Planning and Zoning Board/Local Planning Agency Special Meeting

PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING AGENDA THURSDAY, APRIL 24, 2025 - 5:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1

CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS INFORMATIONAL AGENDA PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA PUBLIC HEARINGS AGENDA 400. Sutton Crossings Phase 1 (Ace Hardware) – Final Engineering and Development Plans, Waivers, and Development Agreement. SC AH Staff Report PZB 04.24.2025 FINAL.pdf Sutton Crossings EPB Engineering Development Agreement_Draft_PZB04242025.pdf SC AH Application for Final Engineering Development Plans.pdf SC AH Application for Development Agreement.pdf SC AH Application for Waiver - Drive Thru Window Side Yard.pdf SC AH Application for Waiver - Lot Size.pdf SC AH Application for Waiver - SR434 Master Monument Sign.pdf SC AH Application for Waiver - Statistical Tree Survey.pdf SC AH Application for Waiver Specimen Tree Removal.pdf SC AH Applicatrion for Waiver - Tuskawilla Rd Master Monument Sign.pdf SC AH Approved Aesthetic Review Plans 2023.pdf SC AH Civil Plans DSS Final Engineering.pdf SC AH Community Workshop Flyer.pdf SC AH Drainage Report Sutton Crossings.pdf SC AH Environmental Species and Wetland Report.pdf SC AH Geotechnical Report.pdf SC AH Landscape Plans.pdf SC AH Phase 1 Environmental Report Sutton Crossings.pdf SC AH Sutton Crossings Master Development Plans.pdf SC AH TIA.pdf SC AH Tree Survey Aborist Memo.pdf 2

SC AH Sutton Crossings Re-plat and Legal Description.pdf 401. Chick-Fil-A, S.R. 434 and Michael Blake Boulevard – Final Engineering and Development Plans, Aesthetic Review, Waivers, and Development Agreement. Chik-Fil-A Staff Report PZB 04.24.2024 FINAL.pdf Development Agreement _ Blue Orange Holdings LLC_Draft_PZB04042025.pdf CFA Application for Final Engineering and Development Plan.pdf CFA Application for Aesthetic Review.pdf CFA Application for Development Agreement.pdf CFA Application for Waivers.pdf CFA Building Elevations A.pdf CFA Building Elevations B.pdf CFA Civil Plans DSS Final Engineering Plans.pdf CFA Community Workshop Flyer.pdf CFA Drainage Report Sutton Crossings.pdf CFA Environmental Species and Wetland Report.pdf CFA Geotech Other.pdf CFA Landscape Plans.pdf CFA Overall Traffic Impact Analysis.pdf CFA Phase 1 Environmental Report Sutton Crossings.pdf CFA Queue Study Traffic Study Final.pdf CFA Sutton Crossings Master Development Plans.pdf CFA Sutton Crossings Re-plat and Legal Description.pdf REGULAR AGENDA PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. 3

"If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 4

PUBLIC HEARINGS AGENDA ITEM 400 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA | APRIL 24, 2025 SPECIAL MEETING TITLE Sutton Crossings Phase 1 (Ace Hardware) – Final Engineering and Development Plans, Waivers, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Final Engineering/Site Plan Review, Waiver, and Development Agreement in order for the applicant to construct a ±23,517 square foot (SF) hardware store with three additional tenant spaces. FUNDING SOURCE RECOMMENDATION The Community Development Department requests that the City Commission hold a Public Hearing to consider the Final Engineering/Site Plan Review, Waiver, and Development Agreement in order for the applicant to construct a ±23,517 square foot (SF) hardware store with three additional tenant spaces. 5

PUBLIC HEARINGS AGENDA ITEM PLANNING & ZONING BOARD Thursday, April 24, 2025 | REGULAR MEETING TITLE Sutton Crossings Phase 1 (Ace Hardware) – Final Engineering and Development Plans, Waiver, and Development Agreement. SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Final Engineering and Site Plans, Waivers, Specimen Tree removal, and Development Agreement in order for the applicant to construct a ±23,517 square foot (SF) hardware store with three additional tenant spaces and to construct all supporting infrastructure for the Sutton Crossings shopping center. General Information Applicant EPB Engineering & Construction PLLC Property Owner(s) EPB Engineering & Construction PLLC Location Northeast corner of Tuskawilla Road and Michael Blake Road Tract Size ±5.88 Acres Parcel ID Number 01-21-30-501-0000-0010; 26-20-30-5AR-0A00-008D; and 26-20- 30-5AR-0A00-008H Zoning Designation Town Center District (T-C) | T5 Transect | Urban Center Zone FLUM Designation Town Center District Adjacent Land Use North: Vacant East: Vacant South: Vacant West: Tuskawilla Rd. Principle building setbacks (from property line) Front/principle plane: 25 ft. min. - 50 ft. max (from front property line) Rear: 15 ft. (from rear property line) Side: 5 ft. min, 100 ft. max. (from side property line) Frontage buildout: 20% min. (at front setback) Development Standards Lot Width: 18 ft. min., 180 ft. max. Lot Depth: 30 ft. min., 160 ft. max. Lot Coverage: 100% max. 2 stories minimum 3 stories maximum Development Permits Not applicable 6

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 2 O F 2 0 Development Agreement Development Agreement | Pending Code Enforcement Not applicable City Liens Not applicable Background: On April 24, 2023, the City Commission approved the Aesthetic Plan for the Ace Hardware. The applicant is intending for the Ace Hardware to be Phase 1 of a greater development referred to as Sutton Crossings. The Ace Hardware (with three additional attached retail suites) is intended to be constructed on the eventual Lot 1 of the Sutton Crossings shopping center, which is intended to have five lots when the final plat is approved. The proposed applications provide for the clearing and grading and installation of all common infrastructure for the Sutton Crossings shopping center, along with the site plan specific to Ace Hardware with the three attached tenant spaces. Future development in the Sutton Crossings shopping center will require further City Commission approval of individual site plans. The subject property consists of three parcels totaling approximately 5.88 acres located on the northeast corner of Tuskawilla Rd. and Michael Blake Blvd. The property is currently bounded on the north and east sides by city right-of-way. The applicant has requested that the city abandon the right-of-way to allow for the Sutton Crossing development which includes this site. The request to vacate the existing right-of-way will be presented to the City Commission for a decision. The applicant is proposing a hardware store (Ace Hardware) with three additional tenant spaces. The proposed use of a hardware store is a permitted use in the T-5 transect of the Town Center District. The additional tenant spaces are intended to be retail or restaurants, both of which are generally permitted uses in the T-5 transect. Public Notices: Public Hearing Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) of the subject property and all Homeowner’s Associations within ½ mile (28 notices) on October 25, 2023 for a Community Workshop held on November 14, 2023. There were no objections raised at the Community Workshop regarding the proposed development. Public hearing notices were mailed April 15, 2025. Analysis of Final Engineering (Sec. 20-33.1) Criteria: (a) Site and final engineering plans and the subdivision of land shall also be subject to the technical requirements set forth in Chapter 9 of the City Code. It is the intent of this section to apply to applications for site and final engineering plans and to any subdivision of land requiring a plat, if applicable, and does not include review and approval of a lot split application. Please see discussion below regarding technical requirements of Chapter 9. The Final Engineering Plans have been reviewed by the 7

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 3 O F 2 0 City’s engineer, concluding that the Plans satisfy the technical requirements provided the conditions of approval set forth below are met. (b) Except in situations involving one (1) single-family home, the planning and zoning board shall be required to review all site and final engineering plan and subdivision of land applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) Except in situations involving one (1) single-family home, all site and final engineering plan and subdivision recommendations and final decisions shall be based on whether the site and final engineering plan and subdivision of land complies with all the technical requirements set forth in chapter 9 of the City Code and the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the site and final engineering plan and subdivision of land, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the plan, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. Analysis: The project proposes a ±23,517 SF Ace Hardware with three (3) additional tenant spaces as well as all common infrastructure for a multiple-lot shopping center. The proposed Ace Hardware building will include a faux second two-story and include buffers and is consistent with adjacent uses. The proposed daily hours of operation are consistent with typical retail commercial uses and are not anticipated to have any adverse effects on the surrounding neighborhoods. The proposed use will not cause added noise, refuse, odor, particulates, smoke, fumes and other emissions, as the proposed use is a hardware store. The applicant has demonstrated that the parking and traffic-generating characteristics of the proposed use will not adversely impact the site and surrounding area. A traffic impact study for the entire Sutton Crossings shopping center has been submitted. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site and final engineering plan requested. The site shall be of sufficient size to accommodate 8

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 4 O F 2 0 design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. Analysis: The size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed development. The development proposes to provide three points of access: one along Tuskawilla Road and two along Michael Blake Boulevard. Proposed on-site improvements to mitigate against potential adverse impacts of the proposed use include off-street parking, pedestrian mobility accommodations, and landscaping. The streetscape along Tuskawilla Road and other landscaping on-site will provide appropriate screening and aesthetics to mitigate potential off-site impacts. Parallel on-street parking and landscaping will also be provided on Michael Blake Boulevard consistent with the Town Center thoroughfare standards. (3) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Analysis: The development and subdivision of land is not anticipated to have an adverse impact on the local economy. The development of vacant land within the Town Center District is anticipated to provide an increase to the City’s taxable value. Additional land along SR 434 has begun the application process for development as a result of this project. Employment and property value with the subject site are anticipate to increase. (4) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. Analysis: The subject site is currently vacant and wooded. Adherence to the tree removal mitigation requirements under the City’s code will be required. The applicant has requested a waiver for the removal of a specimen tree east of the subject site, but within the overall development area. The proposed design incorporated pervious pavements and underground filtration of stormwater in addition to an on-site stormwater pond that encompasses a shared draining system throughout the overall Sutton Crossings property. Downstream flows are designed to flow offsite to the Tuskawilla Crossings Subdivision Pond 1 that is undergoing the review of a repair and rehabilitation project through St. Johns River Water Management District permit number 148395-4 through the City’s consultant, Pegasus Engineering. The permit encompasses the August 31, 2023 berm failure with a modification request to increase the project area to include this development (Sutton Crossings). The permit’s status at the time of this report is a request for additional information. The proposed development is not anticipated to have an impact on air, water, and noise pollution, vegetation and wildlife, open space, or noxious and desirable vegetation. 9

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 5 O F 2 0 (5) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. Analysis: It is not anticipated that the proposed development will have an adverse impact on any historic, scenic, or cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. Analysis: The proposed development will be designed in accordance with the Town Center District Code, which will include the following public services; water, sewer, stormwater and surface water management, police, fire (Seminole County Fire Department). Water service is available along Tuskawilla Road and sanitary sewer service is available along Michael Blake Boulevard, and there is sufficient capacity to accommodate the proposed development. Stormwater management has been addressed above. (7) Whether the site and final engineering plan and subdivision of land, and related traffic report and plan provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. Analysis: The Traffic Impact Analysis submitted by the applicant projected that a total of 3,354 net new daily trips will occur, with a morning peak of 293 trips and an evening peak of 285 trips. The analysis concluded that all existing road segments would continue to have adequate capacity to continue to operate satisfactorily with their adopted LOS standard with the projected traffic generation. The SR 434 434/Tuskawilla Road intersection, and SR 434/ Michael Blake Boulevard intersection, were analyzed as part of this project and is projected to operate at an adequate level-of-service (LOS). The intersection of SR 434/Michael Blake Boulard is currently signalized and is anticipated to experience delays for some approaches in the AM and/or PM peak hours due to background traffic at the intersections. This project’s projected trips does trigger the need for one (1) Mobility Credit as required in the Transportation Element of the City’s Comprehensive Plan; the Mobility Credit is, in this case, being satisfied with the inclusion of bicycle parking. Overall, this project is not expected to cause undue impact on the surrounding neighborhood or intersections. Adequate ingress and egress will be provided. The project traffic generation from this project is negligible compared to the total traffic volumes of SR 434 and Tuskawilla Road and as such will not substantially impact those roadways or their intersections. 10

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 6 O F 2 0 (8) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Analysis: The proposed development is not anticipated to have an adverse impact in this manner. (9) Whether the proposed site and final engineering plan and subdivision of land avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. Analysis: Adverse odors, noise, glares, or vibrations are not anticipated. Staff requested modifications to accommodate adequate parking, delivery staging, and refuse collection. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and final engineering plan and subdivision of land that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Analysis: Security The development is to be secured through standard industry practices to include, but is not limited to, alarm systems, locks, exterior lighting, employee designated areas, customer/patron designated areas, etc. The site has been designed to minimize impacts on the adjoining neighborhood. (11) Whether the applicant has provided on the site and final engineering plan and subdivision of land an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood, if applicable. Analysis: Staff directed the project to accommodate areas within the development to accommodate the delivery of goods away from primary ingress/egress drive areas. The proposed hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood are outside of morning and evening peak trip generation periods. (12) Whether the applicant has demonstrated that the site and final engineering plan and subdivision of land have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. Analysis: Staff finds that subject to the Conditions of Approval, the site and final engineering plans have been designed to incorporate mitigative techniques and 11

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 7 O F 2 0 plans needed to prevent the adverse impacts mentioned in the criteria on adjacent and surrounding uses and properties. (13) Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The applicant has agreed to execute a binding Development Agreement and it is attached hereto as an Exhibit. Water and Sewer: Water service is available from the City’s 12-inch water main located along Tuskawilla Road. Tie-ins will be run to the northeast corner of the Ace Hardware site to allow for future development on the remainder of the parcel. The development is projected to utilize 1,306 gallons of water per day encompassing Ace Hardware, and three attached retail spaces. Additionally, the development will utilize reclaimed water for irrigation purposes. Stormwater: The stormwater from this development will be handled by a detention pond constructed on the west side of the site, north of the parking area from the Ace Hardware. The parking spaces on site will be made of pervious pavement which will further help in reducing stormwater runoff. Transportation: The development provides access from Tuskawilla Road and Michael Blake Boulevard. Michael Blake Boulevard and State Road 434 is now a signalized intersection. The proposed internal transportation circulation was reviewed, and modifications were recommended by staff, and plans revised to reflect modifications. Parking Analysis: Per Section 20-324 of the City’s Land Development Code (LDC), there are no minimum parking requirements in the Town Center. The City required the applicant to provide a traffic study and a parking study which was prepared by the applicant based from the 10th Edition Institute of Transportation Engineers (ITE) Parking Generation Manual. For comparison purposes, Section 9-277 of the City’s LDC defines off-street parking requirements for specific land uses. The following minimum parking ratios for the proposed land use is defined in the Code: • General Business: One (1) parking space for each three hundred (300) SF of floor space in the building exclusive of storage space. If this development were outside the Town Center, and therefore required to meet the requirements of Sec. 9-277 of the City Code, there would be 78 parking spaces 12

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 8 O F 2 0 required. The applicant is proposing 82 parking spaces, including 4 handicap spaces. The applicant is also proposing 10 on-street parking spaces along Michael Blake Blvd. Aesthetic Review: The applicant previously applied for Aesthetic Review. The proposed aesthetics were reviewed by staff and the City Commission. The aesthetics for this proposed project were approved on April 24, 2023. Reports: The Final Engineering submittal is required to include the following reports. Reports October 13, 2022 Geotechnical Report | Native Geoscience, Inc. October 18, 2022 Phase 1 Environmental Site Assessment | Native Geoscience, Inc. October 19, 2022 Environmental Species and Wetland Report | Atlantic Ecological Services May 24, 2023 Arborist Report | Mary L. Edwards Consulting Arborist Services August 29, 2023 Drainage Report | Weinberg Engineering Procedural History: September 2023 Site Plan Review Application | SP2023-0052 FEDP-2024-0005 November 14, 2023 Community Workshop March 11, 2025 Waiver Application | WA2024-0002 April 24, 2025 Planning & Zoning Board/Local Planning Agency | Recommendation on Waivers, Final Engineering, and Development Agreement May 12, 2025 City Commission | Consideration of Waivers, Final Engineering, and Development Agreement Waiver Review: Pursuant to Section 20-34, Any real property owner may file a waiver application requesting a waiver(s) for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category). The Planning and Zoning Board shall be required to review all waiver applications and make a written recommendation to the City 13

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 9 O F 2 0 Commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth and analyzed below. Upon receipt of the Planning and Zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. Waiver I: A waiver to Section 20-324(6), Town Center District Code, General Provisions, to allow a drive-thru window in the side yard of the property (western side of building) where this section requires drive-thru windows to be located the rear yard or alley of a site. Waiver Review 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. Analysis: Staff finds that the applicant does not demonstrate that the applicable term and condition clearly created an illogical, impossible, impractical or patently unreasonable result related to the proposed development. The proposed drive-through window would be located facing Tuskawilla Road and would serve the end tenant suite in the Ace Hardware building. Prior waivers granted for drive-throughs in the Town Center have provided for the window to be located on the side of a building not facing a major thoroughfare. This end tenant suite is labeled as a retail use on the site plan (Retail Suite C), not a quick-serve restaurant. Further, the TIA included with the application for Final Engineering and Development Plans does not include the proposed street-facing pick-up window and drive- through lane, nor has a queuing analysis been submitted for review. As such, a recommendation for waiver approval cannot be made at this time. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Analysis: Staff finds that the proposed development plan is otherwise substantially compliant with the design standards for the Town Center Code, with removal of the drive-through window on the Retail Suite C. As stated above, the location of the drive-through window is not consistent with the Town Center Code. 3. The proposed development plan will significantly enhance real property. Analysis: Staff finds that the proposed development plan will significantly enhance the subject property and the Town Center, without the proposed drive-through. It will add to the pedestrian/bicycle nature of the Town 14

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 0 O F 2 0 Center by adding retail/ shopping options within walking or biking distance to the many residents already residing within the Town Center. 4. The proposed development plan serves the public health, safety, and welfare. Analysis: Staff does not find that the design and aesthetics of this project with the drive-through for Retail Suite C included will serve the public health, safety, and welfare of area residents. While the proposed development will contribute to tax revenues and job creation, and enhancement of retail available to Winter Springs, the applicant has nor demonstrated the impacts of the drive-thru on traffic and congestion internal to the project site. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Analysis: Staff finds that the waiver may diminish the essential character of the surrounding neighborhood. While the applicant proposes landscaping along Tuskawilla Road to help buffer the drive-thru its vehicular activity, currently there is not another example demonstrated in the Town Center District. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. Analysis: Staff finds that this is not the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. Staff has not determined that this design best suits traffic flow while keeping all restaurant vehicular parking to the rear and out of site. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. Analysis: Staff finds that the development plan is compatible with the surrounding Sutton Crossings subdivision, and the Town Center without the inclusion of the drive-through on Retail Suite C. 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The Applicant is working on and has agreed to a binding Development Agreement to incorporate terms and conditions deemed necessary by the City Commission. 15

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 1 O F 2 0 Waiver II: A waiver to Section 20-325, Town Center District Code, Transect Standards, to allow larger lot sizes in lieu of lot sizes with a maximum width of 180 ft and maximum depth of 160 ft. Waiver Review 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. Analysis: Staff finds that the applicant does demonstrate that the applicable term and condition clearly created an illogical, impossible, impractical or patently unreasonable result related to the proposed development. The application has proposed a re-plat under submitted subdivision application SBD-2024-0002 for Sutton Crossings that would accommodate the proposed sites for Ace Hardware (1.836 acres), Chick-Fil-A (1.66 acres), Bank (0.924 acres) and Early Learning Academy (1.132 acres). 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Analysis: Staff finds that the proposed development plan is substantially compliant with the design standards for the Town Center Code. 3. The proposed development plan will significantly enhance real property. Analysis: Staff finds that the proposed development plan will significantly enhance the subject property and the Town Center. It will add to the pedestrian/bicycle nature of the Town Center by adding retail/ shopping options within walking or biking distance to the many residents already residing within the Town Center. 4. The proposed development plan serves the public health, safety, and welfare. Analysis: Staff finds that the design and aesthetics of this project will serve the public health, safety, and welfare of area residents, and will contribute to tax revenues and job creation, and enhancement of retail available to Winter Springs. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Analysis: Staff finds that the waiver will not diminish the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 16

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 2 O F 2 0 Analysis: Staff finds that this is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. Analysis: Staff finds that the development plan is compatible with the surrounding Sutton Crossings subdivision, and the Town Center. 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The Applicant is working on and has agreed to a binding Development Agreement to incorporate terms and conditions deemed necessary by the City Commission. Waiver III: A waiver to Section 16-57, Prohibited Signs, to allow a freestanding master monument sign in lieu of not allowing a freestanding sign on SR 434. Waiver Review 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. Analysis: Staff finds that the applicant does demonstrates that the applicable term and condition clearly created an illogical, impossible, impractical or patently unreasonable result related to the proposed development. The applicant proposes that Sutton Crossings is a planned commercial development that requires a master monument sign to effectively inform passing traffic of the businesses within the shopping center. Staff agree that without such signage, visibility for tenants would be severely limited, creating an impractical and unreasonable burden on the businesses trying to attract customers. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Analysis: Staff finds that the proposed development plan otherwise substantially compliant with the design standards for the Town Center Code. 3. The proposed development plan will significantly enhance real property. Analysis: Staff finds that the proposed development plan will significantly enhance the subject property and the Town Center. It will add to the pedestrian/bicycle nature of the Town Center by adding retail/ shopping options within walking or biking distance to the many residents already residing within the Town Center. 17

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 3 O F 2 0 4. The proposed development plan serves the public health, safety, and welfare. Analysis: Staff finds that the design and aesthetics of this project will serve the public health, safety, and welfare of area residents, and will contribute to tax revenues and job creation, and enhancement of retail available to Winter Springs. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Analysis: Staff finds that the waiver will not diminish the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. Analysis: Staff finds that this is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. Analysis: Staff finds that the development plan is compatible with the surrounding Sutton Crossings subdivision, and the Town Center. 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The Applicant is working on and has agreed to a binding Development Agreement to incorporate terms and conditions deemed necessary by the City Commission. Waiver IV: A waiver to Section 16-57, Prohibited Signs, to allow a freestanding master monument sign in lieu of not allowing a freestanding sign on Tuskawilla Road. Waiver Review 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. Analysis: Staff finds that the applicant does demonstrates that the applicable term and condition clearly created an illogical, impossible, impractical or patently unreasonable result related to the proposed development. The applicant proposes that Sutton Crossings is a planned commercial development that requires a master monument sign to 18

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 4 O F 2 0 effectively inform passing traffic of the businesses within the shopping center. Staff agree that without such signage, visibility for tenants would be severely limited, creating an impractical and unreasonable burden on the businesses trying to attract customers. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Analysis: Staff finds that the proposed development plan otherwise substantially compliant with the design standards for the Town Center Code. 3. The proposed development plan will significantly enhance real property. Analysis: Staff finds that the proposed development plan will significantly enhance the subject property and the Town Center. It will add to the pedestrian/bicycle nature of the Town Center by adding retail/ shopping options within walking or biking distance to the many residents already residing within the Town Center. 4. The proposed development plan serves the public health, safety, and welfare. Analysis: Staff finds that the design and aesthetics of this project will serve the public health, safety, and welfare of area residents, and will contribute to tax revenues and job creation, and enhancement of retail available to Winter Springs. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Analysis: Staff finds that the waiver will not diminish the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. Analysis: Staff finds that this is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. Analysis: Staff finds that the development plan is compatible with the surrounding Sutton Crossings subdivision, and the Town Center. 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. 19

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 5 O F 2 0 Analysis: The Applicant is working on and has agreed to a binding Development Agreement to incorporate terms and conditions deemed necessary by the City Commission. Waiver V: A waiver to Section 5-6(a)(1),Tree Protection and Preservation, Permit Application, to allow a statistical survey for trees between 4” DBH and 9” DBH in lieu of and inventory and location survey for all trees 4” DBH and greater. Waiver Review 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. Analysis: Staff finds that the applicant does demonstrates that the applicable term and condition clearly created an illogical, impossible, impractical or patently unreasonable result related to the proposed development. The applicant has proposed that the property contains a dense and excessive quantity of trees in the 4” to 9” DBH range and as such requiring a full location tree survey of every three within this class would be logistically infeasible, financially burdensome, and duplicative given the ecological intent of the code. Staff finds that the nationally accepted statistical sampling methodology to assess trees within the 4” to 9” DBH category aligns with best management practices outlined by the International Society, ensuring scientific accuracy and ecological sensitivity while maintaining regulatory intent. All trees 10” DBH and larger were individually surveyed and assessed, reflecting practical feasibility and higher ecological value of larger, more mature trees. . Recommended mitigation for trees 4” to 9” DBH has been assessed at 179 credits ($52,800). Recommended mitigation for trees 10” and larger has been assessed at 89 credits ($26,700). 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Analysis: Staff finds that the proposed development plan otherwise substantially compliant with the design standards for the Town Center Code. 3. The proposed development plan will significantly enhance real property. Analysis: Staff finds that the proposed development plan will significantly enhance the subject property and the Town Center. It will add to the pedestrian/bicycle nature of the Town Center by adding retail/ shopping options within walking or biking distance to the many residents already residing within the Town Center. 20

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 6 O F 2 0 4. The proposed development plan serves the public health, safety, and welfare. Analysis: Staff finds that the design and aesthetics of this project will serve the public health, safety, and welfare of area residents, and will contribute to tax revenues and job creation, and enhancement of retail available to Winter Springs. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Analysis: Staff finds that the waiver will not diminish the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. Analysis: Staff finds that this is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. Analysis: Staff finds that the development plan is compatible with the surrounding Sutton Crossings subdivision, and the Town Center. 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The Applicant is working on and has agreed to a binding Development Agreement to incorporate terms and conditions deemed necessary by the City Commission. Waiver VI: A waiver to Section 5-16, Tree Protection and Preservation, Waivers; incentive program and appeals, to allow a specimen tree removal in lieu of obstructing a building footprint. Waiver Review 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. Analysis: Staff finds that the applicant does demonstrates that the applicable term and condition clearly created an illogical, impossible, impractical or patently unreasonable result related to the proposed development. The applicant proposes that the specimen tree located in the 21

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 7 O F 2 0 proposed Chick-Fil-A building footprint, makes its removal necessary to accommodate the restaurant’s structure, parking, and drive-thru layout. Preserving the tree in int’s current location would render the site unusable for its intended purposed, preventing the development from proceeding as planned. Staff followed up with the applicant regarding relocation of the tree, an finds doing so unfeasible. Recommended mitigation for removal of a specimen tree has been assessed at 8 credits ($2,400). 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Analysis: Staff finds that the proposed development plan otherwise substantially compliant with the design standards for the Town Center Code. 3. The proposed development plan will significantly enhance real property. Analysis: Staff finds that the proposed development plan will significantly enhance the subject property and the Town Center. It will add to the pedestrian/bicycle nature of the Town Center by adding retail/ shopping options within walking or biking distance to the many residents already residing within the Town Center. 4. The proposed development plan serves the public health, safety, and welfare. Analysis: Staff finds that the design and aesthetics of this project will serve the public health, safety, and welfare of area residents, and will contribute to tax revenues and job creation, and enhancement of retail available to Winter Springs. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Analysis: Staff finds that the waiver will not diminish the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. Analysis: Staff finds that this is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. Analysis: Staff finds that the development plan is compatible with the surrounding Sutton Crossings subdivision, and the Town Center. 22

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 8 O F 2 0 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: The Applicant is working on and has agreed to a binding Development Agreement to incorporate terms and conditions deemed necessary by the City Commission. Applicable Law, Public Policy, and Events: Florida Statutes 163.2511-163.3246: Growth Policy; County and Municipal Planning; Land Development Regulation (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Home Rule Powers City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Ch20, Sec. 20-1. Definitions. Ch20, Sec. 20-34 Waivers Ch20, Sec. 20-601. – Streetscape Requirements. Ch20, Division 12. - Town Center District Code City of Winter Springs Comprehensive Plan. Future Land Use Element, Policy 1.1.6 Fiscal Impact: Development of the subject property as a hardware store and retail space is anticipated to provide an increase to the City’s taxable value, as well as serve as a catalyst for future commercial development in the surrounding area. Development Agreement: The applicant has agreed to a binding Development Agreement which is attached hereto as an exhibit. Staff Recommendation: Staff recommends that the Planning and Zoning Board recommend approval of the Waivers II-VI, Specimen Tree Removal, Final Engineering Plans, and Development Agreement to allow a hardware store with three (3) additional tenant spaces and construction of the Sutton Crossings shopping center infrastructure in the Town Center District, subject to the following conditions: 1. Proposed uses for the additional tenant spaces will be a permitted use in the T- 5 Town Center Transect or shall receive a Conditional Use approval from the City Commission. 2. Approval of both the St. Johns River Water Management District Environmental Resource Permit for the Project as well as the City’s Environmental Resource Permit application No. 148395-4 to repair and make improvements to the Tuskawilla Crossings pond, including accommodating 23

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 1 9 O F 2 0 the Sutton Crossings Project, shall be required prior to commencement of site clearing and construction. 3. Prior to final plat approval, the applicant/owners shall record covenants and restrictions for the property owner’s association that will be responsible for perpetual maintenance of the common infrastructure for the Sutton Crossings shopping center. The owner shall include a provision in the covenants and restrictions acknowledging and advising that the parking lot may flood and serve as a retention area for water impoundment during both the 25year/24hour and 100year/24hour storm events. The covenants and restrictions shall contain a release, hold harmless, and indemnification provision for all claims related to flooding of the parking area as a result of the design of the approved engineering plans against the City of Winter Springs. 4. An Economic Impact Analysis Report as required by the Town Center Design standards shall be reviewed and approved by staff prior to being heard before the City Commission. 5. The applicant shall be required to revise the final engineering plans to remove the drive-through land and window for Retail Suite C and continue the streetscape for Michael Blake Boulevard. 6. The P&Z recommendation of approval is contingent upon the City Commission’s approval of the right-of-way vacation. 7. The applicant shall be required to pay($52,800) for removal of trees 4” DBH – 9” DBH, and 89 mitigation credits ($26,700) for removal of trees 10” DBH and greater, excluding specimen tree(s), prior to the issuance of the tree removal and land clearing permit. 8. The applicant shall be required to pay 8 mitigation credits ($2,400) for removal of the specimen tree, prior to the issuance of the tree removal and land clearing permit. 9. Execution of Development Agreement prior to the issuance of the tree removal and land clearing permits. 10. There shall be no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). 11. All grass on the Property shall be Bahia grass. No St. Augustine grass or grass types with low drought tolerance shall be permitted. 24

P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , A P R I L 2 4 , 2 0 2 5 | P A G E 2 0 O F 2 0 Attachments: Community Workshop Flyer Drainage Report for Sutton Crossings Environmental Species and Wetlands Report. Phase I Environmental Site Assessment, Sutton Crossings Traffic Impact Analysis Sutton Crossings/ Ace Hardware Final Engineering and Development Plans Replat for Sutton Crossings Application for Final Engineering and Development Plan Application for Aesthetic Review Application for Development Agreement Approved Aesthetic Review Plans 25

DEVELOPMENT AGREEMENT City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC Page 1 of 19 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 DEVELOPMENT AGREEMENT EPB ENGINEERING & CONSTRUCTION, PLLC AND BLUE ORANGE HOLDINGS, LLC (Sutton Crossings Shopping Center) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this ______ day of _________________, 2025, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (“City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and EPB ENGINEERING & CONSTRUCTION, PLLC, a Florida limited liability company, whose address is 3440 Edgewater Drive, Orlando, FL 32804; and BLUE ORANGE HOLDINGS, LLC, a Florida limited liability company, whose address is 3440 Edgewater Drive, Orlando, FL 32804 (hereinafter collectively referred to as “Developer”). WITNESSETH: WHEREAS, EPB Engineering & Construction, PLLC is the owner of approximately 3.58 acres, more or less, of real property located in the W1 Winter Springs tax district, generally located on the Northeast corner of Tuskawilla Road and Michael Blake Boulevard, in Winter Springs, Seminole County, Florida, more particularly described herein (“EPB Property”); and WHEREAS, Blue Orange Holdings, LLC is the owner of approximately 2.3 acres, more or less, of real property located in the W1 Winter Springs tax district, generally located on the Northwest corner of SR 434 and Michael Blake Boulevard, in Winter Springs, Seminole County, Florida, more particularly described herein (“Blue Orange Property”); and WHEREAS, Developer has applied for a Final Engineering/Site Plan Approval, Waivers, and Specimen Tree Removal from the City Code in order to construct the common FOR RECORDING DEPARTMENT USE ONLY 26

DEVELOPMENT AGREEMENT City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC Page 2 of 19 infrastructure for the Sutton Crossings shopping center plaza as well as a hardware store with three attached tenant suites on one portion of the Property; and WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the Winter Springs City Code (“City Code”), public Hearing Notices were mailed to all owners of real property adjacent to and within approximately five-hundred (500) feet of the subject property and all Homeowner’s Associations on file within the City of Winter Springs on April 15, 2025, and a Community Workshop for the Project was held on October 25, 2023; and WHEREAS, Section 20-29(c) of the City Code requires that all site plans and waivers shall be binding on the use of the subject property and, further, that as a condition of approval by the City Commission, all development projects requiring a community workshop pursuant to Section 20-29.1 of the City Code shall be required to be memorialized in a binding Development Agreement; and WHEREAS, this Development Agreement shall be recorded against the property so that the terms and conditions of approval related to the Project shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Property. The real property subject to this Agreement consists of tax parcel identification numbers of 01-21-30-501-0000-0010; 26-20-30-5AR-0A00-008D and 26-20-30- 5AR-0A00-008H and is legally described in EXHIBIT “A”, attached hereto and fully incorporated herein by this reference (the “Property”). 4.0 Project Description and Requirements. Developer shall, at its expense, design, permit and construct a ±23,517 square-foot hardware store with three (3) additional tenant spaces as well as all common infrastructure for a multiple-lot shopping center on the Property, located in the City of Winter Springs Town Center. The hardware store building and supporting infrastructure for the entire shopping center shall be constructed in a single phase. (Hereinafter the project description and requirements are referred to as the “Project”). The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File No. FEDP-2024-0005 27

DEVELOPMENT AGREEMENT City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC Page 3 of 19 File No. WAIV-2024-0002 File No. AERV-2024-00031 File No. DVAG-2