this 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 Developer and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terns and conditions of this Agreement.
6. 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
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
-4-
assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property
and shall run with title to the same.
7. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
8. 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.
9. Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Developer as to the subject
matter hereof.
10. Severability. If any provision of this Agreement shall beheld 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.
11. Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
12. Recordation. This Agreement shall be recorded in the Official Public Records of
Seminole County, Florida.
13. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer 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.
14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under the state and federal law.
15. City'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.
16. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
17. Third -Party Riehts. 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.
18. 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
Developers Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
-5-
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19. 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.
20. 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 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 certificates of occupancy for any building or
unit if Developer is in breach of any term and condition of this Agreement.
21. 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 commence construction of the Project within three (3) years of the
effective date of this Agreement. However, if the failure is caused by a delay which is the direct
result of the City's breach of this Agreement, the three year time period shall be extended by an
amount of time equivalent to the delay time period. If the City terminates this Agreement, the
City shall record a notice of termination in the public records of Seminole County, Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
[Signature pages to follow)
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
-6-
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
signature of Witness
Printed Name of Witness
DISTRICT OF COLUMBIA
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.
Dated:
IM
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
WINTER SPRINGS HOLDINGS, INC., a
Delaware corporation
By:
Print name:
Its President
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
-7-
The foregoing instrument was acknowledged before me this day of
2015, by , as President of Winter Springs Holdings, Inc., a
Delaware Corporation, on behalf of said corporation. He is personally known to me or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Developer's Agreement
City of Winter Springs and Winter Springs Holdings, Inc.
-8-
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EXHIBIT
c,
Whitaker Capital
Proposed Town Center Apartments - Elevation
Y Pte-
i
Attachment "C"
Attachment "D"
Economic Impact of Winter Springs Apartments in Winter Springs, FL
Executive Summary
January 16, 2015
Prepared by:
City of Winter Springs Economic Development
1126 East State Road 434
Winter Springs, FL 32708
This summary was prepared by the City of Winter Springs Economic Development Department using Total Impact by Impact
DataSource. Please consult the full economic impact report for additional details and assumptions used in this analysis.
Page 1
Project Description
Develop 338 unit aparatment community, with clubhouse, fitness center, pool and other amenities.
Summary of the Economic Impact of the Project on the City of Winter Springs
The project will have the following economic impact on the City of Winter Springs over the first 10 years:
I
* Number of new residents in the city, not necessarily the number of occupants in the new residential units
Economic Impact Over the First 10 Years on the City of Winter Springs
Indirect &
Direct Induced Total
Total number of permanent direct and indirect jobs to be created
Salaries to be paid to direct and indirect workers
The market value the residential community's property on local tax rolls in Year 1
Page 2
12 0 12
$6,037,388 $420,202 $6,457,591
$33,500,000 $0 $33,500,000
One - Bedroom
Two - Bedroom
Three - Bedroom
Four - Bedroom
Five - Bedroom
Total
Units
Units
Units
Units
Units
Units
Apartments
209
123
6
0
0
338
Townhomes
0
0
0
0
0
0
Single Family Residences
ML 0
0
0
0
0
0
Total Residential Units
.�= IL 209
123
6
0
0
338
New Residents* MEMO&===
277
20
0
0
532
I
* Number of new residents in the city, not necessarily the number of occupants in the new residential units
Economic Impact Over the First 10 Years on the City of Winter Springs
Indirect &
Direct Induced Total
Total number of permanent direct and indirect jobs to be created
Salaries to be paid to direct and indirect workers
The market value the residential community's property on local tax rolls in Year 1
Page 2
12 0 12
$6,037,388 $420,202 $6,457,591
$33,500,000 $0 $33,500,000
Costs and Benefits for Local Taxing Districts
The project will generate additional benefits and costs for local taxing districts. A summary of these additional benefits,
costs and net benefits is provided below. The source of specific benefits and costs are provided in more detail for each
taxing district on subsequent pages.
Distribution of Net Benefits Over the First 10 Years
Fire District $853,654
St. John's diver WMD,
$115,926
Seminole County Public
Schools, $3,391,025
Seminole County,
$2,935,366
Page 3
City of Winter Springs,
$32,243,553
Present
Additional
Additional
Net
Value of
Benefits
Costs
Benefits
Net Benefits*
City of Winter Springs
$40,735,482
($8,491,929)
$32,243,553
$25,061,769
Seminole County
$3,885,789
($950,424)
$2,935,366
$2,302,753
Seminole County Public Schools
$8,435,878
($5,044,852)
$3,391,025
$2,731,902
St. John's River WMD
$115,926
$0
$115,926
$88,858
Fire District
$853,654
$0
$853,654
$654,330
Total
$54,026,729
($14,487,205)
$39,539,524
$30,839,611
*The Present Value of Net Benefits is a way of expressing
in today's dollars, dollars to be
paid or received in the future. Today's
dollar and a dollar to be received or paid at differing times in the future are not comparable because of the time value of
money. The time value of money is the interest rate or each taxing entity's discount rate.
This analysis uses
a discount rate
of 5% to make the dollars comparable.
Distribution of Net Benefits Over the First 10 Years
Fire District $853,654
St. John's diver WMD,
$115,926
Seminole County Public
Schools, $3,391,025
Seminole County,
$2,935,366
Page 3
City of Winter Springs,
$32,243,553
Benefits and Costs for the City of Winter Springs
The table below displays the estimated additional benefits, costs and net benefits to be received by the city over the
first 10 years of the project. Appendix C contains the year -by -year calculations.
Page 4
Add'I Benefits
Add'I Costs
Net Benefits
Sales Taxes*
$435
$435
Property Taxes
$924,918
$924,918
Building Permits
$180,000
$180,000
Impact Fees
Police
$113,429
$113,429
Fire
$236,600
$236,600
Transportation
$751,641
$751,641
Parks
$405,600
$405,600
Connection /Tap Fees
$250,000
$250,000
Other Revenues, Taxes & Fees: Residential Community
City -Owned Utility Revenues
$3,525,241
$3,525,241
Electricity Franchise Fees
$9,776,113
$9,776,113
Electricity Taxes
$17,174,820
$17,174,820
Water /Wastewater Taxes
$288,678
$288,678
Natural Gas Taxes
$0
$0
Communication Services Taxes
$26,292
$26,292
Other Taxes & User Fees
$67,021
$67,021
Other Revenues, Taxes & Fees: New Residents
City -Owned Utility Revenues
$2,496,525
$2,496,525
Electricity Franchise Fees
$261,185
$261,185
Electricity Taxes
$317,381
$317,381
Water /Wastewater Taxes
$225,226
$225,226
Natural Gas Taxes
$186,511
$186,511
Communication Services Taxes
$512,576
$512,576
Other Taxes & User Fees
$2,930,572
$2,930,572
Other Revenues, Taxes & Fees: New Worker Residents
City -Owned Utility Revenues
$34,925
$34,925
Electricity Franchise Fees
$3,347
$3,347
Electricity Taxes
$3,177
$3,177
Water /Wastewater Taxes
$2,562
$2,562
Natural Gas Taxes
$2,175
$2,175
Communication Services Taxes
$3,850
$3,850
Other Taxes & User Fees
$34,681
$34,681
Costs: New Residential Community
Cost of City -Owned Utility Service
($3,384,231)
($3,384,231)
Cost of Services
($59,180)
($59,180)
Costs: New Residents
Cost of City -Owned Utility Service
($2,396,664)
($2,396,664)
Cost of Services
($2,587,702)
($2,587,702)
Costs: New Worker Residents
Cost of City -Owned Utility Service
($33,528)
($33,528)
Cost of Services
($30,624)
($30,624)
Total
$40,735,482
($8,491,929)
$32,243,553
Present Value (5% discount rate)
$31,567,067
($6,505,298)
$25,061,769
Page 4
* The analysis identifies the net effect on city revenues from additional taxable sales in the area. See the Methodology section for details.
Page 5
Benefits and Costs for the City of Winter Springs - Continued
The following table summarizes the year -by -year benefits, costs and net benefits to the city over the first 10 years.
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
( $1,000,000)
($2,000,000)
City Net Benefits Over the First 10 Years
1 2 3 4 5
6 7 8 9 10
Year
Benefits M Costs
Page 6
Net Benefits
Cumulative
Cumulative
Additional
Additional
Net
Net
Present Value
Present Value
Benefits
Costs
Benefits
Benefits
of Net Benefits
of Net Benefits
Year 1
$5,481,226
($775,538)
$4,705,687
$4,705,687
$4,481,607
$4,481,607
Year 2
$3,614,650
($791,049)
$2,823,600
$7,529,288
$2,561,089
$7,042,696
Year 3
$3,686,793 I.
($806,870)
$2,879,923
$10,409,210
$2,487,785
$9,530,481
Year 4
$3,760,381 IN
($823,008)
$2,937,374
$13,346,584
$2,416,585
$11,947,066
Year 5
$3,835,444 I.
($839,468)
$2,995,976
$16,342,560
$2,347,426
$14,294,492
Year 6
$3,912,011 IN
($856,257)
$3,055,754
$19,398,314
$2,280,250
$16,574,742
Year 7
$3,990,111 I.
($873,382)
$3,116,729
$22,515,043
$2,215,001
$18,789,743
Year 8
$4,069,776
($890,850)
$3,178,927
$25,693,970
$2,151,623
$20,941,366
Year 9
$4,151,037 �F
($908,667)
$3,242,370
$28,936,340
$2,090,061
$23,031,427
Year 10
$4,234,053
($926,840)
$3,307,213
$32,243,553
$2,030,342
$25,061,769
Total
$40,735,482 ($8,491,929)
$32,243,553
$25,061,769
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
( $1,000,000)
($2,000,000)
City Net Benefits Over the First 10 Years
1 2 3 4 5
6 7 8 9 10
Year
Benefits M Costs
Page 6
Net Benefits
Benefits and Costs for Seminole County
The table below displays the estimated additional benefits, costs and net benefits to be received by the county over the
first 10 years of the project. Appendix C contains the year -by -year calculations.
The following table summarizes the year -by -year benefits, costs and net benefits to the county over the first 10 years.
Add'I Benefits
Add'I Costs
Net Benefits
Sales Taxes*
$1,363
Cumulative
$1,363
Property Taxes
$1,786,193
Net
$1,786,193
Tourist Development Taxes
$0
$0
Impact Fees
Benefits
Benefits
of Net Benefits
Transportation
$267,696
$615,991
$267,696
Library
$18,252
$503,992
$18,252
Other Taxes & User Fees: Residential Com. -Mk
$98,828
($88,535)
$98,828
Other Taxes & User Fees: New Residents�F
$1,648,431
$728,676
$1,648,431
Other Taxes & User Fees: New Worker ResidentZI
$65,027
$252,381
$65,027
Cost of Services: Residential CommunityllIlME
$946,692
($51,829)
($51,829)
Cost of Services: New Residents I
$257,146
($864,493)
($864,493)
Cost of Services: New Worker Residenn s�J
Year 5
($34,102)
($34,102)
Total
$3,885,789
($950,424)
$2,935,366
Present Value (5% discount rate)
$3,030,831
($728,078)
$2,302,753
* The analysis identifies the net effect on city revenues from additional taxable sales
in the area. See the Methodology
section for details.
The following table summarizes the year -by -year benefits, costs and net benefits to the county over the first 10 years.
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
( $100,000)
($200,000)
1 2 3 4 5 6 7 8 9 10
Benefits Costs Year Net Benefits
Page 7
Cumulative
Cumulative
Additional
Additional
Net
Net
Present Value
Present Value
Benefits
Costs
Benefits
Benefits
of Net Benefits
of Net Benefits
Year 1
$615,991
($86,799)
$529,192
$529,192
$503,992
$503,992
Year 2
$336,249
($88,535)
$247,714
$776,906
$224,684
$728,676
Year 3
$342,686
($90,306)
$252,381
$1,029,287
$218,016
$946,692
Year 4
$349,257
($92,112)
$257,146
$1,286,432
$211,554
$1,158,246
Year 5
$355,965
($93,954)
$262,011
$1,548,443
$205,292
$1,363,539
Year 6
$362,811
($95,833)
$266,978
$1,815,421
$199,223
$1,562,762
Year 7
$369,799
($97,750)
$272,050
$2,087,470
$193,341
$1,756,102
Year 8
$376,932
($99,705)
$277,227
$2,364,698
$187,638
$1,943,741
Year 9
$384,212
A& ($101,699)
$282,514
$2,647,211
$182,111
$2,125,851
Year 10 ,
$391,887jiW$103,733)
$288,154
$2,935,366
$176,902
$2,302,753
Total
$3,885,7850,424)
$2,935,366
$2,302,753
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
( $100,000)
($200,000)
1 2 3 4 5 6 7 8 9 10
Benefits Costs Year Net Benefits
Page 7
Benefits and Costs for Seminole County Public Schools
The table below displays the estimated additional benefits, costs and net benefits to be received by the school
district over the first 10 years of the project. Appendix C contains the year -by -year calculations.
Benefits for Other Taxing Districts
The table below displays the estimated additional property taxes to be received by other taxing districts over
the first 10 years of the project. Appendix C contains the year -by -year calculations.
Additional
Benefits
St. John's River WMD $115,926
Fire District $853,654
Total $969,580
Page 8
Additional
Additional
Net
Benefits
Costs
Benefits
Property Taxes
$2,893,389
$2,893,389
Additional State & Federal School Funding
$4,832,688
$4,832,688
Impact Fees
$709,800
$709,800
Cost of Educating New Students
($5,044,852)
($5,044,852)
Total
$8,435,878
($5,044,852)
$3,391,025
Present Value (5% discount rate)
$6,581,413
$3,849,511
$2,731,902
Benefits for Other Taxing Districts
The table below displays the estimated additional property taxes to be received by other taxing districts over
the first 10 years of the project. Appendix C contains the year -by -year calculations.
Additional
Benefits
St. John's River WMD $115,926
Fire District $853,654
Total $969,580
Page 8
Attachment "E"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 5, 2014
PAGE 2 OF 12
CONSENT AGENDA
CONSENT
300. Office Of The City Clerk
The Office Of The City Clerk Requests That The Planning And Zoning Board/Local
Planning Agency Review And Approve The Wednesday, October 1, 2014 Planning
And Zoning Board/Local Planning Agency Regular Meeting Minutes.
"I MAKE A MOTION WE APPROVE THE MINUTES OF THE LAST
MEETING." MOTION BY VICE - CHAIRPERSON CASMAN. SECONDED BY
BOARD MEMBER WALKER. DISCUSSION.
VOTE:
BOARD MEMBER WALKER: AYE
BOARD MEMBER MILLER: AYE
BOARD MEMBER PHILLIPS: AYE
CHAIRPERSON HENDERSON: AYE
VICE - CHAIRPERSON CASMAN: AYE
MOTION CARRIED.
400. REPORTS
No Reports were given.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department — Planning Division
The Community Development Department — Planning Division Requests The
Planning And Zoning Board Consider A Preliminary Site Plan (PSP) For A 338
Unit Apartment Complex Located On The Northeast Corner Of The Intersection Of
State Road 434 And Michael Blake Boulevard.
Mr. Bobby Howell, AICP, Planner, Community Development Department introduced the
Agenda Item and mentioned different aspects of the project, noting the developer's
willingness to work with City Staff and that the Preliminary Site Plan is in line with the
Town Center District Code.
Referring to the Community Meeting, held on August 21, 2014 between City Staff,
residents and the Developer, Board Member Suzanne Walker asked "What were some of
the changes that were made based upon community input at that time ?"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 5, 2014
PAGE 3 OF 12
Mr. Howell explained that the trash compactor had been moved as requested and noted
that the Developer was present this evening and available to answer further questions.
Mr. Brian Love, representing Whitaker Capital, LLC.: summarized some of the issues
and their changes, including the proximity to the pedestrian trail, creating a buffer, more
green space, and the trash compactor was moved.
Vice - Chairperson Howard Casman asked if there were any other issues brought up during
the Community Meeting.
Responding, Mr. Love said, "I think there is a myriad of issues and questions and
comments and I'll say we did our best to address as much as we could." Regarding the
orientation of the apartment complex, Mr. Love continued, "Through discussions with the
City, really, the vision of the Town Center puts us into this layout." Mr. Love also
emphasized that they would like this to be a "discussion not a dictation" between all
parties involved.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
briefly spoke on Staff s desire not to pursue further apartment complexes but to see more
commercial development in and around the Winter Springs Town Center.
Brief discussion.
Chairperson Henderson opened "Public Input ".
Ms. Colleen Murphy, 684 Fanning Drive, Winter Springs, Florida: spoke on behalf of the
Winter Springs Village Homeowner's Association, acknowledged the City's need to
grow its tax base and the desire for an economically viable Town Center, mentioned the
closeness in proximity of the complex to Winter Springs Village, loss of sense of
community, potential increase in crime, traffic and noise pollution, declining home
values, future implications, and preferable alternative plans.
Mr. Eric Beach, SIS Buckhorn Drive, Winter Springs, Florida: spoke briefly about when
he moved to Winter Springs and spoke on issues related to residents that are not vested in
the community.
Mr. Amarildo Monsalve, 604 Treehouse Street, Winter Springs, Florida: commented
briefly about transient populations normally associated with rental units and its
potentially negative impact on surrounding neighborhoods.
Mr. Todd A. Stewart, 103 St. Johns Landing Drive, Winter Springs, Florida: remarked
about his concerns with traffic, a decline in home values, and the Cross Seminole Trail.
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING — NOVEMBER 5, 2014
PAGE 4 OF 12
Mr. Howard "Jim " Thomson, 931 Ginnie Way, Winter Springs, Florida: mentioned
potential traffic jams at some locations and was concerned that the new Commissioner
recently Elected would not have enough time to fully assess the situation before a Vote
takes place by the City Commission.
Chairperson Henderson responded, "Yes, he will be" and emphasized that this is only a
Preliminary Site Plan.
Mr. Greg Roth, 782 Gainer Way, Winter Springs, Florida: acknowledged the
Developer's right to build, offered an alternative location for the apartment complex and
spoke about access roads.
Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: spoke about visibility
issues, the Town Center District Code, lack of signage, and exceeding capacities for
surrounding schools.
Mr. Mike Cannell, 221 Torcaso Court, Winter Springs, Florida: asked for clarification on
the exact location of the development, remarked about previous highly productive
collaborations with the City and suggested that a workshop would be beneficial in
helping to solve the current issues.
Ms. Gina Shafer, 434 Buckhorn Drive, Winter Springs, Florida: spoke about traffic
issues outside of housing developments and schools.
Mr. David Bowen, President, St. Johns Landing Community Association, 105 St. Johns
Landing Drive, Winter Springs, Florida: discussed Winter Springs' limitations, the
unlikelihood of commercial growth, small job market, potential traffic issues, parking
issues, long -term apartment maintenance, and suggested townhomes instead of
apartments.
Chairperson Henderson closed "Public Input ".
Next, Chairperson Henderson asked the City Engineer comment about a possible traffic
light on Michael Blake Boulevard and the extension of Orange Avenue.
Mr. Brian Fields, P.E., City Engineer, Public Works Department referenced the
Transportation Master Plan that distributes traffic in the Town Center and its future
implementation as it is warranted.
Tape 1 /Side B
Continuing, Mr. Fields mentioned Orange Avenue and its status and noted, "We are
currently in design for Orange Avenue to extend Orange Avenue as a permanent real road
through Central Winds Park — it is targeted and scheduled for construction next calendar
year." Mr. Fields commented further on traffic and streets.
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 5, 2014
PAGE 5 OF 12
Discussion followed on the capacity of vehicles that the Transportation Master Plan can
accommodate to which Mr. Fields remarked, "This network of streets — this was designed
in concept to be modified as developments come in around it."
Board Member Walker asked if there would be lane widening on State Road 434. Mr.
Fields stated, "On State Road 434? No." Mr. Fields emphasized that six (6) lanes is not
envisioned for State Road 434 and added, "We would like to see lower speeds, more
access, so residents and businesses — people slow down and stop and in our downtown
area. Discussion followed on the timeline of these projects.
Vice - Chairperson Howard Casman also suggested a workshop to aid in solving the
issues. Mr. Love answered, "Sure, we're happy to do it." Mr. Love spoke on the added
benefit of community input, and the site orientation being a concern to some. Brief
discussion followed about the number of apartments in the Winter Springs area.
Furthermore, Vice - Chairperson Casman asked, "You would be willing to sit down with
these people again, in a workshop type atmosphere? Maybe invite people over from St.
Johns Landing and other communities in the area that have worked through this to help
them understand what you are doing and how it will affect them." Mr. Love replied,
"Sure — like I said we've done it before, we'll do it again."
Comments continued on the neighboring property and apartments versus townhomes.
Speaking to Mr. Fields, Board Member Walker voiced her apprehension about potential
traffic issues and asked for further information.
Mr. Fields commented on traffic generation in commercial and residential areas and
stated, "We feel like the network and Master Plan that we have, has anticipated high
density development in the Town Center at this location. We don't know what mixture of
Uses it'll be, but we have a complete network of streets and intersections that is ready to
be developed. There are funding sources, including Developer funded improvements to
accommodate that traffic."
Board Member Walker praised City Staff "Who do a wonderful job and are very diligent
and have a lot of integrity in their work" and asked if there was an opportunity to change
the orientation of the development in an attempt to try and appease nearby residents.
Mr. Stevenson discussed community involvement in the Town Center Master Plan and
the City's attempts to build a demographic within the Town Center, and pointed out,
"One of reasons that we have it oriented the way you see it here, is that we are still trying
to protect some commercial or Mixed -Use area." Mr. Stevenson clarified why the
development could not be located on Tuskawilla Road and mentioned the City's efforts
to keep natural /green spaces, reduce visibility issues, and implement directional /way
finding signage.
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 5, 2014
PAGE 6 OF 12
Board Member Bart Phillips commented on limiting the quantity of apartment complexes
to create a thriving supply and demand factor. Mr. Stevenson agreed and mentioned the
desire for more Mixed -Use and retail spaces.
Much discussion followed.
"I WOULD MAKE A RECOMMENDATION THAT THE PLANNING AND
ZONING BOARD FORWARD TO APPROVAL TO THE CITY COMMISSION
WHO WOULD TABLE THIS APPROVAL PENDING A WORKSHOP."
MOTION BY VICE - CHAIRPERSON CASMAN.
SENIOR ATTORNEY KOPP STATED, "DO YOU WANT TO MAKE IT SO
THAT A WORKSHOP IS HELD, WITH THE PUBLIC PRESENT..." VICE -
CHAIRPERSON CASMAN REMARKED, "...ABSOLUTELY..." SENIOR
ATTORNEY KOPP CONTINUED, "...WITH THE DEVELOPER, EITHER
PRIOR TO THE CITY COMMISSION OR THE CITY COMMISSION COULD
TABLE IT — THAT WAY IF THEY COULD..."
MR. STEVENSON ADDED, "...I THINK THE CITY COMMISSION, BECAUSE
OF THE ADVERTISING AND TO PRESERVE ADVERTISING AND MY
ADVERTISING DOLLARS, WOULD PROBABLY CONTINUE IT TO A DATE
CERTAIN, ALLOWING FOR TIME TO HAVE THE WORKSHOP PRIOR TO
THEM CONSIDERING THE CONCEPT PLAN."
CONCURRING, SENIOR ATTORNEY KOPP STATED, "YOU COULD DO
THAT OR YOU COULD TRY TO HAVE THE WORKSHOP PRIOR TO THE
MEETING AS WELL, EITHER WAY."
MR. STEVENSON MENTIONED, "IT'S ON THE SEVENTEENTH
(NOVEMBER 2014)."
VICE - CHAIRPERSON CASMAN NOTED, "ALL WE ARE LOOKING TO DO IS
PROTECT OUR NEIGHBORS AND IN THAT SENSE WE COULD
RECOMMEND IT TO BE FORWARDED FOR APPROVAL TO THE CITY
COMMISSION, BUT THEY SHOULD TABLE IT PENDING A WORKSHOP."
SENIOR ATTORNEY KOPP MENTIONED, "THEY CAN AND THEY COULD —
PERSERVE THEIR ADVERTISING COSTS BY CONTINUING TO A TIME
AND DATE CERTAIN..." VICE - CHAIRPERSON CASMAN SAID, "...THAT
WAY THESE PEOPLE ARE GUARANTEED A VOICE BEFORE ANY FINAL
DECISION IS MADE."
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - NOVEMBER 5, 2014
PAGE 7 OF 12
ADDITIONALLY SENIOR ATTORNEY KOPP STATED, "THEY WOULD
HAVE A PUBLIC HEARING AT THE CITY COMMISSION ANYWAY, SO
THEY WOULD BE HEARD EITHER WAY, BUT YES."
SECONDED BY BOARD MEMBER WALKER. DISCUSSION.
ASSISTANT TO THE CITY CLERK ANTONIA DELLA DONNA ASKED FOR
CLARIFICATION THAT "THE MOTION IS APPROVE THIS TO GO TO THE
CITY COMMISSION, THAT THEY'LL TABLE IT..." CHAIRPERSON
HENDERSON STATED, "...WITH THE RECOMMENDATION THAT THEY
TABLE IT AND HOLD A WORKSHOP." IN ADDITION, MR. STEVENSON
ASKED, "COULD WE CHANGE THE WORD `TABLE' TO `CONTINUE TO
DATE CERTAIN' ?"
CHAIRPERSON HENDERSON AGREED ANDVICE - CHAIRPERSON CASMAN
NODDED IN AGREEMENT. NO OBJECTIONS WERE VOICED.
VOTE:
VICE - CHAIRPERSON CASMAN: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER MILLER: AYE
BOARD MEMBER WALKER: AYE
BOARD MEMBER PHILLIPS: AYE
MOTION CARRIED.
Chairperson Henderson called a Recess at 7: 00 p.m.
The Meeting reconvened at 7:05 p. m.
PUBLIC HEARINGS
501. Community Development Department — Planning Division
The Community Development Department — Planning Division Requests That The
Planning And Zoning Board Consider: 1) Final Engineering Plan, And 2) Aesthetic
Review For Dunkin Donuts, A 6,883 Square Foot Building With A 2,310 Square
Foot Dunkin Donuts Restaurant And Three Associated Retail Bays Located On The
Southeast Corner Of The Intersection Of State Road 434 And Stone Gable Circle.
Mr. Howell introduced the Agenda Item and gave a brief description of its origin,
Permitted Uses, and some recent aesthetic improvements.
In reference to the landscaping, Board Member Walker commented about the
Developer's plans to add any type of greenery; and Mr. Howell referenced the Landscape
Plan and the variety of trees.
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Prepared by and return to.,
Antixony A. Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agmta, PA
111 N. Orange Avenue, Suite 2000
Orlando, Florida. 32802
MRVAW-MoRkE CLERK OF CIRCUIT COURT
SEMINOLE COUNTY --
iK 07486 Pqs 0145 0 154; t9pgs3
CLERK" 6 0 2010136465
RECORDED IIA Wi10 OS:0S:
RECORDING FEES 7&00
RECORDED BY T Smith
FUTITRE DEVELOPMENT
COMMr1WNT AGREEMENT
THIS AGREEMENT (the "Agreement ") is rnade and entered into effective this
4h day of November, 2010, by and between Winter Springs Holdings, Ne., a Delaware
corporation, whose address is 900 Seventh Street NW, Ste. 1020, Washington, DC 20001, and its
successors and assigns (the "Owner "), and the City of Winter Springs, Florida (the "City "), a
Florida Municipal Corporation, whose address is 1126 E. State Road 434, Winter Springs, Fl,
32708.
COMMON RECITALS:
WHEREAS, the Owner is the owner in fee simple title to certain real property (the
"Property') described in EXHIBIT "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, the Property was subject to that certain Implementation Agreement (the
"Implementation Agreement "), recorded in the Public Records of Seminole County, Florida in
Official Records Book 6599, Pages 1705 -1726; and
WHEREAS, the Owner and the City entered into an Agreement, dated August 23,2010,
to terminate the Implementation Agreement in accordance with the conditions set forth in Section
3 thereof, which shall be recorded in the Public Records of Seminole County, Florida prior to the
recordation of this Agreement ( "Termination Agreement"); and
WHEREAS, Section 3.6 of the Termination Agreement required that the City and the
Owner enter into this Agreement to memorialize the fixture development obligations which are
restated from the Termination Agreement as set forth herein.
WTTNESSETH:
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and in consideration
of the termination of the Implementation Agreement and in accordance with the Termination
Agreement, the parties agree as fellows:
Future Development Commitment Agreement
City of Winter Springs/Winter Springs Holdings, Inc.
Page I of 6
1. Recitals. The parties agree and acknowledge that the recitals above are true and
correct and that it is the intent of the parties by entering into this Agreement to create a legally
binding contract.
2, Future Obligations on the Propertv. In accordance with Section 3.6 of the
Termination Agreement, Owner hereby restates the following existing commitments with
respect to the Property:
2.1 Owner agrees to convey to the City two small neighborhood squares # 4
(minimum .42 acres) and #5 (minima .44 acres), such acreage to include all rights -of -way around
the perimeter of each neighborhood square, at such time the City determines the squares are
needed in conjunction with the future development of the Property. The location of the neighborhood
squares are generally depicted on EYMIT "B," which is attached hereto and fully incorporated
herein by this reference. However, the Owner and the City agree that the parties may mutually agree
in writing to modify the location of the neighborhood squares in order to accommodate the future
development plans on the Property. The conveyances shall be at no cost to the City by special
warranty deed for fee simple title.
2.2 Owner shall be responsible for designing, permitting, and constructing a
master stormwater plan for the Property, which is intended to include the handling of stormwater
runofF from Spine Road (Michael Blake Boulevard) which is being simultaneously conveyed to the
City with the execution and delivery of this Agreement. Owner shall construct the permanent
master stormwater facilities at such time the Property is developed in accordance with all applicable
St. Johns Water Management District (" SJRWMD") and any other applicable regulatory permitting
requirements. The permanent stormwater facilities located outside of the Spine Road Property shall
remain privately owned and maintained, with a drainage easement dedicated to the City over all
stormwater facilities supporting Spine Road at such time the permanent facilities are constructed
and approved by the City. In the event that the City chooses to construct Spine Road in advance of
substantial development of the Property and before the permanent stormwater facilities are in place,
Owner shall grant the City a right-of-entry to coustmet and maintain temporary stormwater
facilities on the Property located outside of the Spine Road Property in accordance with a temporary
drainage easement that is mutually acceptable to the Owner and the City. The area for the temporary
stormwater facilities shall be generally located in the area depicted on EX1MIT "C;' which is
attached hereto and deemed fully incorporated herein by this reference. The right-of entry and
easement shall remain in place until the permanent stormwater facilities are constructed by the
Owner. At the time the permanent drainage facilities are constructed and accepted by the City and
the applicable regulatory agencies, Owner shall be
responsible for the removal of all temporary drainage facilities. In addition to the right-of-entry and
easement Owner shall grant the City authorization to utilize and/or modify any permits applicable to
the construction of Spine Road Owner agrees to cooperate with the City regarding any permit
utilization and/or modification and shall execute applicable permit documents authorizing the
permit utilization or modification to the extent required by the SJRWMD.
3. Miscellaneous Provisions.
3.1 Applicable Law and Venue. This Agreement shall be governed by and
Futam Development Commitment Agreement
City of Winter Springs/Wmter Springs Moldings, Inc.
Page 2 of 6
I
construed. under the laws of the State of Florida. The parties shall attempt in good faith to resolve any
dispute concerning this Agreement through negotiation and/or mediation between authorized
representatives. If these efforts are not successful, and there remains a dispute under this Agreement,
either party may then file an action in the Circuit Court of Seminole County, which shall be the
exclusive venue with respect to any disputes arising out of this Agreement. This Agreement shall
not be construed or characterized as a development agreement under the Florida Local Govemment
Agreement Act.
3.2 Entire Agreement. This Agreement is the entire agreement between the
parties related to the subject matter expressed herein, and supersedes all previous oral and written
representations, agreements and understandings between the parties related thereto. Except as
otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written
consent of the parties hereto or by their successors in interest.
3.3 Effective Date. The effective date of this Agreement (the "Effective
Date ") shall be the date when the last one of the Parties has properly executed this Agreement as
determined by the date set forth immediately below their respective signatures and shall be binding
upon all successors in interest to the parties,
3.4 Notices. Whenever any of the parties desire to give notice to the
other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for
whom it is intended at the place last specified; the place for giving of notice shall remain such
until it is changed by written notice in compliance with the provisions of this paragraph. Until
otherwise designated by amendment to this Agreement, the parties designate the following as the
respective places for giving notice:
For the Owner: Winter Springs Holdings, Inc.
clo IBEW Pension Benefit Fund
900 Seventh Street NW, Suite 1020
Washington, DC 20001
Telephone:
Fax:
With a copy to: Potts - Dupre, Difede & Dawkins, chtd.
Attention: Jim Difede, Esq.
900 Seventh Street, NW, Suite 1020
Washington, DC 20001
Telephone: (202) 223 -0888
Fax: (202) 223 -3868
With a copy to; CS Capital Management
Attention: Brian hove
Paul Saylor
One Overton Park -- Suite 240
3625 Cumberland Boulevard
Atlanta, GA 30339
Future Development Commitment Agreement
City of Water Springs/Winter Springs Holdings, Inc.
Page 3 of 6
r`
Telephone: (770) 818 -4040
Fax: (770) 818 -4041
For the City: City of Winter Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs, FL 32708
Telephone: 407-327-5957
Fax: 407 - 327 -4753
35 Attorneys Fees. Each party shall bear their own attorneys fees regarding the
grading and implementation of this Agreement.
3.6 Speck Performance. If Owner defaults on its. obligations set forth
in Paragraph 2 of this Agreement, the City shall have the right to seek specific performance against
the Owner in order to effectuate the required conveyances of the neighborhood squares and the
City's use of the Property for Spine Road stormwater purposes. In such case, the City shall have the
right to recover prevailing party attorneys fees and costs in the event the City must file an action to
enforce the terms and conditions set forth in Paragraph 2.
3.8 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida, and shall run with the Property.
(SIGNATURE PAGE FOLLOWS]
Future Development Commitment Agreement
City of Winter SpringdVmter Springs Holdings, Inc.
Page 4 o €6
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of November,
2010, by CHARLES LACER, Mayor of the City of Winter Springs, (check one) Miwho is
personally known to me or ❑ who produced as
identification.
14-olary Public
Print Name:
My Commission expires:
oi�"Y n� #ary F UUZ, �'t� aly of Florida
Uanieile darker
MMY Cortrnisslon OD663371
�@',a Fx )ires 04/15/2011
Funme Development Commitment Agreement
City of winter Springs/Winter Springs Holdings, Inc.
Page 5 of 6
? i
IN WTrNESS WHEREOF,
the parties hereto have caused this Agrnt ;to be
executed by their appropriate officials,
as of the date first above written.
WITNESSES:
CTT`Y QF WrN'I'ER SPRIlITG . a9afOa PC eOO 'J
oj'�
"` '
•
By. .
si
( gnature)
ES CE � �r r';
� cit
d 7 }
'�:
(print name)
ATTEST: ®
v/
n
JJ o' -P. 9408 _.
zq
(signature)
drea Lorenzo- Luaces, City Cl
s a
Date:
(print name)
'
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of November,
2010, by CHARLES LACER, Mayor of the City of Winter Springs, (check one) Miwho is
personally known to me or ❑ who produced as
identification.
14-olary Public
Print Name:
My Commission expires:
oi�"Y n� #ary F UUZ, �'t� aly of Florida
Uanieile darker
MMY Cortrnisslon OD663371
�@',a Fx )ires 04/15/2011
Funme Development Commitment Agreement
City of winter Springs/Winter Springs Holdings, Inc.
Page 5 of 6
(print name)
I at e)
(print name)
S 0, FL O DA
CO O SE LE
WINTER SPRINGS HOLDINGS, INC., a
Delaware corporation
Lindell K. Lee, President
Date: %.,.&,sI, ko'. Ito
The foregoing instrument was acknowledged before me this ji`� day of November,
2010, by Lindell K. Lee, President of the Winter Springs Holdings, Inc., a Delaware
corporation, (check one) who is personally known to me or o who produced
as identification.
Future Development Commitment Agreement
City of Winter Springs/Winter Springs Holdings, Inc.
Page 6 of 6
Notary Public Jo Ann Bowen
Print Name: Notary Public, District
of Columbia,
2015'
My Commission expires:
30 A
Future Development Commitment Agreement
City of Winter Springs/Winter Springs Holdings, Inc.
Page 6 of 6
ob
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