HomeMy WebLinkAbout2015 12 02 Public Hearing 501 Ordinance 2015-08PLANNING & ZONING BOARD
AGENDA
ITEM 501
December 2, 2015
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST: The Community Development Department — Planning Division requests that the
Planning & Zoning Board consider: 1) Ordinance 2015 -08, which proposes the rezoning of a 39.81
acre property from GID (Greeneway Interchange District) to PUD (Planned Unit Development), 2)
Development Agreement, and 3) Master Plan for the 39.81 acre property located on the north side of
SR 434, across from the Creeks Run subdivision.
SYNOPSIS: The applicant is requesting to rezone the property from GID to PUD to permit a Mixed
Use development consisting of ten (10) acres of commercial /office uses containing a minimum of
100,000 square feet of commercial /office space at final build out, and approximately 29.81 acres
containing approximately 5.12 acres of wetlands and conservation area and multi - family residential
development consisting of a maximum of 340 apartment units and 20, two (2) story carriage units.
Pursuant to Section 20 -352 of the Code of Ordinances, the PUD zoning district requires the
approval of a Development Agreement and Master Plan between the applicant and the City
Commission.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
• Applicant name and address and authorized representative: George Kramer, applicant. 1615
Edgewater Drive, Suite 180, Orlando, FL 32804. George Kramer, authorized
representative.
• Property owner's name(s): WS Property Holdings, LLC.
• Property addresses: No address issued
• Property Parcel ID number: 31- 20- 31 -5BB- 0000 -0190
• Current FLUM Designations: Mixed Use and Conservation Overlay
December 2, 2015
Planning & Zoning Board Agenda, Item 501
Page 2 of 6
• Current Zoning Designations: GID (Greeneway Interchange District)
• Previously Approved Development permits such as conditional use, waiver, or variance (if
any): None
• Development Agreements (if any): No known Development Agreements
• 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
Policy 1.6.1: Cross Access Easements. Require shared driveways and cross access easements between
adjacent properties where feasible to support efficiency in travel and to reduce demand on arterial and
collector streets. Development projects over ten (10) acres shall have more than one point of access
unless determined infeasible. (Cross Reference: See Multimodal Transportation Element, Policy 1.2.2)
(Ord. 2010 -18; 10- 25 -10)
Policy 1.6.4: High Traffic Count Uses. Encourage land uses that generate high traffic counts to locate
adjacent to arterial roads and mass transit systems.
Policy 1.6.5: On Site Traffic Flow. Require development to provide safe and convenient on site
motorized and nonmotorized traffic flow, adequate pedestrian facilities and connections, and sufficient
parking for both motorized and nonmotorized vehicles.
Policy 1.6.6: Connectivity. Encourage travel between uses and access to transit without requiring the
use of arterial roads by ensuring that existing, new, and future development is connected by roadways,
bikeways, and sidewalks, (Cross Reference: See Multimodal Transportation Element, Policy 1.3.3 and
Recreation and Open Space Element, Policy 1.6.4) (Ord. 2010 -18; 10- 25 -10)
GOAL 4: Mixed Use. The City seeks to promote a Mixed Use category, which provides for a variety
of land uses and intensities within a development site to preserve conservation areas, reduce public
investment in service provision, encourage flexible and creative site design, and provide public
amenities with area -wide benefits.
Objective 4.1: Location. The Mixed Use category shall be located proximate to maj or transportation
corridors as depicted on the City's Future Land Use Map -2030.
Objective 4.2: General Uses and Intensities. Through the enactment of creative and flexible land
development regulations and master planning design standards, permit a variety of mixed uses
consistent, compatible and in harmony with the Mixed Use Goal, including low, medium and high
density residential; commercial (retail and office); light industrial; educational facilities; recreational
facilities; and compatible public facilities.
December 2, 2015
Planning & Zoning Board Agenda, Item 501
Page 3 of 6
Policy 4.2.1: Percentage of Various Uses. Require as part of the master planning process, an
appropriate set of uses and distribution of uses to be established unique to each development that will
allow no more than seventy -five percent (75 %) of any one type of land use to dominate the Mixed Use
category.
Policy 4.2.2: Minimum Acreage. Require a minimum of ten (10) acres for development in the Mixed
Use category.
Policy 4.2.4: Master Plan and Development Agreement. Require a Master Plan, Development
Agreement, and Planned Unit Development Zoning unique to each development, to ensure that tracts
of land are developed as a whole throughout the Mixed Use category, to provide continuity among the
various land uses, and to create a compact and walkable environment.
Policy 4.2.5: Transition to Adjacent Uses. Require transitional uses and stepped down building heights
to protect adjacent lower intensity and density uses.
Policy 4.2.6: Connectivity. Ensure that existing, new, and future development is connected by
roadways, bikeways, and /or pedestrian ways that encourage travel between uses and access to transit
without requiring the use of the arterial road.
City of Winter Springs Comprehensive Plan - Housing Element
GOAL 1: PROVISION OF HOUSING. To ensure an adequate supply of a wide range of housing
types, at various levels of affordability, to accommodate the needs of the residents of Winter Springs.
Winter Springs City Code of Ordinances - Chapter 20, Article IV - Planned Unit Developments
DISCUSSION:
The Greeneway Interchange Future Land Use designation was adopted by the City Commission on
August 16, 1999. In September 2004, ICI Homes initiated a Large Scale Future Land Use Map
Amendment on the subject property to change the future land use designation from "Greeneway
Interchange District" to "Mixed Use." The Future Land Use Amendment was approved by the City
Commission on January 24, 2005 via Ordinance 2004 -38. ICI Homes requested and was ultimately
granted the change in future land use designations as they proposed the development of a gated 480
unit residential condominium and 80,000 square feet of Class A office use on the property. The staff
report that was presented with the second reading of Ordinance 2004 -3 8 noted the following: "City will
require a Master Plan Development Agreement and PUD zoning to ensure that tracts of land are
developed as a whole throughout the Mixed Use' category in accordance with Future Land Use
Element, Policy 4.2.4." The staff report also referenced the request for 480 proposed residential
condominiums and 80,000 square feet of office. The City Commission approved Ordinance 2004 -38,
which changed the Future Land Use designation for the subject property from "Greeneway Interchange
District" to "Mixed Use and "Conservation" based on a proposed development program. As a result of
the economic downturn of the mid 2000's, the rezoning to PUD has been delayed since 2005. Due to
this delay, the requisite development permit approvals were never obtained for the property. Because
the property was never rezoned to PUD (Planned Unit Development) it has retained a GID (Greeneway
December 2, 2015
Planning & Zoning Board Agenda, Item 501
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Interchange District) zoning designation, which is inconsistent with the adopted future land use
designation.
In an effort to correct this inconsistency, the City initiated a Future Land Map Amendment to change
the future land use designation of the subject property from "Mixed Use" back to "Greeneway
Interchange District." This request was approved by the Planning & Zoning Board/Local Planning
Agency on November 7, 2012, but was not presented to the City Commission for final approval
pending on -going negotiations with the property owner.
In 2015, the property owner submitted an application which petitions the City to rezone the subject
property from GID (Greeneway Interchange District) to PUD (Planned Unit Development), and to
retain the "Mixed Use" future land use designation. The request to rezone the property to PUD is to
permit approval of a Master Plan and Development Agreementwhich details the future development
of a ten (10) acre commercial /office tract with a minimum of 100,000 square feet of
commercial /office uses, and a 29.81 acre tract containing approximately 5.12 acres of wetlands and
conservation area and multi - family residential development consisting of a maximum of 340
apartment units and 20, two (2) story carriage home units. Pursuant to Section 20 -3 52 of the Code of
Ordinances, the PUD zoning district requires the approval of a Development Agreement and Master
Plan between the applicant and the City Commission. The Master Plan proposes a mix of four (4)
story apartment buildings and two (2) story attached carriage home units that will be located on the
northern portion of the property that is noted as "Parcel A" on the Master Plan. A 5.12 acre
conservation /wetland area exists in the northwest corner of the multi - family portion of the site. The
apartment units and carriage home units will be constructed in the upland portion of the property,
and no development will occur in the wetland area in accordance with the requirements of the
Comprehensive Plan. The southern portion of the property is noted on the Master Plan as "Parcel B"
is 10 acres in area and is reserved for a minimum of 100,000 square feet of commercial /office uses.
The main point of vehicular access to the site and proj ect entrance will be via State Road 434 from a
full access point which will be signalized when warranted. An entry road will lead into the
commercial /office portion of the site which will transition into a roundabout that will be constructed
to allow safe traffic flow leading into the multi - family portion of the site. The entry road will
terminate at the parking area for the clubhouse. Four carriage home unit buildings will line the
portion of the entry road leading into the multi - family portion of the development. Access to the
remainder of the carriage home units and the apartment units will be via the proj ect entrance. Cross
access will be provided from the site into the properties to the east that are currently zoned GID, thus
limiting the amount of traffic utilizing SR 434 at such time the properties to the east develop. A
secondary point of access will be provided from SR 434, along the eastern boundary of the subject
property, which will be a right -in /right -out. Surface parking will be provided on site for both the
commercial tract and the multi - family tract.
Pursuant to the terms of the Development Agreement, the main vehicular point of access leading into
the site from SR 434 and project entrance will be designed, permitted, and constructed as a future
traffic controlled signalized intersection subject Florida Department of Transportation (FDOT)
permitting requirements. At such time transportation impact fees are required to be paid to the City
by the owner for the initial phase of the project, the owner shall pay the City a supplemental traffic
impact fee payment in the amount of $350,000.00 to cover the projected future cost of the
December 2, 2015
Planning & Zoning Board Agenda, Item 501
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signalization project. The City will commit to design, permit and construct the signalization project
at such time the City and FDOT determine the signalization proj ect is warranted. If it is determined,
one year subsequent to build out of Parcel "A" and Parcel "B" by FDOT, that a traffic signal is not
warranted, the City shall refund the supplemental transportation impact fee to the owner.
A wet detention pond is proposed in the middle portion of the multi - family tract that will serve the
entire development. This pond will be utilized as an amenity, with two fountains shown on the
Master Plan. Additionally, a walking /jogging trail is proposed for constructed around the perimeter
of the pond. Benches will be provided in areas around the retention pond. According to the Master
Plan, the trail will be connected into the commercial /office portion of the site. In accordance with the
Mixed Use provisions of the Comprehensive Plan, the site will be fully integrated with
interconnectivity being provided between the commercial /office and multi - family residential areas of
the site. Pursuant to the Comprehensive Plan and the PUD code requirements, the multi - family
portion of the site will not be gated.
The applicant is proposing exterior amenities such as a swimming pool, and a clubhouse building
that is located at the northern terminus of the entry road leading into the development. The clubhouse
will overlook the proposed wet detention area. Additional amenities will be provided within the
clubhouse. Preliminary architectural elevations have been submitted that propose a muted, but varied
color scheme. The elevations for the multi - family portion of the site propose two story carriage home
units and four story apartment buildings that are reflective of the architectural styles characteristic to
Winter Springs. The applicant will be required to obtain final approval of the architectural elevations
from the City Commission through the Aesthetic Review process.
The proposed Development Agreement permits the following uses on Parcel "A ": 1) Four story
apartment buildings with garages, 2) Two story attached carriage home units with tuck under garages,
3) Garage accessory structures, 4) Private open space and recreation facilities that serve the on -site
development, 5) Stormwater ponds that serve the entire development, 6) 5.12 acre conservation area,
and, 7) Home occupations authorized by City Code.
Pursuant to the terms of the Development Agreement, a maximum of 340 apartment units are
permitted to be constructed on Parcel "A ". Of the 340 units, a maximum of 125 may be one bedroom,
one bathroom or studio units, and a minimum of 215 units may be two or three bedroom, two
bathrooms. The minimum size apartment shall be no less than 629 square feet of living space under air
and the maximum size apartment shall be no greater than 1,310 square feet under air. The average size
of all units shall be no less than 1,012 square feet of living space under air. Additionally, a total of ten,
two story carriage unit buildings with a total of 20 separate and independent carriage unit, with each
carriage unit constituting of one apartment unit will be permitted to be constructed. The minimum size
carriage unit shall be no less than 720 square feet of living space under air, not including the garage.
The Development Agreement allows all permitted uses in the GreeneWay Interchange District on
Parcel "B ", which includes but is not limited to the following: 1) Commercial including hotel and
convention center, 2) A maximum of one restaurant with table side food and beverage service and no
drive- through, with or without on -site alcoholic beverage consumption, and 3) General office
development (from single tenant to corporate office park, including medical and dental clinics and
laboratories, banks /financial institutions, and similar uses).
December 2, 2015
Planning & Zoning Board Agenda, Item 501
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Additionally, the proposed Development Agreement requires the development of Parcel "B" to adhere
to the standards noted in the State Road 434 Corridor Vision Plan. The proposed Development
Agreement requires the existing billboard located adjacent to SR 434 to be removed at such time
development on Parcel "A" or Parcel "B" commences.
On May 19, 2015, and November 17, 2015, community meetings were held at City Hall 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
proj ect.
The applicant will be required to obtain City Commission approval of Final Engineering Plans and an
Aesthetic Review prior to construction of the project.
FISCAL IMPACT: Development of the property will provide an increase in taxable value to the
City. A preliminary fiscal analysis report is attached.
COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded
to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and
the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager;
and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media /press
representatives, all Homeowner's Associations on file with the City, all individuals who have
requested Agenda information, Department Directors; and also posted outside City Hall; posted inside
City Hall with additional copies available for the general public.
A community meeting was held with representatives of the applicant and the developer on May 19,
2015, and November 17, 2015 to solicit input and answer questions in regards to this project.
Additionally, the property has been posted with a large yellow sign noting the date and time of the
public hearing. The PUD rezoning ordinance was advertised in the Orlando Sentinel on November 22,
2015.
STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board forward a recommendation of approval to the City
Commission for: 1) Ordinance 2015 -08, which proposes the rezoning of a 39.81 acre property from
GID (Greeneway Interchange District) to PUD (Planned Unit Development), 2) Development
Agreement, and 3) Master Plan for the 39.81 acre property located on the north side of SR 434, north
of the Creeks Run subdivision.
ATTACHMENTS:
A. Ordinance 2015 -08
B. Development Agreement
C. PUD Master Plan
D. Preliminary Fiscal Impact Analysis model
E. Community meeting sign -in sheets - May 19, 2015, November 17, 2015
F. Advertisement, Orlando Sentinel - November 22, 2015
Attachment "A"
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, CHANGING THE ZONING MAP
DESIGNATION OF ONE (1) PARCEL OF LAND
COMPRISING APPROXIMATELY 39.810 GROSS ACRES,
MORE OR LESS, AND GENERALLY LOCATED ON THE
NORTH SIDE OF STATE ROAD 434 AND EAST OF
MICHAEL BLAKE BOULEVARD AND WEST OF SPRING
AVENUE, WINTER SPRINGS, FLORIDA; SAID PARCEL
BEING MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED HEREIN; CHANGING THE
ZONING DESIGNATION OF THE PARCEL FROM CITY
OF WINTER SPRINGS "GREENEWAY INTERCHANGE
DISTRICT" TO WINTER SPRINGS "PLANNED UNIT
DEVELOPMENT (PUD)"; PROVIDING FOR THE
ADOPTION OF A CORRESPONDING AND REQUIRED
DEVELOPMENT AGREEMENT ESTABLISHING THE
DEVELOPMENT AND ZONING REQUIREMENTS FOR
THE SUBJECT PROPERTY; PROVIDING FOR THE
ADOPTION OF A CORRESPONDING AND REQUIRED
MASTER PLAN ESTABLISHING THE GENERAL SITE
LAYOUT FOR THE FUTURE DEVELOPMENT OF THE
SUBJECT PROPERTY; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article
VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, this Ordinance is adopted in accordance with the Planned Unit
Development procedures and requirements set forth in Section 20 -351 et. seq. of the Winter
Springs City Code; and
City of Winter Springs
Ordinance No.
1
WHEREAS, pursuant to Section 20 -356 of the Winter Springs City Code, upon adoption
of this Ordinance and the Ordinance becoming effective, the PUD zoning authorized by this
Ordinance for the subject property shall be considered a separate zoning district in which the
attached development agreement and master plan shall be deemed to have established the
restrictions, regulations, general site layout and district description according to which the
subject property shall be developed; and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
has recommended approval of this Ordinance at their December--, 2015 meeting; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed
public hearing on the proposed zoning change set forth hereunder and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and
supporting data and analysis, and after complete deliberation, hereby finds the requested change
consistent with the City of Winter Springs Comprehensive Plan, particularly the Mixed Use
Future Land Use Map designation, and that sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
Winter Springs, as described in City of Winter Springs Code Section 20 -31, is hereby amended
to classify the property legally described as:
THE WEST 1080 FEET OF LOT 14 AND THE WEST 1080 FEET OF THAT PART
OF LOT 21 LYING NORTH OF THE SANFORD- OVIEDO ROAD (NOW DESIGNATED AS
S.R. 434, FORMERLY S.R. 419), ALL A PART OF PHILLIP R. YOUNG GRANT ON LAKE
JESSUP IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST ACCORDING TO PLAT
BOOK 1, PAGE 35,36 AND 37, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
CONTAINING 1,734,132 SQUARE FEET OR 39.810 ACRES MORE OR LESS.
City of Winter Springs
Ordinance No.
2
from City of Winter Springs "Greeneway Interchange Zoning District" to Winter Springs
"Planned Development Zoning District (PUD)."
Section 3. Development Agreement and Master Plan. Pursuant to Section
20 -351 et. seq. of the Winter Springs City Code, the Development Agreement, Master Plan and
related other exhibits attached to this Ordinance as composite Exhibit 111" are hereby fully
incorporated herein by this reference and shall hereby constitute the zoning and development
restrictions, regulations, general site layout and district description according to which the
subject property shall be developed.
Section 4. Recordation. City staff is hereby directed to promptly amend the City's
Official Zoning Map upon the effective date of this Ordinance to reflect that the subject property
is zoned Planned Development District (PUD). Said Map shall also specifically reference this
Ordinance number. In addition, upon adoption and full execution of this Ordinance by the City
Commission, the City Attorney is hereby directed to record this executed Ordinance and
Development Agreement in the Official Records of Seminole County, Florida. This Ordinance
shall run with the land, but shall be subject to amendment and /or repeal by the City Commission
in accordance with the police and zoning powers vested in the City Commission in accordance
with law.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
being adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to
the City Charter, provided the owner of the subject property has consented to the terms and
conditions of the Development Agreement attached to this Ordinance by fully executing said
agreement. If said agreement is not executed within thirty (30) days of the City Commission's
adoption of this Ordinance, the Ordinance shall be deemed null and void.
[Adoption Page Follows]
City of Winter Springs
Ordinance No.
3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this day of ....2016.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo - Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Ordinance No.
4
EXHIBIT "1"
City of Winter Springs
PUD Rezoning Ordinance No.
DEVELOPMENT AGREEMENT AND MASTER PLAN
City of Winter Springs
Ordinance No.
Attachment "B"
CITY OF WINTER SPRINGS
PUD DEVELOPER'S AGREEMENT
(PUD ZONING ORDINANCE NO.
THIS PUD DEVELOPER'S AGREEMENT (this "Agreement) is made and
entered into this day of , 2015, by and between WS Property Holdings, LLC,
a Florida limited company ( "OWNER "), and the City of Winter Springs, a municipal
corporation existing under the laws of the State of Florida (the "CITY ").
RECITALS:
A. OWNER is the owner of certain real property located within the City of
Winter Springs, and on such property it intends to develop a mixed -use development
project and related amenities, which real property is more particularly and legally
described on EXHIBIT "A" attached hereto and by this reference incorporated herein
(the "Property).
B. The Property has a future land use designation of "Mixed Use" under the
City's Comprehensive Plan ( "Comprehensive Plan ") and is subject to the requirements of
Future Land Use Element, Goal 4 (and related Objectives and Policies) of the
Comprehensive Plan.
C. Future Land Use Element, Policy 4.2.4, more specifically provides that a
mixed use designated property within the City is required to have a master plan,
development agreement, and Planned Unit Development (PUD) zoning classification
unique to each development, to ensure that tracts of land are developed as a whole
throughout the mixed use category, to provide continuity among the various land uses,
and to create a compact and walkable environment.
D. The City's PUD zoning requirements are governed by Section 20 -351, et.
seq. of the City Code, and in accordance with these code provisions, OWNER is required
to negotiate and seek approval from the City of a development agreement and a master
plan as a condition of the PUD zoning classification.
E. This Agreement and the attached master plan and other attachments hereto
have been negotiated and agreed to, in accordance with the requirements of Goal 4 (and
related Objectives and Policies) under the Comprehensive Plan, as well as Section 20 -351
et. seq., for purposes of implementing the mixed use future land use designation and
permitting and constructing the development project on the Property, which is more fully
described in this Agreement.
F. Upon approval of the PUD zoning ordinance and the required
development agreement and master plan, it is the intent that the PUD zoning designation,
development agreement, and master plan will govern the future development of the
Property, along with other generally applicable provisions of the City's Comprehensive
Plan and City Code.
1
G. In accordance with Section 20- 354(4) of the City Code, the City
conducted a publicly noticed community meeting on , . at which
the public was afforded an opportunity to review the proposed development project as set
forth in the master plan and this Agreement.
H. In accordance with Section 20- 354(5) of the City Code, the City's
Planning & Zoning Board held an advertised public meeting on to
consider the change of zoning on the Property to PUD, the attached master plan, and this
Agreement and recommended approval of the same to the City Commission.
I. As required by Section 20- 354(6) of the City Code, the City Commission
held two advertised public hearings, on and
to consider the recommendations of the Planning & Zoning
Board and City staff, and after hearing and considering testimony and factual information
submitted by the OWNER and members of the public, approved the PUD zoning
Ordinance No. 2015- , the master plan described in Section 2(b) below, and this
Agreement
J. The City Commission hereby finds that this Agreement is consistent with
the CITY'S Comprehensive Plan and City Code, and that the terms, conditions,
restrictions, and requirements set forth herein have been adopted as a condition of the
corresponding PUD zoning Ordinance No. 2015- adopted by the City Commission
on . and therefore, such terms, conditions, restrictions, and requirements
shall constitute a development order having the same force and effect of a duly adopted
zoning regulation.
K. The OWNER hereby consents to, and agrees the Property shall be bound
by, the terms, conditions, restrictions, and requirements of Ordinance No. 2015 -
and this Agreement.
NOW THEREFORE, in consideration of the terms and conditions set forth in
this agreement, and as required by the City's Comprehensive Plan and Ordinances for a
Mixed Use /PUD development project, the CITY and OWNER agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and
correct and are fully incorporated herein by reference as a material part of this
Agreement.
2. DEVELOPMENT STANDARDS. The following development standards
shall apply to the Property and shall be deemed incorporated into the PUD zoning
designation approved for the Property for purposes of controlling the future development
of the Property:
(a) Intent and Purpose: The intent and purpose of this Agreement is to
require the Property to be developed in accordance with development standards which are
unique to the Property, as specifically set forth herein and the Master Plan. The Property
shall be developed with a mix of commercial, multi - family residential, and conservation
land uses which are specifically listed in the base development program. In addition, the
2
land uses allowed on the Property shall be integrated and developed as a whole to provide
continuity, to create a compact and walkable environment, and to preserve conservation
areas. Further, the Property shall be developed to provide a compatible transition to and
connectivity with adjacent existing and future land uses, particularly the future
Greeneway Interchange District located along the eastern boundary of the Property.
(b) Master Plan: The Property shall be developed as a mixed use
project in furtherance of this Agreement and the Master Plan depicted on EXHIBIT "B"
attached hereto and incorporated herein by this reference ( "Project "). The Master Plan is
intended to be the general blueprint which details key aspects of the future physical
development of the Property. The Master Plan shall also serve as a necessary guide for
future permit applications and permitting. OWNER shall have the obligation to further
submit and obtain the CITY's approval of a final site plan and final engineering plans
( "Final Engineering Plans ") consistent with the Master Plan in all material respects and in
compliance with the City Code, with the single exception of the location and footprint of
the depicted commercial buildings. The commercial buildings are intended to be for
illustrative purposes only and may be modified during the final engineering process so
long as the buildings comply with the development standards set forth in this Agreement
including, but not limited to, the minimum and maximum intensity requirements set forth
in subparagraph (c)(ii). OWNER acknowledges and agrees that the Master Plan was not
created with specific surveyed dimensions and that during the Final Engineering Plan
process such dimensions shall be surveyed, duly engineered, and provided to the CITY
for consideration under applicable City Codes. The Master Plan shall be subject to
reasonable adjustments at the Final Engineering Plan phase in order to bring the Project
into full compliance with the City Code, and as a result, the exact location, layout and
dimensions of the Parcels, buildings, landscaping, rights -of -way and trails, the traffic
control signal and mast arm, recreational amenities, and stormwater areas may vary
slightly between Master Plan approval and approval of the Final Engineering Plans.
These changes shall be allowed as long as the changes are consistent with the
development standards noted in this Agreement and preserve the general character of the
development shown on the Master Plan.
(c) Base Developznent Prog am: The Property shall be developed as
Parcel A (Multi - Family Residential, Conservation) and Parcel B (Commercial /Office)
upon the CITY's approval of the final plat required by Section 3 of this Agreement. The
following development standards shall govern the Property:
(i) Parcel A. The size of Parcel A shall be configured and
legally described to be +/- 29.81 acres, and shall constitute +/- 75% of the development
of the Property. The permissible land uses and maximum density and intensity allowed
on Parcel A are as follows:
Luxury Apartment Units. Parcel A shall consist of a maximum of
340 residential multi - family dwelling units consisting of a mix of studio, one, two, and
three bedroom luxury apartments. The minimum size apartment unit shall be no less than
629 square feet of living space under air and the maximum size apartment shall be no
greater than 1,310 square feet under air. The average square footage of all of the units
shall be no less than 1,012 square feet of living space under air. Garage and common area
3
space shall not be included in the calculation of unit square footage required by this
Agreement. The mix of luxury apartment unit types and their corresponding unit size
range shall be as follows:
Number of Apartment Units
125 (maximum)
215 (minimum)
340 maximum total units
Type of Unit
lbd lba or studio
2 /3bd 2ba
Area of Unit (SF)
629 - 900 (range)
1080 - 1310 (range)
In the event that OWNER constructs less than 340 units, no more than thirty -five percent
(35 %) of the total number of units shall be one bedroom or studio apartments and the
remaining units will consist of two and three bedroom apartments.
The luxury apartment units shall be constructed within three
different building types as generally depicted on the building elevations plan set forth on
EXHIBIT "C" which is attached hereto and incorporated herein by this reference.
Several of the four story apartment buildings shall also include "tuck under garage units"
on the ground floor. The building types shall be located as generally depicted on the
Master Plan in order to provide a sense of aesthetic variation. However, the elevations,
roof lines, and architectural features depicted on EXHIBIT "C" for the apartment
buildings may have to be adjusted during the CITY'S final review and approval
procedures to satisfy the requirements of the City Code.
Carria -ae Units. Parcel A shall also consist of 10, two story
carriage unit buildings with a total of 20 separate and independent carriage units, with
each carriage unit constituting one (1) luxury apartment unit. Each carriage unit building
shall consist of two independent luxury one bedroom, one bath apartment units with four
attached garages. The minimum size carriage unit shall be no less than 720 square feet of
living space under air, not including the garage or common area space. One (1) garage
shall be leased with each independent carriage unit, and remaining garages shall be
required to be leased or assigned to tenants residing in one of the 340 luxury apartment
units. The carriage units shall be constructed within a carriage unit building generally
depicted on the building elevation plan set forth on EXHIBIT "D" which is attached
hereto and incorporated herein by this reference. However, the elevations, roof lines, and
architectural features depicted on EXHIBIT "D" for the carriage unit buildings may
have to be adjusted during the CITY'S final review and approval procedures to satisfy the
requirements of the City Code.
Accessa Gars a Structures. Parcel A shall further consist of 15
one story, garage accessory structures. Each garage structure shall be fully enclosed and
include between 4 to 6 independent vehicle parking bays which shall be required to be
leased or assigned to tenants residing in one of the 340 luxury apartment units. Any other
use of the garage accessory structures shall be prohibited. The accessory garage
El
structures shall be constructed as generally depicted on the building elevation plan set
forth on EXHIBIT "E" which is attached hereto and incorporated herein by this
reference. However, the elevations, roof lines, and architectural features depicted on
EXHIBIT "E" for the accessory garage
CITY'S final review and approval proc
Code.
structures may have to be adjusted during the
dures to satisfy the requirements of the City
Other Permitted Uses. The following land uses shall also be
allowed on Parcel A: private open space and recreation facilities and public utilities that
serve the on -site development, including but not necessarily limited to a clubhouse,
leasing center, trash compactor, maintenance building, dog park, tot lot, and other
ancillary uses commonly associated with a first class apartment development; a master
stormwater pond(s) that service Parcels A and B; conservation area; and home
occupations authorized by City Code.
Prohibited Uses. All land uses not expressly authorized hereunder
shall be strictly prohibited on Parcel A.
(ii) Parcel B The size of Parcel B shall be configured and
legally described to be no less than 10 acres and shall constitute +/- 25% of the
development of the Property. A minimum of 100,000 square feet of commercial /office
space at final build out shall be required to be constructed on Parcel B. The allowed land
uses and the maximum density and intensity on Parcel B are as follows:
Commercial62 ice Uses Onl . The following permissible
commercial /office land uses are allowed on Parcel B:
■ Aeronautics and Aerospace Research and Development Facilities
• Alternative Energy Research and Development
■ Architectural, Engineering, Legal, and Planning Services
• Biotechnical Research and Development
■ Business Schools and Computer Management Training
• Computer and Electronic Product Research and Development
■ Computer Systems Design and Related Services
■ Computer Animation and Simulation
■ Hotels and Convention Center
• Corporate Office /Business Park Development
■ Data Centers and Data Warehousing
• Diagnostic Laboratories
• Fuel Cell Research and Development
■ General office development (from single tenant to corporate office
park, including medical and dental clinics and laboratories)
■ Banking and financial institutions such as mortgage companies and
investment brokers and consultants regulated by the Securities and
Exchange Commission
• Hydraulics and Robotic Research and Development
• Information Technology Companies
5
• Medical Laboratories
• Nanotech Research and Development
• Pharmaceutical and Medical Research Development
• A maximum of one (1) restaurant with table side food and
beverage service and no drive- through, with or without on -site
alcoholic beverage consumption
• Small deli -style restaurants as an accessory use to an office
building, provided such restaurant is located within the office
building.
• Scientific Research and Development
+ Software Development and Programming
+ Major Professional and Amateur Sports Corporate Offices
+ Communications Research and Development Complex or Office
+ Trade Schools and Universities Supporting Target Industries
• Other target industries approved by the City Commission and not
listed as a permitted use, provided the City Commission
determines the other target industry will have a projected
significant positive economic and fiscal impact that will optimize
and diversify the City's economic tax base consistent with the
policies established by the City Commission in the City's
Comprehensive Plan and /or Economic Development Plan.
Other Permitted Uses. The following land uses shall also be
allowed on Parcel B: public utilities that serve the on -site development.
Conditional Uses. The following conditional uses may be
permitted upon approval by the City Commission in accordance with the standard
procedures and criteria for conditional use permits set forth in the City Code:
A building floor area ratio (FAR) in excess of 1.0, but no greater
than 2.0
Additional restaurants in excess of the one restaurant allowed as a
permissible use with table side food and beverage service and no
drive - through, with or without on -site alcoholic beverage
consumption.
A restaurant with drive - through or no tableside food and beverage
service, with or without alcoholic on -site beverage consumption
Prohibited Uses. All land uses not expressly authorized hereunder
shall be strictly prohibited on Parcel B.
(d) Phased Development Project. It is anticipated that the Project will
be developed in phases, with Parcel A being developed in the first phase. The entire
Project will be platted at one time, and all required right of way for public streets and
other public infrastructure necessary for the development of each phase shall be dedicated
at plat. The public streets, sidewalks, master stormwater pond and related public
infrastructure necessary for the development of each phase shall be designed, permitted,
6
and completed in conjunction with the applicable phase of development as more
particularly described herein. In the event Seminole County Department of Public Safety
requires secondary emergency access to Parcel A, Owner shall construct an access road
to Parcel A in connection with the development of Parcel A.
(e) Removal of Existing Billboard: Pursuant to section 16 -77 (e)(2),
the existing billboard shall be permanently removed at such time development on Parcel
A or Parcel B commences. In addition, the existing silviculture activities on the Property
shall permanently cease at such time development on Parcel A or Parcel B commences.
(f) Minimum Building and Lot Standards: The following additional
minimum development standards shall apply to the Property:
Parcel A 4 Story Luxury Apartment Buildings)
Building Height (max
4 stories
Building Setbacks Front
10'
Side
5'
Side Corner
25'
Rear
10'
From Property Line
5' 15' from street side)
From Wetland
15' minimum, 25' average
(1) Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural
features may be erected to a height greater than any limit prescribed in this Agreement,
provided each feature does not exceed 600 square feet in area and does not extend more
than 30 feet above the designated height limits noted in this Agreement. Building height
is measured as the vertical distance from the lowest point on the tallest side of the
structure to the top of the cornice, eave, or similar architectural feature.
(2) Setbacks shall be taken from the paved surface areas of the adjacent parking lot(s).
Roof overhangs shall be allowed to encroach into the setback for up to 2 feet, but in no
event shall they encroach into a utility easement. An exception to the 10' front set back
from the paved surface of the adjacent parking lot may be approved by the City for the
buildings with first floor "tuck under" garages, if the OWNER demonstrates that the
exception is reasonably necessary during final engineering.
Parcel A 2 Story Luxua Carriage Units and Accessory Garage Structures
Building Height (max)
2 stories
Building Setbacks Front
10'
Side
5'
Side Corner
15'
Rear
10'
From Property Line
5' 15' from street side
From Wetland
15' minimum, 25' average
(1) Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural
features may be erected to a height greater than any limit prescribed in this Agreement,
7
provided each feature does not exceed 600 square feet in area and does not extend more
than 30 feet above the designated height limits noted in this Agreement. Building height
is measured as the vertical distance from the lowest point on the tallest side of the
structure to the top of the cornice, eave, or similar architectural feature.
(Z) Roof overhangs shall be allowed to encroach into the setback for up to 2 feet, but in no
event shall they encroach into a utility easement. Open porches are allowed to encroach
up to ten (10) feet into the front setback.
(3) Accessory garage structures may be one (1) story.
Parcel B
(Commercial/Office
East Site
West Site
Lot Size, Width and Depth
NA
NA
Building Height
2 stories minimum
5 stories maximum
2 stories minimum ;
5 stories maximum
Setbacks from: SR 434 — for
commercial property
100' maximum,
0' minimum
100' maximum,
0' minimum
Entrance Boulevard
10' min.
10' min.
Side
5' min.
5' min.
Rear
5' min.
5' min.
(1) Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural
features may be erected to a height greater than any limit prescribed in this Agreement,
provided each feature does not exceed 600 square feet in area and does not extend more
than 30 feet above the designated height limits notes in this Agreement. Building height
is measured as the vertical distance from the lowest point on the tallest side of the
structure to the top of the cornice, eave, or similar architectural feature.
(Z) Only one bay of parking will be allowed in front of the building along SR 434, but it is
encouraged to have building frontages setback to the right -of -way line of SR 434 in
accordance with the intent of the SR 434 Corridor Vision Plan design standards with no
parking in front of the buildings. A minimum of seventy -five percent (75 %) of the
building fagade must be within the 100' maximum setback from SR 434.
(3) One story buildings may be allowed if constructed for and occupied by a standalone
restaurant permitted under this Agreement.
(g) Impervious Surface Area: The maximum impervious surface area
on the Property, excluding the required conservation area depicted on the Master Plan
( +/- 5.12 acres), shall be as follows:
(i) Parcel A: 75% maximum.
(ii) Parcel B: 75% maximum.
(h) Common Open Space: At least 25% min. of the entire site less the
required conservation area depicted on the Master Plan (Parcels A and B together) shall
be open space. Open space includes pervious surfaces, stormwater ponds, landscape or
natural areas, and recreation areas. Open space does not include the required conservation
area depicted on the Master Plan ( +/- 5.12 acres).
(i) Streets and Sidewalks /Trail Network, Roundabout Feature: The
OWNER shall be required, at OWNER's expense, to design, permit and construct all
required streets and sidewalks /trail network for the Project, as generally depicted on the
Master Plan, in accordance with all applicable City specifications and as follows:
(i) Construction of the public street depicted on Parcel B of the
Master Plan from State Road 434 to and including the roundabout and the related right -
turn lane depicted on the Master Plan along State Road 434 shall be constructed in
conjunction with the first phase of the Project. The public collector street from the
roundabout eastward to the eastern most boundary of Parcel B shall be constructed upon
commencement of construction of any portion of the second phase of the Project. The
State Road 434 public access street along the eastern boundary from State Road 434 to
the public collector street and the related right -turn depicted on the Master Plan along
S.R. 434 shall also be constructed upon commencement of construction of any portion of
the second phase of the Project. Notwithstanding the foregoing, in the event Seminole
County Department of Public Safety requires secondary emergency access to Parcel A,
Owner shall construct a stabilized base secondary emergency access road along the
eastern boundary from State Road 434 to Parcel A in connection with the development of
the first phase of the Project.
(ii) The public streets and all public roadway, sidewalk,
hardscape, brick pavers (if any), and landscape improvements thereon shall be conveyed
to the City at such time the streets and improvements are fully constructed by the
OWNER and accepted by the CITY. OWNER shall be required to maintain, at its
OWNER'S expense, all enhanced hardscape in accordance with the agreement required
by Section 5 hereunder. However, upon conveyance, the CITY will be responsible for
maintaining the routine and standard public street improvements which are normally
maintained by the CITY which includes roadway pavement, sidewalks, curb, gutter,
traffic signs, and striping.
(iii) The right -turn lanes and all public roadway improvements
thereon shall be conveyed to the Florida Department of Transportation, at such time the
right -turn lanes and roadway improvements are permitted and fully constructed by
OWNER and accepted by the the Florida Department of Transportation.
(iv) All sidewalks in right of way shall be a minimum of six
feet (6 ft) in width, and a minimum of five feet (5 ft) within each phase.
(v) Decorative street lights and signage shall be required on all
public streets constructed on the Property. The decorative street lights and signage will be
maintained by the OWNER, and OWNER shall be responsible for the cost differential
between maintaining standard street lights and signs and the decorative street lighting and
design requirements of the City, in accordance with the agreement required by Section 5
hereunder.
9
(vi) The public streets and roundabout shall be landscaped and
irrigated in accordance with the terms and conditions set forth in the Final Engineering
Plans. OWNER shall be required to maintain, at OWNER's expense, all landscaping
(including irrigation infrastructure and water consumption) in accordance with the
landscaping maintenance standards established by the City for the beautification of
rights -of -way, and shall be responsible for promptly replacing dead, diseased, or
dangerous landscaping back to its original permitted condition or alternative condition
approved by the CITY.
(vii) The roundabout is not only intended to be a traffic control
feature, but it also intended to represent a sense of place demonstrating the unique
character of the Project. Subject to the approval of the CITY, the OWNER shall design,
permit, and construct the roundabout to have a radius subject to the approved of the City
Engineer and incorporate urban design features which may include welcome signs,
decorative plantings, fountains, decorative lighting, seasonal banners, artwork, and
decorative paving. The roundabout design features will be maintained by the OWNER, at
OWNER's expense, in accordance with the agreement required by Section 5 hereunder.
0) Stormwater Manama: OWNER shall be required to design,
permit, construct, and maintain a master stormwater pond and related facilities to provide
stormwater retention and treatment for the entire Project including, but not limited to,
Parcel A, Parcel B, and the public streets and sidewalks. The stormwater pond shall be
generally located and in a shape as depicted on the Master Plan. The stormwater pond
and related facilities will be permitted to meet the standards of the St. Johns River Water
Management District, the Army Corps of Engineers (ACOE), and the City of Winter
Springs. The stormwater pond shall be incorporated into the Project as a recreational
amenity with a Federal Housing Administration (FHA) compliant stabilized natural
surface walking trail circumventing the outer perimeter of the pond. In addition, the
OWNER shall install several quality benches to serve as sitting area overlooking the
pond. Further, the OWNER shall install a minimum of two lighted, water fountain
features within the pond, which shall be subject to approval by the CITY as part of the
Final Engineering Plans.
(k) Perimeter Walls: Subject to permitting requirements and prior
CITY approval, a low retaining wall may be constructed along the east boundary of
Parcel A if necessary to allow for the placement of fill material.
(1) Sims: Signs shall be designed and permitted in accordance with
Chapter 16 — Sign and Advertising, of the City of Winter Springs Code of Ordinances
( "Sign Code "). There shall be a maximum of four (4) entrance monument signs located
on the Property in locations as generally depicted on the Master Plan. The display ground
signage for the luxury apartments and carriage homes on Parcel A and all future
commercial uses and businesses on Parcel B shall be integrated into the monument signs.
No additional monument signage shall be allowed on the Property. However, other on-
premises signage may be approved by the CITY if allowed under the Sign Code.
(m) State Road 434 Traffic Signalization. The main entrance to the
Project across from the entrance of the Creeks Run Subdivision on the south side of State
10
Road 434 shall be designed, permitted and constructed as a future traffic controlled
signalized intersection subject to FDOT permitting requirements. OWNER acknowledges
and agrees that prior to the time the initial phase of the Project on Parcel A is built -out,
the intersection may warrant a traffic control signal and mast arms on State Road 434 to
accommodate the traffic demands generated by the Project ( "Signalization Project "). The
design of the Signalization Project shall comply with all applicable City and State
regulations, and the following additional requirements shall also apply:
(i) OWNER shall be required to convey to the CITY the land
on Parcel B required for the construction and installation of the Signalization Project at
no cost to the CITY. The future location of the Signalization Project is generally depicted
on the Master Plan. However, the final location shall be determined and legally
described as part of the CITY's approval of the Final Engineering Plans for the first
phase of the Project. The land shall be conveyed to the CITY by plat dedication.
However, in the event that the CITY determines, in its reasonable discretion and at the
time of construction of the Signalization Project that additional land on Parcel B of the
Property is required for said construction, OWNER agrees to convey by warranty deed
the additional land to the CITY at no cost.
(ii) At such time transportation impact fees are required to be
paid to the CITY by OWNER for the initial phase of the Project, OWNER shall also pay
to the CITY a supplemental traffic impact fee payment in the total amount of three
hundred fifty thousand and no /100 Dollars ($350,000.00) to cover the projected future
cost of the Signalization Project ( "Supplemental Transportation Impact Fee "). The City
shall commit to design, permit and construct the Signalization Project at such time the
CITY and the FDOT determine that the Signalization Project is warranted. To the extent
reasonably necessary, OWNER agrees to cooperate with the CITY in the design,
permitting and construction of the Signalization Project, and agrees not to contest or
object to any permit applications submitted by the CITY to the FDOT to permit the
Signalization Project. However, if one (1) year subsequent to build out of Parcel A and
Parcel B, the FDOT confirms that a traffic signal is not warranted, the City shall refund
the Supplemental Transportation Impact Fee to OWNER. For purposes of this paragraph,
the term "build out" shall mean that required certificates of occupancy have been issued
by the CITY's building official for all of the luxury apartment and carriage units required
on Parcel A and a minimum 100,000 square feet of commercial /office space required on
Parcel B and at least ninety percent (90 %) of said commercial /office space is occupied by
businesses that have been issued business tax receipts by the CITY.
(iii) Notwithstanding the aforesaid requirements set forth in this
subsection (m), prior to the approval of Final Engineering Plans for the initial phase of
the Project and the payment deadline for transportation impact fees, the CITY, after
consultation with the Florida Department of Transportation and the OWNER, shall have
the unconditional right to provide OWNER written notice cancelling said requirements
based upon changed circumstances affecting the Signalization Project. If cancelled, the
provisions of this subsection (m) will no longer have any effect, and the Signalization
Project, if required by the Florida Department of Transportation, will be governed by
11
standard local and state permitting requirements, and the Supplemental Transportation
Impact Fee, to the extent paid, shall be refunded by CITY to OWNER.
(n) Performance and Maintenance Guarantees. OWNER shall provide
the CITY performance and maintenance guarantees for all public improvements
constructed by OWNER under this Agreement in accordance with the CITY's policies
and requirements at the time of permitting and construction. All performance guarantees
filed with the CITY shall be by cash deposit or letter of credit of one hundred percent
(100 %) of the cost of performance, which amount may be reduced by OWNER as
performance elements are completed and accepted by the CITY. Maintenance guarantees
shall be by maintenance bond or letter of credit.
(o) Parcel A Mandator On -Site Management of Pro ert ' Future
Condominium Conversion of the Project. With respect to Parcel A, OWNER 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. OWNER shall also be 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 monument signs, walls, fences, recreational areas
and amenities, and stormwater facilities associated with Parcel A. However, in the event
that the OWNER desires to convert the apartment and carriage home units into a
condominium in the future, OWNER 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.
Approval will not be unreasonably withheld. If the conversion is approved by the CITY,
OWNER 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 Parcel A. The OWNER 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.
3. FINAL AND FUTURE PLAT APPROVALS; CONVEYANCES TO
THE CITY; COMMON AREAS.
(a) Platting. The CITY and OWNER acknowledge and agree that a
final plat for the Property shall be presented to the City for final approval in conjunction
with the CITY's approval of the Final Engineering Plans for the first phase of the Project.
The final plat shall be consistent and in accordance with the Master Plan and applicable
provisions of the City Code, and shall be filed of record in the Official Public Records of
Seminole County as a condition precedent to OWNER exercising any rights under this
Agreement. Future replats or lots splits of the Property shall also be subject to applicable
subdivision of land provisions of the City Code.
12
(b) Conveyances of Land and Improvements tom. The final plat
shall contain a public dedication of lands to the CITY, in a form acceptable to the City
Attorney, to address all lands required to be conveyed to the CITY under this Agreement
including, but not limited to, public streets and sidewalks, the location of the future traffic
control signal and mast arm, and other drainage and utility easements that may be
required by the CITY to provide public utility services to the Property or to support the
public streets and sidewalks and conservation area. All conveyances to the CITY by
dedication or otherwise shall be free and clear of all encumbrances, unless prior to the
conveyance, the CITY notifies the OWNER, 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 area being conveyed. Conveyance
of street and other public improvements shall be by bill of sale and free and clear of all
liens.
(c) Common Areas. The final plat shall also identify and dedicate all
common areas or private easements for Parcel A and B, either shared or not, including,
but not limited to, the stormwater pond, trails and sidewalks, private roads and parking
areas, monument signage, and any other common areas.
(d) Multiple Lots on Parcel B. Parcel B on the final plat may be
divided into two separate lots, with a single lot located on each side of the public street
required from SR 434 to the roundabout. If such lots occur, the lots will be identified on
the final plat as Lot B -1 (west side) and B -2. (east side)
4. TRASH/REFUSE PICK -UP. Solid waste services provided to the
Property shall be by the CITY's authorized solid waste hauler and shall be subject to all
applicable City solid waste regulations and franchises. All trash and refuse service
provided to the Property shall be by multiple solid waste dumpsters deemed sufficient in
number, size and location by the CITY to provide adequate solid waste services to the
Property. Such dumpsters will be required to be located and screened to comply with
applicable City regulations and aesthetic review standards.
5. USE AND MAINTENANCE AGREEMENT FOR ENHANCED
FEATURES CONSTRUCTED ON PUBLIC STREETS. Prior to issuance of certificate
of completion and acceptance of the public streets and related infrastructure by the CITY,
OWNER and the CITY shall enter into a separate Use and Maintenance Agreement
outlining responsibilities related to the enhanced design features and landscaping required
to be constructed and maintained by the OWNER on the public streets and roundabout
and those OWNER chooses to construct and maintain in excess of those required to be
constructed and maintained pursuant to Section 2(i) of this Agreement. Such Agreement
shall require the OWNER to maintain the following items which are approved as part of
the Final Engineering Plans:
(i) 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 City. The terms and
conditions of this maintenance responsibility shall substantially conform to the standard
13
decorative street light and signage form agreements that are typically approved by the
CITY on a citywide basis.
(ii) All urban design features incorporated into the roundabout.
(iii) All enhanced design features incorporated into the public
street such as brick pavers.
(iv) All landscaping and irrigation infrastructure installed
within the public streets including all water consumption charges imposed by the CITY
for the irrigation.
(v) The Use and Maintenance Agreement shall run with the
land and be assignable. OWNER acknowledges that OWNER shall maintain interest in
the Use and Maintenance Agreement, however, said interest may be assigned in full or in
part to a property owners association.
6. EFFECT. OWNER assumes no obligation for any improvements or
construction not specifically located within the Property, except as depicted on the Final
Engineering Plans and limited to typical maintenance and warranty of infrastructure
dedicated to the public upon completion.
7. COOPERATION. OWNER and the CITY shall cooperate fully with each
other to effectuate the terms, conditions and intentions of this Agreement.
8. AUTHORITY. Each party hereby represents and warrants to the other that
they have full power and authority to enter into this Agreement. OWNER also represents
that all legal and equitable title to the Property is currently vested in and held by OWNER
and OWNER is duly authorized to bind the Property to the terms, conditions, restrictions
and requirements contained in this Agreement. CITY also represents that all requirements
and procedures, including public hearings, have been properly conducted for the approval
of this Agreement by the CITY and that upon the execution hereof by the CITY and the
OWNER, and the adoption of the PUD Zoning Ordinance No. 2015- , such terms,
conditions, restrictions, and requirements shall constitute a development order having the
same force and effect of a duly adopted zoning regulation and shall be binding upon the
parties.
9. 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, UPS, 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.
OWNER: WS Property Holdings, LLC
Attn: David Haas, VP Land Acquisitions
14
2379 Beville Road
Daytona Beach, FL 32119
Telephone: (386) 236 -4170
Facsimile: (386) 763 -7870
E -mail: dhaas @icihomcs.com
With a copy to: J. Andrew Hagan, Esquire
2379 Beville Road
Daytona Beach, FL 32119
Telephone: (386) 236 -4184
Facsimile: (386) 763 -7814
E -mail: ahagan@icihomes.com
With a copy to: Integra 360, LLC
Attn: David G. McDaniel
1525 International Parkway, Suite 2001
Lake Mary, FL 32746
Telephone: (407) 833 -3927
Fax: (407) 833 -3967
E -mail: dmcdaniel (a-)into alandcom an .corn
With a copy to: Shutts & Bowen LLP
Attn: Daniel T. O'Keefe, Esq.
300 South Orange Av., Suite 1000
Orlando, FL 32801
Telephone: (407) 835 -6956
Fax: (407) 849 -7256
E -mail: dokeefe shutts.corn
City: 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
With a copy to: Anthony A. Garganese, Esq.
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407) 425 -9566
Fax: (407) 425 -9596
E -mail: agarganese @orlandolaw.net
10. DEFAULTS. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the non - defaulting party to
15
pursue whatever remedies are available to it under Florida law or equity including,
without limitation, an action for specific performance and /or injunctive relief. Prior to
any party filing any action as a result of a default under this Agreement, the non-
defaulting party shall first provide the defaulting party with written notice of said default.
Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day
opportunity in which to cure the default to the reasonable satisfaction of the non-
defaulting party prior to filing said action.
11. SUCCESSORS AND ASSIGNS. This Agreement and any impact fee
credit accounts created pursuant to this Agreement shall automatically be binding upon
and shall inure to the benefit of the successors and assigns of each of the parties. All
subsequent purchasers of all or part of the Property shall be considered assignees subject
to the requirements of this Agreement.
12. APPLICABLE LAW, VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. The venue for any legal
action instituted to enforce or interpret any provision of this Agreement shall be in
Seminole County, Florida for state action and Orlando, Florida for any federal action.
13. POLICE POWER. 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. The Property shall be subject to all applicable
City ordinances and other applicable laws.
14. AMENDMENTS. This Agreement shall not be modified or amended
except by written agreement duly executed by both parties hereto.
15. ENTIRE AGREEMENT. This Agreement supersedes any other
agreement, oral or written, regarding the future development of the Property and contains
the entire agreement between the CITY and OWNER as to the subject matter hereof.
16. 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.
17. EFFECTIVE DATE. This Agreement shall become effective upon
approval by the City Commission of Winter Springs and execution of this Agreement by
both parties, and upon the City's PUD Zoning Ordinance No. 2015- becoming
effective. If the PUD Zoning Ordinance No. 2015- does not become effective or its
adoption is timely appealed, and subsequently quashed by a court of competent
jurisdiction, this Agreement shall be deemed null and void.
18. RECORDATION. Within sixty (60) days following the effective date
hereof, this Agreement shall be recorded along with the City's PUD Zoning Ordinance
No. 2015- in the public records of Seminole County, Florida and together, the PUD
Zoning Ordinance and this Agreement shall constitute a development order and run with
the Property unless subsequently repealed and terminated by the CITY.
16
19. RELATIONSHIP OF THE PARTIES. The relationship of the parties to
this Agreement is that the CITY is a regulatory agency under the laws of Florida for
purposes of zoning real property within its jurisdiction and issuing development orders in
furtherance thereof. OWNER owns the Property which is subject to the CITY's
jurisdiction and has agreed to the terms, conditions, restrictions, and requirements under
this Agreement and is a independent property owner and not an agent of the CITY. In
addition, any work performed by OWNER regarding the design, permitting, and
construction of public improvements that will be conveyed to the CITY are being
performed as 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.
20. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be
construed as a waiver of the CITY's right to sovereign immunity under Section 768.28,
Florida Statutes, or any other limitation on the CITY's potential liability under state and
federal law.
21. FORCE MAJEURE. The parties agree that in the event that the failure by
either party to accomplish any action required hereunder within a specified time period
( "Time Period ") constitutes a default under the terms of this Agreement and, if any such
failure is due to any unforeseeable or unpredictable event or condition beyond the control
of such party, including, but not limited to, acts of God, acts of government authority
(other than the CITY's own acts), acts of public enemy or war, riots, civil disturbances,
power failure, shortages of labor or materials, injunction or other court proceedings
beyond the control of such party, or severe adverse weather conditions ( "Uncontrollable
Event "), then, notwithstanding any provision of this Agreement to the contrary, that
failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable
to perform solely due to the Uncontrollable Event.
22. 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 of this Agreement in the event of a
dispute between the parties.
23. 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 federal permit, condition, term, or restriction shall not relieve OWNER or the
CITY of the necessity of complying with the law governing said permitting requirements,
conditions, 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 owned by OWNER if OWNER is in
breach of any term or condition of this Agreement.
17
24. 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.
25. TERMINATION. The City shall have the unconditional right, but not
obligation, to terminate this Agreement, without notice or penalty, if OWNER fails to
receive building permits and substantially commences construction of the first phase of
the Project within two (2) years of the effective date of this Agreement. In addition, the
City shall have the right, but not obligation, to terminate the Agreement, in whole, or
with respect to only Parcel A (excluding the requirements related to the public streets,
sidewalks and infrastructure) or B, if OWNER permanently abandons construction of the
Project, or abandons the construction of Parcel A or B, provided, however, the City shall
first deliver written notice and an opportunity to cure to the defaulting party as set forth in
Section 10 above. If the City terminates this Agreement, in whole or by Parcel, the City
shall record a notice of termination against the affected portion of the Property in the
public records of Seminole County, Florida.
26. WAIVER. The waiver by any party of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any other provision of the
Agreement or of any future breach of the provision so waived.
27. INDEMNIFICATION. OWNER hereby agrees to indemnify, release, and
hold harmless the CITY and its commissioners, employees and attorneys from and
against all claims, losses, damages, personal injuries (including, but not limited to, death),
or liability (including reasonable attorney's fees and costs through all appellate
proceedings), directly or indirectly arising from, out of, or caused by OWNER and
OWNER'S contractor's and subcontractor's performance of construction activities in
furtherance of this Agreement and any and all permits issued hereunder. This
indemnification shall survive the termination of this Agreement.
[SIGNATURE PAGE FOLLOWS]
18
IN WITNESS WHEREOF, OWNER and the CITY have executed this
Agreement in form sufficient to bind them as of the Effective Date.
ATTEST:
Un
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
19
CITY OF WINTER SPRINGS
Un
Charles Lacey, Mayor
APPROVED AS TO FORM AND
LEGALITY For the use and reliance of the
City of Winter Springs, Florida, only.
Dated:
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
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
COUNTY OF
WS PROPERTY HOLDINGS, LLC, a
Florida limited liability company
By:
Print name:
Its
The foregoing instrument was acknowledged before me this day of
2015, by as of WS PROPERTY
HOLDINGS, LLC., a Florida limited liability company, on behalf of said company. 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:
20
EXHIBIT LIST
A - Legal Description of Property
B - Master Plan
C - Building Elevation — General Apartment Type
D - Building Elevation for Carriage Units
E - Building Elevation for Accessory Garage Structures
21
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Attachment "D"
Economic Impact of Integra 360 in Winter Springs, FL
Executive Summary
November 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
Integra 360 is a 360 unit apartment property that will be integrated as part of a master plan which includes 10 acres of
office /commercial and 30 acres of residential. The project is a $49,000,000 development, including a $6,000,000 investment
in land and another $30,000,000 in construction activity. The construction of the property will employ several hundred
workers with salaries ranging from $30,000 to $150,000 per year. The final product will be home to 360 households paying
an average of $1230 per month in rent which comes to a yearly household salary of $44,000 in order to qualify to occupy an
apartment. The property will employ 7 full time staff members with an average salary of $52,000 amongst the 7 workers. It
was also employ several vendors for products and services totaling approximately $500,000 in economic activity.
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:
New Residents*
153 423 122
* Number of new residents in the city, not necessarily the number of occupants in the new residential units.
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
0 0 698
Indirect &
Direct Induced Total
257 8 265
$152,839,283 $10,637,614 $163,476,897
$19,000,000 $0 $19,000,000
Number of Residential
Units
Added Over the First
10 Years
One - Bedroom
Two - Bedroom
Three - Bedroom
Four - Bedroom
Five - Bedroom
Total
Units
Units
Units
Units
Units
Units
Apartments
136
188
36
0
0
360
Townhomes
0
0
0
0
0
0
Single Family Residences
0
0
0
0
0
0
Total Residential Units
136
188
36
0
0
360
New Residents*
153 423 122
* Number of new residents in the city, not necessarily the number of occupants in the new residential units.
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
0 0 698
Indirect &
Direct Induced Total
257 8 265
$152,839,283 $10,637,614 $163,476,897
$19,000,000 $0 $19,000,000
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
City of Winter Springs,
$7,023,154
Fire District, $1,192,546
St. John's River WMD,
$161,948
Seminole County Public
Schools, $4,556,084
Page 3
Seminole County,
$4,759,643
Present
Additional
Additional
Net
Value of
Benefits
Costs
Benefits
Net Benefits*
City of Winter Springs
$15,285,700
($8,262,547)
$7,023,154
$5,852,973
Seminole County
$6,915,711
($2,156,069)
$4,759,643
$3,676,491
Seminole County Public Schools
$10,546,971
($5,990,887)
$4,556,084
$3,590,891
St. John's River WMD
$161,948
$0
$161,948
$122,345
Fire District
$1,192,546
$0
$1,192,546
$900,924
Total
$34,102,876
($16,409,503)
$17,693,373
$14,143,624
*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
City of Winter Springs,
$7,023,154
Fire District, $1,192,546
St. John's River WMD,
$161,948
Seminole County Public
Schools, $4,556,084
Page 3
Seminole County,
$4,759,643
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 Costs
Net Benefits
$686
$1,288,653
$400,000
$128,012
$252,000
$800,564
$432,000
$600,000
$2,277,542
$186,977
$210,417
$211,330
$9,855
$351,985
$1,476,477
$1,612,237
$166,506
$208,605
$135,207
$182,904
$613,738
$3,121,319
$255,055
$24,440
$23,203
$18,712
$15,881
$28,119
$253,274
($2,186,440) ($2,186,440)
($1,303,733) ($1,303,733)
($1,547,747) ($1,547,747)
($2,756,132) ($2,756,132)
($244,853)
($223,641)
($8,262,547)
($6,328,627)
($244,853)
($223,641)
$7,023,154
$5,852,973
Add'I Benefits
Sales Taxes*
$686
Property Taxes
$1,288,653
Building Permits
$400,000
Impact Fees
Police
$128,012
Fire
$252,000
Transportation
$800,564
Parks
$432,000
Connection /Tap Fees
$600,000
Other Revenues, Taxes & Fees: Residential Community
City -Owned Utility Revenues
$2,277,542
Electricity Franchise Fees
$186,977
Electricity Taxes
$210,417
Water /Wastewater Taxes
$211,330
Natural Gas Taxes
$9,855
Communication Services Taxes
$351,985
Other Taxes & User Fees
$1,476,477
Other Revenues, Taxes & Fees: New Residents
City -Owned Utility Revenues
$1,612,237
Electricity Franchise Fees
$166,506
Electricity Taxes
$208,605
Water /Wastewater Taxes
$135,207
Natural Gas Taxes
$182,904
Communication Services Taxes
$613,738
Other Taxes & User Fees
$3,121,319
Other Revenues, Taxes & Fees: New Worker Residents
City -Owned Utility Revenues
$255,055
Electricity Franchise Fees
$24,440
Electricity Taxes
$23,203
Water /Wastewater Taxes
$18,712
Natural Gas Taxes
$15,881
Communication Services Taxes
$28,119
Other Taxes & User Fees
$253,274
Costs: New Residential Community
Cost of City -Owned Utility Service
Cost of Services
Costs: New Residents
Cost of City -Owned Utility Service
Cost of Services
Costs: New Worker Residents
Cost of City -Owned Utility Service
Cost of Services
Total
$15,285,700
Present Value (5% discount rate)
$12,181,600
Page 4
Add'I Costs
Net Benefits
$686
$1,288,653
$400,000
$128,012
$252,000
$800,564
$432,000
$600,000
$2,277,542
$186,977
$210,417
$211,330
$9,855
$351,985
$1,476,477
$1,612,237
$166,506
$208,605
$135,207
$182,904
$613,738
$3,121,319
$255,055
$24,440
$23,203
$18,712
$15,881
$28,119
$253,274
($2,186,440) ($2,186,440)
($1,303,733) ($1,303,733)
($1,547,747) ($1,547,747)
($2,756,132) ($2,756,132)
($244,853)
($223,641)
($8,262,547)
($6,328,627)
($244,853)
($223,641)
$7,023,154
$5,852,973
* 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.
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Total
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
( $1,000,000)
($2,000,000)
Additional
Additional
Net
Benefits
Costs
Benefits
$3,696,024
($749,950)
$2,946,074
$1,188,660
($770,157)
$418,503
$1,212,213
($785,560)
$426,653
$1,236,338
($801,271)
$435,066
$1,260,947
($817,297)
$443,650
$1,286,050
($833,643)
$452,407
$1,311,658
($850,316)
$461,342
$1,337,779
($867,322)
$470,457
$1,364,425
($884,668)
$479,757
$1,391,606
($902,362)
$489,244
$15,285,700
($8,262,547)
$7,023,154
City Net Benefits Over the First 10 Years
Cumulative
Cumulative
Net
Present Value
Present Value
Benefits
of Net Benefits
of Net Benefits
$2,946,074
$2,805,785
$2,805,785
$3,364,577
$379,594
$3,185,379
$3,791,230
$368,559
$3,553,938
$4,226,296
$357,930
$3,911,868
$4,669,946
$347,611
$4,259,480
$5,122,353
$337,593
$4,597,073
$5,583,695
$327,867
$4,924,940
$6,054,152
$318,424
$5,243,364
$6,533,909
$309,255
$5,552,619
$7,023,154
$300,354
$5,852,973
$5,852,973
1 2 3 4 5 6 7 8 9 10
Year
Benefits Costs Net Benefits
Page 6
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*
$2,148
$2,148
Property Taxes
$2,495,292
Present Value
$2,495,292
Tourist Development Taxes
$0
Benefits
$0
Impact Fees
of Net Benefits
Year 1
$774,266 ($194,204)
Transportation
$287,490
$552,440
$287,490
Library
$19,548
$429,610
$19,548
Other Taxes & User Fees: Residential Com. _M`
$2,076,486
Year 3
$2,076,486
Other Taxes & User Fees: New Residents�F
$1,755,725
$378,069
$1,755,725
Other Taxes & User Fees: New Worker ResidentZI
$279,022
$446,185
$279,022
Cost of Services: Residential CommunityllIlME
$1,687,256
($1,088,979)
($1,088,979)
Cost of Services: New Residents I
$2,348,403
($920,761)
($920,761)
Cost of Services: New Worker Residenn s�J
$681,460 ak. ($217,700)
($146,328)
($146,328)
Total
$6,915,711
($2,156,069)
$4,759,643
Present Value (5% discount rate)
$5,327,608
($1,651,116)
$3,676,491
* 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.
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
($200,000)
($400,000)
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
$774,266 ($194,204)
$580,062
$580,062
$552,440
$552,440
Year 2
$630,732 ($201,121)
$429,610
$1,009,673
$389,669
$942,109
Year 3
$642,805 ($205,144)
$437,662
$1,447,334
$378,069
$1,320,178
Year 4
$655,432 ($209,247)
$446,185
$1,893,519
$367,078
$1,687,256
Year 5
$668,315 ($213,432)
$454,883
$2,348,403
$356,413
$2,043,669
Year 6
$681,460 ak. ($217,700)
$463,759
$2,812,162
$346,064
$2,389,733
Year 7
$694,871.,MM ($222,054)
$472,817
$3,284,979
$336,022
$2,725,755
Year 8
$708,551- ($226,495)
$482,059
$3,767,038
$326,277
$3,052,032
Year 9 ,
$722,511- ($231,025)
$491,490
$4,258,528
$316,819
$3,368,851
Year 10 ,
$736,76CIIW$235,646)
$501,114
$4,759,643
$307,641
$3,676,491
Total
$6,915,7116,069)
$4,759,643
$3,676,491
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
($200,000)
($400,000)
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 $161,948
Fire District $1,192,546
Total $1,354,493
Page 8
Additional
Additional
Net
Benefits
Costs
Benefits
Property Taxes
$4,042,034
$4,042,034
Additional State & Federal School Funding
$5,738,937
$5,738,937
Impact Fees
$766,000
$766,000
Cost of Educating New Students
($5,990,887)
($5,990,887)
Total
$10,546,971
($5,990,887)
$4,556,084
Present Value (5% discount rate)
$8,161,964
$4,571,074
$3,590,891
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 $161,948
Fire District $1,192,546
Total $1,354,493
Page 8
Attachment "E"
Sign -In Sheet
WS SR 434 PUD Community Meeting November 17, 2015
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Address
Email /Phone
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Sign-in Sheet
WS SR 434 PUD Community Meeting May 19, 2015
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Sign-In Sheet
WS SR 434 PUD Community Meeting May 19, 2015
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lnday, November 22,201S SE
CITY OF LONGWOOD, FL
CITY COMMISSION
NOTICE OF PUBLIC HEARING
LONGWOOD DEVELOPMENT
CODE AMENDMENT
NOTICE IS HEREBY GIVEN BY THE CITY OF LONGWOOD,
FLORIDA, that the City Commission will conduct a second
reading and final public hearing on Ordinance No. 15.2074, on
Monday, December 7,201 S at 7:00 P.M., or as soon thereafter as possible
in the Longwood City Commission Chambers, 175 West Warren Avenue,
Longwood, Florida. The purpose of the public hearing is to receive
public comment and to consider the proposed amendment. The
proposed amendment affects the use of land within the municipal limits
of the City of Longwood.
ORDINANCE NO. 15 -2074
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE
I GENERAL PROVISIONS, ARTICLE 11 LAND USE DISTRICTS
AND OVERLAY DISTRICTS, ARTICLE 111 DEVELOPMENT DESIGN
STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS,
ARTICLE VI SIGNS, ARTICLE IX HARDSHIP RELIEF AND
SPECIAL EXCEPTIONS, AND ARTICLE X ADMINISTRATION,
TO ENACT - CITYWIDE CODE CHANGES RECOMMENDED BY
THE 17 -92 CORRIDOR SMALL AREA STUDY, INCLUDING
SUNSET PROVISIONS FOR NONCONFORMING SIGNAGE
AND NONCONFORMING LANDSCAPING, ADOPTING AN
OPPORTUNITY NODE OVERLAY. DISTRICT MAP, AND PROVIDING
FOR CONFLICTS, CODIFICATION, SEVERABILITY QIQD EFFECTIVE
DATE.
Proposed Opportunity Node Map
At this meeting, interested parties may appear and be heard with
respect to the request. This hearing may be continued from time to time
until final action is complete.
A copy of the proposed Longwood Development Code Amendment is
available for review in the Community Development Division Office of
the Community Development Department and may be inspected by the
public Monday through Friday from 8:30 a.m. to 4:30 p.m. The office is
located at 174 W. Church Avenue, Longwood, Florida, or you may call
the office at 407/260 -3462.
NOTICE: All persons are advised that if they decide to appeal any
decision made at the meetings /hearings, they will need a record of
the proceedings and for such purpose, they may need to ensure
that a verbatim record of the proceedings is made, which record to
include the testimony and evidence upon which the appeal is based
(per Sec. 286.0105, Florida Statutes).
Persons with disabilities needing assistance to participate in any of
these meetings should contact the A.D.A. Coordinator at 407/260 -3481
at least 48 hours in advance of the meeting.
Publish: Sunday, November 22, 2015
ATTACHMENT "F"
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION
PROPOSES TO CONSIDER THE FOLLOWING:
ORDINANCE NO. 2015 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 39,810 GROSS
ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE NORTH SIDE OF
STATE ROAD 434 AND EAST OF MICHAEL BLAKE BOULEVARD AND WEST OF
SPRING AVENUE, WINTER SPRINGS, FLORIDA; SAID PARCEL BEING MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN; CHANGING
THE ZONING DESIGNATION OF THE PARCEL FROM CITY OF WINTER
SPRINGS "GREENEWAY INTERCHANGE DISTRICT" TO WINTER SPRINGS
"PLANNED UNIT DEVELOPMENT (PUD) "; PROVIDING FOR THE ADOPTION
OF A CORRESPONDING AND REQUIRED DEVELOPMENT AGREEMENT
ESTABLISHING THE DEVELOPMENT AND ZONING REQUIREMENTS FOR THE
SUBJECT PROPERTY; PROVIDING FOR THE ADOPTION OF A CORRESPONDING
AND REQUIRED MASTER PLAN ESTABLISHING THE GENERAL SITE LAYOUT
FOR THE FUTURE DEVELOPMENT OF THE SUBJECT PROPERTY; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
LOCATION MAP
s r =.
�x
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
PUBLIC HEARING
WILL BE HELD ON
WEDNESDAY, DECEMBER 2, 2015
AT 5:30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION FIRST READING
PUBLIC HEARING .
WILL BE HELD ON
MONDAY, JANUARY 11, 2016
AT 6:00 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m.,
Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs,
Florida. For more information, tali (407) 327 -1800 #227. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the Employee Relations
Department Coordinator, 48 hours in advance of the meeting at (407) 327 -1800, #236. This is
a public hearing. Interested parties are advised that they may appear at the meeting and be
heard with respect to the proposed ordinance. If you decide to appeal any recommendation or
decision made by the City Commission with respect to any matter considered at this meeting,
you will need a record of the proceedings, and for such purposes, you may need to ensure that
a verbatim record of the proceedings is made upon which the appeal is based.