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HomeMy WebLinkAbout2001 06 25 Regular G Binding Development Agreement for Avery Park COMMISSION AGENDA ITEM G Consent Informational Public Hearing Regular X Jlme 25. 2001 Meeting v- Mgr. / Authorization REQUEST: The City Manager requests the City Commission approve Amendment # 1 to the Binding Development Agreement between CRC Development and the City of Winter Springs for the development of Avery Park. PURPOSE: The purpose of this agenda item is to request the City Commission implement Section 5J of the Development Agreement to provide conditions under which tree replacement credits may be earned. APPLICABLE LAW AND PUBLIC POLICY: Under Chapter 5 of the City of Winter Springs Code, hereafter referred to as the Arbor Ordinance, each tree removed prior to, during or after development must be replaced. Amendment #1 to the Development Agreement specifies the conditions for those replacements. CONSIDERA TIONS: In order to encourage the establishment of conservation areas, and to encourage the use of more desirable plant materials in the landscaped areas of developed land, consideration is given toward the earning of tree credits to offset the replacement requirement of the Arbor Ordinance. Over 10 acres of heavily treed wetland have been set aside for conservation. As many as 3000 trees may be located on that parcel. Setting aside land for conservation is one of the most effective means of protecting large amounts of natural lands. This amendment provides recognition of those trees being saved and encourages development to set aside other lands for conservation. I JUNE 25,2001 REGULAR AGENDA ITEM G Page 2 landscape materials in the finished development. Normally, development removes large, mature trees and replaces them with very small, young trees of the most common type of material. This is very cost-effective for the developer, but is not as desirable to the environmental community. Using larger, more diverse types of trees "ages" a development. It creates a more established appearance and in effect, is much more marketable than a standard landscape package. This amendment provides options for the Developer while still giving back to the community some of the urban forest that will be lost in development. STAFF RECOMMENDATION: Staff recommends the City Commission approve Amendment #1 of the Development Agreement between CRC Development and the City of Winter Springs. ATTACHMENTS: A. Amendment # 1 COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager MEMORANDUM To: Andrea Lorenzo-Luaces, City Clerk From: Jan Palladino, Secretary to the City Manag~ Date: June 22, 2001 Subj: June 25, 2001 Regular Agenda Item "G" PLEASE REPLACE THE JUNE 25, 2001 REGULAR AGENDA ITEM G, BINDING DEVELOPMENT AGREEMENT "AMENDMENT 1" WITH THE ATTACHED CORRECTED BINDING DEVELOPMENT AGREEMENT. THE CORRECT NAME OF THE DEVELOPMENT PROJECT IS AVERY PARK NOT AVERY WOODS. JP \& tT!j~ ~~ BINDING DEVELOPMENT AGREEMENT (Amendment # "1") THIS BINDING AGREEMENT, made and executed this _ day of , 2001 by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City") whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHC DEVELOPMENT CO., INC., a Florida Corporation ("CHC") whose address is 131 Park Lake Street, Orlando, Florida 32803. WHEREAS, CHC entered into a Binding Agreement with the City of Winter Springs on , 2001 to construct a residential community in Winter Springs, Florida Town Center known as Avery Park, and WHEREAS, Section 5(j) of the aforementioned agreement provides that a tree replacement program shall be implemented to the satisfaction of the City and in compliance with the City Arbor Ordinance, Chapter 5 of the City Code, (Arbor Ordinance), and WHEREAS, the City Code provides considerable discretion in fonnulating a tree replacement program, and WHEREAS, the City staff has developed strategies the staff believes will provide appropriate consideration for conservation areas dedicated involuntarily and voluntarily to the public by the developer as further defined herein, so as to provide an incentive on the part of the developer to dedicate lands for conservation to the public, and a higher quality of plant materials in development, and WHEREAS, the City Commission desires this Tree Replacement Program for Avery Woods to be reviewed and approved by the Commission in a Development Agreement. NOW, THEREFORE, in consideration of the mutual provisions and covenants contained herein, the parties mutually agree as follows: Section 1. Supplemental Agreement. This Agreement is adopted pursuant to Section 50) of the Binding Development Agreement between CHC Development Co., Inc., a Florida corporation and the City of Winter Springs, a Florida municipal corporation, dated ("Original Binding Development Agreement"). This Agreement shall be deemed in addition to and supplemental to the Original Binding Development Agreement. Section 2. Definitions. The following words shall have the meaning ascribed below unless the context clearly indicates otherwise: Page 1 of 4 (a) City Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the City Code of Ordinances otherwise known as the City Arbor Ordinance. (b) Involuntarily Dedicated Conservation Area. Involuntarily Dedicated Conservation Area shall mean a conservation area of one or more acres of land located within the City over which a conservation easement has been established in perpetuity, or to which a fee simple title has been donated without monetary compensation to a governmental unit for purposes of conservation in perpetuity, said actions resulting from compliance with a Federal, State of Local Governmental Law, Policy or Regulations by an owner or developer of land currently seeking a development order from the City of Winter Springs, Florida. (c) Preferred Plant List. Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit "A" of this agreement. (d) Tree Replacement Assessment. Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs as provided in the Arbor Ordinance for the replacement of trees cut, destroyed, or removed from a property in the City as a result of development or redevelopment. (e) Tree Replacement Credit. Tree Replacement Credit shall be equal to one-hundred ($100.00) dollars and no cents in tree replacement value. (f) Voluntarily Dedicated Conservation Area. Voluntarily Dedicated Conservation Area shall mean a conservation area of one acre or more of land located within the City over which a conservation easement has been established in perpetuity, or which has been donated without monetary compensation to a Federal, State, or Local Governmental Agency for purposes of conservation in perpetuity by an owner or developer of land currently seeking a development order from the City of Winter Springs, Florida. Section 3. Arbor Ordinance Requirement. In consideration of trees which shall be cut, removed or destroyed from the property known as Avery Park by CHC or its agent, CHC shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tree Replacement Assessment established by the City. Section 4. Tree Replacement Credit. CHC may deduct from their Tree Replacement Assessment, Tree Replacement Credits as follows: (a) One (1) Tree Replacement Credit for every ten (10) trees located within an Involuntarily Dedicated Conservation Area; and Page 2 of 4 (b) Ten (10) Tree Replacement Credits for every one (1) tree located upon a Voluntarily Dedicated Conservation Area; and (c) The number of replacement credits as provided in the Preferred Plant Material List, (Exhibit "A") to this Agreement provided that: (i) All plant materials are Florida Grades and Standard One (1) or better; and (ii) All plant materials are properly installed; and (ill) The landscape plan for the proposed development to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first written above. Signed, sealed and delivered in the presence of CHC DEVELOPMENT CO., INC.~ a Florida Corporation, (Print Name of Witness) By: (Print Name of Witness) Carl H. Cahill Its President CITY OF WINTER SPRINGS, a Florida Municipal Corporation, ATTEST: By: By: PAUL PARTYKA, Mayor ANDREA LORENZO-LUACES Page 3 of 4 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2001, by CARL R. CAHILL, as President of CRC DEVELOPMENT CO., INC., a Florida corporation, [ ] who is personally known to me, or [ ] who has produced as identification. NOTARY PUBLIC, State of Florida My commission expires: Page 4 of 4 11111111111111111.11111111111111 U HIli HII..IIII.. MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COlMTY BK 04174 PG 0120 CLERK'S # 2001750099 BINDING DEVELOPMENT AGU.ImNft.mt9/2001 01:51:" PM ulro:l~b11tf FtES 15.00 (Amendment # "1 If) RECORDED BY S Coatney . /7(}<<: THIS BINDING AGREEMENT, made and executed thlS~ day of , 001 by and between the CITY OF WINTER SPRINGS, a Florida Municipal Co oration ("City") whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHC DEVELOPMENT CO., INC., a Florida Corporation ("CHC") whose address is 131 Park Lake Street, Orlando, Florida 32803. HEREAS, CHC entered into a Binding Agreement with the City of Winter Springs ,2001 to construct a residential community in Winter Springs, Florida Town er known as Avery 'fi?if1r an'1r~ WHEREAS, Section 5U) of the aforementioned agreement provides that a tree replacement program shall be implemented to the satisfaction of the City and in compliance with the City Arbor Ordinance, Chapter 5 of the City Code, (Arbor Ordinance), and WHEREAS, the City Code provides considerable discretion in formulating a tree replacement program, and WHEREAS, the City staff has developed strategies the staff believes will provide appropriate consideration for conservation areas dedicated involuntarily and voluntarily to the public by the developer as further defined herein, so as to provide an incentive on the part ofthe developer to dedicate lands for conservation to the public, and a higher quality of plant materials in development, and WHEREAS, the City Commission desires this Tree Replacement Program for Avery ~ to be reviewed and approved by the Commission in a Development Agreement. P4f J( <!.!.~ NOW, THEREFORE, in consideration of the mutual provisions and covenants contained herein, the parties mutually agree as follows: Section 1. Supplemental Agreement. This Agreement is adopted pursuant to Section 50) of the Binding Development Agreement between CHC Development Co., Inc., a Florida cor oration and the City of Winter Springs, a Florida municipal corporation, dated e;I ("Original Binding Development Agreement"). This Agreement shall be deemed in ddi .on to and supplemental to the Original Binding Development Agreement. Section 2. Definitions. The following words shall have the meaning ascribed below unless the context clearly indicates otherwise: Page 1 of 3 FILE NUM 2001750099 OR BOOK 04174 PAGE 0121 (a) City Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 ofthe City Code of Ordinances otherwise known as the City Arbor Ordinance. (b) Preferred Plant List. Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit "A" of this agreement. (c) Tree Replacement Assessment. Tree Replacement Assessment shall mean the total amount of monetary compensation owed tn the City of Winter Springs as provided in the Arbor Ordinance for the replacement oftrees cut, destroyed, or removed from a property in the City as a result of development or redevelopment. (d) Tree Replacement Credit. Tree Replacement Credit shall be equal to one- hundred ($100.00) dollars and no cents in tree replacement value. Section 3. Arbor Ordinance Requirement. In consideration of trees which shall be cut, removed or destroyed from the property known as Avery Woods by CHC or its agent, CHC shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tree Replacement Assessment established by the City. Section 4. Tree Replacement Credit. CHC may deduct from their Tree Replacement Assessment, Tree Replacement Credits based on the number of replacement credits as provided in the Preferred Plant Material List, (Exhibit" A ") to this Agreement provided that: (i) All plant materials are Florida Grades and Standard One (1) or better; and (ii) All plant materials are properly installed; and (Hi) The landscape plan for the proposed development to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first written above. Signed, sealed and delivered in the presence of ~-~W~ L)() - A.t.v\. WC)O~ eV\ (Print Name of Witness) CHC DEVELOPMENT CO., INC., a Florida Corporation, ~e.~ /l.J Gt#M.A C, L.Ih/lUIVUf BY~ Its President (Print Name of Witness) Page 2 of 3 FILE NUM 2001750099 OR BOOK 04174 PAGE 0122 CITY OF. WINTER SPRINGS, a Florida M~~~t;ipal Co!,~oration, I':' ,:'.~ . ." .}' C?". . ATTEST: 0B l_'Y: c 'z:.. .~ - By: . I I ."". . i r ...':)0 '. ~,:,'; ". . . 1":';:' .-- .) .; SJ. _ . -i.' ./ U"",\", - * .. \. . 1\" " STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this P..~ay of CXu JIJ ~, 2001, by CARL H. CAHILL, as President ofCHC DEVELOPMENT CO., INC., a Flor~ion, ~ who is personally known to me, or [ ] who has produced as identification. - .., NOTARY PUBLIC, State of Florida rnrnission expires: ~ . .. Amendment Avery Park. doc 4li''oW,~ Pamella R. Finne {*;' :~ MY COMMISSION # 00018196 EXPIRES ~~ '~l May 6, 2005 ".r.i&::&.,," 80NDED THRU TROY FAIN INSURANCE /He. Page 3 of 3