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HomeMy WebLinkAbout1998 11 09 Regular Item E COMMISSION AGENDA ITEM E Consent Information Public Hearing Regular xx November 9. 1998 Meeting MGR. V' /Dep~ REQUEST: Community Development Department, Land Development Division, presents to the Commission the Planning and Zoning Board recommendation as it relates to the Kash n'Karry and the Courtney Springs Apartments preliminary engineering/ final development plan. At this time it is also requested that the Co~missibn discuss items that will be in a proposed Development Agreement as it relates to these projects prior to formal presentation of the agreement on November 23, 1998. PURPOSE: The purpose of this agenda item is to present to the Commission the recommendation of the Planning and Zoning Board as it relates to the Kash n'Karry and Courtney Springs Apartments preliminary engineering/final development plan. These two (2) projects are located to the east of Creek's Run subdivision, south ofSR 434, west of Vista willa Drive and north of Howell Creek Reserve subdivision. This agenda item will also present to the Commission items to be discussed as it relates to a proposed Development Agreements for these projects. APPLICABLE CODE: Section 20-355(10) Planning and zoning board review: The planning and zoning board shall review the final development plan and the staff recommendations. The board shall then either recommend approval, approval with modifications, or denial of the plan to the city, stating their reasons for such action. Section 20-357. Final development plan. The final development plan, which may include all or a part of the preliminary development plan, shall consist of properly identified exhibits and supporting materials, and shall include the following: / November 9, 1998 REGULAR AGENDA ITEM E Page 2 (1) Identification of the present owners and developers of all land included in the development. (2) Identification of all consultants involved in the preparation of the final development plan. (3) A location map indicating the relationship between the area proposed for final development, the remainder of the area within the approved preliminary development plan, and the surrounding area. (4) Boundary survey, legal description, and gross acreage of the area submitted for final approval. (5) A preliminary subdivision plan (preliminary plat), if the applicant proposes to create three (3) or more parcels. (6) A plot plan with scaled dimensions including, but not limited to the following: a. The name, location, right-of-way width, and width of pavement of proposed streets, easements, pedestrian ways, bicycle paths, and watercourses. b. The name, location, width and design of existing streets, including abutting arterials within two hundred (200) feet of the subject property. c. The locations, dimensions and uses of all buildings and structures, including proposed property lines, utility plants and permanent signs. d. Open and covered off-street parking areas, including landscaping and external lighting systems. e. Distance of dwelling units from vehicular accessways and parking areas. f. Wall, fencing or landscaping between private and common areas, along streets and highways, drainage ways, railroads, and the perimeters of the development. g. Refuse storage areas and method of solid waste disposal. h. Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, and other similar public or semipublic uses. November 9, 1998 REGULAR AGENDA ITEM E Page 3 i. The number and type of permanent or transient dwelling units; the floor area ration of commercial and/or industrial uses; density by number of dwelling units per gross residential building type; minimum setbacks and building separations; maximum lot coverage; minimum floor elevation; and height of structures. (7) A general landscaping and tree planting plan indicating areas of vegetation to be preserved and the proposed method of preservation, in addition to proposed irrigation systems and landscaping materials. (8) Design elevations and/or renderings of all proposed buildings or structures. (9) Total acreage and types of open space and recreation. (10) Specific recreational facilities and improvements. (11) Preliminary engineering plans for roads, water, fire protection, sanitary sewer, and stormwater management systems including existing ground surfaces and proposed elevations; typical cross-sections of proposed grading; streets and sidewalks; canals and waterways; and proposed types of pavement. All plans must be approved by the City Engineer. (12) Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the development. Such documents shall indicate to the satisfaction of the city council an acceptable method of ensuring that all obligations and improvements designated in the final development plan can and shall be completed. Bonds or an escrow account may be necessary in order to satisfy this requirement. a. The covenants, conditions, restrictions, agreements or grants which govern the use, maintenance, and continued protection of buildings, structures, landscaping, common open spaces, recreational areas and facilities within the development shall specifically include a detailed outline of the following: 1. Uses; 2. Building height limitations; 3. Building area limitations; 4. Front, rear and side yard setbacks; 5. Lot area coverage; November 9, 1998 REGULAR AGENDA ITEM E Page 4 6. Minimum living area; 7. Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwellings" or "all appurtenant buildings, swimming pools, screen enclosures, or other additions shall be at the rear of and within the encompassed by a rearward extension of the sidelines of primary dwelling; " 8. Off-street parking requirements, both enclosed and open, and authorized locations for same. A developer or owner of a planned unit development, as a condition to received approval ofPUD zoning or approval of a preliminary final development plan shall agree as a condition thereof that these covenants, conditions, restrictions, agreements or grants shall be enforceable by the city and that the city shall be a proper party plaintiff to enforce the same in law or equity in any court of competent jurisdiction. In addition, no permits shall be issued for buildings in a planned unit development that does not conform with the requirements above. b. In currently approved planned unit developments, the requirements of subsection (12)a. above which are contained in currently listed or subsequently revised covenants, conditions, restrictions, agreements or grants shall be enforceable by the city in law or equity in any court of competent jurisdiction. (13) All exhibits must indicate the title, name, graphic scale, and date of submittal and any subsequent revisions. (14) In order to protect the public interest, the planning and zoning board and/or city commission may request any additional information deemed necessary for the decision- making process. Submittal of this additional information could result in the denial of the application. CHRONOLOGY: July 18, 1998 - Pre-application Meeting with Staff August 10, 1998 - Conceptual Plan presented to Commission November 9, 1998 REGULAR AGENDA ITEM E Page 5 August 24, 1998 - Preliminary Engineering/Final Development Plan submitted September 15, 1998 - Staff Preliminary Meeting October 21, 1998 - Telephone Poll of Staff conducted and Staff recommended that the project be forwarded to the P&Z Board for their consideration Presentation to the P&Z Board and the Board recommended that the project be favorably forwarded to the Commission for action October 28, 1998 FINDINGS: The Staff has determined that the preliminary engineering plans meet the requirements to proceed to the final engineering submittals contingent upon the comments listed in the City Engineer Letter to Joe Kolb dated October 20, 1998 being addressed. The applicant has requested some variances on both sites and these are to be addressed as per the Land Development Coordinator Memo dated October 12, 1998. The City Attorney has determined (see Guthrie Memo dated September 10, 1998) that apartments are a valid use on this site. There will not be an association or covenants with this project. The Planning and Zoning Board, at their meeting of October 28, 1998, recommended that the project be favorably forwarded to the Commission for their action, contingent on the engineering concerns being addressed during final engmeenng. PROPOSED DEVELOPM:ENT AGREEMENT ISSUES: a) Developer desires: 1) Kash n'Karry, in addition to the two (2) authorized multi-tenant signs, is seeking a variance for one (I) additional single tenant sign to be located on the northwest corner of the property. November 9, 1998 REGULAR AGENDA ITEM E Page 6 2) Kash n'Karry is seeking a height variance for the three (3) single tenant signs - one (1) located on the northwest corner of the property, one (1) to be located on the future out parcell, and one (1) to be located on out parcel 2. The out parcels signs are not to be erected at this time, only when development on the parcels occur. The request is for the signs to be 8' 9" in height. The new development corridor standards only allows a height of 8' 0". Note: The actual copy space requested is far below what is permitted. 3) Kash n'Karry is seeking a height variance for all store front, building mounted signs to exceed a height of 14' (corridor standards) to be consistent with the building height. The request for the primary sign is from 25' 6" at base to 33' 6" at top. The mounting for the liquor store and the eastern most retail store is from 19' 6" at base to 21' 6" at top. The mounting for the smaller stores is from 16' 6" at base to 18' 6" at top. 4) Courtney Springs is seeking a reduction of the parking space size for 154 spaces from 10' X 20" (corridor standards) to 9' X 20' for compact cars. 5) Courtney Springs is seeking a variance for the entry wall to be of concrete block and stucco rather than brick, decorative or split-faced concrete block. The applicant desires this to match the decor of the apartment buildings. 6) Courtney Springs is seeking a variance for the use of 12' Wax Myrtle trees, or other fast growing trees, be allowed along the rear boundary of the property rather than canopy trees (corridor standards) along the rear of the property. Approximately twenty two (22) of these trees would be planted. Corridor design standards only require a canopy tree every 75'. This action would allow a sight barrier between the subdivision and the apartments to grow much quicker than the corridor design standards. 7) The owner is requesting that the City acquire ownership of the FDOT retention pond. b) In consideration of the developer requests, the City desires the following: 1) a 6' masonry wall between the projects and the residential area on that property not located in the wetlands; 2) Kash n'Karry designate Out Parcel 2 as office use only; November 9, 1998 REGULAR AGENDA ITEM E Page 7 3) that the owner of the property designate two (2) sites for the Tuscawilla PUD entry signs, one (1) on each side of Vistawilla Drive; 4) provided the City acquires ownership of the FDOT pond, the owner will provide: a) payment for any City costs resulting from the acquisition of the FDOT pond; b) enhanced landscaping around the pond, approved by the City; c) that the entire SR 434 side of the pond have a decorative fence consistent with that approved for the SR 434 frontage for the apartments and secured black vinyl fences on the other 3 sides of the pond; d) a lighted fountain in the pond; e) in perpetuity maintenance agreement for landscaping, fencing and operations of the fountain, relative to the pond, provided by the owner; and, t) $1,000,000 insurance coverage for liability. 5) Developer to pay 50% of the cost of under grounding of electric utility lines and poles on SR 434 to the western edge of the FOOT pond ($31,825.50). Note: On August 13, 1998, the City received a letter from Florida Power Corporation providing an estimate of approximately $238,000.00 to underground the electric utilities in front of the proposed apartments and FDOT pond. On October 9, 1998, Florida Power provided a letter establishing the cost to be $54,651.00. The developer represents that the reduced cost resulted from pricing he was able to obtain by combining the Courtney Springs Apartments with larger project in Orlando. The owner, at the City's request, had already spent $9,000.00 to underground electrical utilities in front of Kash n/Karry bringing the total outlay to $63,651.00. The City Manager is proposing that the City and the owner split the cost 50/50. RECOMMENDA TION: The Planning and Zoning Board recommended that the project be favorably forwarded to the City Commission for action contingent on the engineering concerns being addressed during final engineering. Further, the Staff recommends that final engineering not be presented to the Commission until such time that November 9, 1998 REGULAR AGENDA ITEM E Page 8 the proposed development agreement is finalized and has the required two (2) public hearings per Florida Statutes, 163.3225. ATTACHMENTS: October 28, 1998 - Verbatim Transcript ofP&Z Meeting October 20, 1998 - City Engineer Memo to Land Development Coordinator October 20, 1998 - City Engineer Letter to Joe Kolb October 12, 1998 - Land Development Coordinator Memo for Record October 9, 1998 - City Engineer Letter to Joe Kolk September 24, 1998 - Public WorkslUtility Director Memo to Land Development Coordinator September 14, 1998 - Comprehensive Planning Coordinator Memo to Land Development Coordinator September 14, 1998 - Code Enforcement Specialist Memo to Land Development Coordinator September 11, 1998 - Glenn Tolleson Memo to Land Development Coordinator September 10, 1998 - City Attorney Memo to Mayor and City Commission August 3 1, 1998 - Building Official Memo to Land Development Coordinator August 3 1, 1998 - Fire Chief Memo to Land Development Coordinator August 10, 1998 - City Commission Meeting Minutes - Kash n'Karry Phase I Environmental Site Assessment - Kash n'Karry Listed Species Report - Courtney Springs Phase I Environmental Site Assessment November 9, 1998 REGULAR AGENDA ITEM E Page 9 - Courtney Springs Listed Species Report - Undergrounding of Electric Utilities Correspondence a) Florida Power Corporation Letter dated August 13, 1998 b) Florida Power Corporation Work Authorization Form c) Florida Power Corporation Letter dated October 9, 1998 d) Florida Power Corporation Letter dated October 9, 1998 e) Sullivan Properties Letter dated November 2, 1998 - S.R. 434 Corridor Vision Plan, New Development Area - Ordinance 489, Tuscawilla Settlement Agreement - Engineering/Landscape Plans - Lighting Plans - Kash n'Karry Master Signage Plan COMMISSION ACTION: ~ .....-- .'~-~::'::~r/ -~ J ORIGINAL /' 2 /' ~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 IN RE: PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY, RASH n'RARRY/ COURTNEY SPRINGS APARTMENTS / BEFORE THE PLANNING & ZONING BOARD OF WINTER SPRINGS REPORTED BY: FRANCES R. DIRIENZO, CSR, CMR Winter Springs Municipal Building 1126 East State Road 434 Wednesday, October 28, 1998 APPEARANCES: MICHAEL D. JONES, P.A. 301 West State Road 434 Winter Springs, Florida Attorney for Kash n'Karry & Courtney Springs Apartments BY: MICHAEL D. JONES, ESQUIRE ASSOCIATED COURT REPORTERS (407) 323-0808 -~ ~ 1 , 2 \ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 I N D E X TRANSCRIPT OF PROCEEDINGS Meeting held October 28, 1998 CALL TO ORDER 3 Pledge of Allegiance 3 Roll Call 3 Presentation of Mr. Jones 4 Presentation of Mr. Kolb & Ms. Veaudry 12 Presentation Of Lee Jensen 48 Presentation of Lori Campbell 55 Presentation of Romulo Castellano 61 Presentation of Henry Goode 63 Presentation of David Owji 74 Motion By Mr. Brown 82 Roll Call 84 CERTIFICATE OF REPORTER 86 ASSOCIATED COURT REPORTERS (407) 323-0808 (... :ii 3 1 WHEREUPON: 2 The following proceedings were had: 3 THE CHAIRMAN: I'd like to call the meeting 4 5 6 7 8 9 10 11 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 to order, Pledge Of Allegiance, please. Would everyone stand. Roll call. THE CLERK: Chairman, Tom Brown? THE CHAIRMAN: Present. THE CLERK: Vice-chairman, Carl Stephens, Jr.? MR. STEPHENS: Present. THE CLERK: Marc Lynch? THE CLERK: Bill Fernandez? MR. FERNANDEZ: Present. THE CLERK: MS. KARR: Rosanne Karr? Present. THE CHAIRMAN: Special meeting, Wednesday, October 28th, 1998 seven p.m. . The regular agenda item is the Kash n'Karry and the Courtney Springs Apartments preliminary engineering and final development plan. Mr. LE BLANC: Yes, sir, Mr. Chairman. You received the package and I would gladly turn it over to Mr. Mike Jones, Esquire. MR. JONES: Good evening. ASSOCIATED COURT REPORTERS (407) 323-0808 ~ 3 ( 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: Good evening, Mr. Jones. MR. JONES: I'll get my bottle out of here. I want to give this Board a little history on this project because, quite frankly, I'm a little bit proud about the way we've handled this matter. This has been going on for somet~me, but these plans I'm going to give you bore you a little bit so you understand what we have done and where we stand with the City and with the citizens. When this project was first conceived we had the grocery store and apartment complex and we decided that rather than waste our time going through the normal process of corning to the City and letting them beat us up and then letting the citizens beat us up when we came to this Board and we go to the Commission, that we reversed the process and we met and presented to the citizens, the neighbors our proposed plan and development. The City I don't even believe ever got to see our initial development, but I'm presenting it to you here as the Master Plan as you can see on your Board we initially took to the citizens. I want you to pay particular attention to the number of units that we have, the total number of units in this -- in this whole site and the number of ASSOCIATED COURT REPORTERS (407) 323-0808 ) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 buildings, note the configuration. You can see my figure here. We had a row or complex at this point and a complex at this point and we had some buildings that we were seeking setback requirements for in the front. We were seeking some parking space variances, parking size and we had a configuration for the grocery store that involved the -- as you can see outlined in the orange here -- the roadway that exited to the south on Vistawilla Drive with two exits and we took this to the -- to the neighbors and I want to add I think some of them are here. Yeah, there they are. And I want to tell you that they have been very helpful. We didn't do everything they wanted and I'm sure they want more and the City wants more, but we've come a long way because these people did work with us. The meeting that we had resulted in a complete new revision. We moved one of the buildings at this point, reduced the size of the building at this point. We changed the configuration on the building at this position and then we met with the -- we had Vistawilla lined up to meet with the entranceway across the street into the subdivision across the street. They suggested ASSOCIATED COURT REPORTERS (407) 323-0808 > 6 1 that that would cause a problem because this 2 subdivision is a gated community and certain times 3 of the day there would be problems with backup. 4 So, we went back to the Board again. In 5 fact, I think we probably went back to the Board 6 three or four times and we revised this plan. We I took the building out completely at this point 7 8 further reducing the density by two and a half 9 excuse me, by a building and a half. We then 10 relocated the road, the roadway pursuant to their 11 request and changed this out parcel and took the 12 roadway out of that so that there would only be one 13 entryway off of Vistawilla Drive. It's offset from 14 the driveway across the street and we put a -- we 15 moved our retention pond into that area. 16 There were some other suggestions and I don't 17 know if they show on this plan, but they suggested 18 They had some that we move the compactor. 19 questions about the playground. They had some 20 concerns about the landscaping. We tried to 21 address each of the concerns that the neighbors 22 gave to us, especially those that lived right 23 behind it. We went out and met with them. We were 24 going to try to save the trees, but they didn't 25 want the parking here. ASSOCIATED COURT REPORTERS (407) 323-0808 ~. 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 So, as you will see on the next plan -- where is the other plan? This is the plan that is up for you tonight for your consideration -- I got you we have now taken the parking spaces out. We have put in the retention pond to the rear to act as the buffer. We are asking for a variance from the landscape requirements to do a little bit more landscaping by putting in the Wax Myrtles which are faster growing, bushier and supposedly will hold ~~ will have an effect also -- have some effect as a sound barrier. We've clustered the landscaping at the end of this building per their request and at this point we have agreed to put in the Wax Myrtles, some 22 of them across there. However, it has been suggested that they might want something else and we're agreeable to working within the same perimeters we have already changed it to and we are not going to close the door insofar as landscapihg it would be up to the neighbors and Commission. We have now agreed with the City then comes the City's requirements. We've made changes. We've got a different landscaping plan across the front and what we are going to do as far as our ASSOCIATED COURT REPORTERS (407) 323-0808 :/.. ;~ 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agreement with the City, we're asking the City to assume ownership of the pond. That pond has been a big problem because it is owned by DOT and nobody wants the ugly pond with a chain link fence. We agreed that we will extend our landscaping from the entire length of this project and across and in front of the pond. We're putting in a a split rail you call it split rail plan -- not you call it a wrought iron fence, but it is actually made out of aluminum and it would have columns all the way across the front with landscaping. As we depicted here -- the City has agreed to work with us in the landscaping and the fencing around the edge. We're going to assume the responsibility for the maintenance of the landscaping. We're going to give the City a liability bond for up to a million dollars to cover the liability aspects and the City gets their pretty front across there and we get to go on with the project. There are only -- there is only one request for a variance on this project -- two. MR. LE BLANC: Three with the trees. MR. JONES: Okay. The change in the ASSOCIATED COURT REPORTERS (407) 323-0808 I 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shrubbery along the rear MR. LE BLANC: That is not in your package, that change in the shrubbery and park -- the parking space size. MR. JONES: Actually, there is one tree per 75 foot required along th~ back an~ we're putting something like twenty-two across the one section and then this cluster. And then there is a variance, we've asked for a hundred fourteen parking spaces for compact cars, parking spaces from a hundred -- ten by twenty to nine by 20. And we got a stucco entry wall here request, change I don't remember what the requirement is -- split faced. And we've asked for the stucco so it would be in conformity with the rest of the building. The buildings will be stucco so it keeps it in the same scheme. Other than that everything is either by the code or for the most part exceeds the code under the revision Ordinance. We have -- let me address the Kash n'Karry. I don't have the last plans. I left Don, can you give me -- I'm sorry. the color plans there. The Kash n'Karry front part we've asked for only one variance there and I believe that is the ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 signage and.that signage is the signage on the building which is, as you know, these people have a building, they use the same cookie cut allover the country and this building is designed for this type sign and they've asked for variance to the signage. You'll see on one of your handouts -- I don't have the page on it, but they've have asked for an additional single tenant with a height of eight point nine feet which is nine inches in excess of the eight foot requirement. And they've asked for a height variance of all store front, the buildihg manage size to exceed a height of 14 feet and then there are some other requests you will find on that page, a memo dated October 12th, 1998 and those are all to keep the building i~ compliance with the store and it's -- whatever they build and the type of store they build. I'm not asking for anything special. It's the same thing they are going to put up -- there's five of these Kash n'Karry stores right now going on in Central Florida. They will all be the same thing and that is by request to make it the same as the rest of them. We've changed the rear to allow the roadway that I pointed out to you awhile ago. We've moved the compactor. You can't see them now. Boy, we ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 really moved them. I don't even see them on here. Where did they go? Yeah, okay. We put the compactors back in amongst the building to buffer the sound. I can't think of anything else. Is there anything else we talked to y'all about that you can remember? A VOICE: That's all. MR. JONES: What we have tried to do is to satisfy the neighbors and their concerns and make this as friendly a project as possible. We have certainly taken heed to what they have requested. As you understand we've started out with two hundred fifty plus units that we could build here under the code and given up 50 or 75 of those units. By reducing those units we've reduced the amount of monies that we can put on frilly-dillys that we would normally have to put in, but we've tried to comply with all of the requests of the neighbors and we've complied with all of the requests of the City. There is no requirement that we do any underground utilities on this project although we have agreed that we will work with the City subject to Mr. McLemore and the contributions are ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 relatively significant that we've agreed to make. Now, what I would like to do, we have the engineers and the architects here. I would like to turn the -- each parcel over and let them -- go over it with them, ask them any questions you have pertaining to the engineering or the architecture. Who wants to take it? You want to take Kash n'Karry? MR. KOLB: I'm Joe Kolb with Bowyer-Singleton. THE REPORTER: Please spell your name. MR. KOLB: Yeah, K-o-I-b. We're here to answer any questions you may have on the Kash n'Karry site. One clarification I would like to make on parking, actually there is a hundred and twelve required parking spaces that we would like to have as compact spaces. MR. JONES: On the apartment complex? MR. KOLB: There is hundred fifty-four total compact spaces we're requesting on that site. Also, if you have any questions about the apartment site we can talk about that, as well. THE CHAIRMAN: Mr. Fernandez has a question. MR. FERNANDEZ: Thank you, sir. ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 Mr. Kolb, I believe it is? Mr. Kolb, you a~e you said with Bowyer-Singleton & Associates? MR. KOLB: That's correct. MR. FERNANDEZ: The plans that I've got, I need your edification that on the Kash n'Karry Bowyer-Singleton is the landscape architect and it appears that on the Courtney Springs Apartments the landscape architect is Canin & Associates? MR. KOLB: Tha t 's correct. MR. FERNANDEZ: On page number eight of nine pages or it should be page number eight because it's really numbered sheet one of one. MR. KOLB: Correct. MR. FERNANDEZ: It says that this architect -- Courtney Springs ContraVest, that this is for bidding purposes only. What does that mean, over on the right-hand side? MR. KOLB: That is Canin's plan. MS. VEAUDRY: That is not filed in. That is just a spot we have. That is just a ~pot on our title blocks. That's just on our title blocks that when we eventually go out to bid we put a date in there and that is just for our in-house records. MR. FERNANDEZ: Okay. And in reviewing MS. VEAUDRY: It's not filed in. ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 MR. FERNANDEZ: plans it indicates In reviewing some of the and the listing of plants ~nd so forth is window dressing and what really counts is the actual plans that are filed. Mr. Jones has made representation about a cluster of trees and there are about 22 Wax Myrtles and so forth, but the plans actually say that the side rear property lines, one canopy tree should be planted per one hundred lineal feet. MR. LE BLANC: Mr. Fernandez, this came under heavy discussion yesterday, this project as you're talking about just a second MR. JONES: Over here. MR. LE BLANC: This was just drawn up today and that was the result of the meeting that we had with the Courtney Springs Apartment ContraVest people yesterday so that, no, is not in your plans and that sheet you have. MR. FERNANDEZ: Is this that is now drawn up what we are calling the plans that are binding? MR. LE BLANC: That is the plans provided that all the agreements are reached in removing the telephone poles -- MR. FERNANDEZ: Are we going to have a Developer's Agreement? ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 15 MR. LE BLANC: Yes,there will be. MR. JONES: That will be the exhibit to the Developer's Agreement and it will be maintained as that exhibit. MR. FERNANDEZ: Okay. MR. LE BLANC: Apologize for you not getting it, but, as I said, this is the first time we saw it tonight. MR. FERNANDEZ: There are 11 buildings. How many units, two hundred and fifty did you say? MR. KOLB: 242 MR. FERNANDEZ: There are three stories. MR. KOLB: 252. MR. FERNANDEZ: Okay. The six foot buffer wall that is on the -- what is the direction -- the southwest side of the property. MR. KOLB: Okay. The rear wall. MR. FERNANDEZ: I guess that is what you're calling it. Looks to be next to some sort of water treatment plant or something on these plans. I'm looking on -- MS. VEAUDRY: Are you looking at the retention plan right there? MR. FERNANDEZ: I'm looking at three of nine. Now, I'm looking -- all right. I got a dumpster ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 area. What am I looking at? This is three of nine which appears to be the Kash n'Karry and I have th~ dumpster area and I got to the left of the dumpster area behind a dry retention pond, behind Tract A, behind out parcel two commercial use, 1.6 acres. All right. It says six foot buffer wall. Keep coming towards me with your finger. What kind of wall is that? What's that made out of? MR. KOLB: It's a masonry wall. MR. FERNANDEZ: Masonry meaning some definition? give me MR. KOLB: Concrete block wall. MR. FERNANDEZ: With stucco? MR. KOLB: With stucco. MR. FERNANDEZ: To match the sides? MR. KOLB: Right. MR. FERNANDEZ: Some of these things say retention and detention. Is that the same thing? MR. KOLB: The dry detention areas are shown as dry retention and the other pond is a wet pond. So, the pond that shows in Karina's plans that are blue, those are wet ponds. MR. FERNANDEZ: I'm looking for a definition of terms. What is the difference between detention and retention? ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 MR. KOLB: Detention is when there's a positive outfall. There is orifice that bleeds down the pond. Retention is there's -- you're depending on the pond to recover through the bottom and the pond size. So, it is dry pond that has under drains. That is what we have on Kash n'Karry. The storm water gets in the pond and recovers through the bottom side of the pond. other is a wet pond, has a positive outfall. The MR. FERNANDEZ: Okay. What -- I know st. John's Regional Water Management District, but what's ACOE? MR. KOLB: That's the Army Corp -- MR. FERNANDEZ: Of Engineers, okay. Okay. On that landscape architect's plan again it has "For Bidding Purposes Only" on it, back to that one. Says "one canopy tree would be planted per island." Now, I understand this new thing is just fresh, hot off the presses on the color board. Point out to me the islands. Where are these's islands you're talking about? MS. VEAUDRY: These are the landscape islands we're talking about in the parking lot. They are required to be every so many spaces and everywhere ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 there is a landscape island there is going to be a tree and that is what we are talking about in the parking lot. MR. FERNANDEZ: Okay. And where's -- the lake is over to the left of that, Florida Department of Transportation Pond? MS. VEAUDRY: The edge of the lake is right in there. MR. FERNANDEZ: You're off the camera. MS. VEAUDRY: It doesn't really show on this plan. Are you talking about the existing lake on the adjacent property? MR. FERNANDEZ: Correct. MR. KOLB: That is the edge of the pond or It wraps up like that. the lake is right here. MR. FERNANDEZ: Okay. Mr. Jones indicated that the City is going to own the -- where the Florida Department of Transportation is putting its retention pond. That is what he indicated? MS. VEAUDRY: The proposal for the City is to take ownership of this area. MR. FERNANDEZ: Who owns it now, you guys? MS. VEAUDRY: The Department of Transportation. MR. FERNANDEZ: And they're going to get it. ASSOCIATED COURT REPORTERS (407) 323-0808 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. VEAUDRY: If the city doesn't own it what we will be left with is a chain link fence with no landscaping and that's the basic DOT pond and they really won't allow anything else and so the idea is to have more of a park like setting. MR. FERNANDEZ: How are y'all involved with the city's negotiations with the Florida DOT. MS. VEAUDRY: I think Mike can address that. MR. JONES: We have met with the -- this DOT's pond has been a real pain. MR. FERNANDEZ: I imagine. MR. JONES: We at one point had the -- we were even going to do our drainage into this pond and they couldn't -- we couldn't do our drainage into this pond because it would have been a private use into a public facility. So, we decided to get the city to take the pond and we do the drain in there and we would in turn give the City the things we're giving it anyway, but it turned out DOT said no even if the private developer drains in the City pond and gives it to the City it has to be used for public use and you can't do that. So, we lost any and all benefit to the developer for the pond, but the idea stuck and initially the Commissioners and the City Manager ASSOCIATED COURT REPORTERS (407) 323-0808 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were opposed to the City taking over the pond, but after we proposed the landscaping -- which we can work a lot better with the City than we can with DOT -- the idea hung and we contacted DOT and they will, in a rather quick transaction, on a public service basis or public use basis for the pond transfer it to the City with an easement to continue to use it for retention. If we -- if it stays in the hands of DOT we have no control over the landscaping. They have indicated that they would allow us to landscape the front and to cover their little chain link fence with Jasmine vines or something like that, but we are going to have a chain link fence and there is not going to be any variation. So yesterday that's why we agreed with the City to go ahead and run the aluminum fencing all the way across which we initially proposed if the City had the pond and we could use it. Here, let me show you what we are talking about on the aluminum fence. And the City is going to require that we have a fence to make this private. It will not be used by -- accessed by this apartment complex. There will be entranceway for the City and for maintenance purposes and there ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 will be a fence around here. What we do with the city later -- we don't know, but on this plan there is no proposal for this facility to use this pond in any way so that it can completely be called a public use purpose for the City and making it esthetics is a public purpose. So, everything seems to be on line, but it is a two step process. First you have to have a buyer and that's the City and we will have to step forward and go to the DOT and get it approved. And the Developer Agreement will set that out. That's subject to the ownership. will do this landscaping. If the City owns it we If DOT owns it we will end up doing this landscaping they will allow us to do across 434. MR. FERNANDEZ: Then answer me a question. I'm going to hand you an extra copy of this old thing that I realize it's -- and make sure I understand what you just said. It shows a right-of-way line, fence line chain link fence type up here on that retention pond? MR. JONES: That's correct. MR. FERNANDEZ: Little section? MR. JONES: That's correct. MR. FERNANDEZ: Are you telling me if the ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 City owns it that chain link fence disappears and there's going to be this aluminum fence? MR. JONES: That's correct. MR. FERNANDEZ: Okay. MR. JONES: What I'm telling you is what you see on the color plan is what you would get attached to our developer's agreement. MR. FERNANDEZ: Yeah, but I don't see trees, other thing where that -- this thing shows a chain link fence. MR. JONES: Excuse me? MR. FERNANDEZ: Right back right in there. MR. JONES: Well, you can't see it from here. There's a stucco there and there and there and because this was done in hurry the little riffle is not -- you will see there is no barb wire hatching across here, column here and here and here. MR. FERNANDEZ: Well, it looks like you got trees over there to where your finger just was, Mike. MR. JONES: Here? MR. FERNANDEZ: Yeah, those big blotches. Aren't they trees? MR. JONES: No, that was -- when we handed this plan in we were going to do the chain link ASSOCIATED COURT REPORTERS (407) 323-0808 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fence with Jasmine and you can see in this plan how it is a little rough around it, supposed to show the shrubbery and the shrubbery didn't come off of this when we put it out here we changed it from chain link fence to the MS. VEAUDRY: What this plan is proposing and what you're seeing here is addition of a palm tree cluster here. MR. FERNANDEZ: Okay. MS. VEAUDRY: And some medium sized trees because we are dealing with power poles and the suggestion would be medium sized trees or Elms, Crepe Myrtles or and we also have incorporated some large flowering shrubs. MR. FERNANDEZ: Why the gap? MS. VEAUDRY: That is where the large flowering shrub passing is going to be in that area, this area in question. MR. FERNANDEZ: Okay. I think that covered the plans, Mr. Kolb. Thank you. MR. KOLB: Thank you. MS. VEAUDRY: There is one other -- there was a question about the rear property line and a screening of that. This is a cross section showing the -- where the single family lot would be, the ASSOCIATED COURT REPORTERS (407) 323-0808 ( 20 21 22 23 24 25 24 1 six foot masonry wall, the proposed Crepe Myrtles, 2 the approximate mature shape of the tree, the dry 3 retention pond and the first thing over on the 4 apartment complex will be a large live Oak tree ~~d 5 the parking lot and this kind of gives you a 6 typical cross-section of what that landscape buffer 7 would look like. 8 MR. FERNANDEZ: Thank you. 9 MS. VEAUDRY: If you'd like to see the 10 signage when we talk about the itucco sign out 11 front, this is a conceptual plan of what the 12 signage would look like. 13 MR. FERNANDEZ: Why do you need an extra 14 sign. 15 MS. VEAUDRY: This is -- it's not an extra 16 sign. This is this project signage for the 17 Courtney Springs Apartment complex. 18 MR. FERNANDEZ: I know, but you're asking for 19 a variance for one additional sign. MR. JONES: No, no. MR. LE BLANC: No, Kash n'Karry. MR. FERNANDEZ: Okay. MS. VEAUDRY: Are there any other questions about the Courtney Springs Apartment complex? MR. FERNANDEZ: Masonry, I like brick. ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 What's the matter with brick. MS. VEAUDRY: Well, our building, this is to match our building so that the project has a synonymous look and it matches. MR. FERNANDEZ: Long term maintenance, though, isn't brick better? MS. VEAUDRY: We've had a lot of success with stucco walls and the issue really is the architecture and the look of the project. Esthetically, you know, we just want everything to match so it looks synonymous when you drive through the complex. MR. FERNANDEZ: Thank you. THE CHAIRMAN: Mrs. Karr? MRS. KARR: So, you we're just representing Courtney Springs information. Who is going to be doing Kash n'Karry? MR. KOLB: I'll answer questions for Kash n'Karry? MS. KARR: Do you have a sign for the Kash n'Karry? MR. KOLB: MS. KARR: No, it's not in your package? I know, but I was hoping to see the colors and -- MR. KOLB: There should by a colored sheet. ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MR. LE BLANC: I don't have that. That is the way the apartments are MS. KARR: going to look? MR. JONES: Yes, ma'am. MS. KARR: Can we get that on the camera. MR. KOLB: I want to explain about the signage real quick on the Kash n'Karry. The additional sign that we are requesting, there is project identification sign here and here and that's going to have the Kash n'Karry and it is going to have the small retail store. And so the additional sign we are requesting -- I'm sorry -- it's here and here. MR. LE BLANC: No. MR. KOLB: Yes. MR. LE BLANC: The project is authorized No. two tenant identification signs and I looked at it a little better than Joe, here and here. This sign will come in once this property is developed. This sign will come in once this property is developed. They are asking for an additional identification sign for the west side, the west entry off of 434. MR. KOLB: Stand corrected. This is a single use sign here and here. are here and here. So, the multiple use signs ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 THE CHAIRMAN: Mr. LeBlanc, the signs, is that a variance, you're giving them an extra sign? MR. LE BLANC: That would be a variance that the Commission would have to grant. MR. BROWN: That's because it's your procedure to do it that way, Kash n'Karry because that is the way the stores are set up. MR. KOLB: Well, they feel, yes, that they need, since they are on two street frontages that they would like to have that identification on each of the street frontages. THE CHAIRMAN: Just a point of interest the Board attended a state Planning And Zoning and different companies like McDonald's and so forth, they are breaking away from their variances to fit into the City codes and I want to get that back to our City manager, Mr. McLemore because more and more we are doing away with variance and staying within the variances and not giving variances as much as they were in the past just because it is a Hess gas station or something like that we are requesting that they bring it down to what we would want in the City to make it look uniform so MR. KOLB: Actually, the signage that we ar$. doing is a little above what they usually do, ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 though. The architecture is in keeping with the architecture in the area. It's in keeping with the building. I wish I had a plan. THE CHAIRMAN: No, I was talking about the number of them. I think that anybody in this area, if there is one sign there they will certainly know there is a Kash n'Karry, to have another on Vistawilla I don't think is necessary. Most people living there going in and out are going to know it is there, just a point of interest more or less. The City is giving a variance. We certainly understand that. MR. LE BLANC: Mr. Chairman, let us not get confused. The variance sign they are requesting is here, the western end on 434. They are authorized two multi tenant signs by the new development guidelines. One of them would be on Vistawilla Drive at this point here and the other would be at this point here. THE CHAIRMAN: MR. LE BLANC: question. THE CHAIRMAN: sign. MR. LE BLANC: Okay. So, this is the sign that's in That is just a Kash n'Karry That would be just a Kash ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 n'Karry sign. THE CHAIRMAN: Thank you. Mr. Fernandez? MR. FERNANDEZ: Mr. LeBlanc, I note in the chronology presented to us on page four this matt$+ went in front of the City Commission August 10th, 1998. MR. LE BLANC: That is correct. MR. FERNANDEZ: Has it ever gone before us on a conceptual plan? MR. LE BLANC: No it has not, conceptual plans are not required to go to anybody. MR. FERNANDEZ: Since we are only advisory to the City Commission and since the City Commission ultimately has the final say-so and since our function tonight is to determine whether or not this plan meets the technical requirements of our various codes, and if it does, to make findings of fact how it meets or does not meet those technical requirements. What did the City Commission think of the conceptual plan? It doesn't do us any good to make recommendations or approve if the City Commission is going to give us a thumb down. MR. LE BLANC: They thought of it in a ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 favorable light. MR. FERNANDEZ: Was there any minutes from the meeting that we can get hold of it or was it one of those things where it was presented and they accepted the consent agenda? MR. LE BLANC: I assure you itPwasn't consent agenda. it out. I may have minutes if you want me to check THE CHAIRMAN: If it's possible for us to get a copy of the minutes for our consideration? MR. JONES: I'm glad you brought that up. What had happened an issue had been raised a couple of years ago that under the settlement agreement that governed this property that this use might not be allowed, apartment complexes. And that was a primary purpose of the meeting was to get the Commission to consent to -- and order a legal opinion that this property could be used for the apartment complex and we did get a letter, maybe, it's in your package. There's a letter from the City Attorney that it 1S in compliance and is of a use that we could use. And the other and the reason we had to get that we didn't want to spend twenty or thirty or a hundred thousand dollars on engineering and ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 planning and designs and somebody say no you can't have an apartment complex there. That was the whole purpose of the conceptual meeting. It wasn't really to review the plans. We did look at the plans and there were comments made or even changes made after that meeting but the other thing asked for them to consider was the pond and at that time whether we would go forward with our plans to landscape and do something about the pond or if we would abandon the idea of the pond. So, if they give us a consensus vote that they approved the concept of the apartment complex and the shopping center and the pond and that's the bulk of the meeting. MR. FERNANDEZ: Thank you, sir. Mr. Jones, I'm looking at several items, one of which, of course is the Ordinance 489 which incorporates the settlement agreement and another thing I'm looking at is the City of Winter Springs Vested Rights Special Use Permit VR9301. Rights Special Use Permit is from Vision Developers, Inc. or any successors in line. Vested Does the owner and I can look it up here. Did they buy this are they a successor or assigns of Vision Developers, Inc.? Are we dealip~ ASSOCIATED COURT REPORTERS (407) 323-0808 -. '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ( 32 with this Vested Rights Permit? MR. JONES: Yes, sir. MR. FERNANDEZ: Okay. MR. JONES: This is exactly the same situation we had across the street with the other development. MR. FERNANDEZ: Hess. MR. JONES: Yes. MR. FERNANDEZ: All right. In the Vested Rights the property in question is Parcel 14C, Parcel 15-1, 15-2 and 15-3. What are we dealing with here, 15-1, 15-2 or 15-3. MR. JONES: It is not laid that way in the agreement. I don't think it is laid out as different tracts, isn't it? MR. FERNANDEZ: All right. The reason I'm asking that it clearly identifies 15-1 is commercial. 15-2 is moderate density residential and 15-3 is urban density residential. MR. JONES: What you have to understand, one of those sections -- I don't remember which one it was, was actually the supdivision that has been developed here. That residential unit behind the -- the neighborhood these people are from, Howell Creek. Yeah, Howell Creek was also part of ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 this settlement agreement and the question was because it said commercial, was an apartment complex commercial or was it residential? MR. MALAVE: All of this is Tract 15 of which the northern -- my name is Ray Malave, M-a-I-a-v-e, Bowyer Singleton. I'm involved with all Tuskawilla -- the original parcel of Tract 15 includes everything that abuts 434, includes Howell Creek Reserve and Eagle Watch and also includes the commercial parcel there where the Hess was developed. The southern half has been developed into what is now Howell Creek Reserve. The northern half, small portion of it is single family located on the western side of the conservation lake area where the fire station right in this vicinity is where the fire station is going to be for the City. That was parcel lC-IA. This one right here is lC and that's the current designation of this parcel, Tract 15, Parcel lC if that helps any. MR. FERNANDEZ: Don't have a lC, but it says 15-1 is commercial. MR. MALAVE: That is exactly what this one is, 15-1. It has been divided up in A, Band C's. MR. FERNANDEZ: Are you telling me that three ASSOCIATED COURT REPORTERS (407) 323-0808 '. 1 ( 2 3 4 5 6 7 8 't- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 story, two hundred fifty apartments is commercial? MR. MALAVE: When we went to the City Commission which Mike I think explained a little bit one of the things we were asking is could we put in this commercial zone apartments. The City Commission together with the legal staff indicated that was possible. Therefore, we proceeded in developing the things we have before you. MR. FERNANDEZ: I will leave that to those higher beings that know what they're doing. On the Settlement Agreement,. Ordinance I should say under Section 4 it says that: "The maximum allowed number of dwelling units per gross residential acre for multifamily dwelling units within the Tuskawilla PUD is waived to the extent permitted under the agreement upon recommendations from the Planning and Zoning Board." Now, if I read that correctly then this Board has to make some recommendations to the City Commission and I think -- I don't know whether we got the cart before the horse or not. This agreement seems to indicate that they should have corne to us. MR. JONES: Are you reading the Ordinance? ASSOCIATED COURT REPORTERS (407) 323-0808 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'~ reading the ordinance, MR. FERNANDEZ: Section 4, page four. MR. JONES: That ordinance is not applicable. MR. FERNANDEZ: Seems to incorporate adopting the settlement agreement between the City of Winter Springs and Winter Springs Development Joint Venture Providing for a development order and amending Annexation Ordinance 64 waiving multifamily dwelling unit density limits pursuant to our codes. MR. LE BLANC: Which ordinance is that? MR. FERNANDEZ: 489, page four, Roman Numeral IV. If I heard you correct the City Commission and City Attorney has already approved multifamily in this commercial area and we haven't had any recommendations from P & Z. I sort of feel left out. A VOICE: This was one done many years ago. The waiver was entered into it. MR. FERNANDEZ: The ordinance is done in '90. The Vested Rights Permit is '93. MR. LE BLANC: If I remember correctly the maximum number of units per acre probably was sixteen multifamily units and that ~s what ASSOCIATED COURT REPORTERS (407) 323-0808 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 addresses it can have more. Because if you notice where st. John's Landing is if you look at the Marina site in the PUD it had where we now have 31 or 32 single family units it could have had 166 multifamily. Where the Reserve at Tuskawilla has 92 units they could have had 1,480. MR. FERNANDEZ: Maybe, I can short-circuit it. What recommendations do we need to make to comply with this settlement agreement section, Roman Numeral IV, page four of Ordinance 489. I don't believe you have to do MR. LE BLANC: anything. MR. FERNANDEZ: Okay. MR. JONES: At the very best, Bill, I think it would be that you agree with the City Attorney's -- what do you call it, I guess, legal opinion. MR. LE BLANC: What 489 does, basically, is adopts the settlement agreement. MR. FERNANDEZ: Put's it in superfluous language. MR. LE BLANC: Puts it in attorney language. You and Mike can talk about that. MR. FERNANDEZ: Right. MR. LE BLANC: That is what 489 does, adopts ASSOCIATED COURT REPORTERS (407) 323-0808 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the settlement agreement Court Order. I want somebody MR. FERNANDEZ: All right. to talk to me about Eagles. MR. KOLB: We requested a letter as Mr. LeBlanc asked us to get, a letter from the Florida Game And Fresh Water Commission. We spoke to them about the letter saying our project would have no impact. That letter has been written. It is on its way to you. You will get a copy within the week, says that this project would have no impact on the Eagle that is out there. THE CHAIRMAN: Okay. Who is that corning from? MR. KOLB: Florida Game And Fresh Water Fishing Commission. MR. LE BLANC:. Mr. Fernandez, most of the Eagles in that area are citified and they are accustomed to -- MR. FERNANDEZ: City Eagles and Country Eagles. MR. LE BLANC: That is right. There was an Eagle on the southeast corner of Parcel 15 when they where building Vistawilla Drive. His name was SE-04. The letter carne back and said he was accustomed to urbanization, must be a City Eagle. ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 MR. FERNANDEZ: Okay, thank you, Mr Chairman. THE CHAIRMAN: Is there any other comments by Is there any other presentation on the Commission? Kash n'Karry? If not -- Mr. Stephens? MR. STEPHENS: Yeah, I do have -- I was going to ask about the Eagles, as well. Just how far away is this from the Eagle's nest? MR. MALAVE: The radius of a thousand miles -- thousand feet doesn't even come across this area right here trying to point right there. So, the radius of a thousand feet from the original nest which was located in Vistawilla doesn't come near Eagle Watch. Doesn't even come to Vistawilla.' We're not even in -- so, the one thousand feet influence that the Fish And Game Commission puts on construction. THE CHAIRMAN: Okay. Now, but in Florida the secondary zone encompasses an extending seven hundred fifty feet out from the primary zone, one thousand five hundred feet from the nest. MR. MALAVE: If you're aware last year the secondary zone was eliminated from the federal guidelines. MR. STEPHENS: I'm reading this packet we ASSOCIATED COURT REPORTERS (407) 323-0808 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 got. MR. MALAVE: That was eliminated last year. There is an abundance of Eagles now, that it is not really an endangered species like we thought so reduced some of the requirements. That is why the letter coming from Jim Palmer, Fish and Game Commission will indicate we are not having any concerns or problems with building this project. I have one more question. If MR. STEPHENS: this deal falls through with the fence around the retention pond and we have to go with the chain link fence is there any thought given to maybe making that a vinyl coated chain link fence, the green type. MR. JONES: If the deal falls through you got to deal with DOT, not us. So they are going to put up what they put up. ,We are still trying to work ~ deal with DOT that we will put in -- they will allow us to put instead of green, black vinyl chain link fence and allow us to do -- the plan you have in front of you was really going to be a DOT fence without aluminum in it, chain link with shrubbery and Jasmine on it, but DOT insists that their fencing, if they own it, has to be chain link. MR. FERNANDEZ: Mr. Jones, while you are ASSOCIATED COURT REPORTERS (407) 323-0808 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there and with the Chairman's permission is this property located within the Tuskawilla Beautification Project area and does it meet its requirements? MR. JONES: I don't believe it is. It is outside of the -- THE CHAIRMAN: Is it part of the PUD? MR. JONES: Yes. THE CHAIRMAN: Well, then it is part of Tuskawilla -- It is part of Tuskawilla. I MR. JONES: don't think it is part of the beautification plan, isn't it? MR. BROWN: The homeowner's are here tonight. They are eligible to belong to the Tuskawilla Homeowner's Association, I'm sure. MR. LE BLANC: I think, possibly, Vistawill~ Drive will be. I can't answer -- everything that's in PUD is not in the Beautification District. For instance st. John's landing is not in there. Arbor Glenn is not in there. It is very good possibility -- I have not attended the meetings. do not know the District, but I would say, probably, Vistawilla Drive the entryway there is probably within the Beautification District. I ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 THE CHAIRMAN: I guess for my own clarification I have to really rack my brains. I served on Planning and Zoning Boards back when Tuskawilla PUD and Tract 15 and all this was being shifted around from commercial to the single family to commercial family owned. This is the same area we are talking about that we went through in the 90's and back and forth is that true, Mr. Jones, when all of the discussions were about not putting Vistawilla through as I remember you were here at some of the meetings. MR. JONES: I don't recall any of that. I was not involved in that. THE CHAIRMAN: I know you were at some of the meetings. MR. JONES: Only time I came to the meetings, sir, is when I was involved in a lawsuit. The lawsuit had to do with development of Howell Creek Reserve and some of Eagle Watch into -- THE CHAIRMAN: Okay. You probable know as much as I do, you know, vaguely MR. JONES: Even that plan I was here on which involved the 52 acre burrow pit we were going to dig. THE CHAIRMAN: That is where I know you from, ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I I 25 42 the burrow pit. MR. JONES: Vistawilla Drive was still shown on that plan and also still residential development on that plan. THE CHAIRMAN: Yeah. MR. JONES: Matter of fact, it was built. That's right. THE CHAIRMAN: That's correct. No, I'm trying to you know get my time -- MR. JONES: Yeah, it is kind of interesting we would be back here -- THE CHAIRMAN: It's ten years. MR. JONES: These people here they just moved into this area, Howell Creek and Eagle Watch. They weren't aware we had this low, low density project with 50 acres of public lakes for everybody and we lost that. THE CHAIRMAN: I know it is -- I was telling Mr. Fernandez earlier it is a come down on where we were at that time. There was going to be thousands of apartments going all the way up to Tuskawilla. If I remember correctly we did a lot of jumping and screaming and carrying on. Okay. MR. FERNANDEZ: Need to get public input. THE CHAIRMAN: I'm still trying to think what ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 else is -- Miss Karr? MS. KARR: I have just a few questions. Is there any reason why the developer chose Kash n'Karry to pair with this apartment complex? MR. JONES: Yes ma'am. contract first and the money. They corne up with the MS. KARR: How does it -- I mean I don't know how this is going to sound but what type of clientele MR. JONES: That is a good question. I'm glad you asked that. This is a prototype of store. Kash n'Karry moved into this area -- they had moved into Tampa. I don't know if you have been to Tampa lately. They have a number of stores and their stores compete with Publix and the larger units you see here with a pharmacy. liquor store -- it has It has a deli. It has a this facility has would have all of the things you have at the larg~ It is a large store. They are Publix stores. building five. How does it rank? I don't know where you shop. It ranks right up with Publix, Winn Dixie and Albertson's. MS. KARR: Okay. What about Food Lion? MR. JONES: Well, Food Lion owns Kash ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 n'Karry. MS. KARR: Oh, what a surprise. MR. JONES: You don't shop at Food Lion? Okay. Well, everything changes, but the store itself and the location and they chose to put a nice facility in a nice neighborhood. So, I would expect that they expect to draw the clientele from that neighborhood. MS. KARR: My other question has to do with traffic flow and has there been any traffic study done on how the traffic from Vistawilla going into 434 is going to be impacted by the customers and the residents of the apartment complex. MR. JONES: Yes, ma'am. There have been. Traffic studies have been done and the studies and the City engineers have worked with our engineers on that traffic study. And that is why we initially had concern -- the City had concern about the removal of the driveway on Vistawilla. They wanted to line it up which made sense to us anyway, but they acquiesced and allowed us to move it to keep the neighbors happy and they, likewise, recognized as we did there was a traffic problem created at this point caused by the -- yes, the ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 traffic flows internally and traffic flows on 434 and Vistawilla have been studied and those have been submitted to the City. MS. KARR: Has the City considered the mix of the residents that are in the gated community and the type of store Kash n'Karry is? MR. LE BLANC: Uh, that if you would look at 489, Ordinance 489 if you would go into the back and it tells you by Court Order all of the uses allowed. We stopped at -- I think we almost go through the alphabet twice. We stop at CV and those stores are allowed use through the court ordered settlement agreement. We basically don't have very much chose because this is in the document that was approved by the City Father's at the time and the judge and what have you so it is an authorized use. THE CHAIRMAN: I have a -- MS. KARR. Go ahead. THE CHAIRMAN: I have a generic question. MR. LE BLANC: For who? THE CHAIRMAN: For you, Don. MR. LE BLANC: Okay. THE CHAIRMAN: We have done a lot of work on the 434 corridor and we keep hearing about the ASSOCIATED COURT REPORTERS (407) 323-0808 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 retention pond and chain link fence and other things. Do you know Mr. McLemore's feeling on this? I know how strong he is about keeping the 434 corridor with eye level beautification. MR. LE BLANC: The plans you saw drafted up was a result of Mr. McLemore meeting with ContraVest people and Mr. Yeager and Mr. Jones yesterday and his intent if at all possible is that the City would take over the pond to prevent DOT from putting its monstrosity there along 434 with green vinyl fence and nothing in front of it. THE CHAIRMAN: I wouldn't think -- and I know it is a little larger, but it seems to me and if I remember correctly that Hess also has made some arrangements to keep that beautification. So, I would think this would be able to work out. MR. LE BLANC: If we get control of the ponQ it will work out. If we don't get control of the pond DOT does what it wants as it usually does. THE CHAIRMAN: Yeah, I see most of the Commission -- in the minutes you gave us, most of the decision was on the pond and that area. You know, they seem to be pretty highly concerned about it, also. ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 I 13 , 14 15 16 17 18 19 20 21 22 23 24 25 47 MR. JONES: This is a little off the subject addressed, something you mentioned about the legislation. You recall we agreed in the Development Agreement that we would make the sidewalk meander? THE CHAIRMAN: Right. MR. JONES: Well, that got to DeLand and it will be a straight sidewalk. THE CHAIRMAN: Okay. MR. JONES: And there is nothing you can do about it. That's what McLemore brought up yesterday. He asked us would you rather deal with the City or DOT because you can't this is kind of a mutual agreement here that is' a marriage that will be good for both of us. You want it and we would like to have it, too. THE CHAIRMAN: I know he was certainly working in that area, you know and like you say we can't tell them. Nobody is going to tell them what to do. Anything else? If not I will go into the public input. I would like for you to give your name and address for the record. Mr. Jensen first, please. MR. JENSEN: My name is Lee Jensen. I live ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 at 134 Nandina Terrace in Howell Creek Reserve. I'm the Vice-president of the Board of Howell Creek Reserve Association. We're still under builder control, but I'm on the Board with the builder. We have worked with Mr. Jones for several months. He has made many concession to the plans, no doubt about that. He's met with the homeowner's once prior to the initial meeting with the Commissioners and on October 5th the homeowner's met one last time to go over the plans and some of the issues. We have basically five issues, probably, four issues after today. The first one is we are still concerned with the building located 39 feet within the property line. That is pretty close to the homes that are there and while the landscaping is supposed to be mature landscaping we don't know -- and it's supposed to be clustered we still cannot visually tell how we would be blocked from that building. Thirty-nine feet is not far from the residents that back up along there. There is no trees or anything. Right now it is clear, open between the backyards and that building. So that was still a concern. The landscaping was a concern. We said we ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 would agree with Wax Myrtles. We talked to a landscaping professional and he thought, maybe, there was an alternative and Mike I think is Possibly we could still discus keeping that open. with him. We had asked for the residents, there's about five or six lots that backup to the complex. We asked for an eight foot wall in a letter -- this is all in a letter to Mr. Jones, our concerns. We were hoping to, maybe, go from six a foot wall to eight foot wall, possibly. Of course the wall will be stucco. That won't match with the red brick in front of Eagle's Watch. The new wall that we are building along Howell Creek Reserve, our entrances probably will not match with that wall that wall that will be going up on the beautification. So there is a difference there. There was discussion with the Commissioners and we just put in the letter they had asked they had asked if it's going to be a gated community and we were hoping ourselves that. Yes, it is upscale. There is supposed to be police officers living in there once it is occupied but we are wondering if it is really to going to be upscale, if it could be a gated community. So, it ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 is residents only and we ~re a gated community where we live, too. And the last one I can't get an answer is the lighting. We don't know the lighting in the parking lots, how that will affect us. Supposed to be shoebox type lighting. I don't know how much lighting is going to corne over into the community. And those are basically the concerns that we addressed with Mr. Jones and he wrote us back whether he can or can't do it. We just want to make it known. THE CHAIRMAN: Is that the lighting in the apartment complex or lighting in the Kash n'Karry parking lot? MR. JENSEN: Yeah, the parking lot lighting. THE CHAIRMAN: In the apartment -- MR. JENSEN: Yeah, the parking lot light, yes, on the other side of the retention pond. It is that shoebox style lighting. I don't know if that is down lighting. We still don't know what kind of effect that is going to have. THE CHAIRMAN: Okay. Anything else, sir? MR. JENSEN: No, that is it. THE CHAIRMAN: Thank you very much, appreciate you corning forward. ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 51 MR. JONES: May I address some of those things? THE CHAIRMAN: Certainly, sure, certainly you can. MR. JONES: In the tree he is talking, about and I didn't tell you, number one, the City doesn't allow an eight foot wall. We litigated that already. You remember. So, we can't do an eight foot wall. That is also against code and it costs the City a couple hundred thousand dollars the last time we got into that little deal if you remember over Dunbar. Secondly, the architect probably didn't take into consideration this is fully, weekly maintained area, the lawn maintenance crew which we agreed to do the maintenance in the City bond and, obviously, we would be doing the maintenance. So, you're architects concern that the Wax Myrtles would die out and thin out may be correct. They may die out, but because of the landscaping program we have, the maintenance program we have they will be replaced. That is part of keeping your business going. You just don't let them die and not replace them. MR. JENSEN: He wasn't saying dying out. He said -- what he said is that at five years old, six ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 years old then it gets thin and there would be less dense and that's what he was saying. Well, it will be dense for, maybe, four or five years as time goes on it's less dense. MR. JONES: Well and that is -- that's correct if they are not maintained. I mean I've got two on my back porch. They are pretty dense because I maintain them, fertilize them. The point is that it's a maintained area and if a tree dies in your backyard or thins out it's going to be replaced. We don't want an ugly tree there either and we want something that serves the purpose. MR. JENSEN: It's going to be a commercial association would be maintained by -- MR. JONES: It's not an association. It is maintained by the apartment complex and the people. The security part of it there was some concern voiced by the Commission and we don't want a gated community. I mean your community is gated and it is open all the time. So, we don't want a gated community there. It doesn't serve in the apartment complex, but we have committed to putting in uniform police officers. We provided them a place to live and they provided us security. ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 53 And on the lighting that was brought up, too, before the Commission and I can't tell you anymore than what we told them. Again, I sent you copy of the type lighting and you're telling me it is down lighting, but if you can go to one of these complexes we have around town and check it. I invite you to do that. Where is the one we just had up here the other -- down south -- which one? A VOICE: Waterford Lakes. MR. JONES: Did you go by and look at that? MS. CAMPBELL: It is huge. It is three stories. It is big. MR. JONES: Okay. particular points. I am just addressing those THE CHAIRMAN: Okay. Thank you. Mr. Jones, while you are there where is this -- maybe, we -- you can help me out. Where is this 3gB? MR. JONES: This unit right here, sir. This unit here. I want to show you -- well, we -- THE CHAIRMAN: I know you mentioned that you moved one. I didn't want you to have it resolved before I asked you about it. MR. JONES: Oh, I don't have the initial one's. That is here, but on the first plan that we ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 I 13 ( 14 15 16 17 18 19 20 21 22 23 24 25 54 had there was a pond here. It is -- you see this building here, that building is considerably more than 39 feet and that was the way we planned it, designed it. You look up here at the pond, point one nine acres is the size of that retention pond which allowed us to move that building away from the baseline. You look at the plan we have today, size of the pond, it is twice that that's required by your code and your Water Management District in necessitating because we couldn't deal with DOT oh, we considered this concern of these people early on and would have left if there, but we -- you can't have everything. It is their request that we move the retention area back to this point and we did move the retention area back where they wanted and this retention area had to stay bigger which necessitated the move of the lake. There is certain setback on the retention. So, we considered that and we set up the way they wanted and we had to change it. That was not our doing. THE CHAIRMAN: That building is actually 39 feet way from the MR. JONES: Yes, sir. And I think their concern -- and certainly appreciate it. All we can ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 tell you is we are going tOo give you 12 foot high Wax Myrtles. If you have seen 12 foot high Wax Myrtles they put out a pretty good bush. I can't tell you what we will -- are going to do at the end of this building because we don't know what you can buy, how fast you can get it in and how fast you're going to grow, but I told them we will work with them on the type trees they wanted there. I don't know what they want. We offered to give them fast growing trees. Now, we can put the type called fOr under the code. They don't grown very fast and they don't give much cover, or we can give them we know the Wax Myrtles and also point out that at the end of this complex -- on the end of the complex which would be this end would be facing their property it is only two stories. So, we've accommodated that concern. We have a window on this side, one on the other side but we have accommodated the two story on this end. THE CHAIRMAN: Okay. Thank you. Okay. Lori Campbell, please. MS. CAMPBELL: I'm Lori Campbell. I live at 118 Nandina Terrace and I'm a resident of Howell Creek Reserve. First, I would like say I appreciate Mike Jones and the developer bringing ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 these plans initially to the community and giving us the opportunity to give some input. However, some of the concessions that were made were not because the community asked for it. They were forced because DOT didn't allow them to use a public retention pond. It only made good business sense to put a retention pond to buffer us, otherwise he would have our whole neighborhood here complaining about this. This is my first experience with City government. I do feel like you have been left out of the loop if I might say that. I'm a little disappointed that things aren't complete in the plans they brought before you. I feel like it -- they kind of wasted, your time. THE CHAIRMAN: It is preliminary engineering. We get an a lot of preliminary engineering. to go through again. MR. CAMPBELL: Oh, it will come through you It has again? THE CHAIRMAN: Doesn't come through us again. It goes to the City Commission, but they are a little more stringent than we are because we are we follow the City recommendations. We have to follow -- we cannot -- we certainly understand the ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 input by the public, but we can't let those feelings emotionally change us. We have to go on what the law of the City is for Land Development Codes and restrictions, you know signs and variances. They're the things that we look at. MS. CAMPBELL: Well, I have some concern I wanted to point out which our Vice-president already mentioned the one 39 feet from the property line. It is a three story building. Our community, our houses range from 175 even up to 300 plus and we're putting in what is called a luxury apartment complex, but the market will demand what is considered luxury. The rentals they are asking is not what I consider luxury. I do hope all of you would go down to Waterford Lakes and look at this apartment complex and think about it seriously before you make approval for it to go on to the Commissioner and if this is actually something that we want in Tuskawilla which is an upscale community and we are going to put in apartments that are going to bring down property values not only in Howell Creek Reserve, but in Chelsea Woods, all the homeowners along Vistawilla. but -- I can get off my soapbox on that ASSOCIATED COURT REPORTERS (407) 323-0808 ;f ( 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: You could ventilate. That ;is why we are here. MS. CAMPBELL: I do have some direct questions for Mike Jones or the architect I do want them to the answer. The stucco wall or masonry type wall that they have planned along the residential property which is the back end of Courtney Springs. Right now they are saying masonry. Will it be finished on both sides? MS. VEAUDRY: Yes, it will. MS. CAMPBELL: And the masonry wall near the pool will be finished on both sides? MR. KOLB: Yes, it will be. MS. CAMPBELL: I would hope that the Planning and Zoning Board would make a recommendation that those two areas are brick rather than stucco. They are areas that do not -- aren't apparent I guess to the apartment resident, but it does have impact on our community. Our community has a brick wall in the front and as we finish it out it will be brick all the way around to our pool where right now we have planned a stucco wall. To make it more uniform on our benefit that wall should also be brick and it will be esthetically pleasing to anyone driving down Vistawilla brick wall verses a ASSOCIATED COURT REPORTERS (407) 323-0808 19 20 21 22 23 24 25 59 1 stucco wall. 2 I am concerned about the apartment lighting 3 and the overflow that was already brought up. If 4 that -- I don't know how -- if that will be 5 addressed here or not, but I would like you to know 6 that our community, especially the seven homeowners 7 that actually are adjacent to some of this 8 property. And I also just wanted to bring to your 9 attention that the plat of land that has the four 10 apartment buildings closest to the Howell Creek 11 Reserve Community is only like 340 feet wide; is 12 that correct, Mr. Kolb? 13 Mr. Kolb: (Nods head.) 14 MS. CAMPBELL: And if you can visualize 15 putting four three story apartment buildings in 16 that small piece of property I mean that is a lot 17 . to put in that area and have it adjacent to the 18 residential community that is upscale and gated and it will have a direct impact on our community. Did they actually tell you the rent on the apartments? Did they give you the information? MR. STEPHENS: No. MS. CAMPBELL: I do have that information if you would be interested in knowing it just to let you know what an upscale apartment or what they are ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 calling upscale luxury apartment is. MR. FERNANDEZ: MS. CAMPBELL: Three hundred fifty a month? That's luxury to you? ut oh, we are in trouble here. MR. FERNANDEZ: A little humor there. MS. CAMPBELL: I'm trying to think what else. I want to answer you're question with regard to Kash n'Karry. I think it is a concern of the whole community that Kash n'Karry is not one of your better grocery stores. It is owned by Food Lion. I suggest that you do your research on Food Lion. It was rumored that they were trying to get rid of Kash n'Karry and I'd really be concerned that, maybe, it won't last very long, maybe not. Do your research. Thank you for giving me your time, appreciate it. THE CHAIRMAN: Okay. Thank you very much and again, like I said, where we are tied into would be looking at a lot of the technical issues. A lot of your concerns as I know -- I was highly involved with Tuskawilla many years ago and the Homeowners Association. I can understand the upscale neighborhood, a lot of things that can happen and, of course, I see this a lot different in the fact that what it was going to be ten years ago and when ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 you move into a developmen~, gated community you don't realize apartments or other things are going to go into those areas. There are a lot of concerns you certainly ought to bring forth to the Commission and make sure they are well aware of it and I think they are well aware and like you heard Mr. Jones say early between single and eight foot walls there is requirements that we know and if they meet those requirements as recommended by the City to us, we look for other issues to further the City to look into, but as far as the wall I'm sure that whether it is brick or stucco as long as it meets the wind requirements and it is proper height and so forth -- I remember those are things we look at a lot. I want you to understand that we are not not hearing. We certainly are hearing you. We want you to know that. Mr. Romulo Castellano, please. MR. CASTELLANO: My name is Romulo, R-o-m-u-I-o, Castellano C-a-s-t-e-I-I-a-n-o. I live in 113 Nandina Terrace, Howell Creek Reserve. I want to bring to your attention, obviously, you have seen the plans, all the plans are very flat and it's difficult to picture for people how it is going to look from the outside. There is a very ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 ) 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 62 good example not far from'here on 417, toll road, if you go down Red Bug you will see a mammoth si~e apartment complex, three store building next to a one story building which I don't know what it is doing next to it, but I hear about esthetics when they were looking for variance on the signage and my question would be what about esthetics concerning one story building against a three story building which is mammoth in size. I think if you have a chance please take your time, take a look over there. It has been said before and I want to bring this again for the most part all of the residents that live in Tuskawilla have chosen this community as a place of residency. They have investment of their life investment is going to be their home and they want to protect their prices somehow. This community that is going to be developed, this apartment complex plan is going to drop down the prices as Lori Campbell said before and something we will be interested to look something that nobody has mentioned is how's the apartment complex going to maintain their upscale look. Usually, as an apartment complex around the City with competitive price that attraction of ASSOCIATED COURT REPORTERS (407) 323-0808 ( ( 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 apartment complexes will start decaying, soon prices will fall and that type of people that would be moving into the area would be decaying, as well. I just want to finish saying that the City of Winter Springs should belong to the residents and that development should be according to what the people want to see of their City and it is up to you, basically, to decide what is the best for us. We hope we were not mistaken when we decided to move here. Thank you for your time. Thank you, sir very much, THE CHAIRMAN: appreciate that. Mr. Henry Goode. MR. GOODE: Good evening, my name is Henry Goode. I live at 120 Nandina Terrace and I have one of the properties adjacent to the apartment complex. And what I'd like to bring up, once again, I would like to reiterate our concerns for the esthetics of the project to make sure that -- not only for the houses that are adjacent to the property, but everyone who has to go by the properties will benefit by the landscaping that ha$ been proposed. One of the things that we, unfortunately, don't get to look at too much is -- I'd love to see ASSOCIATED COURT REPORTERS (407) 323-0808 ( i I 19 20 21 22 23 24 25 64 1 the size of the apartment complex here. We get a 2 nice view you can see the approximate size of 3 the car, but I would expect the apartment complex 4 would be rather large. This is many things we are 5 concerned with. 6 As Romulo mentioned these are large 7 buildings, large buildings that's probably about 8 six feet in height. That is about 12 feet in 9 height so we're starting off with 12 foot shrubs. 10 We have the majority of the building still sticking 11 up. So, we want to be sure when we're addressing 12 the landscape architecture that we're truly 13 addressing the full esthetics, not only that it is 14 pleasing and it is very well done. However, we 15 would also like to know what will be clustered next 16 to the building, how much of the building will be 17 visible from adjacent streets. Those are the 18 esthetic questions that trouble us continually and even though we are very grateful they worked with' us, come to us and they have been working with us all along still have a few of those issues to address. One, for example, is the fence along the back, talk about a six foot masonry fence, but there is currently a six foot wood fence back ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 65 there. I've heard that, well, perhaps, this would be in place of that. Well, I'm not sure all of the people along the fence would go along with that and it certainly hasn't been discussed with all of the property owners. So, we do need to set their fence back. You have to maintain it. If you are going to have two fences parallel it has to be maintained. So how is that going to be addressed. Again, I want to consider the esthetics. Today is an auspicious day. As many of us know we got our tax assessment for our property today and so this esthetics is what we are paying for in Tuskawilla. We don't pay the cheapest taxes. We have great schools and great city of Winter Springs I'm contributing five hundred something dollars to this year. I want to make sure the City of Winter Springs does take into consideration the esthetics of my home directly behind one of these monsters as one of my neighbors calls them. So, let's take a look at the whole issue before we do anything. Thank you for your time. THE CHAIRMAN: Thank you, sir, appreciate that very much. I would like to repeat for the people that gave public input because it is very ASSOCIATED COURT REPORTERS (407) 323-0808 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 1 important. You people you want to express your views. We hear them. We certainly understand and that is what we are going to hear in the next few minutes is what would or would not fall under the City code and the rules and regulations, but I think it is very important that you express your concerns. I know from the minutes some of you did and some did not to the City Commission, but these are elected officials. We are volunteers, appointed officials up here and we work with the City and City's recommendations. We get into discussions with the City on many occasions, but the City keeps us in line with what the regulations are and we know the codes of the City. As you heard Mr. Fernandez -- he is an attorney by trade and he certainly does a good and a fine job going through all the issues that go before us and very few things do slide by us that is in the code, but I would recommend very highly that you make it visible to the City Commission when it goes back to the City Commission your circumstances. I certainly feel what they are and I know what they are and basically that is my little scenario to you from the experience that I've had ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 with issues -- have had to take on hand and Mr. Stephen's is the President of the Association on the Ranchland area. So, he is familiar with a lot of things that you people are and we are all past Presidents of some type of homeowner's association. We'know these feelings and again we want to express to you we highly understand what the City brings to us and we look to the City to bring us the proper recommendation and we worked with Mr. LeBlanc many years and he has done an outstanding job working with us when we are favorable and unfavorable to some of his requests. Is there anything else from the Board you would like to bring up at this time now that you heard the public input? Mr. Stephens? MR. STEPHENS: I have a question about the concern about the fence making the part -- the fence that is adjacent to Howell Creek Reserve if they would consider making it brick to please you people living in that area. Is that a possibility? MR. JONES: Well, as Mr. Goode said he put five hundred dollars in the City last year. I'm proud of him for doing that. We are fixing to put a quarter of million in there. Why have some AS SO C I ATE D CO U R T R E PO R T E R S ( 4 07 ) 32 3 - 0 8 0 8 ( I ~ 68 1 rights, too. Give us back the buildings we will 2 put a complete brick fence around the whole thing. 3 You could only just squeeze so much blood out of 4 this turnip. You got it all. It is economically 5 impossible for us to put a brick wall, just 6 impossible and maintain the other things you 7 require us to do and we -- if we had back that 8 other building and a half we have another story to 9 talk about. We have more money that we can play 10 and do. We don't have that building. We would 11 like to do it, too. 12 You know, as a homeowner involved with 13 Homeowner's Association I've been through this just 14 like you have many times and as you keep trying to 15 point out and these people don't understand it. 16 Some are new homes, first time home buyers, but I 17 like' to tell a story and Bill and I used to live in 18 Altamonte Springs. We fought many battles 19 city Commission, we would run around together. 20 fighting developers coming in wanting to put in 21 eight or ten units per acre, apartment complexes. 22 We all showed up at city hall and raised so much 23 cane and wasn't a lot of those buildings, you ride 24 by the same place and there are 24 units sitting 25 there instead of the eight or ten we beat down. We ASSOCIATED COURT REPORTERS (407) 323-0808 19 20 21 22 23 24 25 69 1 have been there. We are ~- we know what we are 2 talking about. We are trying to offer you 3 something here that we think is good for the 4 community. It is a high level apartment complex. 5 I'm sorry these people don't like Kash n'Karry and 6 Food Lion. We didn't pick our buyer. I guess they 7 all sell Heinz Ketchup and Merida bread. So it 8 doesn't make a difference what brand it is to me. 9 We are going to do the best we can and that 10 is we agreed and Mr. McLemore insisted everything 11 we see on the site plan will be put in the ground. 12 Every tree you count on there will be put in the 13 ground and that is what we will put on the 14 Developer's Agreement and we committed to that. 15 MR. STEPHENS: I have another question about 16 the maintenance of -- Mr. Goode was concerned about 17 maintenance of the fence and since it's parallel 18 with some other fences that are there is that going . to be a problem? MR. JONES: Not for us, we are going to put a wall up on our property. MR. STEPHENS: Maintaining both sides of it, will that be a problem? MR. JONES: No, that is not a problem. That is done all the time and I don't know about Mr. ASSOCIATED COURT REPORTERS (407) 323-0808 16 17 18 19 20 21 22 23 24 25 70 1 Goode, but if I were one of those property owners 2 back there I would take down my wood fence that is 3 going to rot down and take advantage of having a 4 block wall there, but that is up to them. 5 MR. FERNANDEZ: Mr. Chairman? 6 THE CHAIRMAN: Mr. Fernandez? 7 MR. FERNANDEZ: Mr. Jones, in the minutes I'm 8 now reviewing from the City Commission meeting you 9 made certain representations into your 10 presentation and I just want to get on the record, 11 I don't know if all these people were there or not. 12 It is my understanding if you get your development 13 order that the parcel to the rear behind the 14 I supermarket will be limited to professional office 15 development? MR. JONES: That's correct. MR. FERNANDEZ: Are you proposing landscaping around the pond and putting in the fountain. MR. JONES: That went out the door. This is a new plan. That is not to say we won't put in the fountain and it is just not included in the plan. MR. FERNANDEZ: Okay. And you're going to work with Tuskawilla Homeowner's Association as to the reference, the location of the signage? MR. JONES: Nobody reminded me about that. ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 Who was with your -- I toid you -- forgot that. Who was the former president. I talked to him. We agreed to work out a piece of property. THE CHAIRMAN: He has moved. He is gone. MR. JONES: Yeah, that's why I forgot this. We did make that commitment and we would also and I don't remember -- it would be the Eagle Watch side and we were going to try to work -- He probably wanted it down the THE CHAIRMAN: middle. MR. JONES: What did we tell you? Come on up. MR. WORLEY: Greg Worley, W-o-r-I-e-y. What they are talking about, Eagles Watch comes into play and, correct me if I'm wrong, there were two sets of brick walls and we talked about with Hess Ma r t . There's a -- either dry or wet retention pond here. We were discussing whether the wing wall was going to go before that pond and then you were' talking about bringing it in to behind the wing wall to be behind MR. JONES: . Okay. MR. WORLEY: Behind the variance of where you were going to jockey trying to work esthetically between the parcel here and our parcel and then ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 r 13 I 14 15 16 17 18 19 20 21 22 23 24 25 72 working within your guidelines between the wetlands and Eagles Watch over here. MR. JONES: We agreed to put in two wing walls and you mentioned that awhile ago and it didn't dawn on me. That was part of the -- that was brought up as part of that beautification for their benefit. THE CHAIRMAN: Vistawilla would be considered I under the beautification area. MR. LE BLANC: Hess would be building a wall. There is a retention pond. I don't remember if it's wet or dry. They are building a six foot masonry wall behind the pond. MR. MALAVE: Let's make it a little more clear. Right here is the -- if the end of the lot -- this is empty space right in this area that there is nothing there, right now in this area. We were going to get the property for the wall. We're not building the wall. We're giving the property, the property to locate the wall here and give them the easement to locate the second wing wall in this location. We were giving them the location, property and easements for that wall to be placed. Hess is building the wall. You're talking about the other wall, not the sign wall. ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 THE CHAIRMAN: How do they get that in there? Do they talk to Mr. Morris from Tuskawilla Homeowners? He is the president now. Discussion like this is not going to go anywhere into the record. MR. LE BLANC: The Commissioners would have it, these minutes -- by the way -- I should be getting a copy Friday, right, Mike? MR. JONES: Yes. MR. LE BLANC: And the Commission would be getting exactly what the young lady is doing, the other young lady. She is going to type up everything today, tonight, tomorrow night to have it here Friday morning so we can present it to the Commission with their package, verbatim minutes. THE CHAIRMAN: You want to go right up with this. You want to the move this right on in? MR. LE BLANC: That is provided you people approve it. I'm going to tell you what the Commission said. We used to move it without a copy of the minutes and now they want a copy of the minutes and that is why they will have that prior. THE CHAIRMAN: So, she is going to do it verbatim? MR. LE BLANC: She is doing it. Andrea got ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 l 14 15 16 17 18 19 20 21 22 23 24 25 74 away this time. THE CHAIRMAN: Is there anything else by the , Board to bring up at this time. Is there anyone that would like to make a comment? My name is David Owji, O-w-j-i. I live in 104 Shellflower Cove and I'm a new resident. During the discussion there was a question toward Mr. Jones, someone asking if he would be able to have a gated community for the apartment complex and Mr. Jones answered that it wouldn't be practical. I would like to elaborate why it is not practical? MR. JONES: Well, it is not a residential unit like yours. We have 200 people going and coming. It is just not practical to have a gated community in an apartment complex that size, number one. And, number two, there is one -- only one entrance to this community and so not like you have three or four entrances and trying to we have internal security and we don't feel like the gate is a practical thing to put up. Therefore, the residents MR. OWJI: Well, contrary to what you're saying I come from Virginia. We see more and more gated apartment communities. I'm not sure if your ASSOCIATED COURT REPORTERS (407) 323-0808 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 reason is a good reason. MR. JONES: Well, I'm sorry. you a better reason. MR. OWJI: Well, it is something up to the I can't give Commission. THE CHAIRMAN: For what it is worth Tuscany Place, they probably have two hundred and some and of course they are an older development and they put up gated communities. They did that on their own later on, ten years later, but they have gated communities. MR. JONES: Now, we have lot of gated communities. It also depends on the character and quality of the community, itself. THE CHAIRMAN: suggesting that. He is not out of line in MR. JONES: It was suggested before and you're not the first time it has come up, just something we are not agreeable to doing. THE CHAIRMAN: But I understand your point, too, take a dollar from here and have to -- I understand that. The people that actually live in there have done that, have put up their own gate. And one of the other things I have strong feelings for the public, I shouldn't have that ASSOCIATED COURT REPORTERS (407) 323-0808 ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ( 76 maybe; Omaybe I should, but in our -- I live in the Tuskawilla area. I live in a villa so it's a lot tighter. I don't live in one of these three hundred fifty thousand dollar homes. I live in the tennis villas which isn't too far from Vistawilla. It's about three minutes to get to the icecream place when they build it in the Hess. I have already driven it a few times so it's not my area. I live in a very tight community. And we have Castle Park which is in the Tuskawilla area. We had a lot of concerns about Castle Park and they have kept upscale communities in Tuskawilla with Castle Park so that is something to look at. They look like beautiful apartments. I don't know all the full details and, of course, I don't live 39 feet away from them either. I want you to understand that, but I also know it certainly looks like they put a lot of effort and time and looks like they are trying to negotiate with the public. And I can tell you one thing ten years ago it was a different story and Mr. Jones and Mr. McLemore, the City Manager at the present time had has strong feeling for the people and City of Winter Springs and he certainly does everything in ASSOCIATED COURT REPORTERS (407) 323-0808 ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ( 77 the City's behalf to help 'the people. So, your concerns should go to th people and go to this Commission whether you have to meet with Mr. Jones and the City for all these different types of issues. It can be resolved, not 100% for everybody. We all know that. I think there are things we have to do and I think that is the direction I would give you. What I look at is the variances that come up, myself personally and so does our Board and the gentlemen up here, I can tell you everyone of us are volunteers. We were appointed to these jobs by the City Commission and we try to do the best we can and so we certainly have you people in heart and we certainly know what we are supposed to do and try to work with the developers because we want what we have here. It is an upscale community. Mr. Fernandez? MR. FERNANDEZ: Thank you, Mr. Chairman. THE CHAIRMAN: Yes, sir. MR. FERNANDEZ: I would like the ask of our staff representatives here insofar as any variances are concerned is this a matter that the P and Z Board or the Local Planning Agency should be making recommendation to the City Commissioner, or is this ASSOCIATED COURT REPORTERS (407) 323-0808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 78 a matter that should be addressed to the Variance Board? Do why have a Variance Board? MR. LE BLANC: No, it's -- if you look at your development agreements on Section 2458 of the New Development Guidelines it talks about may vary standards -- Commission may vary standards of this Ordinance including building perimeter setbacks, parking standards, signs and other standards. MR. FERNANDEZ: All right. was that? I'm sorry. Where MR. LE BLANC: Section 20-458 and page 20. MR. FERNANDEZ: Mr. LeBlanc, are you, in fact, asking this Board to make recommendations? MR. LE BLANC: No, sir. brought it to your attention. I'm not. I just MR. FERNANDEZ: I would note for the record after having had a chance to review the City Commission meeting after two unsuccessful motions that a consensus of the Commission was to move this project forward. So, the City Commission who has more latitude and more discretion. As a matter of fact, our minutes even indicate that the City Attorney indicated that the Commission has -- does have some ASSOCIATED COURT REPORTERS (407) 323-0808 ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 discretion in looking at the development order, but at least the City Attorney at that point considered it to be a conditional use under Chapter 20 which needs to be applied for and brought before the City Commission and as I see it our function being less general and more restrictive with less discretion. to determine whether or not it meets the Settlemeht Agreement as a result of a Court order, the Vested Rights Agreement, the Technical Review Committee or staff recommendation saying that it does at least insofar as certain changes to be presented in the final engineering plan, that it does meet the technical requirements of our City codes. I think that a representative from the Tuskawilla area ought to have the right to make the initial motion to address this matter to pass it on to the City Commission either with o~ without our recommendation and since we have two members from Tuskawilla I think they ought to make the motion, take the heat, too. She said that ain't going to THE CHAIRMAN: be her. Again, like I say I certainly spent a lot of time on this. I did not just corne here. I know Mr. Fernandez spends an awful lot of time. I had ASSOCIATED COURT REPORTERS (407) 323-0808 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 these things laying allover the garage. I retired from Westinghouse six months about six months ago so I have had a lot of time to look at this. can be a real stickler. I went through the retention pond and had concerns about 434 and tell you the truth that -- there is only two or three places when you go to get down to it that you find out there was a I community tucked in back in there. I wasn't aware of it that well until this afternoon. I saw it and I really got concerned and I thought, oh, boy, we're going to have a packed house tonight because it is a concern of many people. Mr. Goode mentioned about the trees and you're going to still see these apartments and I understand that and again to do our job and do it properly I don't see issues that we could turn it down on, basically. I think that it is the old story again. You have a torch to carry. You have to carry it. You have to carry it to the Commissioners. I think the City has. done an outstanding job and it sounds like they are still doing a job. It rattles you at first think until you get used to it, but as Mr. LeBlanc said today we went ASSOCIATED COURT REPORTERS (407) 323-0808 .. 1 2 3 4 5 6 7 8 9 10 11 12 , 13 ( 14 15 16 17 18 19 20 21 22 23 24 25 81 through this last one. I 'spent the whole day. We had these over a week and a half, the information Mr. LeBlanc has gotten to us. We reviewed it. You've seen us shifting papers around. We looked through the old Tuskawilla PUD agreements. We looked at minutes and we didn't just come in here and just do this and we do this. Based on what has been presented to us by the City, if I can find your page, Mr. LeBlanc MR. LE BLANC.: I just have one thing to add to that recommendation. THE CHAIRMAN: MR. LE BLANC: I didn't recommend anything. You said that's what you're looking for, the recommendation. I have one thing to add to that and that is contingent upon the City engineer's letter of October 20th where he says it can proceed forward, but the corrections have to be done on the final engineering, just the one page letter memo from the City. THE CHAIRMAN: You have all the attachments, you mean the October 20th, October 12th, 24th? MR. LE BLANC: THE CHAIRMAN: MR. LE BLANC: This memo here. October 20th. From the City engineer. Okay, right. Just add that one to the recommendation if you're going to use ASSOCIATED COURT REPORTERS (407) 323-0808 ~ . 1 2 3 4 5 6 7 8 9 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 82 it. THE CHAIRMAN: Okay. I will make a motion that the Planning Zoning Board accept the Staff Review Board recommending that we favorably forward these plans to the City Commission for their action and included in that would be the October 20th, 1998 City Engineering memo to the land developing coordinator. Do I hear a second? They are going to dump this on Tuskawilla all the way and these people can come after us. Try it again, do I hear a second? MR. STEPHENS: Could you repeat the motion, please. THE CHAIRMAN: Make a motion that the Planning and Zoning Board favorably forward the plans to the City Commission for their action and included MR. FERNANDEZ: Contingent upon -- THE CHAIRMAN: And in compliance with the October 20th, 1998 City Engineering memo to the Land Development Coordinator. MR. STEPHENS: I second. THE CHAIRMAN: Did Mr. Stephens second that? MR. FERNANDEZ: Yes, he did. ASSOCIATED COURT REPORTERS (407)' 323-0808 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 THE CHAIRMAN: Roll call. MR. FERNANDEZ: Could we get some discussion? THE CHAIRMAN: Discussion, go ahead. MR. FERNANDEZ: As far as specific findings of fact to support this motion I think the Chair has indicated that we have reviewed the Settlement Agreement, the Vested Rights Permit, the reports from staff, the finding of the City Attorney th~t apartments are compatible and, apparently, discretionary within the City Commission's viewpoint and that this project does meet the technical requirements for design of our current codes with the understanding that part of the settlement agreement indicated that since that settlement agreement occurred in 1990 and since the owner of this property had applied for certain rights to develop it before -- before we developed our comprehensive code and adopted it in 1992, that none of the changes after the 1990 Agreement would apply to this property other than the current design standards which we have already received input from staff have been met and based on those findings of fact and without any recommendations on variances and I'll leave that up to the City Commission to address in the Developer Order that I ASSOCIATED COURT REPORTERS (407) 323-0808 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 would be in favor of recommending that this favorably be approved contingent upon the developer complying with the requirements of the City Engineer's letter of October 20th, '98. THE CHAIRMAN:. Any other questions or comments? MR. FERNANDEZ: I believe this encompasses both parcels, Kash n'Karry and the apartment complex? MR. LE BLANC: Correct. MR. FERNANDEZ: We don't need to address them separately. THE CHAIRMAN: Roll call, Rosanne? MS. KARR: Pass. THE CHAIRMAN: You're present. Are you going to decline voting? She is going to really play it safe. You're present you got to vote. MS. KARR: Aye. THE CLERK: Carl Stephens, Jr? MR. STEPHENS: Aye. THE CLERK: Tom Brown. THE CHAIRMAN: Aye. THE CLERK: Bill Fernandez? MR. FERNANDEZ: Very affirmative, yes. THE CHAIRMAN: I would like to thank the ASSOCIATED COURT REPORTERS (407) 323-0808 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 public this evening. I hope you pursue -- pursue your issues. And I would the gentlemen, Mr. Jones. I would like to thank I thank you for your time. Mr. LeBlanc, I would like to thank you and everyone else. (Whereupon, the meeting was concluded at 9:00 o'clock.) ASSOCIATED COURT REPORTERS (407) 323-0808 86 1 CERTIFICATE OF REPORTER 2 STATE OF FLORIDA 3 COUNTY OF SEMINOLE 4 I, Frances R. Dirienzo, Certified Shorthand 5 Reporter, CMR, certify that I was authorized to and did 6 stenographically report the foregoing proceedings and 7 that the transcript is a true and complete record of my 8 stenographic notes. 9 10 I further certify that I am not a relative, 11 employee, attorney, or counsel of any of the parties, 12 nor am I a relative or employee of any of the parties' 13 attorney or counsel connected 14 with the action, nor am I financially interested in the 15 action. 16 17 18 19 20 21 22 23 24 25 Dated this the 29th day of October, 1998. FRANCES R. DIRIENZO, CSR, ASSOCIATED COURT REPORTERS (407) 323-0808 ;;, " CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 DATE: October 20, 1998 TO: Land Development Coordinator, Donald LeBlanc FROM: City Engineer, ~.,/~ Mark L. Jenkins, P.E. rr-- SUBJECT: Kash & Kany and Courtney Springs Apartments Preliminary Engineering \ I recommend the subject Preliminary Engineering, received by the City on October 20, 1998, be fOlWarded to the Planning & Zoning Board for review and then to the City Commission for their approval. . All the needed corrections, listed in my Preliminary Engineering review letter dated October 20, 1998, can be corrected in the FffiST Final Engineering submittal. This includes certain items from my October 9, 1998, review letter. If you have any.questions, please let me know cc: Commwtity Development Director .- " ~f;)N .' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 October 20, 1998 Joe Kolb, P.E. Bowyer-Singleton & Associates, Inc. 520 South Magnolia Avenue Orlando, FL 32801 RE: Kash n' Karry Shopping Center and Courtney Springs Apartments Preliminary Engineering Review - Plans Sealed October 19, 1998. Dear Mr. Kolb: The subject engineering was received for review at 4:15PM, October 19, 1998. Rae Malave, of your finD, stated last week in a telephone conversation with me that the subject Preliminary Engineering plans would be submitted to the City for review.early morning, October 19, 1998. Any delay in receiving these comments are directly related to the late submittal of the subject plans yesterday afternoon. The information you received by fax yesterday evening were just items that caught my attention before I left for the day. The following deficiencies were noted: 1. A copy of a letter from ACOE, dated July 20, 1998, was submitted to show they agree with your realigned wetland boundary. The ACOE letter states, "The information you have submitted, has been reviewed in the office." Since I need to see what they agreed to, please provide a CODY of this submitted information. As the accelerated review process proceeds, if you and ACOE are both in agreement on the drawn boundaries, you have no problem. If not, you will have some redesigning to do late in the design process and submittal stage. 2. Obviously, your 100% FDOT plans and my 100% FDOT plans differ on storm structure numbers. Whose signature is on the photocopy you submitted? When did you receive your 100% plans? 3. The question regarding the fire station possibly blocking the drainage of a wetland could present substantial problems when the time comes to get required pennits. What kind of jurisdictional problems do you envision in this case? .- 4. Sheet 8 of 9 was missing from the engineering plan') I received from you yesterday at 4:15 PM. Please provide the missing sheet so that I may review it. ~. Joe Kolb. P.E. Courtney Spgs. Apts. & Kash & Karry October 20, 1998 Page 2 5. Regarding the previously mentioned reach "98-95"; if this control structure is not needed, please delete it from the engineering plans. 6. Sheet 2 of 9, please show the existing i.6 acre lake bowlClary line at the "conservation" area. On this sheet, there is no delineation between the lake and wetland. It appears to be correctly drawn on sheet 1 of 1, of the Tree Location sheet at the back of the plans. 7. Sheet 3 of9, in the pond cross section detail, please show the required "10-foot wide stabilized maintenance berm" on both sides of the pond. 8. Sheet 3 of9, in the pond cross section detail, please add the elevation of the design high water line shown. 9. Sheet 3 of9, please add the elevation nwnbers to the pond topographical lines shown. 10. Sheet 7 of9, in the pond section detail, you show a wall that appears to be an integral part of the pond. As shown, the pond would stage up the wall during the design stonn. If the wall is part of the stormwater system, as drawn, it must be submitted with the Final Engineering and designed for hydrostatic force on the wall. Is this wall part of the pond in any way? 11. Sheet 7 of9, in the pond section detail, Section 9-241, of the Land Development Code requires a lO-foot wide stabilized maintenance berm around the whole pond. Please show this requirement on this sheet The City will have "emergency only" maintenance rights on these ponds and there is no way a City maintenance vehicle can make it around this wet bottom pond as shown.. 12. Sheet 1 of9, in the pond section detail, it appears you are showing the 25-year stonn stage at elevation 29.29 feet and the 100-year storm stage at 29.26 feet Please correct this error in this detail. 13. Sheet 7 of 9, There is a storm manhole shown right at the southwest comer of the FDOT pond. Does this have any connection to the FDOT system? 14. Sheet 7 of9, the soil cement note, right above the revisions box, has the words switched around. Please correct this. NOTE: Items from my October 9, 1998 letter that I will be checking on the Final Engineering submittal are items: (2.a.3), (2.b.4 & 5), (2.c), (2.d), (3.e), (3.g.1) and (8). .~ .' Joe Kolb.. P.E. Courtney Spgs. Apts. & Kash & Karry October 20, 1998 Page 3 Please provide a written response to each of the preceding comments with your next submittal. If you have any questions, please give me a call at 327-1800 ext. 315. Sincerely, ~ Mark L. Jenkins, P.E. City Engineer cc: Community Development Director Land Development Coordinator Joe Kolb, Bowyer-Singleton, FAX ff 649-8664 w ,- .' MEMO FOR RECORD October 12, 1998 Don LeBlanc, Land Development coordinato$ From: Re: Preliminary Engineering Kash n'Karry/Courtney Springs I have reviewed the preliminary engineering for the above referenced Kash n'Karry/Courtney Springs Apartments and recommend that they be favorable forwarded to the Planning and Zoning Board for their action. The applicants have requested variances to the SR 434 Corridor Vision Plan, New Development Area. It is recommended that these variances be incorporated into a Development Agreement, provided that the Commission is in favor of these variances. The variances are: KASH n'KARRY SITE 1) The applicant is seeking one (1) additional single tenant sign with a height of8' 9". The new development area guidelines allow a single tenant sign to be 8' in height. 2) The applicant is seeking a height variance for all store front, building mounted signs to exceed a height of 14'. The request for the Kash n' Karry sign is from 25'6" at base to 33'6" at top. The mounting for the liquor store and the eastern most retail store is from 19'6" at base to 21'6" at top. The mounting for the other stores is from 16.6" at base to 21'9" at top. COURTNEY SPRINGS APARTMENTS I) The applicant is seeking a reduction of the parking space size for 154 spaces from 10' x 20' to 9' x 20'/ 2) The applicant is seeking a variance for the exterior wall to be of concrete block and stucco rather than brick, decorative or split-faced concrete block. The applicant stated that this is needed to match the decor of the apartment buildings. .--- .' ~ if CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (~07) 327-1800 October~, 1998 dt!.\; V'e n~ c:.l 0- c Co ~,,-\ o~ \-\'" ~ ~ I \e..~tL \0 r~'E.~ ~W\'<- ~ -- :$-3' Joe Kolb, P .E. Bowyer-Singleton & Associates, Inc. 520 South Magnolia Avenue Orlando, FL 32801 RE: Kash n' Karry Shopping Center and Courtney Springs Apartments Preliminary Engineering Review - Plans Sealed September 25, 1998. Dear Mr. Kolb: The subject engineering and Kash & Karry storm calculations were received for review on September 29, 1998. The following deficiencies were noted: 1. Please comply with comments #2 and #3, of my September 16, 1998 letter. This deals with organic soils on the Kash & !<any site. Your September 25, 1998 letter states there are no organic soils at this location. The Universal Engineering soils report #10085, dated May 11, 1998, states on page 5, '~significantfindittg was the presence of approxi.motdy I-foot of organic soils at the location of borings B-S and B-7, ,at depths of approximatdy 5 and 7 feet." Proof rolling will not remove organic soils at that depth. These borings are within the proposed building pad area. 2. On sheet 3 of 9, of the engineering plans: a) In the Typical Pavement Detail: 1) Please add a note that states the City's requirement that soil cement meet a 7 -day break strength -of 300 psi, from a field bre~ not pub mill break. 2) Please add that 1.5" surface course and 8" base course are minimum thicknesses. 3) Please add a detail to the Final Engineering of the "D" curb & gutter. b) In the Typical Wet Retention Pond Detail: 1 ) You state "wet" but you are drawing down the water table with underdrains to make it "dry" bottom. Explain. " 2) On the Final Engineering, please add the spacing for the underdrains. 3) You are showing the 100-year peak slage lower lhan lhe 25-year peak stage. '., ---- Joe Kolb. P.E. Courtney Spgs. Apts. & Kash & Karry October 9, 1998 Page 2 . " .' 4) The Land Development Code requires a 10-foot wide stabilized maintenance berm for all ponds. Please make this correction. 5) On the Final Enf?ineering, please show a plan view of the underdrains. c) On the Final Engineering. please include a detail for the plug in the 15-inch RCP at the Out Parcell. d) Please provide "buffer wall" engineering, with wind load calculations, with the Final Engineering. 3. On sheet 7 of 9: a) According to the "conceptual post-development drainage map", in the calculations, there is an ACOE wetland limit line that cross the site on the west side and near building #11. (SEE ATTACHED PHOTOCOPY) Please show the ACOE line on this sheet and provide mitigation information from ACOE. b) Response #4, of your September 25, 1998 letter, states the existing lake will outfall to FDOT structure S-412. According to the 100% plans SR-434 plans, it appears more like FOOT structure S-41l. Please explain. c) The "conceptual post-development drainage map", in the calculations, shows basin 95 (wetland) flowing to the area of the just mentioned S-411, across the site that was donated to the City for a fire station. (SEE ATTACHED PHOTOCOPY) How is this drainage, path going to be maintained if the City builds a :fire station on this site? d) What is the proposed berm slope for the pond adjacent to the wall? e) On the Final Engineering, 'please include a detail of the parking space with 2-foot dedicated overhang. f) In the "typical pavement section": 1) Please add a note that the 1" surface course and 6" base course are minimum thicknesses. 2) Please add the subbase specification of FBV=75. 3) Please add the soil cement break strength requirement, mentioned in comment 2.a.l, of this letter. ,- g) In the "typical entrance pavement section": " -- Joe Kolb. 'P.E. Courtney Spgs. Apts. & Kash & Karry , October 9.. 1998 Page 3 . . .' I) On the Final Engineering, please include a detail of Type "F" curb and gutter. 2) Please change the FBV specification from 50 to 75. 3) Please add the subbase specification ofFBV=15. h) The "typical wet retention section", on the Final Enginecring. will need to show at least 3 feet between the normal water level and the slope transition point (4:1 changes to 2:1). 4. On sheet 8 of9 (landscape sheet 1), please submit "6' masonry wall" plans with the Fmal Engineering, including wind load calculations. 5. On sheet 9 of 9, please label what appears to be the ACOE wetland line. DRAINAGE CALCULATIONS 6. As a point of information, the table of contents is incorrect. 7. In the 25-year stonn calculation, please explain reach "98-95". Is this a proposed control structure for the existing 2.6 acre pond? 8. In the 100-year storm calculations, "nodal minimax time conditions report", for nodes 33, 41, 43, 90, 99, 98, 95, JUNCT, BNDYand 32B are missing. Please provide. 9. In the Universal Engineering report #24139, dated August 20, 1998, they recommend a "wet" bottom pond. Then in their report #25842, dated September 2, 1998, they are providing a design for pond that has underdrains to draw down the water table to make it a "dry" bottom. Since the water table is high in this location, why have you chosen not to construct a "wet" pond? 10. On page 2, of Universal Engineering report #25842, dated September 2, 1998, Table 1 shows a "base of aquifer elevation" of27.0 feet and a "pond bottom elevation" of 30.0 feet. This does not agree with page A-I, which states "'aquifer depth below pond, bottom" of 5.0 feet. Please explain. 11. On page A-2, of Universal Engineering report #25842, it states a warning regarding the absence of the recommended gravel envelope. Please explain why you are not using the recommended gravel envelope. ~ Joe Kolb, P.E. Courtney Spgs. Apts. & Kash & Karry October 9, 1998 Page 4 e . .' Please provide a written response to each of the preceding conunents with your next submittal. If you have any questions, please give me a call at 327-1800 ext. 315. Sincerely, ~ I / VZM O~?v d(ff3A~ Mark L. Jenkins, P.E. City Engineer Attachments: ACOE boundary & fire station site (1 page) cc: Community Development Director Land Development Coordinator Joe Kolb, Bowyer-Singleton, F ~X # 649-8664 .' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 September 24, 1998 TO: FROM: Don LeBlanc, Land Development Coordinator i/-Y Kipton Lockcuff, P.E., Public Works/Utility Director r RE: Kash n' Karry Shopping Center/Courtney Springs Apartments We have reviewed the preliminary engineering for the Kash n' Karry Shopping Center and Courtney Springs Apartments signed and sealed August 24, 1998 and have the following comments: 1. The water meter requirements and infrastructure ownership will be determined during the final engineering process. 2. No water and sewer capacity has been reserved for this project although capacity is available. 1 and 2 bedroom units are calculated at 250 and 400 gallons each for sewer and water usage, respectively. 3 bedroom units are calculated at 300 and 500 gallons each for sewer and water, respectively. The maintenance building and clubhouse are estimated at a total of 1,500 of water and sewer usage. An estimate for commercial buildings is 0.10 gallons per square foot. Actual flow information from other similar stores can be provided in lieu of the 0.10 gal./ft. figure. Capacity currently costs $1.12 per gallon for water and $6.30 per gallon for sewer. Capacity charges are due at the time of DEP construction permitting. We recommend the approval of the preliminary engineering for the Kash n' Karry/Courtney Springs Project. File .- '. 'II CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327.1800 Community Development MEMORANDUM DATE: Don LeBlanc, Land Development Coordinator Thomas Grimms, AICP Comprehensive Planning coordinat~ September 14, 1998 TO: FROM: RE: Kash-n-Karry/Courtn~y Springs Apartments - Revised Engineering Plans I have reviewed the plans and find that the concerns I have expressed earlier are addressed under "Community Development" in the letter to Don LeBlanc from Joseph Kolb, dated August 24, 1998. I am still reviewing the signage for the project in light of the request to add one single, tenant identification sign and to exceed height. .' -- fit CITY OF WINTER SPRINGS, FLORIDA Code Enforcement 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6288 MEMORANDUM DATE: September 14, 1998 TO: Don LeBlanc, Land Development Coordinator , nmeue Cook, Code Enforcement Specialist @ Kash n'Karry/Courtney Springs Apartments Revised engineering FROM: RE: Because of a prior commitment, I will not be in attendance at the 9:30 AM preliminary meeting. However, I have reviewed the submitted landscape plans and find that the type and number of trees and shrubs meet the requirements of the current regulations. I would, however, like to have approval for any substitution that may be made for trees before planting. For protection, barriers need to be installed at the dripline of any exisiting trees. " ," /' / ~ ~ TO: Don LeBlanc, Land Management Specialist FROM: Glenn Tolleson, Investigations Bureau Commander DATE: September 11, 1998 SUBJ: Staff Review Discount Auto Parts and Kash n'Karry. I have 'received the memo and inspected the plans for Discount Auto Parts,Kash n'Karry and have the following comments; Discount Auto Parts; 1. No further comments at this time. Kash n'Karry with Courtney Springs Apartments; 1. No further comments at this time. --:. _:~ ~ - ( L- ptain Glenn Tolleson Bureau Commander " . . LA W OFFICES ' FRANK KRUPPENBACHER A Professional Association Frank Kruppcnbachcro R.obert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 " 105 E. Robinson Street, Suite 2,0 I Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 o Also Admitted in Colorado MEMO '~~ItH\V~~@ SEP 11 1998 . TO: ~ayor and City C~mmissioners j' City of Winter Spnngs oj M' Robert D. Guthrie, City AttornV{JlJ September 10, 1998 . _ it WitHER M'R,;I'HiS ~, W~ y FROM: DATE: RE: Residential Issues/Density on Tract 15 Kash 'N Karry Proiect I was asked to review the issue of whether multi family uses could be permitted on Tract 15 of Tuscawilla Planned Unit Development (fuscawilla PUD). The Settlement Agreement (Ordinance 489), in addressing Tract 15, allocated residential units to said Tract as a permitted use. This allocation includes "multi family" use. Therefore, the use is established by the Settlement Agreement subject to permissible site related and buffering requirements per the City code and the Settlement Agreement. A copy of page 4 of the Settlement Agreement for the Tuscawilla PUD establishing permissible uses on Tract 15 is attached. City records show that residential uses have previously been allocated to Tract 15 of the Tuscawilla Tract (Creek's Run). ' cc: Ronald W. McLemore City Manager , / I . :7 I:. 7 -, ,/".__' . -. t. ev,;,...." - -.- .4. ....l...: Lv. r~. 2. The Remcining Property shall be developed in the following manner: PARCEL ACREAGE LAND USE UNITS 14C 31.2 Single Family 125 " 1.1 Seneca Boulevard 61 33.0 Single Family 198 1.4 Commercial 0.6 Service Road 15 67.0 104.0 25.2 3.6 1.5 Commercial Single Family Multi-Family Vistawilla Drive Fire Station 416 504 80 74.0 3.0 Multi-Family Tuscorc~. Dr i ve 1,480 Lake Jessup Property 20.7 Multi-Family 166 TOTAL 366.3 2,889 3. The acreages described within each Parcel are approximate acreages only and shall be finalized at such time as a final survey of each parcel is obtained. Therefore, the legal descriptions set forth on Composite Exhibit "A" are subject to , revisions based upon such final surveys and sound land planning techniques, it being the intent of this Agreement that this' Agreement be inclusive of all remaining undeveloped real property within the aforedescribed parcels within the Tuscawilla POD as of the date hereof; provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. 4. The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maximum allowable acreages for commercial property within each such parcel. Notwithstanding the foregoing, WSDJV shall have the right to request minor revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acreages on a gross basis do not exceed those set forth above, subject to the applicable provisions of the City Codes. Ii /C/DAE 67860621V1D 06/22/90.3 ,. - Memorandum August 31,1998 To: Don LeBlanc, Land Development Coordinator From: Don Houck, Building Official~ Re: Kash n' Karryl Courtney Springs Apartments Kash n' Karry: The preliminary plans indicate that the number of parking spaces is 154 based upon a requirement of "one space for every 300 feet of floor space excluding storage". The requirement as quoted is correct however the floor area used to calculate the parking spaces includes the total square footage of the building with no deduction for storage. It was also stated that Kash n' Karry's "studies and experience indicate that the desired parking ratio is 5 spaces per 1000 sq. ft.". Is the 1000 sq. ft. unit for sales area' only or total building area? We have not received copies of these studies to evaluate. Regarding parking, my recommendation is to reduce the number of spaces to comply with our requirement of one space per each 300 sq. ft. of floor space excluding storage. Courtney Springs Apartments: The revised site plan does not show the relocated playground area. . WINTER SPRINGS . FIRE DEPARTMENT 102 NORTH MOSS ROAD WINTER SPRINGS. FLORIDA 32708 TELEPHONE (407) 327-2332 FAX (407) 327-8514 MEMORANDUM ~i::::yL:~:~:;=~;.;i;;~;ir~ August 31 , )~2 .."" '"''''''''''~''''''''"'''''''''''''''\\,.''''' '.' , 1<'" <>. .(i< f- ;... ... ~~~i~~'~e~~:r3:f!~~~~.Ufqy, ';~urtney,~ prings ;<-' t? \~",.,~ &.,r.jf' 4~~f:1v .... 'b;i:~.."" "'t. ,#VI , '. Apart 'ents !,'" '<"~':"f~' .,~, .......,""!f.'~. " .".W'" i M .J' ~':~.. ::.;" ~~J~" ': ,~'<t '-~: ~~'i~: ,Jt..~l<':'> ".,- i~~ ;"~:~ '\ ~~. ~~:~:~;~~I;#~~~d~~~~~*~:~~:~~~Sp,ans an? n~ additional Cf,'. mrtlents;are, ,)(~,q,; ~.i.r~,',c:lii\\~,.\ ,I ''',6,:if, 'We ~ire D,lepa)Mm.,. ent has no objection to the prrOS~d de~~ldr~~19S 'I ~.' I i J ' ;~ " ':, :~'i;' Jk';;) ';y.t.~~~:,": .f' I ~ . 1 ,:1 :..('1\1 ~ "':' \...~'}" ~ V;",,: hi" :; !~. '\ '" '" "'l'<."._,.~ .~, ",.. ~{;It.v.Jj(; f{ \\ '" , .. '" '.," ':~::,~';;~~:' F.. I,q '~~; ':':~:,:.~' ~". '~,~,;,}'" "..T;\. r . ..~'}..\r,,,._ '" To: From: Date: Subject: ~~-r: ...;.:;, ..I~ i ...._~;;. .fIt~ ~;:,i1 , ~J.I;fS!i':,:l!''':' . .,':", '''~.!.n.\......... ~ ~~ ,-; f.~r.('"''':.'h '. 't::>~.. . ,. ' .. " " ~h""''ni'-,{'''1. I "'::f:'T~.~.J";<,:..:'ri>' t<r~&;JtW".1'r::l.~'l . -: ,.:~~-~";'\~',... ~~;;t'? rh,f.s!- '~~(tv . _',. ...-4 . Regular Meeting City COm~'$SiOn August 10. 1998 r Page 2 97-98-39 Ellen Signe1ia, 117 Blue Creek Dr., spoke on the Tuscawilla Lighting and Beautification District. Ellen Weiss, 1203 Winter Springs Blvd., spoke on the Tuscawilla Lighting and Beautification District. Commissioner McLeod stated that he would like to see information getting to the people ' independently from the City rather than the Tuscawilla Newsletter. CONSENT AGENDA Commissioner Gennell with regards to the minutes of July 27 1998, on page 3, she would like to have the minutes amended to reflect the discussion on choosing the Board members for the Tuscawilla Lighting and Beautification Advisory District Committee. Public Works Department A. Requesting authorization to expend funds to convert existing overhead electric crossings to underground on State Road 434: Motion was made by Commissioner...McLeod to approve the Consent Agenda with the amendment to the minutes of July 27, 1998. Seconded by Commissioner Martinez.' Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: . aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: . aye. Motion passes. INFORMATIONAL AGENDA PUBLIC HEARINGS REGULAR AGENDA Community Development Department/land Development Division A. Requesting the Commission to review the conceptual plan for Courtney Springs , Apartments and Kash n' Kany supermarket and ,to provide direction relative to issues that will be highlighted in the discussion: Manager McLemore stated that this is a conceptual plan and stated that there is not a lot of.'engineering detail and said the petitioner 'has ,issues that 'he desires to review with the Commission. Mike Jones, representative for the developer gave his presentation. Mr. Jones stated that he has wc;>rked with D.O.T., and the City Manager with regards to the retention pond to see what we could do about buying the retention area so that we could make it into a park. Mr. Jones said because of the time schedule and the construction schedule on S.R. 434, and the "red tape", Mr. Jones said they were unable to put together anything with D.O.T. that would allow them to take it over or to beautify the pond. Mr. Jones said in their initial plans, had intended for their surface water management to drain into that pond and in return for D.O.T. taking their surface water, they were going to do all the beautification on the pond. Mr. Jones said he has worked through several plans with the City Manager and Staff, and said he has, been meeting regularly with representatives from .~' ,) ~ r., " , ( ~ ";. \,1. f , .' - Regular Meeting City Com(..ion August 10. 1998 97-98-39 ( Page 3 the homeowners in the immediate area. Mr. Jones said they have changed their plans four times, and stated. that the plans that the Commission has now, is a product of three- four different meetings with the residents in the area. Mr. Jones said they have realigned. roads, moved. the playground, move4 landscap~g;" Mr. Jones stated. that they initially started with 276 unIts and now have 252 units; and . said they have agreed. with the residents that if this plan is approved and they get their, .. development order, that the parcel to the rear (behind the supermarket) will be limitect'to professional office development. Mr. Jones reviewed with the Commission the changes made after the numerous meetings with Staff and the residents. Mr. Jones said with regards to the pond, the City has the option of ownership, therefore,., ' the City could landscape it and beautify it. Discussion. If D.O.T. owns 'the pond the':, pond will be regulation D.O.T. retention ponds. . Mr. Jones stated that the'developer: would give the City the insurance,coverage for the pond. . .' :'. . Mr. Jones stated. that they are going to ask for two variances, one being along the back- to have heavy landscaping outside of what is the code requirement; the other is leaving some of the existing trees along the back, which could be done by reconfiguring . the pond. Discussion. Mr. Jones said the other matter is they can meet from the easterly point of the apartment. complex to the westerly side of the complex, the City's landscaping code; Mr; Jones said, they propose a wrought iron style fence, running the entire length of the apartment complex, over to and past.the retention pond. Mr. Jones said they would like to deal with" the City on the' existing lake with some type of park (a lineal park); Mr. Jones said ,th~y", are asking for a waiver from the Vision Ordinance to allow they to make one complete decorative fencing to the end of the pond. In addition they not only propose to do:~e landscaping around the pond, and to put in a fountain, but they will be r~onsible,'.fqr.,' requiring the permission from D.O.T., unless the Commission decides it wants to take . ownership of the pond, in that case the developer will deal with the City. "In any C8:?e, . D.O.T. will have, the final 'say in what can be done; Mr. Jones stated. tliat D.O.T. .haS ;. stated (tentatively) that.they dqn't care what is done in the way oflandscaping,theyar~., only concerned. about the liability. ' , .. Mr. Jones stated. that they will work with the Tuscawilla Homeowners Association, in the ' location of the sign; we' have agreed to give them a sign location in and around the retention pond on the east side of the road and will work with them on the back area for, signage if they need. signage on the west side of the road. Mr. Jones said because the entranceway has been changed (for the residents), they have moved. their LD. sign up. ~ ( Regular Meeting City Conitlllssion August 10.1998 97-98-39 (. Page 4 Mr. Jones stated that they are asking for a sign variance for the Kash n' Karry. Mr. Jones said one question that was raised by City Staff is whether or not apartments are allowed on this piece of property. Mr. Jones said when the developers agreement was entered into in the early 90's, it was also a result of a supermarket that was proposed near , the 7-11 is now; the City and. attorneys. negotiated a settlement and in that settle~~nt ,. agreement, it waS agreed that the land use designation set forth ar~ inclusive of:-teSs:';'; intensive uses under the City Code for development of the remaining properties, 'sti.bjC9i'~~. to the regulations of applicable government agencies. Mr. Jones said what was agre<xno,1::] when this property was divided (it was divided into 4 parcels in thesettlem~nt: agreement), and said this is parcell (which is parcellS - the C1ltire site), there wwniIsc>f:\~~ parcel 2, which is now the subdivision that lays to the south. There was parcel 80 whiCif :! was a multi-family property and parcell4-C which is single family property. Under the " agreement for parcellS, there was allowed 416 single family units and 504 multi.:.faDiily" units and 67 acres of commercial property. . , ".,. ., Mr. Jones said in reality ,the 416 units turned out to be 351 units; the 514 multi-family units have turned to be 254 units; of the 67 acres of commercial property, there will ,be only 40 acres of commercial property. Mr. Jones stated that surfice to say~' ifthe':City' Attorney is correct, the Commission can agree that apartment complexes can be used 'on this site and that is primarily what we are asking the Commission to do tonight, if the Commission is not going to allow apartment complexes on this site then this goes away. Mr. Jones said they are asking ~e Commission to allow the, developer to use this propeity' for apartment cOmplexes and to allow them the waivers to the Vision Ordinanceoli'S~it", 434 in front of the apartment complex ,and the D.O.T. retention pond. Allow them'ci" waiver to the landscaping on the south side behind the retention pond to keep the natural: trees in place and the signage waivers. . Mr. Jones stated that Lee Jensen, a representative from the homeowners association; Rob' .. Yeager, owner of the property, are present. ',"' ':'" . ~.. ',:. ,,, .:' ;.: ,'; Attorney Guthrie stated that he haS concluded, after looking at the development ord~r:',: that the ,Commission does have some discretion but said he thought it w,as as a::.., conditional use, as' allowed in Chapter 20, which means it needs to be -applied: for; Iilid'~'" brought to the Commission as part of the over all development process. '. :. . Attorney Guthrie said he doesn't think that this can be decided. now as 'part 'of' the conceptual process. Mr. Jones said it needs to be decided as if the Commission doesn't . allow the apartments then there will be no other processes. ' : Mr. Jones reviewed the apartment complex with the Commission. , '. . ..', . ~"!' Manager McLemore asked Mr. Jones about the pond and asked if the ,City takes the pond/:' what could the developer do vs. what the City can do. 1- , . " ~ " "-~ Regular Meeting City Com(-,ion August 10. 1998 c Page 5 97-98-39 Mr. Jones said they can only do what D.O.T. allows them to do and said they will submit the plan (that is before the Commission) to D.O.T. to see if they will allow them to use that plan for the landscaping in front of their pond. That is all they can do, the dealings , would be with D.O.T. and said the City would not have anything to say about it, it is possible that D.O.T. may say that they don't want the landscaping. Mr. Jones said he will commit to the City, that in the developers agreement, if they ,cannot do the D.O.T. pond,. the way we are showing here tonight, they will then do the landscaping in front ofth~ .' apartment complex to City Code. ' Manager McLemore said the point is that if the City takes the pond, then we can determine the landscaping on our own; if D.O.T. has the ppnd then we have to go with what they decide. Discussion. ' Commissioner McLeod requested that tlJ.e City ManagerbriJ:1g to .the Commission, the actual conceptual drawings for this property on how this was to be laid out. Discussion on the original agreement for this property. Commissioner McLeod had questions on the pond. Commissioner McLeod asked that the City Manager look into the slope of the D.O.T. pond. Commissioner Martinez asked Mr., Jensen what were the homeownersconcems with regards to the pond. Mr. Jensen stated that at the beginning their concern was the way the apartment buildings were originally laid out, and that was that they were very close to the property line and there was not much of a buffer between the homes and, the apartments; Mr. Jensen stated that the developer accommodated by moving the buildings and putting in a retention pond. Commissioner Blake asked about taxes and security for the apartments. Commissioner Blake had question regarding the road to Kash n' Karry. Commissioner McLeod had questions on the trash compactor and on the road from the apartments and the Kash n' Karry. Commissioner McLeod said Mr. Jones is asking for three things one being parking, ,the other being signage and the third is apartment complexes. . , ' Commissioner McLeod asked about the retention pond ii1 the south portion of the property and the trees there. Discussion. Commissioner Gennell had questions on the retention pond and the ownership of'that pond. Discussion on the retention pond. - .il. , , ( Regular Meeting City ConhulSsion August 10. 1998 97-98-39 ( ~-' . .#J t. Page 6 Motion was made by Commissioner Miller that the Commission conceptually concur with a proposal for this property to be used for apartment dwellings and that this comes back in one month so the Commission can revisit the questions that haye been raised here this evening. Mayor Partyka' clarified the motion and that is: approve the conceptmil plan wi~b: ~, all the recommended changes and questions and then follow the normal procedure., .". Discussion. Commissioner Miller withdrew his motion. . ......;... Motion was mad~ by Commissioner Martinez that the Commission considers this.., project favorably at this time and that the Commission forWard it to the proper'" agency and attorney for final ,resolution, including all the points that have been -"; , discussed today. Motion fails for lack of a second. ' , '. Discussion on this item. Commissioner McLeod asked that the Attorney give the Commission a letter stating where it is in the Code that this can be done. Attorney Guthrie said the letter will be an interpretation of Ordinance 489 and the Development Agreement. Commissioner McLeod said he would like to see this project moved fOIWardWith the ' connection of the two parcels. It was the consensus of the Commission to move this project fOIWaid. Mayor Partyka, called a recess at 9:50 p.m. Mayor Partyka reconvened the meeting at 9:58 p.m. "" , ,'; , City Manager B. Requesting the Commission review the' annexation issues between the City' of Winter Springs, City of Oviedo, 'and Seminole County and to provide appropriate direction: Manager McLemore gave to the Commission Copies of a respo~e relative' to the' Commission's question about what is in the record relative to the Coirimission voting on' or taking position on the J.P.A. that we had submitted to the County in 1995. Manager McLemore said the response states that basically we are unable to find any record that the County had taken any action and then said he followed up, the research . with a letter to the County Manager stating just that, and said if they (County) can find anything contrary to what we have been able to find, then to please notify him (McLemore) right away. ,~ _ tl~...\ ~ ..t.. ~ ~ S \-\ -c:- \-{A \2. Q Y P\-\"* T {;~\J\D..()N\'\\L~mL ~\n;: AS9;~ty\b~~ct No. 19806-001-02 Report No. 98-0528 1.0 SUMMARY The subject property investigated as part of this Phase I Environmental Site Assessment (ESA) consists of a parcel of approximately 11.2 acres and is currently vacant and undeveloped. The subject property is on the southwest comer of State Road (SR) 434 and Vistawilla Drive, in Orlando, Florida. Please refer to the Site Location Map presented in Appendix A-1 and the Site Plan presented in Appendix A-2 for additiDnal infonnation. Based on the findings of this Phase I ESA conducted in accordance with American Society for Testing and Materials (ASTM) fonnat E1527, we conclude the following: 1. We found no evidence of recognized environmental conditions with respect to past uses of the subject property or adjoining properties based on our field observations, historiCal research, and public records review. \. 2. We found no evidence of petroleum product or hazardous materials storage or use at the subject property. . 3. We found no evidence indicating the presence of underground storage tanks (USTs), polychlorinated biphenyls (PCBs), drinking water wells, seeps, unusual odors, or stressed vegetation on the subject property or on adjoining sites based on our field observations, interviews, 'and historical and public records review. 4. ND evidence exists indicating the presence of facilities within the ASTM minimum search distance that contain leaking USTs based on our regulatory agency contact and field observations. 5. No facilities that fonnerly or currently generate(d) hazardous waste or use (d) hazardous materials were identified within the ASTM Minimum Search Distance based on our regulatory agency contact and field observations. Based on the conclusions of the Phase I ESA conducted at the referenced property, Universal Engineering Sciences, Inc. (UES) finds no evidence of recognized environmental conditions which would warrant further investigation at this time. 2.0 INTRODUCTION 2.1 PURPOSE The primary purpose of this assessment was to conduct an investigation of the subject property and surrounding properties for signs of potential hazardous substances or petroleum impacts and to identify recognized environmental conditions associated with the past or present uses of the subject property and neighboring properties. This environmental assessment was conducted following the ASTM E1527-94 Standard Practice for Environmental Site Assessments. This assessment was also intended to identify potential off-site contaminant sources within the distances set forth in ASTM E 1527 guidelines. ,< Page 1 Df 10 Pages w Project No. 19806-001-02 RepDrt No. 98-0528 This assessment was completed by Tracy L. Tobin, Staff Geologist, under the guidance of Eric R. Kreb ill , Professional Geologist, both employees of Universal Engineering Sciences, Inc. Qualifications of personnel participating in this assessment are provided in Appendix B. 2.2 SPECIAL TERMS AND CONDITIONS The scope of work does not indude an evaluation of asbestos containing building materials, lead based paint, radon, environmental compliance, site geotechnics (soils, foundations, site retention, etc.), wetlands, endangered species, or construction materials testing. UES can provide these additional services, if necessary. This Phase I ESA meets the requirements as set forth in ASTM E1527. The accuracy; correctness and completeness of this Phase I ESA is provided with knowledge of the Comprehensive Environmental Response Compensation and Uability Act (CERCLA) as set forth in 42 United States Code Section 9601 et seq., as amended. _. ~. This report is intended for the sole use of Zimmer Development Company. Its contents may not be relied upon by other parties without the explicit written consent of UES. This is not a statement of suitability of the property for any use or purpose. A copy of the General Conditions is contained in Appendix C. 2.3 LIMITATIONS AND EXCEPTIONS OF ASSESSMENT The findings of this report represent our professional judgement; no warranty is expressed or implied. These findings are relevant to the dates of our site work and the infonnation cited herein. This report should not be relied upon to represent property conditions on other dates or at 10catiDns other than those specifically cited within the report. UES can accept no responsibility for interpretations of these data made by other parties. This report, and the infonnation contained herein, shall be the sole property of UES until payment of any unpaid balance is made in full. The client agrees that until payment is made in full, the' dient shall not have a proprietary interest in this report or the infonnation contained herein. UES shall have the absolute right to request the return of any and all copies of this report submitted to other parties, public or private, on behalf of the dient in the event of nonpayment of outstanding fe.es by the client pursuant to UES's General Conditions. 2.4 LIMITING CONDITIONS AND METHODOLOGY USED PortiDns of the subject property were covered with dense vegetation which limited access to these areas. There were no other constraints which would impede our inspection of the property or obstruct our view, such as perimeter fences or inaccessible structures present. This report has been prepared in accordance with ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Assessment Process (Designation E1527-97). MethodDIDgy followed good commercial and customary practice with a goal to identify" recognized environmental conditions that would be subject to an enforcement actiDn if brought to the attention of appropriate government agencies. .- Page 2 of 10 Pages w 1 . . I .; Project No. 19806-001-02 Report No. 98-0528 3.0 PROPERTY DESCRIPTION 3.1 LOCATION AND LEGAL DESCRIPTION The subject property, which consists of approximately 11.2 acres of vacant and undeveloped land, is located at the southwest comer of SR 434 and Vistawilla Drive in Orlando, Seminole County, Florida. The subject property is located within Section 5, Township 21 South, Range 31 East as referenced in the "Oviedo, Florida" United States Geological Survey (USGS) topographic quadrangle map presented in Appendix A-1 (Site Location Map). Please also refer to the Site Plan in Appendix A-2, the 1995 Aerial Photograph in Appendix A-3. The legal description was not provided to UES by the client. 3.2 PROPERTY AND VICINITY CHARACTERISTICS At the time of- our investigation, the subject property appeared as a vacant and u~ndeveloped parcel of 11.2 acres. The property vicinity is characterized by residential developments to the south and southeast and undeveloped land. Please refer to the Site Location Map in Appendix A-1, the Site Plan in Appendix A-2, the 1995 Aerial Photograph in Appendix A-3, and Section 3.7 for additional details. 3.3 STRUCTURES, ROADS, AND/OR OTHER IMPROVEMENTS WITHIN THE PROPERTY At the time of our site investigation, we observed the subject property was vacant and undeveloped with low lying vegetation. Power lines run parallel with SR 434. A sidewalk runs parallel with Vistawilla Drive. No other structure(s) or capital improvement(s) to the subject property were observed. ' 3.4 INFORMATION REPORTED BY USER REGARDING ENVIRONMENTAL LIENS No infonnation was provided to UES with respect to any environmental liens on the subject property . 3.5 CURRENT PROPERTY USE Atlthe time of our site investigation, the subject property was vacant and undeveloped. 3.6 PAST PROPERTY USES Based on our review of aerial photographs, property title records, and interviews, the subject property has not been developed or used for any purpose. None of the past uses of the subject property appear to have presented an environmental concern. 3.7 CURRENT AND PAST USES OF ADJOINING PROPERTIES Currently, the properties adjoining the subject property are used as follows: - .' Page 3 of 10 Pages 83 ~, ;~ wf 11 ;. - n ..ii ~.- ~= '- !l ~I ~j u ;0... :i!i ,- ~I ~~!! .A..-. .' Project No. 19806-001-02 Report ND. 98-0528 'JIf...a']11i111.~1~1Ir" Direction From Subject Property North East Description of Property Use Immediately north of the subject property are SR 434 and undeveloped land. Immediately east of the subject property are VlStawilla Drive and undeveloped land. Immediately south of the subject property is Vistawilla Drive and a residential community. Immediatelv west of the subiect orooertv is undeveloped land. South West According to a review of the earliest aerial photograph available (1940). the adjoining properties surrounding The property were undeveloped. ' Based on our aerial photograph reView, the adjoining properties to the north, east, and west remained undeveloped from 1940 to the present The residential community south of the subject property was first observed on the 1989 aerial photograph. None of the past or present uses of the properties adjoining the subject property appear to represent uses of potential environmental concern. ' 3.8 SITE PLAN Please review the Site Plan presented in Appendix A-2. The Site Plan shows the proposed property boundaries, surrounding roads, and easements. 4.0 RECORDS REVIEW 4.1 STANDARD ENVIRONMENTAL RECORD SOURCES, FEDERAL AND STATE As a part of this assessment, we reviewed information sources to obtain existing information pertaining to a release of hazardous substances or petroleum products on or near the subject property. UES obtained an ASTM site search report through Radius Data Corporation (RDC). A copy of the RDC report is contained in Appendix D. UES also reviewed other available standard environmental record sources at the Florida Department of Environmental Protection (FOEP) Central District and the Seminole County Government Engineering Division (SCGED), as needed. The following state and federal sources were consulted during this record review: State and County Database Review (FDEP and SCGED) . FDEP, Leaking Underground Storage Tanks (LUST) · FDEP, Registered Underground Storage Tanks (UST) · FDEP, Registered Aboveground Storage Tanks (AST) . FDEP, State Hazardous Waste Sites (SHWS) . FDEP, Solid Waste Facilities/Landfill Sites (SWF/LS) . FDEP, EDB Application Zone Delineation Maps of Florida " Page 4 of 10 Pages w T .' T T J ] I i I .; Project No. 19806-001-02 Report No. 98-0528 Federal Database Review (United States Environmental Protection Agencv -(EPA)] · EPA, CDmprehensive Environmental Response, Compensation, and Liability Act Index (CERCLlS) · EPA, Toxic Release Inventory System (TRIS) · EPA, Facilities Index System List (FINDS) · EPA, Resource Conservation & Recovery Act Index System List (RCRIS) · EPA, Emergency Response Notification System List (ERNS) · EPA, RCRA Administrative Action Tracking System (RAATS) . EPA, National Priorities List (NPL) Table 2 lists the minimum search distances used during this assessment as set forth in ASTM E 1527; 1'IIt...III'~)I__ SOURCE SEARCH DISTANCE 1.0 mile O.Smile 4.1.1 FLORIDA STATE AND SEMINOLE COUNlY RECORDS REVIEW According to infonnation provided by ROC, the subject property is not listed on the state or county databases. No site-s in the vicinity of the subject property are listed within the minimum search distance as specified by ASTM that contain leaking USTs based on our regulatory agency contact and field observations. Please refer to the ROC report in Appendix D for details. In addition to reviewing the ROC report, UES performed reconnaissance of the property vicinity to identify any sites not mapped by due to inadequate or inaccurate address information and to look fDr unregistered facilities. No petroleum fueling or storage facilities were observed within a half mile of the subject property during field reconnaissance performed by UES. Page 5 of 10 Pages E!3 . ; - .. 4.1.2 FEDERAL RECORDS REVIEW Project No. 19806-001-02 Report No. 98-0528 The ROC report indicates that no EPA listed sites are located in the vicinity of the property within the minimum search distance specified by ASTM. No facilities suspected of generating hazardous wastes were observed by UES during reconnaissance of the property vicinity. 4.2 PHYSICAL SETTING SOURCES The "Oviedo, Florida" USGS topographic quadrangle map, Seminole County Soil Survey, Florida Department of Natural Resources' Environmental Geology Series - Onando Sheet, and regulatory files available regarding properties of environmental concern in the property vicinity were reviewed as sources for obtaining infonnation regarding the physical setting of the subject property and surrounding vicinity. Analysis of the physical setting is discussed in Section 5.9. 4.3 HISTORICAL USE INFORMATION 4.3.1 AERIAL PHOTOGRAPH REVIEW " To evaluate the previous land uses of the subject property and surrounding areas, a series of aerial photographs was reviewed. The aerial photographs provide a progressive overview of parcels pertaining to this assessment. We reviewed aerial photographs from 1940 to 1995, available at ,the Seminole County Government Engineering Division. Please refer to Appendix A-3 for a copy of the 1995 Aerial PhotDgraph. Descriptions of UES' observations are outlined in Table 3. :::::':,;:;',':;.:i::'::':,:i':;::::i:,i,:::;i,::!:::::itiii:i':i:::::::!::::::,::,,:,!;::::":,:'j::'::::::,;::::,;:::,!::i:,:,:',i::::, ?:::;x;:)::':::;:'::'ij/:, [ ;::::::;TABL$::'~::::iiii:i;:':;:;(':,:;::,:i::,:::::ii::',)::::::::::ii::!::!::!:;i:'!:i:::::'i:!',:!:!:i!!l:ii:ii:i::,:i:';::('::;.:i::::':iii';:"!'::::::ii..::ii'!::i:i!;."i:::::;::::::I:::::i:::::I:::;::11:::;i :(:)i:;:/:::,;::;:::"::'i'!::;!j'J::::::}:ii!:ii::'::!!':::;':}::{'}::::I:::':$'Umm:il'ry,::d'r:::Aei1~j'phBtHgHi'pH:::06se:rv~tton~:?:i:::::::::::,:)::i:i~{::::::,:::::':::::::i!I:::::i!:::;:::::::;:::::'::::::::IiIl::: Photograph Photograph Date Scale Quality 1940 1" = 420' fair 1948 1"_ 420' fair 1957 1" = 400' fair 1962 1" = 1000' very poor 1968 1" = 500' fair 1972 1" = 400' good Remarks The subject property and adjoining properties are undeveloped. State Road 434 adjoins the property to the north. No significant changes were observed to the subject property or adjoining properties from the previous aerial photograph. The subject property is undeveloped. The west and east adjoining properties are undeveloped with areas of woods. The south adjoining property is undeveloped. SR 434 and undeveloped land are adjoining to the north. No significant changes were observed to the subject property or adjoining properties from the previous aerial photograph. No significant changes were observed to the subject property or adjoining properties from the previous aerial photograph. No significant changes were observed to the subject property or adjoining properties from the previous aerial photograph. " Page 6 of 10 Pages 83 l- 'A .; L Project No. 19806-001-02 Report No. 98-0528 1I1)J1~III".'.TI'j~f".J.I,'.III. Photograph Photograph Date . Scale Quality 1974 1" = 200' fair 1980 1" = 400' good 1986 1" = 400' good I 1989 1" = 400' i fair ~I - 1991 1" = 200' fair 1993 1" = 200' fair 1995 1" = 200' good 4.3.2 PROPERTY OWNERSHIP RECORDS Remarks No significant changes were obselVed to the subject property or adjoining properties from the previous aerial photograph. No significant changes were ObselVed to the subject property or adjoining properties from the previous aerial photograph. No significant changes were ObselVed to the subject property or adjoining properties from the previous aerial photograph. The subject property Is undeveloped with woods on the southwest portion of the property. The adjoining properties are undeveloped with wooded areas. SR 434 Is..n~rth of the subject property. Further south Is a residential community. No significant changes were obselVed to the subject property or adjoining properties from the previous aerial photograph with the following exception, Vistawilla Drive under construction. The subject property is undeveloped with scattered trees. The west adjoining property is undeveloped with trees. Adjoining to the north are SR 434 and woods. The east adjoining property is Vastawilla Drive and undeveloped land with trees. The adjoining property to the south is Vistawilla Drive and residential. No significant changes were obselVed to the subject property or adioininQ properties from the previous aerial photoQraph. Past usage of the subject property was evaluated through interviews and a review of historical aerial photographs. 4.3.3 SANBORN FIRE INSURANCE MAP REVIEW Fire Insurance Maps generated by the Sanborn Map Company were not required, since development of the subject and adjoining properties was determined through review of aerial photographs and interviews. Sanborn maps are not likely available due to the historically rural nature of the property vicinity. 4.3.4 CITY DIRECTORY REVIEW Historical street directories listing the former businesses at the street addresses of the subject property and in the vicinity of the subject property were not reviewed by UES, since the subject and adjoining properties have remained undeveloped. ," Page 7 of 10 Pages E!3 " L" I i t 1 1 I Project No. 19806-001-02 Report No. 98-0528 4.3.5 LAND USE RECORDS Building records were not reviewed, since past land 'Usage does not indicate the likely presence of petroleum or hazardous material storage tanks or septic tanks/drain fields. 4.3.6 OTHER HISTORICAL SOURCES No other historical sources were reviewed during this assessment 4.4 PRIOR ASSESSMENT I No prior environmental assessment reports were provided to UES by the client or current property owners. 5.0 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS 5.1 SITE RECONNAISSANCE " On April 30, 1998, a walkover inspection of the subject property was completed by Tracy L. Tobin. The purpose of the site visit was to investigate the current conditions of the subject property. The inspection included walking the interior of the property through trails and clearings and walking the property boundaries. This visual inspection of the property focused primarily on its surface features. Site photographs are included in Appendix E. Our observations during the site investigation were as follows: The subject property is bounded to the north by SR 434 and to the east by Vistawilla Drive. The subject property has low lying vegetation and scattered trees. There is a path and a few trails running east to west from Vistawilla Drive through the subject property. The trails were followed to inspect for dumping. Several concrete blocks were observed near the center of the subject property. We observed no evidence of petroleum product or hazardous materials storage or use at the subject property. We found no,evidence indicating the presence of obvious surface discharges, indications of solid or liquid waste dumping or disposal, underground storage tanks (USTs), polychlorinated biphenyls (PCBs), drinking water wells, seeps, unusual odors, or stressed vegetation on the subject property. No recognized environmental conditions were noted on the subject property. 5.2 SITE VICINITY RECONNAISSANCE Reconnaissance of the property vicinity was performed by Tracy L. Tobin on April 3D, 1998 to verify regulatory database information and evaluate land practices in the vic!nity which may have the potential to adversely impact the subject property. No unrepDrted petroleum or suspected hazardous waste generatDrs were observed in the immediate property vicinity. No facilities were identified which were suspected to have caused an environmental impact to the subject property. " Page 8 Df 10 Pages a3 .i." ~T . -. . -, IRirJ - I II ~' '" '. Project No. 19806-001-02 Report No. 98-0528 5.9.1 TOPOGRAPHY The USGS topographic quadrangle map titled "Oviedo, Florida" was referenced as a source for obtaining information regarding the physical setting of the subject property and surrounding vidnity. The subject property is located approximately 15 feet above sea level. The topography in the vidnity slopes gently to the south toward low lying areas. A copy of the USGS Quadrangle Map is provided as Appendix A-1 (Site Location Map). 5.9.2 SOILS/GEOLOGY The general geology of Seminole County is characterized by 30 to 50 feet of undifferentiated fine to medium grained sands and dayey sands of Holocene age ovenying the Miocene age Hawthorn Group. The Hawthorn is approximately 100 feet thick and is comprised of interbedded layers of clay, clayey sand, sandy clay, and phosphatic carbonates. The undenying Tertiary age carbonates gently dip east under an increasing thickness of younger sediments. _. ~ ,According to the Soil Conservation Service, Seminole County Soil Survey, surficial s'oils at the subject property are dassffied as Pomello fine sand. This soil is nearly level to gently sloping and moderately well drained. 5.9.3 HYDROGEOLOGY The general hydrogeology of Seminole County indudes an unconfined surficial aquifer separated from the Floridan aquifer by the Hawthorn Group. The surfidal aquifer is recharged by rainfall and can yield small to moderate amounts of water to small diameter wells. The Floridan aquifer may reach 2,000 feet in thickness and is the primary source of the public water supply. The direction of shallow groundwater flow is generally toward, surface water bodies. The direction of shallow groundwater flow, based solely on the USGS Topographic Map, is undeterminable. 6.0 ANY OTHER CONDITIONS OF CONCERN No other conditions of environmental concern were observed. 7.0 FINDINGS AND CONCLUSIONS We have performed this Phase I ESA in accordance with the scope and limitations of ASTM Practice E1527 -97 at the 11.2-acre undeveloped parcel located at the southwest comer of SR 434 and Vistawilla Drive in Onando, Florida. Any exceptions to or deletions from this practice are described in SectiDns 2.2, 2.3 and 2.4 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with ttle property. In conclusion, based on the findings of this investigatiDn, no further investigation is warranted at this time. :' Page 10 of 10 Pages w '. K,\ S \-\ '("I.' \< A. Q Q "'l' L\-STE'D ~c...\E > RsPoP-\ Purpose The purpose of this survey is to determine the presence, or potential for occurrence, of species listed as threaten~d, endangered or as of special concern by the U. S. Fish and Wildlife Service (USFWS) and the Florida Game and Freshwater Fish Commission (FGFWFC). This information was collected in order to: evaluate the regulatory constraints for development of the parcel. This survey was conducted by a professional environmental scientist. This report was prepared for Zimmer Development Company pursuant to and in accordance with the terms and standards in the Agreement between Zimmer Development Company and Bowyer-Singleton and Associates, Inc. Site Description The site consists of approximately 11.26 acres located south of State Road 434, west of Vista Willa Drive and northeast of Howell Creek Reserve, a Tuscawilla PUD residential development in Section 5, Township 21 south and Range 31 east in Seminole County (please refer to Exhibit 1 - Location Map and Aerial Photograph). Detailed field observations of the site were conducted on July 28, 1998 to document the vegetative communities and to determine the probability of active wildlife inhabiting the site. A variety of outside sources were reviewed to develop this site evaluation. Records included aerial photographs, FGFWFC Eagle Nests of Seminole County Survey, United States Geological Service (USGS) Quadrangle Maps, and the Seminole County Soil Survey. There is a wetland in the southwestern area of the site that is contiguous with the forested wetland on the western adjacent property. The subject site is lightly to moderately vegetated and lightly wooded. The entire parcel is undeveloped land cornered within an upcoming residential and commercial area. The canopy vegetation consists of red maple (Acer rubrum), sweetgum (Liquidambar srtyaciflua), cabbage palm (Sabal palmetto), scattered slash pine (Pinus elliottl) and scattered longleaf pine (Pinus palustris). The ground'cover is dominated by bahaia grass (Paspalus notatum) with lantana (Lantana camara), caesar weed (Urena tobata), false willow (Baccharis halimifolia), water primrose (Ludwigia repens), wild mint (Labiatae spp.) and blackberry (Rubus spp.) (please refer to Exhibit 2 - Reconnaissance Photographs ). Soils The soil descriptions and locations are from the United States Department of Agriculture Soil Conservation Service Soil Survey for Seminole County, Florida (please refer to Exhibit 3 - Soils Map). No soil borings or field testing has been performed to confirm the soil type as it is mapped. Four soil types are present on the subject site including Pomello fine sand, 0 to 5% slopes (27), Adamsville- Sparr fine sands (2), Basinger, Samsula and Hontoon soils, depressional (10) and Myakka and EauGallie fine sands (20). .1 \\KNK1\REPORTS\6000 BOWYER-SINGLETON . '. One of the soil types on this site is including Pomello fine sand, 0 to 5% slopes. The soils in this map unit are nearly level to gently sloping and moderately well drained. They are found on the low ridges and knolls on the flatwoods. Typically, this soil is has a surface layer of light gray fine sand about 2 inches thick. In most years, a seasonal high water table (SHWT) is at a depth of 36 to 60 inches for 1 month to 4 months. The permeability of this soil is very rapid in the surface and subsurface layers, moderately rapid in the subsoil and rapid in the substratum. The natural canopy vegetation on this soil type consists mostly of longleaf pine, sand pine and slash pine. The understory includes lopsided indiangrass, creeping bluestem, saw, palmetto, pineland threeawn, bluestem, panicum and running oak. Another soil type on the site is Adamsville-Sparr fine sands. The soils in this map unit are level to nearly level and somewhat poorly drained. They are found on the low ridges of the uplands and on low knolls on the flatwoods. TypiCally, Adamsville soil is has a surface layer of grayish brown fine sand about 4 inches thick. Typically, Sparr soil has a surface layer of grayish brown fine sand about 4 inches thick. In most ye~rs, the seasonal high water table (SHWT) is within 12 to 36 inches of the surface of Adamsville and Sparr soils for up to 6 months. The permeability of Adamsville soil is rapid. Th~ permeability of Sparr soil is rapid in surface and subsurface layers and is slow or moderately slow in the subsoil. The natural canopy vegetation on this soil type consists mostly of longleaf pine and slash pine and of laurel, live, water, blackjack and turkey oaks. The understory includes scattered saw palmetto, pinel and threeawn, gallberry and wax myrtle. Field observations generally correspond to the naturally occurring vegetation found in this map unit. Another soil type on the site is Basinger, Samsula and Hontoon soils, depressional. The soils in this . map unit are nearly level and very poorly drained. They are found in the swamps and depressions. Typically, Basinger soil is has a surface layer of very dark gray mucky ,fine sand about 6 inches thick. Typically, Samsula soil has a surface layer of muck about 30 inches thick. Typically, Hontoon soil has a surface layer of dark reddish brown muck about 18 inches thick. In most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months or more. The permeability is rapid in this map unit. The natural canopy vegetation on this soil type consists of mixed stands of cypress, red maple, sweetgum, cabbage palm, sweetbay and blackgum. The understory includes cutgrass, maidencane, Jamaica sawgrass, sedges, ferns and other water-tolerant grasses. Field observations generally do correspond to the naturally occurring vegetation found in this map unit in the area close to the wetland that is located on the western adjacent property. Another soil type on the site is Myakka and EauGallie fine sands. The soils in this map unit are nearly level and poorly drained. They are found on the broad plains on the flatwoods. Typically, Myakka soil is has a surface layer of black fine sand about 5 inches thick. Typically, Eau Gallie soil has a surface layer of dark gray fine sand about 5 inches thick. In most years, a seasonal high water table (SHWT) is within 12 inches of the surface for 1 month to 4 months. The permeability of Myakka is rapid in the surface and subsurface layers and in the substratum and is moderate or moderately rapid in the subsoil. The permeability of EauGallie soil is rapid in surface and subsurface layers, moderate or " \\KNK1\REPORTS\6000 2 BOWYER-SINGLETON moderately rapid in the sandy part of the subsoil, and moderately slow in the loamy part of the subsoil. The natural canopy vegetation on this soil type consists mostly of long leaf pine and slash pine and live and laurel oaks. The understory includes lopsided indiangrass, inkbeny, saw palmetto, pinel and threeawn, bluestem, panicum, wax myrtle and other grasses. Wildlife and Listed'Species Observations may consist of evidence of tracks, scat, signs, calls and visual sightings. Potential habitats of listed species are more often recognized than actual evidence of the species. Characteristics of poten~al bald eagle habitat exists near the subject site, however, no potential bald eagle habitat was obserVed on the subject site. Bald eagle habitat typically includes large stands of old growth, talllongleaf pine trees. The site does not contain open bodies of water that would provide foraging habitat for other varieties of listed species such as wetland birds and none were observed during the field reconnaissance. Little wildlife was observed during the field reconnaissance. This is likely due to the proximity of State Road 434 and the surrounding Tuscawilla PUD. Species identified on the project site via visual sightings include Northern mockingbird (Mimus polyglottos). This animal is not listed by the FWS or the FGFWFC as listed species. Review of the FGFWFC eagle nest map for Seminole County indicates that there are 2 documented bald eagle (Haliaeetus leucocephalus) nests within one mile of the subject site (please refer to Exhibit 4 - USGS Quadrangle Map and Aerial Photograph with Eagle Nest Locations). Bald Eagles are listed by the USFWS and the FGFWC as a Threatened Species, although' the USFWS is considering delisting the species in Florida. The two nests are designated as OR 03 and OR 03A which indicates that it is very likely that the same pair has built a second nest or that a juvenile is inhabiting one of these nests. This family likely forages in Lake Jessup which in located just less than a mile north of the subject site. Summary Based on our survey of the property as described above and except for the bald eagle discussed below, it is our opinion that no other listed species occupy or use the project site. Two bald eagle (Haliaeetus leucocephalus) nests and habitat are documented to be located near the subject site, however, none were observed on or near the subject site during the field reconnaissance. One of the nests is located approximately 500 feet southwest of the southern comer of the site and the other nest is located approximately 4,600 feet southwest of the southwest corner of the site. Bald Eagles are listed by the FWS and the FGFWC as a Threatened Species. In the southeast, the bald eagle nesting period is usually from October 1 to May 15. Individual pairs return to their same territories year after year, and often territories are inherited by subsequent generations. Although the ,~ \\KNK 1IREPORTS\6000 3 BOWYER-SINGLETON eagle nest itself is protected, it is the nest site that originally attracted the pair that is of critical importance. Management of bald eagle habitat is important for areas that are determined to have nests. The primary zone and secondary zone are critical areas and must be maintained to pro!l1ote acceptable conditions for bald eagles. Except under unusual conditions, in Florida the primary zone encompasses an area extending 750 feet outward from the nest tree. Close proximity of human activities such as commercial, residential or industrial development, tree cutting, logging, construction, mining and/or use of chemicals toxic to wildlife are restricted within the primary zone. Unauthorized human entry should be restricted in the primary zone during the nesting period. Except under unusual conditions, in Rorida the secondary zone encompasses an area extending 750 feet outward from the primary zone (1500 feet from the nest tree). The precise distance will be dependent upon site-specific circumstances. Restrictions in this zone are needed to minimize disturbance that might compromise the integrity of the primary zone and to protect important areas outside of the primary zone. Certain activities within the secondary zone are likely to be detrimental to bald eagles and in most cases should be restricted. Such activities include development of new commercial and industrial sites, construction of multi-story buildings and high density housing developments between the nest and the foraging area, construction of new roads, trails and canals, and/or use of chemicals toxic to wildlife. Other activities may take place in the secondary zone, but only during the non-nesting period. Please note that the primary zone and secondary zone of OR 03 does extend onto the subject site. It is generally the policy of the regulatory agencies not to allow development within the primary zone of a nest. It is also generally the policy of the regulatory agencies to allow development within the secondary zone of a nest at a distance comparable to development which already exists in that area. Since portions of the primary and secondary zone of this nest have already been developed in nearby areas, no constraints to the development of this site are expected to result. .- \\KNK 1\REPORTS\6000 4 BOWYER-SINGLETON . , Cow~\~E="{ SPR\N~S \JHA~E T E ~VlRbNn~G~'lAL Slr~ A~SGSSlY\Gt0T I. Purpose of Work The Phase I Environmental Site Assessment is designed to identify recognized environmental conditions. This assessment included research and reconnaissance to evaluate the occurrence of such conditions. Consistent with good commercial and customary practice and, conducted in accordance with the American Society for Testing and Materials (ASTM) Standard E-1527 (Phase I ESA Process), the Phase I Environmental Site Assessment investigation did. not include sampling or analysis of potentially hazardous materials which may have been found on or off the subject property. No additional services were requested by the client and none were performed. II. Authorization and Access Authorization to perform this assessment was given in the form of a signed proposal between ContraVest, Inc. and Bowyer-Singleton & Associates, Inc. Field reconnaissance was performed on July 28, 1998. Access to the subject property and an explanation of the property to be included in the assessment was provided by Mr. Robert A. Yeager of Sullivan Properties, Inc. Ill. Findings A. Research · Chain of Title A Chain of Title was not reviewed as part of this report. . Interviews On July 30, 1998, Mr. Ross Arbelius of Seminole County Department of Emergency Management was interviewed by telephone (please refer to Appendix C - Records of Communication). Mr. Arbelius stated that, to the best of his knowledge, there have been no hazardous materials spillslincidents or environmental health concerns to which his department has been called upon to respond to at the subject site. On August 3, 1998, Battalion Chief Trigg of Seminole County Department of Public Safety was interviewed by telephone (please refer to Appendix C - Records of Communication). The Chief stated that, to the best of his knowledge, there have been no hazardous materials spills/incidents or environmental health concerns to which his department has been called upon to respond to at the subject site. II,TUS4\Reports\6000 BOWYER-SINGLETON .. ". "'~';~~"'~~-:~~~~~;s~rt:~~~~~;~~.;~~~~~.~.:~. . . . ~ . .. Property Owner or Representative On August 3, 1998, Mr. Robert A. Yeager of Sullivan Properties. Inc. current ownor at tho subject property was inte/Viewed by telephone (please refer to Appendix C _ Reootds ot Communication) and an Environmental Questionnaire and Disclosure Statement (EOOS) WDS completed. During the inte/View and upon completion of the EQDS. no recognIzod environmental conditions were revealed. . Listings Pertinent and available listings of environmental concern on or near the Subject property were reviewed for evidence of activities which may have an adverse environmental impact. The source for , the listings is Vista Information Systems, Inc. No. TUS400000 dated July 29, 1998. (please refer to Appendix D - Site Assessment Plus Report). Off-site distances were checked and verified during the field reconnaissance and historical aerial review conducted for this' report. A summary of our findings follows. National Priorities List (NPL) - The NPL is an inventory of facilities and/or locations with confirmed 'environmental contamination. These sites fall under the Comprehensive. Environmental Response; Compensation and Liability Act of 1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA), and often are referred to as .Superfund" sites. The NPL is maintained by 'the Environmental Protection Agency (EPA), which ranks the sites according to the extent of environmental health and safety concerns. and schedules them for remedial action. No NPL sites were listed wfthin one mile of the subject property. Comprehensive Environmental Response, Compensation and Liability Act Index System (CERCLlS) - CERCLlS is an identification of those facilities and/or locations currently being investigated by the EPA or associated state environmental agencies to ascertain the presence of potential or existing contamination. Preliminary site assessments normally are conducted by either the EPA or the appropriate state environmental agency for all sites included in CERCLlS. Many of the sites investigated,through CERCLA will be placed on the NPL for remedial action and will be included in the Site Enforcement Tracking System (SETS) for identification of potential liability. No CERCLlS sites were listed within one-half mile of the subject property. Resource Conservation and Recovery Act (RCRA) Index System List - The RCRA list reports those facilities and/or locations handling, storing or transporting hazardous substances or wastes. Due to the activities relating to the handling of hazardous substances, these sites possess the potential for environmental contamination. Inclusion on the RCRA list does not indicate contamination, but rather, the potential due to the presence and handling of hazardous substances. There were no Treatment Storage and Disposal (TSD) facilities listed <r- \I TUS4\Reports\6000 2 BOWYER-SINGLETON -- f ~ I t..' I' ,j, ~, ;J ,:);' ij " t ..... : / 'f!. 't'. l If. ~~:. k~ . : within one mile of the subject property. One RCRA Small Quantity generator was listed within one-quarter mile of the subject property: Cornell Garaqe Towinq, EPA 10# FL0052782414 is located at 1313 W State Road, Winter Springs, FL 32708 and is approximately 0.11 miles west of the subject property. No hazardous contamination has been identified in association with this facility . Resource Conservation and Recovery Act (RCRA) Administration Action Tracking System (RAA TS) ~ The RAA TS data base provides information regarding RCRA violators and the results of any action by the EPA against the violator. No RCRA violators were listed within one-quarter mile of the subject property. Toxic Release Inventory System (TRIS) - Section 313 of the Emergency Planning and Community Right-to-Know Act (Also known as SARA Title III) of the Superfund Amendments of Reauthorization Act (SARA) of 1986 (Public Law 94-499) requires the EPA to establish an inventory of toxic chemical emissions from certain facilities. The purpose of this reporting requirement is to inform the public and govemment officials of routine and accidental releases of toxic chemicals into the environment. The reporting requirement applies to owners and operators of facilities that have 10 or more full time employees, that are in Standard Industrial Classification (SIC) Codes 20 through 39 (e.g. manufacturing facilities) and that manufacture (including importing), process or otherwise use a listed toxic chemical in excess of specified threshold quantities. There are no reported releases of toxic materials within one-quarter mile of the subject property. Emergency Response Notification System (ERNS) - The Emergency Response Notification System is a national computer data base used to store information on releases of oil, and hazardous substances. The ERNS list identifies those facilities and/or locations that have been reported to EPA because of the release of potentially hazardous materials. The ERNS data base is extremely limited in the locational information provided. It attempts to identify three locations - the location of the spill, the location of the discharge organization, and the location of the individual or organization that reported the spill. There were no ERNS sites or reported releases of oil or hazardous substances within one-quarler mile of the subject property. Florida Sites List - The Florida Sites List is associated closely with the CERCUS list and identifies facilities andlor locations that the Florida Department of Environmental Protection (FOEP) has recognized as having existing or potential environmental contamination. There were no sites listed on the Florida Sites list within one mile of the subject property. Solid Waste Facilities (SWF) - The Solid Waste Facilities List is concerned with the handling of solid wastes. The presence of a site on this list does not indicate existing environmental contamination, but rather, the potential for environmental contamination. No solid waste facility sites were listed within one-half mile of the subject properly. " \I TUS4\Reports\6000 BOWYER-SINGLETON 3 Leaking Underground Storage Tanks, (LUST) - The LUST data base is concerned with petroleum storage systems and includes facilities and/or locations that have reported the possible release of contaminants. This listing also includes leaking ASTs. One LUST facility was listed within one-half mile of the subject property: Lil Champ Food Stores, #522. FL 10# 8838050 is located at 1025 SR 434, Oviedo, FL 32765 and is reported to be 0.23 miles east of the subject property. According to the FDEP files, Lil Champ Food Store #522 is located at the intersection of State Road 434 and Mitchell Hammock Road. This intersection is approximately 2.5 miles to the southeast of the subject site. Based on the infonnation in the FDEP's files and on the fact that the facility is located beyond the minimum search distance outlined in the ASTM E1527 -94 standards, the facility poses no environmental threat to the subject site. Stationary Tank Inventory System (STI) - The Florida Administrative Code requires the registration of underground (UST) and above-ground (AST) stationary. petroleum storage tanks. Inclusion on this list indicates the presence of stationary petroleum tanks and therefore the potential for environmental problems. No UST facilities were listed within one-quarter mile of the subject property. · Aerial Photographs Aerial photographs of the subject and adjacent properties for 1940, 1948, 1957, 1962, 1968, 1972, 1974, 1980, 1986, 1989, 1991, 1993 and 1995 were reviewed to obtain visual evidence of land use activities which may indicate recognized environmental conditions on the subject and adjacent properties. These historic aerial photographs were reviewed at the Seminole County Engineering Division, The Reflections Complex in Sanford; Florida. Review of the 1940 aerial photograph indicated that'the site was moderately to heavily vegetated and wooded. There were two wetland systems present on the subject property. Surrounding property had very similar characteristics. The property to the north, south, east and west also appeared moderately to heavily vegetated and wooded land with wetland systems. State. Road 434 was present north of the subject property. Further north of the subject site.. Lake Jessup is present. Review of the 1948 aerial photograph indicated that few trees on the uplands on the subject property had been cleared. Several heavy trails became apparent on the subject property. The surrounding properties to the south, east and west appeared to have undergone similar practices. The property to the north remains unchanged. Review of the 1957 aerial photograph indicated that the site had apparently been ditched. Vegetation was lighter this year although the wetlands still looked healthy. The surrounding properties to the south, east and west appeared to have undergone similar practices. The property to the north remains unchanged. II TUS4\Reportsl6000 4 BOWYER-SINGLETON "" .q Review of the 1962 aerial photograph indicated that the subject property and the surrounding properties appear the same as the former photograph with the exception that the ditches appear a lot deeper and more well defined. Review of the 1968 aerial photograph indicated that the subject property and the surrounding properties appear the same as the former photograph. Review of the 1972 aerial photograph indicated that the subject property and the surrounding properties appear the same as the former photograph. Review of the 1974 aerial photograph indicated that the subject property and the surrounding properties appear the same as the former photograph. Review of the 1980 aerial photograph indicated that the subject property and the surrounding properties appear the same as the former photograph. Review of the 1986 aerial photograph indicated that the subject property appears to be more heavily vegetated. A stormwater pond appears adjacent to and west of the subject property. The surrounding properties to the south and east appear the same as the former photograph. The surrounding property to the north still remains unchanged.' Review of the 1989 aerial photograph indicated that the subject property and the surrounding properties appear the same as the former photograph. Review of the 1991 aerial photograph indicated that the subject property and the surrounding properties appear the same as the former photograph with the exception of new trails evident. Review of the 1993 aerial photograph indicated that the subject property appears the same as the former photograph. The surrounding properties appeaf the same as the former photograph with the exception of a stormwater pond evident to the south of the subject site and Vista Willa Drive evident to the east of the subject site. Review of the 1995 aerial photograph indicated that the subject property appears to be the same as the former photograph. The surrounding properties appear the same as the former photograph with the exception of a private residential housing development under construction to the south of the subject property. · Quadrangle Map Review Review of the Lake Jessup. Florida U.S. Geological Survey Quadrangle Map dated 1956 and photo- revised in 1980 (based on aerial photographs taken in 1952 and 1977) indicates elevation at the :' II TUS4\Reports\6000 5 BOWYER -S INGLETON III 1 subject property ranges between 39 NGVD on the uplands to 25 NGVD in the wetlands. Review of the USGS Quadrangle Map generally supports the previously discussed aerial photographic observations. B. On-Site Reconnaissance '- On-site reconnaissance of the property and improvements for indications of recognized environmental conditions was conducted on July 28, 1998 by Bowyer-Singleton & Associates, Inc. (please refer to Appendix A - Location Map). The reconnaissance consisted of systematically traversing the site to provide an overlapping field review. Where possible, photographs were taken to document recognized environmental conditions (please refer to Appendix B- Reconnaissance Photographs). The following items were included in the on-site reconnaissance. · Property, Structures and Improvements - Property - The subject property consists of 11.26 acres of moderately vegetated and heavily wooded, undeveloped land. Two forested wetland systems are present within the limits of the property. Topography at the site. generally slopes to the west towards a stonnwater pond located off-site. The subject property is located entirely within Section 5. Township 21 South, Range 31 East, Seminole County, Florida (please refer to Appendix E - Legal Description). Structures and Improvements - At the time of the reconnaissance, no structures or improvements were present on the subject site. Silt fencing is present along the north, inner east and inner west property boundary. It is undetermined whether or not the silt fencing from the construction is actually imposing onto the subject property. - . Potential Sources of Surface Contamination . ....A. The on-site reconnaissance addressed containers, drums, above-ground storage tanks (ASTs) and other above-ground storage units containing material which may pose an ' environmental concern. ~ - -""" No containers, drums, ASTs or other above-ground storage units containing materials which pose an environmental concern were observed on-site. T - ...... - ..... , II TUS4\Reports\6000 6 BOWYER-SrNGLETON ~...... - The on-site reconnaissance addressed dumps, pits, landfills, borrow pits or lagoons which may have been used for disposal purposes. A small dump containing abandoned major household appliance was observed on the subject site. The contents did not appear to have a potential to pose an environmental concern. No other pits, landfills, borrow pits or lagoons which may have been used for disposal purposes were observed on the site. Transformers No transformers were observed on the site. Surface Stains No surface stains were observed on the site. Stressed Vegetation No chemically-stressed vegetation was observed on the site. · Potential Sources of Airborne Contamination At the time of the site reconnaissance, there was no indication of potential sources of airborne contaminants. · Potential Sources of Waterborne Contamination At the time of the reconnaissance, there was no indication of potential sources of waterborne contamination. , C. Off-Site Reconnaissance A visual reconnaissance of adjacent property and improvements was conducted on July 28, 1998 for indications of recognized environmental conditions. The observations were limited to areas and facilities that readily were visible and immediately adjacent to the subject property. · Surrounding Properties The subject property is bound to the north by current land clearing practices for a future development, then Slate Road 434, then heavily wooded, undeveloped land. and Lake Jessup; to the south by Howell Creek Reserve, a residential development; to the east by moderately vegetated and wooded, II TUS4\Reporls\6000 7 BOWYER-SINGLETON undeveloped land, then Vista Willa Drive; and to the west by heavily wooded, undeveloped land and a stormwater pond. · Potential Sources of Surface Contamination No potential sources of surface contamination were observed on the adjacent properties. · Potential Sources of Airborne Contamination No potential sources of airborne contamination were observed on the adjacent properties. · PotentfaJ Sources of Waterborne Contamination No potential sources of waterborne contamination were observed on the adjacent properties. IV. Conclusions and Recommendations A Conclusions A review of available Federal and State environmental listings indicated that subject and adjacent. properties are not included. A review of historic aerial photographs and, topographic maps, as well as interviews and reconnaissance conducted for this report, indicates that the subject site consists of 11 ,acres of moderately vegetated and heavily wooded, undeveloped land. The site is generally located within an upcoming residential and commercial development area. A Phase I Environmental Site Assessment was performed in accordance with the scope and limitations of ASTM Practice E..1527 and of ContraVest, Inc. Any exceptions to, or deletions from, this practice are described in the Purpose of Work section of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property. B. Recommendations No additional environmental site assessment is recommended at this time. v. Warranty The field observations, measurements and research reported are considered sufficient in detail and scope to form a reasonable basis for a general environmental site assessment of this property. Bowyer-Singleton & Associates, Inc. warrants that the findings and conclusions contained herein have II TUS4\Reports\6000 8 BOWYER-SINGLETON I: -, been promulgated in accordance with generally accepted environmental engineering methods for the property described in this report. These environmental methods have been developed to provide the client with information regarding apparent indications of existing, or potential environmental conditions relating to the subject property and are limited necessarily to the conditions observed at the time it was prepared. In the event additional information is provided to Bowyer-Singleton & Associates, Inc. following submission of this report, it will be forwarded to the client, in the form received, for evaluation. There is a distinct possibility that conditions exist which could not be identified within the scope of the assessment, or which were not apparent during the site visit. Bowyer-Singleton & Associates, Inc. believes that the information provided during the record review of public information, and interviews concerning the property, is reliable. However, Bowyer-Singleton & Associates, Inc. cannot warrant or guarantee that the information provided is complete and accurate. .- 1\ TUS4\Reports\6000 9 BOWYER-SrNGLETON C~un.TNEY SY'O-.\\'-lG_ S L \ ~ TEp 'S'PE"c. \ G S \:{ e~D\"l \" Purpose The purpose of this survey is to determine, the presence, or potential for occurrence, of species listed as threatened, endangered or as of special concern by the U. S. Fish and Wildlife Service (USFWS) and the Florida Game and Freshwater Fish Commission (FGFWFC). This information was collected in order to evaluate the regulatory constraints for development of the parcel'. This survey was conducted by a professional environmental scientist. This report was prepared for ContraVest, Inc. pursuant to and in accordance with the terms and standards in the Agreement between ContraVest, Inc. and Bowyer-5ingleton and Associates, Inc. Site Description The site consists of 24.06 acres located south of State Road 434, west of Vista Willa Drive and north of Howell Creek Reserve, a Tuskawilla PUD named unit development in Section 5, Township 21 south and Range 31 east in Seminole County (please refer to Exhibit 1 - Location Map and Aerial Photograph). Detailed field observations of the site were conducted on July 28 and August 27, 1998 to document the vegetative communities and to determine the probability of active wildlife inhabiting the site. A variety of outside sources were reviewed to develop this site evaluation. Records included aerial photographs, FGFWFC Eagle Nests of Seminole County Survey, United States Geological. Service (USGS) Quadrangle Maps and the Seminole County Soil Survey. The subject site is moderately vegetated and. wooded and contains two heavily wooded forested 'wetlands. The entire parcel is undeveloped land cornered within an upcoming residential and commercial area. The southeastern and southwestern comers of the site contain wetlands. The, canopy of the wetland portion of the site consists of cypress (Taxodium distichum), red maple (Acer rubrum), loblolly bay (Gordonia lasianthus), laurel oak (Quercus laurifolia), sweet gum (Uquidambar styraciflua) and cabbage palm (Saba! minor). Understory and shrub layer in the wetlands consists of cinnamon fern (Osmunda cinnamomea), chain fern (Woodwardia virginica), netted chain fern (Woodwardia areoiata), saw palmetto (Serenoa repens) and an abundance of muscadine grape vine (Vms spp.): The uplands are dominated by sweetgum with few live oaks (Quercus virginiana), cabbage palm (Saba! palmetto), scattered slash pine (Pinus elliottil) and scattered longleaf pine (Pinus, palustris). The groundcover is dominated by bahiagrass (Paspalum notatum) with lantana (Lantana camara), caesar weed (Urena !obata), false willow (Baccharis halimifolia), dogfennel (Eupatorium capillifolium) and blackberry (Rubus spp.) (please refer to Exhibit 2 - Reconnaissance Photographs). Soils The soil descriptions and locations are from the United States Department of Agriculture Soil Con~ervation Service Soil Survey for Seminole County, Florida (please refer to Exhibit 3 - Soils'Map). No soil borings or field testing has been performed to confirm the soil type as it is mapped. Several soil types are present on the subject site including Basinger, Samsula and Hontoon soils, depressional \I TUS4\REPORTS\600 1 BOWYER-SINGLETON j,. " .. 11 (10), Basinger and Smyrna tine sands, depressional (11), Adamsv!lIe-Sparr tine sands (2), St. Johns and EauGallie tine sands (29), and Myakka and EauGallie tine sands (20). - The predominant soil type in the wetland systems on the site is Basinger, Samsula and Hontoon soils, depressional. The soils in this map unit are nearly level and very poorly drained. They are found in the swamps and depressions. Typically, Basinger soil is has a surface layer of very dark gray mucky tine sand" about 6 inches thick. Typically, Samsula soil has a surface layer of muck about 30 inches thick. Typically, Hontoon soil has a surface layer of dark reddish brown muck about 18 inches thick. In most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months or more. The permeability is rapid in this map unit. The natural canopy vegetation on this soil type consists of mixed stands of cypress, red maple, sweetgum, cabbage palm, sweetbayand blackgum. The understory includes cutgrass, maiden cane, Jamaica sawgrass, sedges, ferns and other water-tolerant grasses. Field observations generally correspond to the naturally occurring vegetation found in this map unit. -= Another soil type on the site is Basinger and Smyrna fine sands, depressional. The soils in this map unit are nearly level and very poorly drained. They are found'in depressions. Typically, Basinger soil has a surface layer of mucky tine sand about 5 inches thick. Typically, Smyma soil has a surface layer of black tine sand about 2 inches thick. In most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months. The permeability of Basinger soil is rapid. The permeability of Smyrna soil is rapid in surface and subsurface layers, rapid or moderately rapid in the subsoil and rapid in the substratum. The natural canopy vegetation on this soil type consists of mixed stands of cypress, sweetgum, blackgum and scattered pond pine. The understory includes chalky bluestem, blue maiden cane and other water-tolerant grasses and' sedges. Field observations generally correspond to the naturally occurring vegetation found in this map unit. Another soil type on the site is Adamsvilfe-Sparr tine sands. The ;;oils in this map unit are level to nearly level and somewhat poorly draiAed. They are found on the low ridges of the uplands and on low knolls on the f1atwoods. Typically, Adamsvilfe soil is has a surface layer of grayish brown fine sand about 4 inches thick. Typically, Sparr soil has a surface layer of grayish brown fine sand about 4 inches thick. In most years, the seasonal high water table (SHWT) is within 12 to 36 inches of the surface of Adamsville and Sparr soils for up to 6 months. The permeability of Adamsvilfe soil is rapid. The permeability of Sparr soil is rapid in surface and subsurface layers and is slow or moderately slow in the subsoil. The natural canopy vegetation on this soil type consists mostly of longleaf pine and slash pine and of laurel, live, water, blackjack and turkey oaks. The understory includes scattered saw palmetto, pineland threeawn, gallberry and wax myrtle. Field observations generally correspond to the naturally occurring vegetation found in this map unit. Another soil type on the site is St. Johns and EauGallie fine sands. The soils in this map unit are nearly level and poorly drained. They are found on the low broad plains on the f1atwoods. Typically, St. Johns soil is has a surface layer of black tine sand about 12 inches thick. Typically, Eau Gallie soil has a surface layer of black tine sand about 3 inches thick. In most years, the seasonal high water \I TV S 4\REPORTS\600 1 2 BOWYER-SINGLETON .; table (SHWT) is within 12 inches of the surface for 1 month to 4 months. The permeability of St. Johns is rapid in the surface and subsurface layers as well as in the substratum, and is moderate to moderately slow in the subsoil. The perm~ability of EauGallie soil is rapid in surface and subsurface layers. The natural canopy vegetation on this soil type consists mostly of longleaf pine and slash pine. The understory includes lopsided indiangrass, inkberry, saw palmetto, pineland threeawn, bluestem, panicum, wax myrtle and other grasses. Field observations generally correspond to the naturally occurring vegetation found in this map unit. Another soil type on the site is Myakka and EauGallie tine sands. The soils in this map unit are nearty level and poorty drained. They are found on the broad plains on the flatwoods. Typically, Myakka soil is has a surface layer of black fine sand about 5 inches thick. Typically, EauGallie soil has a surface' layer of dark gray fine sand about 5 inches thick. In most years, a seasonal high water table (SHWT) is within 12 inches of the surface for 1 month to 4 months. The, penneability of Myakka is rapid in the surface and subsurface layers and' in the substratum and is moderate or moderately rapid in the subsoil. The penneability of EauGallie soil is rapid in the surface and subsurface layers, moderate or moderately rapid in the sandy part of the subsoil and moderately slow in the loamy part of the subsoil. The natural canopy vegetation on this soil type consists mostly of longleaf pine and slash pine and live and laurel oaks. The understory includes lopsided indiangrass, inkberry, saw palmetto, pineland threeawn, bluestem, panicum, wax myrtle and other grasses. Field observations generally correspond to the naturally occurring vegetation found in this map unit. Wildlife and Listed Species Observations may consist of evidence of tracks, scat, signs, calls and visual sightings. Potential habitats of listed species are more often recognized than actual evidence of the species. Characteristics of potential bald eagle habitat exists near the subject site, however, no potential bald eagle habitat was observed on the subject site. Bald eagle habitat typically includes large stands of old growth, talllong,leaf pine trees. The site does not contain open bodies of water that would provide foraging habitat for other varieties of listed species such as wetland birds and none were observed during the field reconnaissance. Little wildlife was observed during the field reconnaissance. This is likely due to the proximity of State Road 434. Species identified on the project site via visual sightings include one Florida softshell turtle (Apa/one ferox) and Northern mockingbird (Mimus polyglottos). Neither of these animals are listed by the FWS or the FGFWFC as listed species. Review of the FGFWFC eagle nest map for Seminole County indicates that there are 2 documented bald eagle (Haliaeetus leucocephalus) nests within one mile of the subject site (please refer to Exhibit 4 - USGS Quadrangle Nap with Eagle Nest Locations). Bald Eagles are listed by the USFWS and the FGFWC as a Threatened Species, although the USFWS is considering delisting the species in Florida. The two nests are designated as OR 03 and OR 03A which indicates that it is very likely that " \I TU54\REPORTS\600 1 3 BOWYER-SINGLETON --- -~ ~ ~ - 1 -W ~ -lI -1 _I J JI -- JI JI JI it . . the same pair has built a second nest or that a juvenile is inhabiting an old nest. This family likely forages in Lake Jessup which in located just less than a mile north of the subject site. Summary Based on our survey of the property as described above and except for the bald eagle discussed below, it is our opinion that no other listed species occupy or use the project site. Two bald eagle (Ha/iaeetus leucocephalus) nests and habitat are documented to be located near the subject site, however, none were observed on or near the subject site during the field reconnaissance. One of the nests is located approximately 1000 feet from the southeast comer of the site and the other nest is .Iocated approximately 3000 feet from the southwest comer of the site. Bald Eagles are listed by the FWS and the FGFWC as a Threatened Species. In the southeast, the bald eagle nesting period is usually from October 1 to May 15. Individual pairs return to their same territories year after year, and often territories are inherited by subsequent generations. Although the eagle nest itself is protected, it is the nest site that originally attracted the pair that is of critical importance. Management of bald eagle habitat is important for areas that are determined to have nests. The primary zone and secondary zone are critical areas and must be maintained to promote acceptable conditions for bald eagles. Except under unusual conditions, in Florida the primary zone encompasses an area e'.<tending 750 feet outward from the nest tree. Close proximity of human ' activities such as commercial. residential or industrial development, tree cutting, logging, construction, mining and/or use of chemicals toxic to wildlife are restricted within the primary zone. Unauthorized human entry should be restricted in the primary zone during the nesting period. Except under unusual conditions, in Florida the secondary zone encompasses an area extending 750 feet outward from the primary zone (1500 feet from the nest tree). The precise distance will be dependent upon site-specific circumstances. Restrictions in this zone are needed to minimize disturbance that might compromise the integrity of the primary zone and to protect important areas outside of the primary zone. Certain activities within the secondary zone are likely to be detrimental to bald eagles and in most cases should be restricted. Such activities include development of new commercial and industrial sites, construction of multi-story buildings and high density housing developments between the nest and the foraging area, construction of new roads, trails and canals, and/or use of chemicals toxic to wildlife. Other activities may take place in the secondary zone, but only during the non-nesting period. Please note that the a small portion of the primary zone and a large portion of the secondary zone of OR 03 does extend onto the subject site. It is generally the policy of the regulatory agencies not to allow development within the primary zone of a nest. It is also generally the policy of the regulatory agencies to allow development within the secondary zone of a nest at a distance comparable to development which already exists in that area. Since portions of the primary and secondary zone of this nest have already been developed in nearby areas, no constraints to the development of this site are expected to result. 1\ TUS4\REPORTSl600 1 4 BOWYER-SINGLETON J/ / ...... .. ...... FI -d l.e.:.._ .\ orl a \\,-::: Power ....:.... COR P 0 RAT ION ....... "7\'- "'?"" ?-.~.;-,-,.~- --.~~-,-.... I' " I ,,' (. , . , 'I " " ..., ' ).~3)L~,~ ,:"";,, ,:, ".; :.,' ':. ~ AUG 1 4 1998 CITY OF WINT'c"R ~<::C".';(":' . . ~ "...J' r r. ~ .": __~ J Cit,' ManaS~r August 13, 1998 Ronald W. McLemore City of Winter Springs City Manager 1126 East State Road 434 Winter Springs, FL 32708-2799 RE: State Road 434 Overhead to Underground Electric Conversion Dear Ronald: This letter is to commn our conversation on August 12, 1998 when the City of Winter Springs was advised of the estimated cost to convert all electric facilities in specific areas of State Road 434 from overhead to underground. Each area is described below with the estimated cost. 1) 2000 feet on the North side of proposed residential property i~el...du i',....t f I...kt , 2) 1400 feet on the North side of Creek Run Subdivision $238,000 $172,000 3) 500 feet between the Greenway and Vista Willa Drive $65,000 Each cost is an approximate estimate and is subject to change. Florida Power Corporation does not plan to proceed \vith any work for the above mentioned projects until proper notification from The City of Winter Springs. It is my understanding that The City of Winter Springs plans to fOlWard the proper funds to allow Florida Power Corporation to convert the first 260 feet of overhead facilities on the west side of Vista Willa Drive. You will receive an invoice within the next week. If you have any questions or concerns please contact me at (407) 359-4431. Sincerely, ~, f (2 ,.,() ~ I'd V./lJ'~ L, t),Jr/'~ Ol7r/v)0~ Terri E. Bohannon Engineer I JAMESTOWN ENGINEERING: 2801 WaGt SR 426 . Oviodo . Florida 32765 A Florida Pro gross Company ~..... t.....~ FLORIDA .. (!}.. ~.,.~:l POWER ..... AUTHORIZATION AND AGREEM&O y CORPORA nON ~ WORK AUTHORIZATION DJOB ORDER J36-98-0921 UG NUMBER 98-0921 CUSTOMER'S NAME I TRADE NAME REPRESENTATIVE'S NAME REPRESENTATIVE'S TITLE CITY OF WINTER SPRINGS RONALD MCLEMORE CITY MANAGER CITY STATE ZIP 1126 E. STATE ROAD 434 WINTER SPRINGS FL 32708-1800 WORK DESCRIPTION REIMBURSEMENT CONVERT 260 FEET OF FPC DISTRIBUTION FACILITIES WEST OF VISTA WILLA DRIVE, FROM OVERHEAD TO UNDERGROUND. Florida Powee Corporation is not responsible for damage to, or costs arising from unknown underground fadlities,landscape or driveways in trench routes. TEAMS OF PAYMENT On or before Other BILLING METHOD 20 d.V. .ft.r [!] Contrect Prico $ 9092.96 ~Cost OCost plus 15% [!]In edvenco OOmo of invoicoDExplein bolow OTHER TEAMS OF PAYMENT OWNERSHIP OF COMPLETED PROJECT IDA TE CHECK RECEIVED [!I FPC OCustomer AGREEMENT , The Customer is responsible for tho cost,repair or replacement of (1) any sod, trees. shrubbery, or other plants damaged in tho normal course of performing or gaining access to the above work. and (21 any damage to non-FPC underground wires. conduit, pipes or other utility fecilities thet have not been staked or located by owner of the facilities. Contract price and terms of payment become invalid if the signed Agreement is not received by FPC on or before ........ 30 DAYS The undersigned hereby authorizes and employs Florida Power Corporation to perform the above work including all necessery labor. facilities, equipment and I or materials to pay in accordanco with the above terms of payment. SIGNATURE OF ABOVE CUSTOMER OR REPRESENTATIVE DATE AUTHORIZATION ~ IREPORTING LOCATION RA CODE AUTHORIZING SUPERVISO~ U/ - DATE JAMESTOWN 562 R.B. MATTHEWS . 8-zo-CfB ACCOUNTING INFORMATION DATE IMONTH&YEARI J.E.(MONrn&NUM8ER) SEa ACllV1TY COMMENT Z 4 a a 10 " 3. UG CONVERSION CHARGES (DEBIT! CREDITS $ AMOUNT PRIMARY PRIMARY TASK/RA ACCOUNT RA EAC ACTIVITY RA CODE ACCOUNT RA EAC ACTIVITY CODE 40 43 40 49 55 "" 43 40 4. 55 14220 562 365 562 811 AJ3618 46900X $3,364.40 14220 562 364 562 811 AJ3618 46900X 5,001.12 14220 562 367 562 809 AJ3618 46900W 727.44 $9,092.96 TOTAL TO: CONTROLLER'S DEPARTMENT Please open Job Order for accumulsting cost I. ~Vl:ST{'D8Y 0'" I N: 1M rt I ,... IC()t.lf't{TION OA11: f'tfll__ d~ Job O,d.f 10 U." WORK ORDER NUMBER 7068029050 TES ORIGINAL PLANT ACCOUNTING/GENERAL ACCOUNTING COPIES TO P&OAD: DISTRICT OFFICE; CUSTOMER, ORIGINATING DEPARTMENT r'10\l 05 ' 98 05: 07Pf'1 FPC JAr'lC3TOL,J['1 Er'1G Pol {I 0...... .t.~;.!=~..\ Florida !:~i~t;: Power ..~~.~ coRPORATION ~,.. litl mlT';O'~Tr\\:rID ~<<}f>\L...u:::f.!1 \Y JtJ[] NOV 0 5 1998 October 9, 1998 CITY OF W!NTER SPRINGS City Malldger Ronald W. McLemore City of Winter Springs City Manager 1126 East State Road 434 Winter Springs, FL 32708 Re: SR 434 Underground Feeder Conversion Dear Ron: A binding estimate to convert the primary feeder on State Road 434 from overhead to underground is as follows: Switchgear (2) Cable, Conduit, Trenching, Splices, Termination, Removal of overhead $26,505.79 $28,145,32 Total cost to convert facilities from existing termination 1550' West $54,651.11 The total estimate includes two switchgear. One to serve the proposed Kash and Kany and the apartment complex (up to 1500 KV A), and one to serve the existing overhead branch line on Spring Ave and the apartment complex. Two 10' x 10' easements will be required for two switchgear locations on the south side of State Road 434. One location near the property line between Kash and Karry and apartments and one location directly across from Spring Ave. All future development on either side of State Road 434 where the primary feeder is underground will require additional switchgear on the South side of State Road 434. The binding estimate is valid 180 days from date of original receIpt, October 9, 1998. Any request to change the scope of work will require a new estimate. Construction will be scheduled upon receipt of payment. If you have any questions please contact me at (407) 359-4431. Sincerely, Terri E. Bohannon Engineer I cc: R. B. Matthews, Engineering Supervisor, FPC Scott Banta, Real Estate Development Services JAMESTOWN ENGINEEnIN(;; 21:t01 Wor;\ sn 426 . Oviodo . FloridD 32765 A F/",idf1 PIl'r1r(),~s COIll/MflY ..... .. ... ... -d l.o.....o~ Fiori a ... ..: Power ~. _._ o. .... .... COR PO RAT ION ...,... If', ' -j f"~ .r;-~ T"""" -- ~ II! ',.;; ; " ;'j J I \ \ /,..rr--..~-..;., I L' , ' -'. ? . l' I \ \ 'J' "lJ . . . ;", ;'.. r. .... .:. ... \ 1 ~1 I ) ) , ' ' " ~. -</<0 ., " GC r () \} t998 c ,"r"{ ~.'" \. '" ..-, \.)~' , " :~.; ! ;:: R' '.-. P ''', " .. I G S . '-"'. '" r,.I',.. City MandlQaf October 9, 1998 J. Scott Banta Real Estate Development Services 97 Hickory Tree Road Longwood, FL 32750-7205 Dear Scott: Binding estimates to convert the primary feeder on State Road 434 from overhead to underground are as follows: Item I: From existing termination 770' West (East of FDOT pond) $42,337.29 Item II: From existmg termination 1550' West (West of FDOT pond) $54,651.11 Each estimate includes the necessary switchgear to serve the proposed Kash and Karry and apartment complex (up to 1500 KV A), and the existing overhead branch line on Spring Ave. Two 10' x 10' easements will be required for two switchgear locations on the south side of State Road 434. One location near the property line between Kash and Karry and apartments and one location directly across from Spring Ave. All future development on either side of State Road 434 where the primary feeder is underground will require additional switchgear on the South side of State Road 434. Each binding estimate is valid 180 days from date of receipt. Any request to change the scope of work will require a new estimate. Construction will be scheduled upon receipt of payment. If you have any questions please contact me at (407) 359-4431. Sincerely, ?~ f-. GJK~ Terri E. Bohannon Engineer I cc: R. B. Matthews, Engineering Supervisor, FPC Ron McLemore, City Manager, City of Winter Springs JAMESTOWN ENGINEERING: 21301 Wo(;l SR 426 . Oviodo . Florido 32765 A Florida Progress Compony / .~.'. W~TT\i 7~r=="-~ 1,\"tJ:i~.."ll5..lJ- \:f ,~}<.~: I \ ~- - I < Sullivan PROPERTIES, INC. NOV 0 4 1998 CiTY OF WINTER SPRINGS City Man~gef November 2, 1998 Mr. Ron McLemore City Manager City of Winter Springs 1126 State Road 434 Winter Springs, Florida 32708 RE: Conversion to Underground Electric and Switch Gear for S.R 434 Tuscawilla Tract 15 Dear Mr. McLemore: As you are aware, Florida Power quoted a price of $219,000 for the cost of the underground utilities along the S.R. 434 public right-of-way at Tuscawilla Tract 15. Through the efforts of my office, I have gotten Florida Power to agree to price the work in conjunction with a large regional development we are commencing in southeast Orlando. This has resulted in a substantial discount from the original price, and I am proposing to pass this benefit on to the City per the following: $9,000 - original burial in front of shopping center $54,561 - 2 switch gear and balance of underground to west ofD.O.T. pond $63,651 - TOTAL I am proposing that the City pay $18,000 for the switch gear to service Spring Avenue on the other side of S.R 434 and 113 of the balance of the project'($15,217). The total cost to the City would be $33,217 and the de-..elopcrs "."ould pay the rest-. , Based, on Florida Power~soriginal quoted price of $219,000, this represents a significant contribution by the developers toward the improvement of public right-of-way on S.R 434. ~~d Robert Y eag~y//' ~ ~ . / President ' R Y/js T98\CITY\LRRM 11 02.FlaPower !.10 South Or;'l\gc AVCl\lll', SlIill: 200, (>r1:1I1c!O, Florid" 52HOI . Tl'lc:phol\c ("07) ,,2')-(,(.25 . FAX ('i07) <in-In" f. . , I .' /. . / .! i CITY OF WINTER SPRINGS ......... S.R. 434 CORRIDOR VISION PLAN NEW DEVELOPMENT AREA Revised per City Commission meeting November 24, 1997 December I, 1997 22 N~\Y Dc\'dvpl1h.:nl Ar~a S.R. 434 CORRIDOR VISION PLAN: NEW DEVELOPMENT OVERLAY ZONING DISTRICT REGULATIONS ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN DIVISION 1. S.R. 434 CORRIDOR OVERLAY DISTRICT Sec. 20-445 Intent. The purpose and intent of this specialized overlay zoning district is to encourage and provide for enhanced property development within the S.R 434 commercial corridor. Some of the objectives to be attained through the establishment of this district include: enhancement of the commercial status of the corridor; reduction of visual distraction through uniform sign criteria; enhancement of physical appearance through increased landscaping of public and private prDperty; provision of architectural design guidelines to create a unifying theme over time; protection of adjacent residential land uses; and maintenance of property values. Sec. 20-446 Creation. In addition, to and supplemental to, other zoning and land develDpment regulation requirements heretofore and hereafter, the S.R. 434 Corridor Overlay District includes additional regulations to promote the orderly development and redevelopment of the corridor, which shall be applied through imposition and mapping of an overlay district. The regulations are in addition to and not in substitution of the underlying zoning district regulations which shall also remain applicable to the overlay zone. The overlay district design standards will govern development within the corridor and will control where conflicts between regulatiDns occur. DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA Sec. 20-447 Applicability to New Development Overlay Zoning District. The following design standards shall apply to the New Development Overlay Zoning District which includes all properties adjacent to the S.R 434 right-of-way from Hayes Road eastward to S.R. 417 (the GreeneWay) except [oi the TOWII Center Oveday Zonihg Disuict along S.R. 434, ahd the. e.xdusioh of the Casscells Ti ust pi operty )ltijti~gjQ$.i.:QI$;)::.lt~4.::!it.:::Q:r~!il.#.ll~~:::~fl$,. Sec. 20-448 Building Height. No building shall exceed fifty five (55) feet in height. For the purpose of these design standards, building height shall be measured from ground level to the highest point of the coping of a flat rDof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Dec<"Tnber 1, 1997 New Development Area " Sec. 20-449 Setbacks. (1) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: S.R. 434 Collector Street Internal Street Side Rear Buildings 50 feet 35 feet 15 feet 10 feet 1 0 feet Parking 15 feet 15 feet 15 feet 5 feet 5 feet (2) The narrowest dimension of a lot adjoining a road right-of-way shall determine its front for the purpose of establishing yard requirements. (3) On comer lots, the frDnt yard shall be considered as abutting the street upon which the lot has its least dimension. The rear lot, in this case, shall be opposite the front yard. (4) The following structures are specifically excluded from the setback restrictions: a. Steps and walks. b. Landscaping and landscape berms. c. Planters three (3) feet in height or less, or d. Other improvements as may be permitted under applicable regulations of the City. The Board of Adjustment will consider any request for the placement of such other improvements within a setback, only after a Design Review Board review and recommendation. In determining whether to reconunend City consent, the Design Review Board may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the Design Review Board in order to justify to the Design Review Board that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. Deccmb...,. 1. 1997 2 New Development Area ,. Sec. 20-450 Land Coverage. No parcel within the S. R. 434 Corridor Overlay District shall have more than seventy-five (75%) percent of its area impervious. In determining land coverage, a water body shall not be considered an impervious surface. Sec. 20-451 Off-Street Parking and Driveway Requirements. (1) Paved Driveway and Parking Spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (2) On-Site Parking: All parking areas shall be on-site and shall be adequate tD serve all employees, visitors and company vehicles. (3) Rights-Of-Way: Parking is prohibited on rights-of-way or along driveways. (4) Parking Space Size: Each off-street parking space shall be a minimum of two hundred (200) square feet, 10' x 20', in addition to space for access drives and aisles. The minimum width of each space shall be ten (10) feet. The two (2) foot area Df paving at the end of each parking space may be omitted provided the area is landscaped with sod or another acceptable ground cover. The two (2) foot landscaped area shall be counted toward any other green space requirement or setback. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required. (5) Handicapped Spaces: Handicapped spaces shall be provided and sized in accordance with 316.1955,316.1956,316.1958,320.0843,320.0845, 320.0848 Florida Statutes. (6) Access Drive Width: Each access drive shall have a minimum width Dftwenty-fDur (24) feet. (7) Number of Access Drives: If a site has less than two hundred (200) feet Df frontage on a right-of-way, one (I) access drive shall be permitted unless there is ajoint access drive, in which case two (2) may be permitted. If a site has more than two hundred (200) feet of frontage on a right-of-way, F.D.O.T permit guidelines (found in 1496-7 Florida Administrative Code) and restrictions shall apply. (8) Turning Radius: The minimum turning radius shall be thirty (30) feet. (9) Coordinated joint use of parking areas during off-peak hours shall be encouraged to be incorporated into the design of projects to reduce the total number of required parking spaces. (10) Whenever practical, vehicular and pedestrian circulation systems shall be separated. A system of multi-purpose walkways connecting buildings, common open spaces, recreation Deccmba' I. 1997 3 Ncw Developmcnt Area areas, community facilities and parking areas shall be provided and adequately lighted for nighttime use. The intent is to create a pedestrian oriented system to connect all properties within the New Development Area Overlay Zoning District., Sec. 20-452 Landscaping. The following landscape standards establish the minimum criteria for the development of the roadways, parking areas, and other features to ensure continuity in aesthetic values thrOUghDut the corridor. (1) All areas requiring landscaping shall meet or exceed the following general landscape requirements. Such landscaping requirements are required for: a. That part of the site fronting a public or private right-of-way that is within the designated cDrridor. b. Around and within all off-street parking, loading and other vehicular use areas within each site. c. Along the outside of screening walls and fences. d. Adjacent to buildings on the site to complement the architectural style. (2) All landscaping shall be installed according to accepted commercial planting procedures. Fertile soil, free of lime rock, pebbles or Dther construction debris shall be used in all planting pits. (3) The owner of a site shall be responsible for all landscaping so as to present a neat, healthy and orderly appearance free of refuse and debris. Any dead or dying plant material, including sod, shall be promptly replaced or shall be treated to restore healthy growth to achieve a uniform appearance. (4) All landscaped areas shall be adequately irrigated with g reclaimed water ~ij~:n:::~:~:;:~~ where available, based on the following criteria: a. An automatic sprinkler irrigation system shall be provided for all landscaped areas. b. The irrigation system shall be designed to provide full coverage of all landscaped areas and shall be equipped with rain sensors. c. The irrigation system shall be designed and operated to prevent or minimize run-off of irrigation water onto roadways, driveways, and adjacent properties not under the control of the owner of the site. December to 1997 4 New Devclopmcnt Area d. The irrigation system shall be maintained so as to be in optimum working order at all times. (5) All plant material shall meet or exceed standards for Florida NO.1 plants, as specified in Grades and Standards for Nursery Plants, Parts I and II, 1973 published by the State of Florida, Department of Agriculture and Consumer Services. Trees shall be selected from the Recommended Tree Pallet found at the end of these design standards. (6) The preservation and utilization of a site's natural trees and shrubbery is strongly encouraged. Existing vegetation shall be incorporated into the landscape concept for a site wherever practical. (7) Natural growth may be used tD satisfy specific landscape requirements. Relocation of on- site landscaping material is encouraged. (8) When an access way intersects a right-of-way, landscaping may be used tD define the intersection provided however that all landscaping within the triangular area described below shall provide unobstructed cross-visibility at a level between two (2) feet and six (6) feet above finished grade. Pedestrian sidewalks shall be prDvided in the triangular area unless another safe crossing is provided. Landscaping, except grass and ground cover, shall nDt be located closer than three (3) feet from the edge of any access way pavement. The triangular area shall be defined as: a. The areas of the site on both sides of an access way which lie within a triangle formed by the intersection of each curb of the access way with the street right-of-way with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. b. The area of the site located at a comer formed by the intersection of two (2) or more streets with two (2) sides of the triangular area being measured thirty (30) feet in length along the right-of-way lines from their point of intersection; and the third being a line connecting the ends of the other two (2) lines. (9) All landscape plans and specifications shall be prepared by a landscape architect licensed to practice in the State of Florida. (10) For office buildings, office parks and mixed-use developments, nDt less than twenty-five (25%) percent Dfthe overall site shall be planted with a combination of trees, shrubs and ground covers. For commercial sites and commercial sites within mixed-use developments, not less than fifteen (15) percent of the site shall be planted with a combination Dftrees, shrubs and ground covers, Land preserved in its natural state may be used to satisfy this requirement. Also, lakes and stormwater management systems may be used to satisfy this requirement if designed as an amenity. December I. 1997 5 New Development Area (11) All parking areas and vehicular use areas shall be screened from the public right-of-way by a landscape screen. This screen may be composed of a berm not less than three (3) feet in height and not more than five (5) feet in height or a maintenance free wall at least three (3) feet in height, or a screen oflandscaping at least three (3) feet in height twelve (12) months after planting. If a wall or hedge is used, a meandering berm a minimum of one and one-half (11/2) feet in height, with a maximum slope of 3: I shall be required. Berms shall not be used where coverage conflicts with existing vegetation. This screening requirement may be combined with other requirements within the landscape easement. Berm slopes shall vary in order to provide visual interest; however, the maximum slope shall be 3: 1. The berms shall be completely covered with grass Dr other living landscape materials. A berm shall not be constructed around existing vegetation where the grade will be raised more than six (6) inches. Walls and shrub screens shall be setback a minimum often (10) feet from the property line. (12) Concrete walkways shall be a minimum five (5) feet wide and shall are encouraged to meander, where appropriate, to create visual interest. The construction of the walkways shall be coordinated with adjacent properties to ensure continuity of design. Where a sidewalk intersects a street or driveway, a curb ramp shall be installed. (13) Landscaping shall be provided between vehicular use areas and the abutting properties as follows: a. A hedge or other durable landscape screen at least thirty (30) inches in Dverall height above grade when planted, to grow to thirty-six (36) inches within twelve (12) months under normal growing conditions, shall be used between the common property lines. When two (2) hedges occur along a common property line, use of the same plant species is required. If a hedge exists on an adjacent property along a common property line, a duplicate hedge is not required; hDwever, in all cases, tree planting requirements for each property shall apply. b. Live screening material shall be planted in areas not less than six (6) feet in width. Planting areas shall be mulched a minimum of twD (2) inches thick with cypress mulching or other organic mulch. c. At least one tree shall occur for every seventy-five (75) linear feet, or fraction thereof, along side (non-street side) and rear property lines. These trees shall be any canopy tree selected from the recommended plant pallet found at the end of these design standards. (14) Landscaping shall be provided for all vehicular use areas so as to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. The requirements fDr landscaping in vehicular use areas are as follows: December 1. 1997 6 No:w Devdopmonl At'::1 a. Parking areas shall include landscaped curbed islands at the ends Df each row of parking. These islands shall be a minimum often (10) feet wide and as deep as the combined parking space(s) plus median, ifany, and shall include at least one (1) canopy tree. b. Each parking bay shall have no more than ten (10) continuous parking spaces unbroken by a landscaped island. c. Parking bays shall have a maximum offorty (40) cars. Where total parking requirements for a parcel exceed forty (40) cars, parking lots shall be broken into distinct areas separated by continuous landscaped islands at least five (5) feet wide. Landscaped islands shall contain one (I) small, medium, or canopy tree for every thirty (30) linear feet of island. d. Each separate required landscaped island shall' contain a minimum of one hundred sixty-two (162) square feet with a minimum interior dimension of nine (9) feet and shall include at least one (1) tree. e. As an option, a six (6) fDot wide landscaped island may be constructed between rows of parking which shall count towards the required open space. If this Dption is used, the parking spaces abutting the island may be shortened to nineteen (19) feet in length and the unbroken rows of parking may be extended to twenty (20) spaces. The landscaped island shall contain one tree for every thirty (30) linear feet Dfisland. (15) A landscaped unpaved area shall surround each building, occurring between the facade of the building and paved areas whether a parking area, drive or sidewalk as described below. a. Along the front and side of an office, building a minimum landscaped area often (10) feet for the first floor plus three (3) feet for each additional flDor sha,ll be maintained. Sidewalks are not considered part of the landscaped area. b. Along the rear of an office building, a minimum of five (5) feet oflandscaped area shall be maintained. Loading areas may be pennitted along the rear or side facade of a building. c. For retail buildings, paving may be allowed up to the facade Df a continuous storefront building if landscaping is provided intermittently along the facade of the building consistent with the following: (1) A minimum offifty (50%) percent ofth~_front or side with continuous storefront must be landscaped. (2) Each landscaped area must have a minimum width of three (3) feet. (16) Foundation and accent planting shall be provided around all structures for the purpDse of enhancing and complementing the architectural character of the structure. De<::ember I, 1997 7 N~w D~vdoplllcnl Area (17) Additional green space and landscaping shall be required at access drives. (18) Drainage retention areas required on individual sites shall be sodded and designed to blend with the overall landscaping and landform of the site and may be included in the twenty-five (25%) percent landscaped area. In no case shall designs be permitted which include fencing. (19) All stormwater management areas shall conform to the design criteria promulgated by the City of Winter Springs and the St. Johns River Water Management District. (20) A tree survey shall be submitted with any application for site plan review showing all trees over four (4) inches in caliper. Existing ,trees to be removed and retained shall be shDwn on the site plan. Prior to any site clearing activities all existing trees required tD remain by the Design Review Board shall be tagged in the field for inspection and approval. Barriers shall be erected at the drip line of trees for protection against construction activities. (21) Any existing tree(s) indicated to remain on construction plans approved by the Design Review Board that are damaged Dr removed shall be replaced with new tree(s) consistent with Chapter 5; Section 5.5 of the City of Winter Springs Code of Ordinances. (22) All areas not otherwise landscaped, including the right-of-way, shall be sDdded with St. Augustine solid sod by parcel owners. Other suitable sod may be permitted in low visibility areas or areas subject to periodic water inundation. (23) A walkway with a minimum width offive (5) feet, shall be constructed to connect the main public entrance door of a building to the public walkway along rights-Df-way. Where the walkway crosses parking or an access drive, the walkway shall be delineated. A landscaped area, which includes sidewalk and landscaping, a minimum of I,1ine (9) feet in total width shall separate the walkway from parking spaces. The use of architectural features and landscaping is encouraged to define pedestrian gateways. If shrubs are used in the landscaped area along walks, they shall be set back so as not to form a "waIl" along the edge of the walk. Sec. 20-453 Buffers and Walls. (a) Buffers: A minimum fifteen (15) foot landscape buffer shaIl be provided by the developer/property owner abutting the designated right-of-way lines at the time of development order or permit approval. The landscape buffer may be contained within a landscape easement. (1) The developer/property owner shall be responsible for the purchase, installation, maintenance and irrigation of all required landscaping. (2) This area shaIl be planted with live oaks or other deciduous trees with a minimum two and one-half (2. 5 It) inch (dbh) caliper and overall height of ten to twelve (10' - 12') feet December I, 1997 8 N~w D~vdorl1lL"f1( Area at time of planting no closer than five (5) feet from the back of the right-of-way line. The trees shall be planted every fifty (50) feet. (3) A minimum of four (4) sub-canDpy trees and two (2) deciduous trees per one hundred (100) feet of frontage or fraction thereof shall be planted in and about the buffer. Plantings should be naturalistic rather than fonnal in order to blend with the natural landscape. (4) No existing or dedicated public or private right-of-way shall be included in calculation of the buffer widths. (5) Stormwater retention areas may be permitted in the corridor buffer area subject to the following: a. No more than sixty (60%) percent of the corridor buffer area can be used for stormwater retention; b. Stormwater retention areas shall be naturalistic in shape, dry, sDdded, and designed to blend with the overall landscape theme and landform; c. Stonnwater retention areas may be wet if designed to be part of a water feature; d. Designs which require fencing shall be prohibited; and e. No slope shall be greater than that indicated in Sec. 9-241(d)(1) and (2) City Code. (6) Existing vegetation shall be used where possible to meet these requirements. (b) Walls: All freestanding walls, sound barriers, ground sign enclosures, planters, man-made structures fronting along the designated roadway or its major intersections shall be of brick, decorative or split-faced concrete block. When these materials are used for a visual screen, they shall conform to the architectural style, materials, and color of the development. Sec. 20-454 Signs. All signs and sign elements, including shape, fonn, lighting, materials, size, color and location shall be subject to approval by the Design Review Board if such signs or sign elements are visible from adjacent properties or a street right-of-way. (a) Ground Mounted Multi-Tenant or Project Identification Sign: For each multi-tenant development under separate Dwnership, one (I) wide-based monument style, pennanent sign with landscaped base identifying the name of the development and businesses within the development shall be pennitted. For developments with five hundred (500) feet of frontage December I, 1997 9 New Development Area or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: (1) Shall only advertise the name of the commercial development companies, corporation or major enterprises within the commercial development. The primary address of the building shall be incorporated into the sign with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. (2) Shall be located no closer than fifteen (15) feet from front, side, Dr rear property lines. (3) Shall have a maximum of two (2) faces. ( 4) Shall be consistent in design, format and materials with the architecture Df the proposed building(s). (5) A entry wall sign shall not be higher than eight (8) feet above the closest vehicular use area. (6) Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the sign. Landscaping shall be incorporated around the base to include IDW growing shrubs and ground cover and/or annuals to promote color. (7) Signs shall be in accordance with the following schedule: Building Size (Gross Floor Area) Maximum Copy Area Maximum Height Under 75,000 square feet 75,000 - 250,000 square feet Over 250,000 square feet 32 square feet 48 square feet 64 square feet 12 feet 14 feet 16 feet (8) Multi-tenant centers are permitted additional signs for anchor tenants according to the following schedule: Building Size (Gross Floor Area,) Anchor Tenant Additional Signs Under 75,000 square feet 75,000 - 250,000 square feet Over 250,000 square feet 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet An anchor tenant is defined as the major retail store(s) in a center that is/are in excess of one hundred (100) front feet and a minimum area often thDusand (10,000) square feet. (b) Ground Mounted Single-Tenant Identification Sign: One (1) wide-based monument style, permanent project identification sign shall be permitted per single-tenant parcel. One December I, 1997 10 N~w D~vdorm~nl At~a additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (I) acre with more than one (1 ) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. (1) Shall only advertise one (1) person, firm, company, corporation Dr major enterprise Dccupying the premises. (2) Shall be located no closer than fifteen (15) feet from the front, side or rear property lines. (3) Shall nDt exceed two (2) faces. (4) Sign copy area shall not exceed thirty-twD (32) square feet per face. For parcels in excess of 4.0 acres, the project identification sign face may be increased to forty-eight (48) square feet. (5) , Shall be consistent in design, format and materials with the architecture of the proposed building. (6) The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. (7) Signs shall be in an enclosed base that is at a minimum the full width of the sign. Landscaping shall be incorporated around the base tD include low growing shrubs and ground CDver and/or annuals to promote color. (c) Building Mounted Multi-Tenant Identification Sign for Buildings with Separate Exterior Tenant Entrances: In addition to the ground mounted identification sign, tenant signs shall be pennitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise Dccupying the premises. (2) The sign(s) shall be clearly integrated with the architectur~ of the building, and shall be consistent in design, format, and materials with the architecture of the proposed building. (3) The sign( s) shall not either project above any roof Dr exceed a height of 14 feet. (4) Wall signs shall display only one (1) surface and shall nDt be mounted more than six (6) inches from any wall. December 1. 1997 II N<:w D~vdopml"."T\( An:a (5) When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. (6) The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty-four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall nDt exceed twenty-five (25%) percent of the building height. An anchor tenant is defined as the major retail store(s) in a center that is/are in excess of Dne hundred (100) front feet and a minimum area Dften thousand (10,000) square feet. (7) The length of the sign may occupy up tD seventy (70%) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a Building Mounted Single Tenant Identification Sign. (8) For office buildings I1lR99.~II~~tit~i~II!Qtj11~~::1i.~1n9i$, one wall sign not exceeding twD (2) square feet shall be permitted identifying ,an :~~~m individual tenant. The sign shall be located adjacent to the building entrance. (d) Building Mounted Single Tenant Identification Sign: In addition to the ground-mounted identification sign, a building mounted identification sign may be permitted consistent with the following criteria: (1) Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. (2) The identification sign is located on the exterior wall of a building. (3) The sign shall be clearly integrated with the architecture. (4) The sign shall not either project above any roof or exceed the height of fourteen (14) feet. (5) The sign shall display only one (I) surface and shall not project more than six (6) inches from any wall. (6) Signs shall conform to the following schedule: Building Size (Gross Floor Area) Maximum Copy Area Maximum Letter Height Less than 50,000 square feet 50,000 tD 100,000 square feet Over 100,000 square feet 16 square feet 32 square feet 48 square feet 2 feet 25% Height of Building 25% Height of building Deccmb.:r I, 1997 12 New Develorlllell( Area (e) Additional SignslVariances: Under special circumstances, such as for parcels on corner lots, additional signs consistent with these design standards may be approved by the City Conunission, upon a request submitted to the Board of Adjustment pursuant to Sec. 20-82 and 20-83 of the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary tD the public interest and where, due to special conditions, a literal translation of this sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign cDde variances shall follow those provisions for zoning variances. (t) Commercial Outdoor Advertising (i.e. Billboards) Off-site advertising signs such as billboards are prohibited. (g) Changeable Copy Signs: In order to create continuity throughout the corridor all changeable copy signs shall be as fDllows: (1) The sign cabinet shall be all aluminum extrusion or better as approved by staff Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described below: a. Changeable copy signs shall not comprise more than twenty-five (25%) percent of the permitted sign area; b. Movie theaters and other performance/entertainment facilities may utilize up to eighty (80%) percent of the permitted sign area for display Df films, plays or Dther performances currently showing. Such copy area shall be included as part Df the permitted sign area. c. Movie theaters may use up to eighty (80%) percent of permitted wall sign area for display of names, films, plays or other performances currently showing. d. One changeable copy sign advertising the price of gasoline is permitted on gasoline statiDn sites provided it shall not exceed twelve (12) square feet per sign face. (2) The sign face shall be acrylic Pan X 15 or Equal. (3) The letters and track shall be Wagner Zip-Change or Equal. (h) Backlit Signs: Backlighting Df awning signs shall be prohibited. (i) Window Signs: Window signs may be permitted under special circumstances for retail establishments such as signs inside and on a window or in a display Df merchandise when incD'rporated with such a display. The total area of all window signs, shall not exceed twenty (20%) percent of the window glass area to be calculated separately December I, 1997 13 New Development Area for each separate stDrefront. Window signs shall count against total allowable copy area if they are permanently attached,. (j) Construction Signs: One (1) construction sign, denoting the owner, architect, landscape architect, engineer, financial institution, contractors, or containing any statement pertaining to the project for which a building permit has been obtained, will be permitted during construction. The construction sign shall not exceed sixty-four (64) square feet in area and shall not exceed fourteen (14) feet in height or sixteen (16) feet in width. The construction sign shall be removed from the site by the owner upDn substantial completion of all construction, or upon the issuance of a final Certificate Df Occupancy, whichever is SODner. If the sign is not removed when required, it may be removed by the City at the owner's expense. (k) Marketing Signs (e.g. "Space for Rent" sign): (1) Only one (1) marketing sign shall be permitted on each parcel during the building's "leasing period". At the end of the leasing period, marketing signage shall be removed from the site by the owner of the site. (2) All marketing signs shall be submitted to the City for approval and location prior to the sign's installatiDn. (3) Marketing signs shall be set back a minimum of twenty-five (25) feet from the front, side and rear property lines. They shall not create a visibility Dbstruction to vehicular traffic. (4) For parcels in excess offive (5) acres or with frontage on more than one (1) road, one (1) additional marketing sign may be permitted. Signs must be a minimum of two hundred (200) apart. (5) Marketing signs may be double faced. Sign faces shall be parallel and mounted on the same poles. The tDtal copy area shall not exceed sixty-four (64) square feet and no more than ten (10) feet in height. The total of a single face shall not exceed thirty-two (32) square feet. (6) Marketing signage may be incorporated within the construction sign age, but the signage shall not exceed sixty four (64) square feet in area. (7) Marketing signs may be lit so as to illuminate the lettering on the sign. (1) Political Signs only by permit. (m) ElectrDnic date, time and temperature informational signs are permitted. Such signs shall be counted as part of the total copy area of the overall sign. December I, 1997 14 New Devdo(lll1ent Area (n) Prohibited Signs: The following signs and/or devices are prDhibited in the corridor. (1) Any sign or part of a sign which is designed, devised, or constructed so as tD rotate, spin, gyrate, turn or move in any animated fashion. Signs shall not incorporate reflective materials so as to create the appearance of motion or neon. (2) Any sign painted directly on any exterior wall. (3) Signs projecting more than six (6) inches in depth. (4) Roof signs. (5) Bench signs. (6) Snipe signs (e.g. signs attached to trees and poles). (7) Freestanding signs unless otherwise provided for herein. (8) Trailer signs. (9) Signs attached tD temporary structures. (10) Billboards (11) 'Any vehicle with a sign or signs attached thereto,or placed thereon with three exceptions as follows: (a) any vehicle when parked or stored within the confines of a building; or (b) any vehicle upon which is placed a sign identifYing a firm or its principal product if such vehicle is one which is operated during the normal course of business and shall be parked in the least visible spot from the road; or (c) a trailer placed on a job site during construction. (12) Pole signs. (13) Balloon signs. (14) Ribbon signs. (0) Permanent Flags: Only project flags or governmental flags shall be permitted in conformance with the following standards:' (1) One (1) flagpole and one (1) flag may be permitted per parcels of two (2) acres or more. (2) The maximum width from top to bottom of any flag shall be twenty (20%) percent of the total distance of the flag pole. Oecemb.:r I. 1997 15 New Developlllcnl Area (3) Flagpoles shall maintain the same setback requirements as project identificatiDn signs. (4) Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. (5) A prDject flag shall only contain information permitted on the project identification sign. A project flag shall be submitted to the Design Review Board for approval. (p) Temporary signs for special events. (1) Permits for temporary signs, such as pennant and banner signs, not otherwise prohibited are allowed for such purposes as auctions, special events, nDtice of opening of new businesses, and going out of business sales. Permits for temporary signs shall authorize the erection of the signs and maintenance thereof for a period not exceeding fourteen (14) days; and permits cannot be renewed on the same sign, nor shall another temporary permit be issued on the same location, within ninety (90) days from the date of expiration of any previously issued temporary permit. (2) Signs for specific events shall be removed within two (2) working days after conclusion of the event. A freestanding temporary sign shall be no larger than thirty- two (32) square feet, and may be dDuble sided. Banner signs may be sized to extend across roads. (q) Maintenance: All signs and associated apparatus shall be maintained by the owner of the site. Violations shall be processed thrDugh the City's Code Enforcement Division. (r) Nonconforming Signs. (1) Any sign, other than billboards, having an original cost in excess of one hundred ($100) dollars and which is nonconforming as to permitted sign area or any other reason which would necessitate the complete removal or tDtal replacement of the sign, may be maintained a period of from one (I) to five (5) years from the effective date of these design standards. The term of years to be determined by the cost of the sign or of renovation, including installation cost, shall be as follows: Original Sign cost or Renovation Cost Pennitted Years ITom Effective Date of Design Standards $ 0 - $ 3,000 $ 3,001 - $ 10,000 Over $10,000 2 3 5 (2) Any owner of a sign who desires to rely upon an amDrtization period IDnger than three (3) years shall file with the City within one (I) year from the effective date of these design standards, a statement setting forth the cost and date of the most recent D~cemb~r I. 1997 16 :-.Iew Develupl1lent Area renovation, and a written agreement to remove or bring intD confonnance the nonconforming sign at or prior to the expiration of the amortization period applicable to that sign. The maximum period to amortize a sign shall be five (5) years. (3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement, City of Winter Springs Code of Ordinances. Sec. 20-455 Utility Lines. All new or relocated utility lines within the designated corridor shall be constructed and installed beneath the surface of the ground unless it is determined by the City that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impracticable. (1) It shall be the developer's responsibility on-site to make the necessary arrangement with each utility in accordance with the utility's established policy. (2) The underground installation of incidental appurtenances, such as transformer boxes, switch boxes, or pedestal mounted boxes for the provision of electricity shall not be required. However, such appurtenances where not rendered impractical by the detennination of the City shall be installed on the site of any development approved after the adoption Df this section. The necessary easements tD allow the utility company access and service to such appurtenances shall be dedicated tD the service provider by the developer prior tD issuance of a building permit. (3) All transformers and switch boxes related tD development approved after the adDption of this section shall be set back a minimum of fifteen (15) feet from any right-Df-way and visually screened using landscape materials or masonry construction in confonnance with these land development regulatiDns. Sec. 20-456 Corridor Access Management. (a) A system of joint use curbed driveways and cross access easements shall be established wherever feasible along the S.R. 434 Corridor and the building site shall incDrpDrate the following: (1) A cross access corridor extending the entire length of each block served to provide for driveway separation (consistent with the g;I~Q@,m~ access classification system and standards) . (2) A design speed often (10) mph and sufficient width to accommodate two-way travel aisles designed tD accommodate automobiles, service vehicles, and loading vehicles. (3) Stub-outs and other design features to make it visually obvious that the abutting Oecemba I. 1997 17 N~w OcvdOr"'~nl Area properties may be tied in to provide cross-access via a service drive. (4) A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever feasible. (b) Shared parking areas shall be permitted a reduction in required parking spaces if peak demand periods for proposed land uses do not occur at the same time periods. (c) Pursuant to this section, property owners shall: (1) Record an easement in the public records allowing cross access to and from other properties served by the joint use driveways and cross access or service drive; (2) RecDrd an agreement in the public records that remaining access rights along the thoroughfare will be dedicated to the City of Winter Springs and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway. (3) Record a joint maintenance agreement in the public records defining maintenance responsibilities of property owners. (d) The City Engineer may reduce required separation distance of access points, except as provided in (f), where they prove impractical, provided all of the following requirements are met: (1) Joint access driveways and cross access easements are provided where feasible in accordance with this section. (2) The site plan incorporates a unified access and circulation system in accordance with this section. (3) The property owner shall enter a written agreement with the City of Winter Springs, recorded in the public records, that pre-existing cDnnections on the site will be closed and eliminated after construction of each side of the joint use driveway. (e) The Florida Department of Transportation (FDOT) has established minimum spacing requirements for the GreeneWay (S.R. 417) I!1terchange Area. Sec. 20-457 Building and Screening Design Guidelines (1) Projects shall use materials consistent with materials used in the area. Acceptable materials include stucco, ;~P.nfff.~~I::iQr:~if.~~~r~ny~ concrete block, reinforced concrete with tile, and brick and terra cotta accent material. Inappropriate materials are river rock, unfinished timber (unpainted), shake roofs, reflective/mirror glass, and metal siding. Materials should be of high quality and well crafted. December I, 1997 18 N~\Y D~vdopllh:l1( Ar~a (2) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heating units, etc., must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or other similar screening material which is architecturally cDmpatible and consistent with the associated building. Such screening material shall extend at least one (1) fODt above the object to be screened. Iflandscaping is utilized, the plantings must be high enough within one (1) year of planting to provide a screen which will screen the entire unit. In the case of satellite dishes, they shall be screened frDm view from ground level Df adjacent rights-of-way and properties by buildings, dense landscaping or screen walls. The Design Review Board may permit dishes on buildings if no part of the dish is visible from the ground Df surrounding properties. Setbacks for antennas and satellite dishes shall be the same as the building setbacks. (3) Dumpsters and similar facilities shall be screened on all four (4) sides from public view, Both sides and the rear of such facilities shall be screened by an opaque concrete wall, or similar material. Dumpsters shall be placed in an area that is least visible from a public right- of-way. (4) All storage areas shall be screened from view from the right-of-way and from adjacent residential zDning districts. Screening enclosures may consist of any cDmbination of landscaping and opaque building materials. Ifbuilding materials are utilized, such material shall be consistent with the architectural design of the principal structures. (5) Side and rear elevations of buildings visible from a public street or adjacent property shall be designed in the same architectural style as the main facade. (6) All doors for service entrances or bays shall not face a public street unless they are screened to obscure service activities. (7) Outparcels shall conform to the architectural, signage, and landscape theme Df the Dverall project and must share an internal access with the overall project. (8) Newspaper, magazine and other such vending machines, ATM's, pay telephones, and trash receptacles shall be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. (9) Exterior lighting shall be a cut-Dff light source to protect adjacent properties from glare. All exterior lighting shall be consistent and compatible throughout the project. (10) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design of front facades as appropriate to promote pedestrian activity. Decemb~"f I. 1997 19 N.:w [)~VdOplll~l1l ....\rca (11) BackflDw preventers and other above ground valves shall be screened so they are not visible from the street right-of-way using either landscaping or an opaque building material and shall be subject to buffer setback requirements. (12) Drive-thru pick up windows shall not be perhuttcd 011 the frDnt 01 sides of a buildillg fiolltihg on S.R. 434. Sec. 20-458 Development Agreement Any develDper may propose to enter into a Development Agreement with the City designed to set forth terms and conditions appropriate to meet the circumstances of the specific proposed development. Such Development Agreement shall be reviewed and approved by the City Commission. The City Commission may vary the standards of this ordinal1ce, including building or perimeter setbacks, parking standards, signage, and other standards. U::c:ln increase in building height beyond fifty-five (55) feet is requested, the City Commission must find that Fire Department capabilities are adequate to address the change. Such consideration shall be based on building site constraints Dr physical characteristics Dfthe property; provided specifically, however, that any such concessions fDr a constrained site shall only be considered by the City Commission in a Development Agreement if enhanced perimeter landscaping or buffering is provided tD assure that the objectives of this ordinance are achieved. Sec. 20-459 Corridor Design Review Board. The Development Review Committee shall serve as the Corridor Design Review Board for developments in the New Development Area Overlay Zoning District of the S.R. 434 Corridor and shall review such developments fDr a unifying theme according to the design standards and make recorrunendation(s) to the Planning and Zoning Board. The Design Review Board shall review and make a recorrunendation regarding any proposed DevelDpment Agreement pursuant to Section 20-458 of this Code. Dec",nb<.... I. 1997 20 N.:w D~vdorllh:l1t .-\n:.'1 DEFINITIONS: * Place/replace the following definitions in the Sec. 16-51 Definitions (Signs) in the City Code. * Substitute this definition of "Sign" in place of the current definition found in Sec. 16-51 (page 957) of City Code: Signs - Signs shall mean all names, insignias, trademarks, and descriptive words, back- lit awnings or material of any kind affixed, inscribed, erected or maintained upon an individual site or upon any improvement on individual sites. * Substitute this definition of"MarketinglReal Estate Sign" in place of the current definition of "Real estate sign" found in Sec. 16-51 (page 957) of the City Code: MarketinglReal Estate - For the purpose of these design standards, marketing signs shall mean all names, insignias, trademarks, and descriptive words of material of any kind affixed, inscribed, erected or maintained upon an individual site or upon any improvement on individual sites which contain infDrmation relating to the marketing of space or building(s) on the subject parcel. * Add this definition of "Ground sign" in Sec. 16-51 (page 957) of the City Code: Wide-based monument or pylon style sign - a sign whDlly independent of any building fDr support, consisting of a solid base with sign on top for monument sign Dr a base of fDliage with sign immediately the level of the base foliage, and where the subject of the sign relates to either the identifying Dfthe business name or the activity(s) carried on in the structure on the same property as the sign. * Add this definition of "multi-tenant development" to Sec. 20-1 of the City Code: Multi-tenant development - Shopping. centers and other uses so determined by the City. Decemb~-r I. 1997 21 N~\V D~vdoflllh:ll( i..\r~J. -1 LARGE SHRUB \ COi\tf1Y[ON NAiYfE Cherry Laurel Anise S weer Viburnum Wax LeafLigumum* o Photinia .. W2.'<: Myrtle i'YfED fOiYr SHRUB COi'v1JYfON NAiYfE [to.,. h- i' ,,' Pinosporum Variegared Pinqsporum S2l1dan.lcwa Vlownum Hetzii Juniper Pfuzer Juniper Shrub Holly Silvenhorn A.z.2.l ea Yew PDdoC2..rpUS SlYLllL SB:RUB COiYOVfON NA!'YfE Dwarf YauPOQ Holly Indi2.n Hawthorn DwarfPhtosporum E vergre:n Giant Border Grass Azzlea TnyraIlis Yew POdocarpus GROUNDCOVER. COi'VrMON NANCE Liriope Border Grass Mondo Border Gr.l.SS Dwarf Co nfed. hsmine ,,", Pmonii Juniper ~ Shore Juniper ~Afri~ Lily Daylily TAB LE r RECOiYL"YIENDED SBR[j13' PALLET BOT ANTCA L N Ai'vrE ;\ n?f[\ fUl\ r REI GBT RE 0 1D:REQ Prunus ca.roliniana llli cium anisarum Viburnum odoracissimum Ligustrurn japonicum Photinia spp. Myrica cerifera BOTANICAL NAi'VrE 30" 30" 30" 30" 30" 30" "'-L_ i'r fl?'t"I;\-ft0-f BEI GET REO IDJu:n Pinosporum tobira Pir.:osporum tobira "V~eg21a." Viburnum Suspensum' Juniperus chinensis V2I. chinensis ''HetziJ."n Juniperus chinensis "Pfitzer2..C2." TI~ spp. E12.eagmus pungens Rbododendron indica Pococarpus macrophyllus BOT A!'11CAL NAj'yfE 24" 24" 24" 24" 24" 24" 24" 24" 24M i\ID'"L\f'O').[ REIGRT REO'UIRED TIe:c vomittoria "Nana" Rz.phiolepis indica Pittosporum tobira "Wbeelen.... Liriope muscari "Evergre~"Giant" Rhododendron indica ThyralIi.s glauca PodoC2I"pus macrophyUus BOTANICAL NAi'VrE 18" IS" IS. 1 S" 18" 18" 18" iYIDUflJ'?Tr EIIGRT REOUTIITD Liriope muscari 10 Pips/dump 9" D.C. OphiopogoQ japorncus 10 Pips/dump 9" o.c. Trachdospernumjasminoid~ "Nana" 1-5" Spread 18" o.c. Junipaus chinensis 15" Spread I 8" D.C. Juniperus conferta I4Compacu" 12"-15" Spread 18" o.c. Agapamhus aliicanus' - 10 Pips/clump 18" o.c. He:n~oca1lis spp. 10 Pips/dump IS" o.c. .. -~ g.... . I:: t, ..~ ~ f~ -- Lantana Alii can In s HQUy Felll L.1man2. momc:vidc:nsis Dietes vegeca C yrLomium falcarum IS"spre.1d 13~0.c. 10 Pips/clump IS" o.c. Gal. C<-n 12"-15" spread 24" c.c. \ 4" pots -2-:;'Plantslpor\12" o.c. English Ivy HedeR heli."( .Must be used with a row of lower gromng shrubs in frDnL. Note: Pl.:1.nt list subject to :!.dministr:1tive :J.mendmenr from time to time. .I-i_ "'. ., , -, '.~ , ) CAi'fOPY TREES COiYllHON NA1'y[E Live Oak Laure10ak Sycamore Red lYfaple S weetgum T.-\B LE :2 RECOiY.GITl'{DED TREE'P.-\.LLET BOTANICAL NAivII i\-.D?'i"Th rtJiYI REI G BT REQUIRED Quercus Vrrginiana Quercus Iaurifolia PIantanus occident2lis Acer rubrum Liquidambar styracifIua 10"-12" 12' 12' 12' 12' OTHER LARGE TREES COlY..GYION NA1\1E i ,.to .::;. Tulip Poplar Bald Cypress Pines Southern Magnolia River Birch lYrE]) IDiH TREES COIYIi.'tION NAJ,YII American Holly Dahoon Holly East Palatka Holly Golden Rain Tree Sweet Bay Loblolly Bay Drake Elm Wmged Elm Cherry Laurel Weeping Willow SiYIALL TREES COMivION NAly.[E ~"\W2.X. Myrtle .~ ,.~~ Ligusrrum . '.e-. BOTANICAL NA!y.[E i'Y .lIi'ffiy.!'ti1YI HEr GRT REQUIRED Liriodendron tulipifera T 2Xodium distich urn Pinus spp. lvrzgnolia grandiflora Berula nigra 12' 12' 12' 12' 12' BOTA-~CAL NA!yIE BIT GET R.E Q UlREn 11e."'C opaca no: cassine 110: opaca 'East Palatka' KOe!reute..ia focmosana ... 1vfagnolia virgiTJi;ona Gardonia lasiantbus Ulmus p2.IVifoIia sempervirons 'Drake' Ulmus alata Prunus caroliniana Salix babylonica 10' 10' 10' 10' 10' 10' 10' 10' 10' 10' BOTANICAL NAJ.'rfE HElGHT RE QU1RED iv!yrica ct:rifcra Ligustrurn japonicum S' S' J ,<) . 1'_ -~ Crape MYllle' .Yaupon Holly Chickasaw Plum Flowering DogwOOd Redbud Tabebuia (AJso L. lucidum) LagerStDremia indiCJ Ilex VOmlcoria Prunus anjust;folia Comus tJorida \ Ceras canadensis Tabebuia spp. s' S' S' S' S' S' ACCENT P ALvIS COiYL'rION NA!vIE BOTANICAL NAlyn: HIIGHT R.E Q UJJu:n Canary Island Date Palm Washington Palm Pindo Palm Cabbage Palm . . Phoenix cana.riensis \Vashingtonia robu5ta B una capiwa Sabal palm - ..t.. 5' 5' 5' 6' Pruning of treo:; shzlJ be allowed to mziotain appropriate cleuaoce for acc~s and minor pruning shall be allowed to promote healthy growth. Thdnrenr is to allow trees to achieve a natura! tree canopy. Note:. PI:lnt list subject to :ldrninistr.Jtive amendment from time to time.. ." ...J " .' ,. r;)1 'D ' ." / t'\)... '1 ~. Jo )- 8 , ~ 3 r~ .\r '(j @) ORDINANCE NO. 489, ''-> I'-> (,0 .., n '" --... o~ 'C ""'-. ~j --... ;i ,- .- ", f-, -;1: .., ~ C> "'h, '.' -, Or-- "",t,.' ;- 0) :.. (.; f;) 4~ ''1 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA AND THE WINTER SPRINGS DEVELOPMENT JOINT VENTURE; PROVIDING FOR A DEVELOPMENT ORDER; AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING MULTI-FAMILY DWELLING UNIT DENSITY LIMITS PURSUANT TO SECTION 20-354, CODE OF WINTER SPRINGS; PROVIDING FOR A CERTIFIED MAP;, PROVIDING FOR CONFLICTS, SERVABILITY, AND EFFECTIVE DATE. WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 ("Annexation Ordinance"), which Annexation Ordinance annexed certain property comprising what is commonly khown as the into .:..a..> r.J1 '-.J .r:- en of Tuscawilla Planned Unit Development (the "Tuscawilla PUD"), the Village of North Orlando, Florida; and WHEREAS, the Tuscawilla PUD originally consisted approximately thirty-five hundred acres (3,500) and was approved for development of nine thousand seven hundred forty-seven (9,747) total dwelling units; and WHEREAS, the Annexation fr; the ti~ Ordinance provided for development i-;: an overall-= !'-, o:.Jl of the Tuscawilla PUD based upon development plan and set forth requirements for open space, recreation space, and other development matters; and ~ o the -.J WHEREAS, subsequent to the Annexation Ordinance, Tuscawilla PUD was developed in accordance with the approved overall development plan. subject to ce~tain amendments which redesignate the uses of several parcels within Tuscawilla PUD, all of which amendments were in compliance with the overall Tuscawilla PUD concept to better utilize open space and allocate densities within Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of Tuscawilla PUD was reduced; and WHEREAS, the developers of the Tuscawilla PUD have asserted tha t the Tuscawilla PUD was designed wi. th the concept of a central core (the "Central Core") of commercial property, in the parcel commonly known as Parcel 61, to service the entire 1 , I ;-:;!;::: ::i :.);.~ ;,--;c ?: 8c.:.:-~ 1- "':'~' 1T1n :;; o:Ur~: On ' c:c -. ~=4c\ ;<n;;; "0,,, ,C":: ~ ;u -'. -':1 =-c ::0 p, n o ;1) l""..) ITI o ~" < r'1 ;;J .""Tl "1 o " Tuscawilla PUD, which Central Core was integral in the design of the overall road system and infrastructure of the entire Tuscawilla PUD; and 'n . p, WHEREAS, On January 14, 1988, Gulfstream Housing Corp. ,~~ o ,- successor by merger to Winter Springs Development corporation,~~ ~') entered into a contract to sell certain real property to D & M,:! Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core, which resulted in negotiations between WSDJV and the City and ultimately to a series of public' hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida (the "Court"), Case No. 89-3589-CA-l7-L, Winter Springs Development Joint Venture, a Florida joint venture, through its General Partner, Gulfstream Housing Corp., successor by merger to Winter Springs Development Corporation, Petitioner, v. City of Winter Springs, a Florida municipal corporation, Respondent (the "Petition"); and WHEREAS, in an attempt to resolve the issue surrounding the Petition, WSDJV and The City agreed to a mediation of this matter approved by the Cour-t, which mediation was held on febr-uary 2, 2 ...., l'.) --.. --., tn '" o~ ::-; ::: ;.::, .).; = .p- C, rJl '"' ,.':, , , :1: ;;? i;~ C, 1'1 <, o. " 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and The City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla PUD and amend the I ".. Tuscawilla PUD to reallocate land uses and densities in a manner '" to better utilize open space and allocate densities within the In N !2 ~ Tuscawilla PUD and in keeping with the original approvals granted~ ~ ,- PI relative thereto; and (") !-") C) the? ~t=:- 0') WHEREAS, the property remaining to be developed, within Tuscawilla consists PUD of approximately 367.2 acres (collectively the "Remaining Property") consisting of: approximately 32.2 acres designated as Parcel HC ("Parcel l4C"), approximately 35.0 acres designated as Parcel 61 ("Parcel 61"), approximately 202.9 acres designated as Parcel 15 ("Parcel 15"), approximately 75.4 acres designated as Parcel 80 ("Parcel 80"), and approximately 20.7 acres designated as the Lake Jessup Property ("Lake Jessup Property"), which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached to the Agreement and expressly incorporated herein by this reference; and WHEREAS, pursuant to the Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval: and WHEREAS, the Agreement is in the best interest of ~he City and promotes the health, safety and welfare of the citizens of The City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19)~ Florida Statutes (1989), as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, The City has determined that it is in the best J 0") cu C) or, .~.::: ;.:.~ ;.: -" .., ., ~i;j '" ": ':',f interest of The City and its citizens to settle the Petition by adoption of this Agreement; and WHEREAS, The City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth within the Agreement. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I: (./l fTl :!: :r.. <:> ,... Florida~ ~., I '; The Agreement between the City of winter Springs, and winter Springs Development Joint Venture, a Florida joint;:! venture, attached hereto marked as Attachment "I", is hereby accepted and adopted by the City of winter Springs, Florida, and made part of this Ordinance as if fully set forth herein. SECTION II: The Agreement shall constitute a development order pursuant to Chapter 163, Florida Statutes (1989), as amended, and shall govern the City and the developer accordingly. SECTION III: Annexa tion Ordinance No. 64 is hereby amended pursuant to the terms of the attached Agreement, and any and all approval, master plans, submissions and other similar matters affecting the remaining property of the Tuscawilla PUD are hereby automatically amended to conform to and reflect the provisions of the Agreement. SECTION IV: Pursuant to Section 20-354(b)(4), Code of Winter Springs, the maximum allowed number of dwelling units per gross residential acre for multi-family dwelling units within the Tuscawilla PUD is hereby waived to the extent permitted under the Agreement, upon recommendations from the Planning and Zoning Board. SECTION V: Attached to the Agreement as Exhibit "B" is a proposed land use plan of the remaining undeveloped property of Tuscawilla PUD. Exhibi t "B" of the Agreement is hereby adopted, approved, and certified as the land use plan of the remaining undeveloped i\ t'V t'V ~ ~ 'JI <::> rJ ~~~ ;;! ;':.. ,... C> .r:- 0') ""'J ~.: ~ll.~: (, , rl! : , ., , , ,:..' Z :r: 00 UO pc: M W~..-l :r: UNW <(1lC;1-< I'<l<(H Z:X:oJ..-l W:r:tI)O P<U to P-.l U) ... N :oJ .M !:1~~ <( ~~<(e o-lWPC: H~O l<.~~~ ><~O . Wx: 0 ,iij~ z e OH < l::~gi2 <(:r:MO >< "" o l>l ~ P< W pc: P< VI <( :30 I-< Z ~ pc: I-< VI Z H VI H :r: E-< .. , , properties in the Tuscawilla PUD. SECTION VI: All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. SECTION VII: If any section, or a portion of a section, or subsection of this ordinance be invalid, to proves unlawful I " unconstitutional, it shall not be held to invalidate or to impair ", '" the validity, force or effect of any other section or portion of~ t:-; ,-- n'l n ~., a section or subsection or part of this ordinance. SECTION VIII: This ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this ~ 3 i1.d. day of cr"J7 1990. ATTEST: CITY OF WINTER cUtAU LEANNE M. "--/I, . ,', ~?~ CITY LERK '. i ,..". ~., "): .... t. .......... (}' .... . ':? .... r / ...... . ....... \ .............,..<'~~' 511\\:\i\\ First Reading: May 14, 1990 Second ~ Reading June II, 1990 Posted: May 18, i990 Third Public Hearing and -&ee&fiG Reading: June 25. 1990 5 or C> 2 ...,.. en ~ 1'-.) r'-.) "'l "'l rn Cl ':J :'Y~E:~ . n }~. ::. ~ .-, ~... '" '.. ~13; (;, '" 11~ '\.9 '\ c r-- L~ C) L N c..: w ..... :.-~ ':'L- c.~ tn 0 ('J l;l ~ C) \-.:~ -~--=. -.::- C'J W i';-=; l>J c:::. S::2 '-- C::j lJ.lgL;:. ~,; U ~ ... ..... f:J t- __ ~:33 , J J U 4::> :_:~ ~ c.._, -. Ut.J : ::h..-J :~o8 :..~ ~ ~: - i...:ld ._1(1' 1.J I 1-- 7 , I C 4 G g s ::.1'\l,C L:' ;~:. fL. SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTERPLAN FOR THE TUSCAWILLA PLANNED UNIT D~BLOPMENT AND RELATED MATTERS THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED MATTERS (the "Agreement"), is made and ,entered into as of the day of , 1990, by and between WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership (hereinafter referred to as "WSDJV"), and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "City"). WIT N E SSE T H: WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 (the "Annexation Ordinance"), which Annexation Ordinance annexed certain property comprising what is commonly known as the Tuscawilla Planned Unit Development (the "Tuscawilla PUD") into the Village of North Orlando, Florida; and WHEREAS, the Tuscawilla PUD originally consisted of approximately 3,500 acres and was approved for development of 9,747 total dwelling units; and WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PUD based upon an overall development olan and set forth reauirements for open space, recreation space and other development matters; and r-- r-- wtiEREAS, subsequent to the Annexation Ordinance, the Tuscawilla PUD was developed in accordance with the approved overall developmen~ plan" subjeci to certain amendments which redesignated uses of several parcels within the Tuscawilla PUD, all or which amendments '.were in compliance wi th the overall Tuscawilla PUD concept and approvals in effect, and were effectuated in order to better utilize open space and allocate densities within the Tuscawilla PUD; and V"") c....) WHEREAS, pursuant to such amendments, the overall density of the Tuscawilla PUD was reduced; and WHEREAS, the develooers of the Tuscawilla PUD have asserted that the Tuscawilla PUD ~as designed with the concept of a central core (the "Central Core") of commercial property, in the parcel commonly known as Parcel 61, to service the entire Tuscawi11a PUD, which Central Core was integral in the design of 1 /C/OAR 6786062-"1.110 06/22/90.3 : 217 n I, - , .' ~ ( r. -.# I ., l. the overall road system and infrastructure of the entire Tuscawilla PUD; and s.:.~::.llC~: CG. FL. WHEREAS, on January 14, 1988, Gulfstream Housing Corp., successor by merger to Winter Springs Development Corporation, entered into a Contract to Sell ,certain real property to D & M Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core; and WHEREAS, the City refused to allow a shopping center development within the Central Core; and WHEREAS, such denial led a series of discussions and negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and . WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Ci rcui t in and 'for Seminole County, Plor ida (the "Court"), Case No. 89-3589-CA-17-L, Winter Sorings Develooment Joint Venture, a Florida joint venture, throuoh its Genera~ Partner, Gulfstream Housinq Corp., successor by merger to Winter Springs Development Corporation, 'Petitioner v. City of Winter Springs, a Florida municipal corporation, Respondent (the "Petition"); and WHEREAS, in an attempt to resolve the issues surrounding the Petition, WSDJV and the City agreed to a mediation of this matter, approved by the Court, which mediation was held on February 2, 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and the City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla PUD and amend the 2 /C/DAR 6786062AAD 06/22/90.3 2 2 i [ " I. 7 L= 't I Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within the Tuscawilla PUD and in keeping the original approvals granted relative thereto; and ~::~:;t,..=:~[ CJ. FL. WdEREAS, the property remaining to be developed (which shall not include real property which presently has or is presently being reviewed for site plan approval, plat approval, building permits, or other similar approvals or matters) within the Tuscawilla PUD consists of approximately 366.3 acres (collectively the "Remaining Property") consisting of: approximately 32.3 acres designated as Parcel l4C ("Parcel l4C") approximately 35.0 acres designated as Parcel 61 ("Parcel 61"), ' approximately 201.3 acres designated as ParcellS ("ParcellS"), approximately 77.0 acres designated as Parcel 80 ("Parcel 80"), and approximately 20.7 acres designated as the Lake Jessup Property (the "Lake Jessup Property"), which Remaining Property and the aforedescribed parcels are described on Comoosite Exhibit "A" attacheq hereto and expressly incorporated herein by this reference; and WHEREAS, pursuant to this Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, this Agreement is in the best interest of the City and will promote the health, safety and welfare of the citizens of the City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes (1989), as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, notice of intent to consider this Agreement has been properly published and given; and WHEREAS, the City has determined that it is in the best interest o"f the the City and its citizens to settle the Petition by adoption of this Agreement; and WHEREAS, the City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth herein. NOW THEREFORE, for and in consideration of settlement of the Petition and other and good and valuable consideration, WSDJV and the City hereby agree as follows: 1. The foregoing recitals are true, correct and accurately reflect the matters affecting the Tuscawilla POD and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. ""l ..J /C/DAll 6786062A11D 06/22/90.3 ,. '-?""1 .f . ~...... '- ,0 i!. 7 '; ~. . I L St"~ihi":L: CC. rL. 2. The Remaining Property shall be developed in the following manner: PARCEL ACREAGE LAND USE UNITS 14C 31. 2 Single Family 125 1.1 Seneca Boulevard 61 33.0 Single Family 198 1.4 Conunercial 0.6 Service Road 15 67.0 104.0 25.2 3.6 1.5 Conunercial Single Family Multi-Family Vistawilla Drive Fire Station 416 504 80 74.0 3.0 Multi-Family Tuscora Drive 1,480 Lake Jessup Property 20.7 MUlti-Family 166 TOTAL 366.3 2,889 3. The acreages described within each Parcel are approximate acreages only and shall be finalized at such time as a final survey of each parcel is obtained. Therefore, the legal descriptions set forth on Composite Exhibit "A" are subject to revisions based upon such final surveys and sound land planning techniques, it being the intent of this Agreement that this' Agreement be inclusive of all remaining undeveloped real property within the aforedescribed parcels within the Tuscawilla PUD as of the date hereof; provided, however, no boundary or any such parcel shall be expanded by more than one hundred (100) additional feet. 4. The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maximum allowable acreages for commercial property within each such parcel. Notwithstanding the foregoing, WSDJV shall have the right to request minor revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acreages on a gross basis do not exceed those set forth above, subject to the applicable provisions of the City Codes. 4 /C/DJl.H 6786062AMD 06/22/90.3 = 2 I 1 !, 7 'J _ 't { ,-,' 5. The land use designations set forth herein are inclusive of less intensive uses under the City Codes for development of the Remaining Property, subject to the regulations of applicable governmental agencies. .s~.~:,~;CL:: C:. rL. 6. Within the land use classifications set forth herein, such classifications shall be inclusive of all permitted uses within such land use under the City Codes and ordinances in effect as of the date hereof; provided, however, commercial shall include those uses set forth on Exhibit "B" attached hereto and expressly incorporated herein. 7. Attached hereto as Exhibit "c" and expressly incorporated herein by this reference is a depiction of the Remaining Property and the land uses associated therewith. Attached hereto as Exhibit "D" and expressly incorporated herein by this reference is a depiction of ParcellS and the land uses associated therewith. Exhibits "c" and "D" are intended for reference only as the City and WSDJV acknowledge that the land uses shown thereon are an approximation only as to boundaries and the boundaries of such land uses may vary in order to make better use of the Remaining Property in keeping the terms and provisions of this Agreement; provided, however, no boundary of any such parcel shall be expanded by more than one hundred (100) additional feet. The parties agree that Exhibits "c" and "D" shall collectively constitute the certified map and plan of the Remaining Property in the Tuscawilla PUD. Access points and roadways show the number and approximate location of 'such matters, which location will be finally determined at the time of site plan approval and/or plat approval of the respective property such minor adjustments and revisions shall be permitted, provided such changes shall not result in an increase in the commercial acreage or units on such parcel, except as otherwise permitted herein or by City Codes. 8. WSDJV agrees to dedicate a one and one-half (1.5) usable acre site for a fire station located adjacent to State Road 434 in the residential section of Parcel 15, at the location depicted on Exhibi t "C". 9. WSDJV shall be entitled to transportation impact fee and other impact fee credits for the dedication, planning, development and construction of Tuscora Drive and Vistawilla Drive, which road are determined to be collector roads and other public dedications in an amount eaual to the impact fee credits permitted under the Transportation Impact Fee Ordinance or other applicable ordinances adopted or to be adopted by the City, for right-of-way, planning, design, development and construction of such roadways. 10. The access points of the Remaining Property along State Road 434 shall be of the number and in the approximate locations 5 /e/OAR 6786062AMD 06/22/90.3 l c :...:i",,":. ?:..~:: 7 ? 7 7 L. .... o 4 7 4 (:=l..L~,::: --. ;-:1 fL as deDicted on Exhibi ts "C" and liD"; however; .l's',\:nav'access points shall~be subject to Florida Department of Transportation requirements, guidelines and standards. 11. In the event of any conflict between this Agreement and any other ordinance, approval or similar matter regarding the Tuscawilla PUD, this Agreement shall control and govern the r~g~ts and obligations of the parties hereto and such approval or s1m1lar matter. 12. Any and all approval, master plans, plans, submissions and other similar matters affecting the Remaining Property are hereby automatically amended to conform to and reflect the provisions and intent of this Agreement. ~ 13. Buffering of the Remaining Property shall be subject to the provisions of the applicable City Codes at the time of site plan approval. ~ 14. In order to develop the Remaining Property, WSDJV shall be required to comply with the applicable City Codes, it being the intent of this Agreement that this Agreement constitutes a revision to the approved map and master plan of the Tuscawilla PUD and that in order to develop any portion of the Remaining Property, the remaining approvals necessary consist only of site plan, final development plan or plat approval and preliminary and final engineering approval, as provided by the aforedescribed City Codes regarding Planned Unit Developments and specifically Chapter 20, Article IV, Division 2, Part A, which applies to the Remaining Property. 15. WSDJV agrees that the City may, at any time, adopt a special tax district encompassing that portion of the Remaining Property and other property located adjacent to State Road 434 from the eastern boundary line of the City to State Road 419, for improvements and beautification of State Road 434. 16. WSDJV'agrees to grant and convey a ten foot (10') easement to the City over and across the southern boundary of Parcel l4C and continuing along the southern boundary of the adjacent real property owned by WSDJV, in the City of Oviedo, Florida, to State Road 426, on or before thirty (30) days from the date this Agreement becomes final and is no longer subject to appeal. 17. It is the intent of the parties that although the Petition be dismissed without prejudice, the Court shall retain jurisdiction over this matter and specifically with regard to this Agreement, in order that any disputes hereunder shall be resolved by the Court, pursuant to such proceedings as the Court may deem necessary in order to accomplish the foregoing. Neither party hereto admits to any liability whatsoever with regard to 6 /C/DAH 6786062AMD 06/22/90.3 K ;; .l ::;: . I" _'_ L Z 7 7 n II 7 s ~ I .... the Petition and the subject matter thereof. ~iihkt~.r~his Agreement is in no way intended to affect the aDorooriateness or inappropriateness of either parties' position or- circumstances with regard to the Petition or the events, circumstances and subject matter thereof. In the event that the Court, at any time, determines not to retain jurisdiction over this matter, the parties hereby expressly waive and agree not to assert the defenses of statute of limitations and laches in any subsequent action related hereto. 18. This Agreement shall inure to the benefit of and be binding upon the City and WSDJV and its or their respective successors and assigns. 19. The rights and obligations of WSDJV hereunder are fully assignable and transferable, including but not limited to, in the event any portion of the Remaining Property is conveyed by WSDJV, and in such event the City shall look solely to such transferee or assignee for the performance of all obligations, covenants, conditions and agreements pursuant to the terms of this Agreement. 20. This Agreement contains the entire agreement of the parties hereto. Any change, modification, or amendment to this Agreement shall not be binding upon any of the parties hereto, unless such change, modification or amendment is by ordinance and in writing and executed by both the eity and WSDJV and adopted by the City by ordinance. 21. This Agreement shall be interpreted pursuant to the laws of the State of Florida. 22. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall"'for any reason, and to any extent, be invalid or unenfprceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 23. In the event of any controversy or dispute arising between the City and WSDJV in connection with this Agreement, including without limitation, in any settlement, in any declaratory action, at trial or in any appellate proceeding, the prevailing party shall be entitled to recover any and all costs and expenses associated therewith, in whatsoever nature or form, including without limitation, reasonable attorneys' fees, paralegal fees, legal assistants' fees, expert witness fees and other professional fees and expenses associated therewith. 24. This Agreement and any modification or amendments hereto, 7 /e/DAR 6786062AMD 06/22/90.3 ?~::::. Z 2 7 7 o 4 7 G may be recorded in the Public Records' of Semici6:'iiE{:;.coJntly, Florida; however, failure to record this Agreement or any modification or amendment hereto shall in no way invalidate same. IN WITNESS WHEREOF, the City and WSDJV have executed this Agreement as of the date and year first written above. ~ c----....... /e/DAR 6786062AMD 06/22/90.3 "WSDJV" WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership BY: GULFSTREAM HOUSING CORP., a Delaware corporation, General Partner ..;., 1/7 j. ",i?!-1/i'4~ vc-!'rt<< .,.. , .,f.'." J. Glenn M v.'" ,.?f[TI'I , , ' Pre sid e " ;;~""''''''', \\'. C' r",: r """ ,\' \\. '/ ,....'" .. \ f' ,... .... ".... .,:-' ~ .... ~ E. te.. ...~ . :'!' ~ \", ,f . t,... '. "';. if? f ~ ,'. n' '...) vJ \ "':. (CORPOit:{~ ~~f..R~O)CO ~~ ~ _ :,>,::" :,~'~~;L~<~.~.~~.......~.... /:' .J. . j(' '.-". ,7..1 \,\' ; "III \\\\\\ BY: HOME CAPITAL CORP.;' """:11111' a California corporation, General Partn ,',' .. ::-! By: is E. Vogt, Vice President By: ~ef!:t~ .._ - /" Assistant Secreta~y 8 ,,_,II,"t', '". ,,' ~ i A ~ " ~. v ......, . I "'" I::l ....,. ') ..... 0., -', <." ,t \"'.* C" ,.'.... '. . :. . I:r..' -"N"". =.. ( CORPORA:r!; ;' SEALJ _ ',.:: ~ : ..:: ~ '1: ...... C) (t.:.: ~ ~ ""'" ....'...... '..:Jl ~ ....'::.: . -:;., ".. "..1 0 ~,' " " "'" y ......... 'I.," ".. J j . \\" ..... J .t l\\\\ "1'," '" 111' I Attest: ?n~;7:~LJ Mary T. Norton, City Clerk /C/DAR 6786062AMD 06/22/90.3 227 ? 'THE "CITY" -. . '.....~ ..-;.."- "" t F/..~?. ~"" , -, - U ,~ / ( S~.~1.1:C~E ca, F"l. THE CITY OF WINTER SPRINGS FLORIDA, a Florida municipal corporation By:d~ Leanne M. Mayor '9 Yh. j /t&LL Grov71 / ! 277 n t. 7 n U L:.. U STATE OF FLORIDA / COUNTY OF otr4,Jb-[ S~.~~i;~CL:: CO. fL. I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, J. GLENN MARVIN, III, as Vice President of GULFSTREAM HOUSING CORP., a Delaware corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official seal in the County and State last aforesaid, this I/!!? day of ...5C(~-~ " 1990. . - ,.,....../ / \ \, /' /' ".. ""-" ~ .-'. '~'" :,' ~lJ" ' ,-." t -~ '.'. . ~ ~ " j' l I /'-.../ [,/0 . vi . ,'", .... ...-=" t'- t.. o ," - ".IJ . I.. ,~_"" II L'0. I L/t, ':, ..'/\,' :':', -', ' N :tarY/,PLib\iC / :'!::!./-' "/j :,-'.. My Com:miss'on EXDires::1:,/' .::>.~ -:': , I -/: :n'. I . : t::)T~'~y pual:C TATIl Ci'4:l~I::D~ AT\A;,n~ '. ::~ I" ". '::" MY fOMMIS, ,ON !EX;>!RES ::..JNc :<5, ',94 '. ',,;,. .'." . ,..'.. '.. eC~li~O iW:U A.iHTO.'1 AG=uC" '1'C. .'.. "('J.;',':.,. ':-' ,,' . . -I' .,." . V"j . .. l/' ..... ......... J ':Il' .,\.. STATE OF FL~~ COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LOUIS E. VOGT, as Vice President of HOME C.l\PITAL CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand an9pfficial last aforesaid, this L../d:6-day of ",U.""";'" "~.., . .'1';...... E. v" ..... ~~ ...... , '\. xplres:,.'I..... ~ 0".0 ~ o ARY PUBLIC. STATE ~~lfktOA.,;;; ...... -: ';': ~ CO~MISSION EXPlni::5l' . v . <...> = BONDeD THRU NOTARY PU"~ III A 1,;'993., !.~ ~ :". __ ~RW,uTxll.. .._ ~ :: -:''' -. '-.).:,.. ,::: ....'-:, Ie".. '< ..,4. ~.;::-.... ~I,. '...:-.. ..,,'..... ",....' ...:....'1. ~ . f'" ".:.\\ . '~:"'"'It"\ 10 /C/DAR 6786062AMD 06/22/90.3 2 2 7 7 .., , -, ;: ;~ { C :./ -; '- "STATE OF F~RIDA COUNTY OFLl-(p-l'_.o~ o , I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOY DeCARO, as Assistant Secretary of HOME CAPITAL CORP., a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. S~~;:~UL:: CO. FL. WITNESS my hand an~p~ficial last aforesaid, this ~day of .... ~ "'~, (..) I, ,," : Notary Public = i "X'~ _ ': ~~ ~ - ~ ~ I... -J'~' " My Commisso LPvni:r~eSl!lllfl1P.:........ ,: r'-o. :.-:-':- A tc.~t':" ~:B ~"......., -v -- ~.\~Tc " lISSI0~~;::~~;~~'~5J:~I6.:~ -0 .....:,.:.-:: STATE OF ~IDA BONOEon.RU N "'::. 0(' ... v ...' ~ .'~ COUNTY OF / :\, ......~~.:: ~,..?....::'. ':,(// .. . ",-., 't"'t'.~~,:~.1 I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LEANNE M. GROVE, as Mayor and attested by ~~~qy T. NORTON, as City Clerk of THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, to me well known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same for the purposes therein expressed, on behalf of the :":0- .. ..::'.. -"'011. .:'1.>, municipali ty. ." .,\\::'.:.(.t "'. '1 .." ,~.." ....~.. . 1. " ~ '.' -l" o. 0 ~ sil- ~.E... the County an~/~~~'t~~. ~\~:.\! ~-----:.\JIm. (;!A / , 199 q .~. f /..,"< / :; : ~ ~ ':0::04 r>.. ;-'= -: o4~."":> --....t: ~ : '. ",.- ~ .'x~- ~," ..... ~ ".... <:::) ~c '" ......... ~~ ,~ S "I ~ "" " '........ ...,., s~l ~~county and State '--..k...,ti. " 2A, 19 9 0 . I" / ...... " ,,;,.,," "'fill, " U '" .,. >,,,t.o "" ~~. ~.o .......... .,' '. ..' :;\" WITNESS my hand a?/~:EiCial last aforesaid, this ~ay of Expires: ..OTAil.Y Jl'uauc/ STAn 0' RO~IOA AT lARGE MY COMMISSION EJ(7IIUS OEaMBU 0', 1991 &OtlOEo THIlU A$HTON AGENCY. 1He. /C/DAR 6786062AMD 06/22/90.3 11 =':::s~:;=?::O)~ : ?=cc:.s J-., ::-eco=cec Serr.ir:ole =.., D, in :>12': CO~!jt:y, G:t1?OS IT.c. EX'''':IIB IT itA" tl~C:I"\ ~ 277 S~.~i!iCL~ LJ. r L. t. 'f {~ n U ~ 0 ~! PJl.RCEL 14C _ c.:10 r..e:.en:.ic::: 300k :: 6, rc c:es ?2.c=ici.=. ]...=\:2 C, J. ~ cr.c 7~ S C.:'.\..~ I =- :..~. u !,; :- :- :1.::- c: :.he ?\;~lic .J' \oJ,\! LEGtBIL" I" .,,,",,",, fOR . M~C~;\jGKi\J,j',(lI~ ~ (Page 1 0: 15) : .,......- r:"~c ~.:'- - .. '-' , c.~ - , :-\ecc==~ 0: ~'...:....:;\ P.l\RCEL 61 227 7 r; ,. 0 ~ ':- U ~::~iS::;L'::: co. fL.. ?;..?:::::::.. l - :::~ I a~ : =::-OTa 't...'-2 ce...~t:.e.=line c: i-~~=sec~cn c: v\.i.'1~ S?::-~"jcs ~..:le.-.;'2'== 2..~~ ~=-Jle.~ \-;2.:', as S~ll l.T1 ?l.c.~ c: ",~i..~t..e= S?:-i.'lgs L~t Fc~ as rE.-(:::):-::ec ?la~ E:cc-k lE, paqes 6, 7 c..'1G E, ?\::JUc l<e-::::::::_:::..s c: Se;:-':""'1cle Cc:'=:-::-:', ?lo=ic.c.; :-.=1 l\. 86 C'23 I OS";:. c.lQ;"Jc t.he ce..'"lt:.e::"l.L.'1e o~ \-~i.'1~e= S::;:::-i.'1CS Eocle"c..=;:: 282.25 fee~; t.r.e.'"lce N.03c36'5S"\\. 60.00 fee.:. t.o ~'1~ ?:J.i.."1~ c: beg:L~_linS 0:1 the Nc=-..h ris::t-c:-'..;ay line c: Wi.'1t.e= S?=:..nqs 3.:r..:le...."2rc (120' R.i~'); the.nce n=l S.S6023'CS"Y;:. alonS sc.ic Nc:-..h :::i:;h:.-c:-....c.y line 217.85 feet to t.'t)e p:lint. 0: cu..........;a'tUre of a ClL-ve c:::::1ccve No~~- e..as~""T""lv, 2.."1C havino a raCiu.s 0: 25.00 feet; ::hence n.:n No:-t.iJwes-c.e=lv alone t.~e ere 0: said curve 39.27 feet. t.iLrouch a Ce.!lt.rc..l 2..'11cre 0: 90-0 00' 00" ~ t:..i,e coin:. of t.2noen~ en the E2..st ~icrht-of-":'GV lin~ 0: Nc~"- E..--:1 \~ay (BO' Mn; thence run ~. 03036' 5s"\-!, al~g saic ~?c:::. :::-icf.1':-of- \..:ay line 90. 78 feet. to the poim: of cu.z-...c. tu=e 0: Co c,,:,--ve C:::lC2. ve ';".:>C::'7""""ly 2..-:':: hav:L'1<; 2. r;>~;us of 18S3.55 feet: the:1ce :-..lo'1 Nc~'1e.=l~' c...lCil<; ~'1e a=e of said o.:..-ve 6~. 25 feet tl-.rou<;h a ce.:1t.=al 2J1<;1: of 020 32' S7" t.Q a p:::>in~; t:'1e.'1ce leaving said East right-c:-\..;c.y line, :-~ H.86023'OS"::::. 270.83 feet t.o the point of Ctl...-V2.Ol!"e of 2. c..:..-ve c::nc.ave So~t-"west.e:::-lv, 2..'1d h..av:inc 2. raCiu.s of 27.83 feet; t..'1e..:'1CE :-..:=1 ScU-::''l- e2.S7"";'!'"'lv c...l~o the a:::c of said C..Lrve 40.44' feet tlLroudl a ce.-;-:'=2.1 -n-.l.'e c-:C EiOj;'t.l" +-" the ,..".....,........ c& "':>!1o""nf""\." ....he.....,....", .....-...... c:: lCeL.-2'1t."~ c:..:........ _ oJ _--S .._ '--' ~.-.l.J'- ~ ~ ~-J' l",....:o..;.....I.~ ..."--4 -.- -.-. ,-,; 8~ ~~- ...." :> ~;n- 'cn ~he -~ores=;c~ ~~~h -l'~t.'-O~-""~cv 1;ne o~ _ __ J ___"- \"",l"...I ~ ~o..,...I_ \.. '--_ c._ _ ~ LVV_u .. ~':'.l - --..-- it;-, Tj'7""- S?ri.:1qs Eo~evc.rc, suc po:L'lt bei.l1g on, 2. ;;'..l.--v2 c::m~ve Nc_ ~.,- e.=ly, 2...~ r...:vins a raCi.us of 1085.92 fee":.; t..~e.'"lce '::1.,-"" 2. t.a.'"l<;e.:'1t :::ee-:LT1c C: S. 82016' 07"W. I :-...::: i-P-st:.e..:'lv alQ;"Jc 't."n,.e a::c of S2C c.:...-ve a.,C a.l~:-:c saic. N:::;~'e=lv =i6-::-c:-....;'2v.2.i!1e 76.01 fee': ~"'=O"...lC':: 2. ce...-:.=c...l 2...icle of 0~006'52" ~ ~~ 1Xl:"T1't. of be<:':.z,.!';nc, C;:::).:'17"='~"rJS' - .. -., .l.4ll2= c.cres. (Page 2 or 15) :..;.....:'-..\ '? - 7 ':... '- ( ,-. , (','" Li :t C &... PARCEL 61 SE~.:SC:L~ ca. fL. D :: ~, c ;: ; ;:: -:- : 0 t, C" F::"';::::: Z L 2 F~orr, :hE CEr,terl~n€ of in..ersec:'ior, of ~'ir.:'er Sp:-ir.~$ E-oule-- \' ere c. r. c: 1\ c ~ : her r. \..' c y Co S s how n i r. p I Co L 0 f ~'j Ii j' :: K S P ;:: J !,' G 5 1'Ii J T FOUF., cs recorded in f'1c.i. 8001: lE. Pqles 6, i b E. h:t;1ic re- cores cf Se..,1nole (oun:)', tlor,cc, run 1\.8€.C.23'C'5"E. 21cn~ :tie cer.'tf::'"l'ne of ~'ir.ter Sprint'S Bou1e\'2rC 282.85 fee:; ~hence J. (j ~ t - " , c " ...' " 0 0 0 .r -'. .. '. .J .:l \,; _ _ ". 1'. , e E i. t 0 cpo' n ton the I; (I r : 1", r, 9 1". .. 0 i ..... Co Y 1 i n e G f s c i c: ~'i Ii t e r S? r i n 9 s B 0 u 1 e.v 2 r C:. S 2 i GpO i r. i. be i n 9 0 n c c l..' r \' E con C a v E ;,0 r : her 1 y and h a v i Ii C c reG ius 0 f ) 0 e 5 . S 2 of e e t ; thenCE: from c tcnoeni. bea:-inc. of 1~.86023'O~"E. run testerl\' c Ion 9 i. h e c r co; S c i c: cur v e an c: c) 0 nt's Co i d I; 0 r 7. her 1 v r i 0 h t - 0 f ..... c y i i Ii e 7 E . 0 1 fee t t h r 0 u 0 r. c c e n t:- Co) a n c 1 e 0 f O!. 0 0'6 ' s e:: 7. 0 the poi f.: c. f be c inn i n c; the n c e ) E 2 \' i noS aid Nor: her I v r i 0 h t 0 f "'. c .r I i Ii e. r u r. I; ~ lOco 2 2 ; I ~ "\,'. 1 7 3 . E:. f e ~ i. tot h e poi n 7.. 0 f ~ u r \! e - turE of G curvE concave Sou~h\o.'esterly cnG hc"inS Co raGil:s of (7.E:~ fee:; i.hence run Ncrthwester1.r ciong i.he erC c.f scid curve t..O.L!; feEt ..hrou9h c central angi€: of 83C)L.'!:..I" tc: the pojn~ o{ !anoencv; thence run S.E6023'OS"W. 270,E3 feet !O 8 . poi n ~ 0 ri ~ h e E cSt ~ r I y r i 9 h: 0 f \-, a )' 1 in€: 0 f Nor the :- n ',,' 2.V (8 0 ' p./:..') SciC;; pcini. b:in9 on c curve COOC2ve ~csterly and r.c.vin9 c rcC;'vS of 18~3.5S feE~; thence from E tcnger,t be2rin9 of t~ . 0 1 '" 0 3 ' 5 e " \,'. r u ii ~I 0 r i. h e :- lyE "Ion 9 .. h e c r C 0 f 5 e i 0 cur v e and eion9 52i6 Eesterly ri9h: of ~cY line 50.08 ~eet ~h:-oU9h c cer,:r2'1 enSie of 01"'30'50" to c poin:; then::e '1:2vin9 slid E: cst 2 r i y r 1 9. r,:' G. f ..... c Y "I i n e run J\. 8 6 "Z: ' C':> .. E. 2 G -;. 9 5 of = e: L (j :he point ,o~ CurV2!ure of 2 cu~ve conC2ve Sou:nwesterly and h~vinq 2 r2cius of 77.62 fE~:; thence run Scu!ne2s:e:-1y clong the arc of said curve li3.0i fee~ throuoh c cer.:r21 an9ie of e.3=it..'!:.I" ~o the po"int of tangency; the~ce run 5.10"22"'4"[. /1 :- 5 _GO fEe t : 0 2' poi n tor. ~ he 2 for e 5 2 "i c: I~ 0 r the r "y r i 9 h t 0 of \oJ 2 Y line of ~in~er Springs 60ulev!rd, 5aid point being on 2 curve con C 2 \' e j~ 0 r the r 1 v end h 2 \' i n 0 cor a G ius 0 f 1 0 E 5 . S 2 of e: : ; ! hen c e from 2 :anoen: b~~rinc of S:7~t'37'~6"\..'. run Wes:erly along the erc of 52id curvE 2nd-clonc s2id l~orthErlv r1ch't of .....2)' iine SO.C2 !ee~ ~nrouon a cen~r~' ~ncle of 02.~e'2i- ~o ~ne poin~ o f b E 9 inn i n g. C o,~ L. a in; n 9 thE rei ~ O. 5 9 7 Sac res r.1 0 reo r 1 e s s . (Page 3 of 15). L;i~~;}._ ;'" ....- lr.~ ..It...; \ -... r.= r''''';~ PAR::EI., 61 ? 2 7 7 l~ /. a ,., - I U 't G J S~~:ihCL:: .'" .-. "" ...." . r L.. DI:SCHlI"TION - ('/\/lC!:!.. 00,,- From tI,e centerline intersectioll o( Winter SnrinQS Iioulevorcl ,IIHI Nor::herr. WilY, as sho""n On the plat of Willt<<r S~lrings Unit 4, reCorded in Plat 'Ooor. 1,8, I'''9ps 1'.. 7 and 8. F-ublic r~ecords of Seminole County, rlorida; run ~.OJ"J6'55"W. along the centerline of Northern Wilv 175.78 feet; tllence N.06'2J'OS"c. 40.00 feet to a POint em the Ca"t ri9I1t-o(-vay line of Non:hern W"'y, -"'aid pOlnt bein') the point of CUrV<!lture of il curve: Concave I.:astc:rly alld ha,'illo a rildius ol lU9L5::' leet; rUll thence Northerl\" alon9 said riaht-o(_...",v Ilne clocl alono the arc o[ s<:irl Curve 30~.34 100' "",0000. · 00'" u 1 ',,010 ot "., 1 . ,,' '0 ",. poi", 01 b"9i"" i "" """"' OM" "0' NO,,",,,, i.l<':llc.: the arc o[ :laid curve 453.33 (eet throu9t', a central allqle of 13"';3'01"; thenCE: rUn 5.70" J?'lO"E. ISl.e1 teet; thence N.26"12'2i"E:. 203.35 feet to the SOUI:.t'. line o[ u 110 fOOt \lidl: I'lorid.. Po....er ilnc1 Light Comp","y F.asclnent; t.hcnce N.~<"OS'37"W. il10n<: said SOuth line 16k.00 roo, <0 "ic E.>< ",h"or,".y lino 01 Nonh"" W'n """"' N'''''''55'C. .100' ..id C"" "9'a, of-\J"y J i.ne 126.7< Ieel:. to the pOlnt of curvature o[ a r.urve COncave SOutheasterlv ilne lI':'vino il codi 0, ot no. 00 t '0', '0" ,"o"c, Nnn"", '" J Y '10", ",' ..0 01 '" d co,o, 00." 100' ""0~9h .1 central Dn91e of 60"12'23" to the noint of reverse curvature o( 0 CllrVA, cO"Cilve NClrChwesterl). i.nd h.:1V1lIg 0 ruuius of 296.47 feet; rUn thence NOrtheasterly 177.65 ft:et. ulon9 the arc o( suid curve tll1"Ou~l: cl centrill angle of 34"06'09" to the Srouth line of laC feot \Jicie Florida Pc.....er C:or!'oration Casemenl:.; thence S.DS"lO'12"C. olllon') soJid ~outh line 90".7j [ee:.; thence: 5.27"<S' O~-I.:. 17'),07 (ce.t., t.o t/'le Northerly ri9ht-of-..ia). line of Winter S?ri/19s Doulevnrc. silid ri9ht- o(-..'a)' line being On ,) Curve Concnve SOul:.heasterly and having" rAd!us of 1215.10 Ieet; t.henc(: ('.0.. , """.n, bO"ino or <. "'J<' SS',. ,"" 'oo"'"O""ly 0'0"0 ,," d9h,'or."., ]ihO "'d .Jo". "" ".C 0 r '" d cn,.. 'J1. 53 Ie., ""O",h . .en "'1 '''9 J" 01 J <'... ,,' '0 <ho poi 0., of ""o""n thence S.27"2U'2G.W. 261.56 feet to the point of curvature of a Curve Concave North\Jcst.erly and h.Jving a radius of 10eS.92 feet; run t.hence SOut.hves:.crl~' illonu I:.he iJCC of silici curve 960, "9 feet.; thence N.I0022'19-h'. 50.00 feet. to the beginnlll9 o[ a cur-ve Concove tlorthvC!sterly und h'.in. , "dio, o. JOJS.', f..o, ,,,."co t,~ . ""'0'" b..,i". of N."'J"",!. 'on 00"",.".'1, alollo t.he arc of said Curve 170.76 fee:. throuah a centr",l allole o~ 0?026'<~"; thence N.l!"o<U' ,,'w: >15. Jo t eo" ,h.hCO N.'" J2 . J 1 '''. ,,,.,; f,,, '0 ",e I'oi". Of b09 i"", ".. co"" in ino "''''i n 32.9S79! aC:-es. (Page 4 0:;: 15) :;:::c'.'\ ;:'!.GE '": ') - -; L L ( I r: b. Q !' ...J ;; LJ ; DESCRIPTION: ~~.~i;~'iCL[ co. fL. That part of the MAP OF THE PHILLIP R. YOUNGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County and that pan of Sections 5 and 8, Township 21 South, Range 31 East, Seminole County, Florida, being described as follows: Begin at the Northeast comer of said Section 8, Township 21 South, Range 31 East, Seminole County, Rorida, thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8, for a distance of 205.56 feet to the Point of Intersection of the Northerly Right-of- Vlay line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' RIW) with the Easterly Right-of-Way line of the Black Hammock Branch of Seaboard Coast line Railroad, said Point of Intersection being a point on a curve concave Northeasterly having a radius of 799.85 feet and a chord bearing of N 49002'35" W; thence run Northwesterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 08011 '08" for a distance of 114.27 feet to a point on a curve concave Northeasterly having a radius of 651.23 feet and a chord bearing of N 20036'17" W; thence run along the arc of said curve and said Easterly Right-of- Vlay line through a central angle of 54035'00" for a distance of 620.40 feet: thence ~ ~ , run N 06021 '38" E along said Easterly Right-of-Way line for a 1540.55 feet; thence leaving said Easterly Right-of-Way line run S 89032'22" E along the South Right-of-Way line of State Road No. 434 (60' R/Vl) for a distance of 131.05 feet; thence run S 00011'57" W along the East line of the Southeast 1/4 of Section 5, Township 21 South, Range 31 East for a distance of 1958.31 feet to the POlNT OF BEGll\1NlNG. TOGE1HER WIlli: Commence at the Northeast comer of Section 8, Township 21 South, Range 31 East, Seminole County, Rorida, thence.run S 00024'55" E along the East line" of the Northeast 114 of said ,Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (lOO' R/W); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66056'09" W; thence run Northwesterly along the . arc of said Curve and said Northerly Right-of-Way line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; (Page 5 of 15) cJ0~ 2~G~ thence run N 79018'14" W along said NOnherly Right-of-\Va} k~ ~or a 0 4 8 5 distance of 691.26 feet to the point of curvature of a Curve conc3~.',WiCL.:: co. FL. Southwesterly having a radius of 2612.09 feet; thence run Nonhwesterly along the arc of said Curve and said Northerly Right-of- \Vay line through a central angle of 11046'38" for a distance of 536.92 feet t6 the point of tangency; thence run S 88055'08" W along said Northerly 'Right-of-Way line for a distance of 96.48 feet to the Easterly Right-of- \Vayline of Proposed Vista willa Drive and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44053 '28" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way line through a central angle of 69000'18" for a distance of 554.01 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 790.00 feet and a chord bearing of N 44050'50" E; thence run Northeasterly along the arc of said Curve and said Easterly Right-of-Way line through a central angle of 69005'33" for a distance of 952.65 feet to the POINT OF BEGJ1\TNmG: thence COntinue Northerly along said Easterly Right-of-Way line and said Curve having a radius of 790.00 feet and a chord bearing of N 05022'51" E through a central angle of 09050'25" for a distance of 135.68 feet to a point of non- tangency; thence run N 06010'16" E along said Easterly Right-of-Viay line for a distance of 100.50 feet; thence run N 00027'38" E along said Easterly Right-of-\Vay line for a distance of 214.99 feet to the point of curvature of a Curve concave Southeasterly having a radius of 25.00 feet; thence run ' Northeasterly along the arc of said curve through a central angle of 90000'00" for a distance of 39.27 feet; thence run S 89c32'22" E along a line that is 25.00 feet South of and parallel with the South Right-of- Vial' line of State Road 434 for a distance of 404.53 feet; thence run N 00027'38" E for a distance of 25.00 feet to said South Right-of-Way li11e; thence run S 89032'22" E along said South Right-of- \Vay line for a distance of 639.86 feet to the West Right-of-Way line of the Black HanlI110ck Branch of the Seaboard Coast Line Railroad; thence run S 06021'38" W along said West Right-of-Way line for a distance of 502.66 feet; thence leaving said 'West Right-of- \Vay line run N 89032'22" W for a distance of 1039.34 feet to the POlNT OF BEGINl'HNG. TOGETHER MTH: Commence at the Northeast corner of Section 8, Township 21 South, Range 31 East, Seminole COUnty, Florida, thence run S 00024'55" E along the East line of the 'Northeast 1/4 of said Section 8 for a dista.llce of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard. Coast Line Railroad (lOO' R/W); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a (Page 6 of 15) I \ pOLilt 0;1 2 curve concave SOuthwesterly ha\'in~.3 radius of ] 9.59.]9 feet 2...:"ld 2. chord bearing of N 66056'09" \V: th~nce ru~ Nonhweslerly along the 2.rc of said curve and said Nonherly Right-of-\Vay line lh.rough 2. cemral angle of 2~044'lO" for.3 distance of 845.83 feel to the point of tZ.!'"1gency: thence run N 79018'14" ~l along said Northerly Right-of- \Va)' line for a distance of 691.26 feet to the point of curvarure of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Norrhwesterly along the arc o[ said curve and said Norrherly Right-of- \Vay 1i..ile through a central angle of 11046'38" [or a distance of 536.92 feet to the point of tangency; thence run S 88055'08" \\1 along said Northerly Right-of- \Vay line for a distance of 178.11 to the Westerly Right-of- \Vay line of Proposed YisLawilla Drive; thence run N 10023'19" E along said Westerly Right-of- \Vay line for a distance of 16.23 feet to the point of CUT\'ature of a Curve concave Soumeasterlv havin~ a radius of 540.00 feet: thence run ~ - . 2.10n~ the arc of said curve and said Westerlv Ri~ht-of-\Vav line throu~h a - * - .... - central angle of 69000' 18" for a distance of 650.36 feet to the point of reverse cun'arure of a curve concave Northwesterly havL."1g 2 radius of 710.00 feet and 2. chord bearing of N 71054 '55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of- ~'ay line through a central angle of 14057'22" for a distance of 185.33 feet to the POWT OF BEG~TNLNG; L"rJence leaving sajd Weste:dy Right-of- \Vay line run N 30022'39" '0,7 clang a non-radial line for a distance of 356.04 '::,:,t:> . ......,:,,:, "1 80C-?.....O.. "j -= - w. -= ')')~O 00':: "'T'o OW t:> Do ~ .; J ~_t, UL....nc~ run 1" .- ~-;).- Y) j oJ 2. OlSt211ce 01 ....._~. le~L; Lt'J~nc~ J un ' N 00"07'21" E for a distance of 100.00 feet; mence run N 47003'59" E for a distance of 292.95 fee~; thence run N 00007'21" E for a dis~ance of 400.00 feet to the South Right-ai-Way line of State Road No. 434 (60' RJVV); ulence TlLTl S 89052'39" E along said South Right-of- \Vay line for a disL.ance of 1580.00 feet; thence run S 89032'22" E along said SOUL'1 Righi:- of- ""\Vay line for a dist2.nce or 611.08 feet; thence leavin,g said South Right- of-\Vav line runS 00027'38" W for a distance of 25.00 feet; thence run ~ S 89032'22" E alon~ 2 line 25.00 feet South of and par2.l1el with said SouLl} Right-aI-Way line for a distance of 395.00 feet to the point of CUrV2.IDre of 2. curve concave Soutbwesreriy having a radius of 25.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 90000'00" for a dista.lJce of 39.27 feet; thence run S 00027'38" W along the Westerly Right-of-Way line of Proposed Yistawilla Drive for a distance of 214.99 feet; thence run S 05015'00" E along said Westerly Right-of- Way line for a distance of 100.50 feet to a point on a curve concave Northwesterly having 2 radius of 710.00 feet and a chord bea..rL..,g of S 32026'56" W; thence run Soumwesterly along the arc of said cun~eand said Rignt-of- Vlay line through a central angle o'f 63058'36" for a distance of 792.79 feet to me POINT OF BEGI1\TNING. ' . Togeuler COn[2inLT"lg 2 tor2.1 of 66.968 acres marc or less C,;Jd D::~:g subjeCt ro 2.ny righrs-of-\:"..cy, reSi:;lc;:ions 2.;'"1d e2selile:-us of re::ord. (?2ge 7 0:: 15) ['~ I'...) <." fT~ ~ .-- -- ~ ~ r r-l . , :=> CJ -'" ..:::- I c::::> """'""" DESCRfPTION: , ' That part of the i\1AP OF THE PHli.LIP R~ YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole Count)' ar.d that pan of Section 5, Township 21 South, R~"1ge 31 East, Seminole COUnty, Florida, being described as follows: Commence at the Nonheast comer of Section 8, Township 21 South, Range 31 East, Seminole Coumy, Florida, thence run S 00024 '55" E alon2: the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-\Vay line of the Lak~ Charm Branch of the Seaboard Coast Line Railroad (lOO' RJ\V); thence run N 54034'57" W along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearin2: of N 66056'09" W; thence run Nonhwesterly alon2: the arc of said cu~e and said Northerly Right-of-\Vay line through a c~mral angle of 24044'10" for a distance or 845.83 feet to the point of tangency; thence run N 79018'14" W along said Northerly Right-of- \Vay line for a distance of 162.82 feet to the POINT OF BEGINNING; thence continue N 79018'14" W along said Northerly Right-of-Way line for a distance of 528.44 feet to the point of curvature of a curve concave Southwesterly havLT1g a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of- 'Nay line through a cemral angle of 11046'38" for a distance of 536.92 feet to the pOUlt of tangency; thence run S 88055'08" \lv' along said Northerly Right-of-Way line for a dista.ilce of 96.48 feet to the Easterly Right-of-Way line of Proposed Vistawilla Drive and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44053'28"E; thence run Northeasterly along u1e arc of said curve and said Easterly Right-of-Way line through a central angle of 69000'18" for a distance of 554.01 feet to the point of reverse curvature of a curve" concave Northwesterly havi.Llg a radius of 790.00 feet a..T1d a chord" bearing of N 44050'50" E; thenc"e run Northeasterly along the arc of said curve and said Easterly Right-of- '"\lay line through a central angle of 69005'33" for a distance of 952.65 to a point of non-tangency; thence leaving said Easterly Right-of-'Way line run S 89032'22" E along a " non-radial line for a distance of 1039.34 feet to the Westerly Right-of-Vlay line of the Black Hammock Branch of the Seaboard Coastline Railroad; Ll)ence run S 06021 '38" W along said Westerly Right-of- \^lay line for a distance of 525.90 feet to the point of curvature of a curve concave \Vesterly having a radius of 552.67 feet and a choro bearing of S 12032'48" \V; thence run Southwesterly along the art of said curve and said Westerly Right-of-Way line through a central angle of 12022'20" for a distance of 119.34 feet to a point on a curve concave Northwesterly ("?c.?e 8 0: 15) f'...: tn l"-...; n"1 - ~ - c-:: r- .". n c; ~ ---.. -'1 - r- . c:::J -.' 'havin2 a radius of 656.13 feer and a chord bearing of S 51 c 12'30" \V; thence run Southwesterly along the arc of said curve and said Westerly Righr-of- Way line through a central angle of 77002'04" for a distance of 882.17 feet to a point on a curve concave Northerly havm2: a radius of 799,.85 feet J.nd a chord bearing of N 85021'14" W; thenc~ run Northwesterly along the arc of said curve and said \Vesterly Righr-of- \Vay line and along the arc of said curve through a central angle of 12005'59" for a distance of 168.91 feet to the Point of Intersection of said Westerly Right-of- \Vay line with the Northerly Right-of- \Vay line of said Lake Charm Branch of the Seaboard Coastline Railroad Right-of-Way and the POINT OF BEGINNING. TOGETIIER MrrI: Commence at the Northeast Comer of Section 8, Township 21 South, Range 31 East, Seminole County, Florida; thence run S 00024'55" E alon2 the East line of the Northeast 1/4 of said Section 8 for a distance of 20.5:56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (loa' R/W); thence run N 54034'57" \V along said Northerly Right-of-Way line for a distance of 293.14 feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66056'09" W; thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way line tl1..rough a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; Li-}ence run N 79018'14" W along said Northerly Righr-of- Viay line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of- \Vay line through a central angle of 11046'38" for a distance of 536.92 feet to the poiD.t of tangency; thence run S 88055'08" W along said Northerly Right-of-Way line for a distance of 178.11 feet to the Westerly Right-of-Way line of Proposed ViStawilla Drive and the POINT OF BEGlNNrnG; thence run N 10023'19" E along said Westerly Right-of-Way line for a distance of 16.23 feet to the point of'curvature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along the arc of said Curve and said Westerly Right-of-Way line through a central angle of 69000'18" for a distance of 650.36 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 14057'22" for,a distance of 185.33 feet; thence leaving said Westerly Right- of-Way line run N 30022'39" W along a non-radial. line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 3675 feet more (Page 9 of 15) C"---..) Ul l'v ~, C. nl '-I <::'> :--:: ;::.. ~ '-I F::. nr c; C:;:. C::> ""r) ~ r- ~1. C::> l- ; C') C;::> , \ or less to Lhe cemerline of Howell Creek; lienee run Southerly 2.10ng the centerline of Howell Creek for a distance of l050 feel more or less to the Nonherly Right-of- 'Nay line of Lake Charm Branch of the Seab02.rd Coastline Railroad; thence run N 88055'08" E alon~ said Ri2:ht-of-Wav line for a disrar.ce of 3153 fee[ more or less to the POINT OF -' BEGINNING. Together containing a total of 104.0 acres more or less and being subject to any right-of-way, restrictions and easements of record. (?2ge 10 of 15) ,""'" C/l ~ ...,., ~ ~ ~ q r- n, --. a C) ~ ..:::- r- -.:-0 ~r-; ---. - ..-.--_ __. :r.r..__~_ _ ., DESCRIPT10N: That pan of the J\.1AP OF THE PHn...LIP R. YONGE GRANT, as recorded in Plat Book 1, Pa2:es 35 throu~h 38 of the Public Records of Semino"le Counrv, Florida. b~in2: describ~d as follows: -. . . '-' Commence at the Southeast corner of Section 8, Tov.rr1ship 21 South, Range 31 East, Seminole County, Florida, thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' RIW); thence run N 54034'57" W along said Northerly Right-of-\Vay line for a distance of 293.14 feet to a point on a CUI\'e concave Southwesterly having a radius of 1959.19 feet and a chord bearin2: of N 66056'09" \V; thence run Northwesterlv alan!:!: the '-' . '-' arc of said curve and said Northerly Right-of-Way line through a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; thence run N 79018'1.4" Vl along said Northerly Right-of-Way line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of-\Vay line through a central angle of 11046'38" for a distance of 536.Y2 feet to the point of tan2:encv; thence run S 88055'08" W alon!:!: said Northerlv Ri2:ht-of- Vlav - ., -... - ", line for a distance of 178.11 feet to the Westerly Right-of-\V2Y line of Vista willa Drive; thence run N 10023'19" E along said \-Vested)' Right-of- Way line for a distance of 16.23 feet to the point of CUI\'ature of a curve concave Southeasterly having a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly Right-of-\Vay line through a central angle of 69000'18" for a dis~ce of 650.36 feet to the point of reverse CUI\'ature of a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of N 71054'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 14057'22" for a distance of 185.33 feet; thence leaving said Westerly Right-of-Way line run N 30022'39" W along a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 2250.00 feet to the POINT OF BEGINNlNG; thence run N 00007'21" E for a distance of 100.00 feet; thence run N 47003'59" E for a distance of 292.95 feet; thence run N 00007'21" E for a distance of 190.00 feet; thence run N 89052'39" W for a distance of 311.14 feet; thence run N 00007'21" E for a distance of 210.00 feet to the South Right- of- Way line of State Road No. 434 (60' RAY); thence run N 89052'39" \V along said South Right-of-Way line for a distance of 522.20 feet; thence run S 89032'14" W along said South Right-of-Way line for a distance of 850 feet more or less to the cemerlinc of with Howell Creek; thence run (?age 11 0:: 15) f"'...) l"V CJ en C> r'Tl ~ o~ ~ ::x_ ~ - (-' r:.. " r- ~-: r:- ., 0 ,;::) '. "'T, ."CI .{::- " .- r- ."C- :.- en ~ ::::> ' ., Sout!.Jerlv along the centerline of Howell Creek for a distance of 950 feet I1lor~ or iess to a point in said centerline of Howell Creek lyi..l1g N 89052'39" W a distance of 1425 feet more or less from the POL'\JT OF BEGINl'HNG; thence run S 89052'39" E for a distance of 1425 feet more or less to the POINT OF BEGINNING. ~ Containing 25.2 acres more or less and being subject to any right-of-way, resuicrions and easements of record. !?aoe 1 2 0;: 1 ~ l ~ I".y c=J VI 0 ~~ -1 CJ ::><: -...; ~ n r- ~ r: CJ C) ..." .;::- -0 r- ~ co ~ ,-, o' --.sc;....-::.:.,; ?hRC::::' 15/?ARC::::' .; DESCRIPTION: That pan of the i\1AP OF THE PHli.LIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole Counry, Florida, being described as follows: - Commence at the Southeast corner of Section 8, Township 21 South, Range ~ 31 East, Seminole County, Florida, thence run S 00024 '55" E along the (f) I'-.) East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet ~ :::; to the Northerly Right-of-\\'ay line of the Lake Charm Branch of the ;2 Seaboard Coast Line Railroad (100' R.!\V); thence run N 54.:'34'57" W ;=: along said Northerly Right-of-Way line for a distance of 293.14 feet to a ~;,: point on a curve concave Southwesterly having a radius of 1959.19 feet and:- C_r:l a chord bearing of N 66056'09" W; thence run Northwesterly along the "-_.) arc of said curve and said Northerly Right-of-Way line thi-ough a central angle of 24044'10" for a distance of 845.83 feet to the point of tangency; thence run N 79018'14" W along said Northerly Right-of-\Vay line for a dist.a.l!ce of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of- \Vay line through a central angle of 11 046'38" for a distance of 536.92 feet to t.he point of tangency; thence run S 88055'08" W along said Northerly Right-of-\Vay line for a distance of 178.11 feet t.o the Westerly Right-of- '\\lay line of Proposed Vist.awilla Drive; thence run N 10023'19" E along said Westerly Right-of-Vlay line for a dist.ance of 16.23 feet to the point of curvature of a Curve concave Southeasterly having a radius of 540.00 feet; t.1-)ence run Northeasterly along the arc of said curve and said Westerly Right-of- '\flay line throu!2:h a central an2:1e of 69000'18" for a distance of 650.36 feet to o ~ ~ the point of reverse curvature of a curve concave Northwesterly havL..,g a radius of 710.00 feet and a chord bearing of N 71054 '55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central angle of 14057'22" for a distance of 185.33 feet; thence leaving said Westerly Right-of-Way line run N 30022'39" Walong a non-radial line for a distance of 356.04 feet; thence run N 89052'39" W for a distance of 2250.00 feet; thence run N 00007'21 II E for a distance of 100.00 feet; thence run N 47003'59" E for a distance of 292.95 feet; thence run N 00007'21" E for a distance of 190.00 feet to the POJNT OF BEGIl\TNING; thence continue N 00007'21" E for a distance of 210.00 feet; thence run N 89052'39" W along the South Right-of-\^/ay line of State Road 434 (60' R/W) for a distance of 311.14 feet; thence run S 00007:21" W for a distance of 21 O.dO feet; thence run S 89052'39" E for a distance of 311.14 feet to lhe POINT OF BEGIN~rrNG. en <::) ~~~ c- .- ~~;:: C~ no, Con12.ining 1.500 acres more or less 2nd being subject to any ri2;hLS-of- way, resLnCLions and easements of re:orc. (?age l3 of 15) D-=scRlPT1ON' : ?l._Z - 5 l5 an:::: 80 (Crnbined) AU th.a.c pa..n: 0( the ~ of the P'h.illip .R. Y OQ~ Grant u rc::corded in Pl~c Boot: 1, ~ 35 thrO\Jgh 3.8 of the Public Records of S-cminok County. Flori..cb &:ad 3. portion of the Sou thca...tl. 1 /4 0(. See rio n 5 an d :t portion of the Nonheuc 1/4. of' Section !, TOwn1hip. 21 South, Range 31 Eut, Seminole County', Flondt, lying South of S.R. ~}4, (old S.R. 419r. North of the LU:e 'O:u.rm ,Br.tncb of [he Sea~d C~~f Li..nc Railroad and ~( of GARDENA FARMS, TOWN SITES ~ recorocd in Plat Boot 6. nge 39 of the Public Records of Seminole County.. Florida., Ic:~ Right-- Ot - Way tor' B lock. Hammock Branch of th~ S.C.L. Railroad. All togefher containing 278.322 acres more or less. (?age 14 of 15) . '"' t'V I~' If> Cl rll -.J Q ~ ~~ ;::x.: - -.J -. f.~ . - '" ":"r.: n " e:: <:::) ~"' 'r' "Tl ..J:::- v '-' r- ~.- :.0. r..o C) ::.'..) r:l l.P_T-CE JESSL.iP ?RQp::::RTY DE5 ce./ PTI ON c.......} f'....) GJ (./'I <=> r"T1 -I c, :.c 7: -.......; - '-::1 r-' " n :- .. C' c::::> r ,. ...., ..."':- " r- OJ :..: (0 ". - .:::- r", Lo!~ I ~!nd :. Block A, D.R. \IITCI.IELL'S seRVE'y' Or- Tl IE LEVY GRA~T :Iccordin~ 10 lhe rial rcc.ordcd in PI:\! Book 1, P:l~C 5. ()f the Puhlic Records o r s ~ n ~ i no! ~ Co u n I\', r lor i (1:1 . Con::lining 20.7 :Icres more or less. (?age 15 of 15) " 1. The a. b. c. d. e. f. g. h. 1. . j . k. 1. m. n. o. p. q. r. s. t. u. v. w. x. y. z. aa. ab. ac. ad. ae. af. C/BJM 6786062PCU 07/30/90.1 EXHIBIT "B" PERMITTED COMMERCIAL USES following uses are permitted in the Tuscawilla PUD: Administrative public buildings; Advertising agencies; Alcoholic beverage sales (package); Alcoholic beverage, on-premises consumption, provided food is also served; Alterations and tailoring, shops and services; Antique and gift shop; Appliances, sales and service; Artists' studios; Attorneys; Automotive accessories sales; Bakery, retail; Bathroom accessories; Bicycles, sales and service; Bookstores, stationery, newsstands; Bookkeepers; Bowling alleys, provided either (i) no building may be looated nearer than two hundred fifty (250) feet to any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential property within the Tuscawilla PUD; Butcher shop, retail only; Carpets, rugs and linoleum; Car wash, automated and enclosed, similar to Shiners and those associated with gasoline service stations; Churches; Cleaners; Coin dealers; Computers, hardware and software sales and service; Confectionary and ice cream stores; Convenience stores and markets, including those which sell gasoline, provided gasoline pumps shall not be located within two hundred fifty (250) feet of any residential proPerty line; Dance and music studios; Day nurseries, kindergartens and day care; Drug and sundry stores; Employment agencies; Financial institutions, banks, savings and loan; Florist and gift shops; Full and self service gas stations (major oil companies), including those providing mechanical repair service, car washes and convenience stores, provided these are located adjacent to State Road 434 and no gasoline tanks are located within two hundred fifty (250) feet of any residential property line; 1 ........ ~ 1'-.) ~ r:': c -"'J <::: ~ ~ a ...,'::- -:J C.:::> :"'..... r.~ !".f't "1; (n [-:1 o r- r>1 -,., r- aYe az. ba. bb. be. bd. be. bf. bg. bh. bi. bj. bk. bI. bm. bn. C/BJM 6786062PCU 07/30/90.1 ago ah. ai. aJ. ak. aL am. Furniture, retail; Grocers, retail; those whose business inClude and are limited to the retail sale of groceries including produce, meats and household goods, but shall not include the sale of gasoline; Hardware stores; Health food; Hobby and craft shops; Hospitals and nursing homes; Ice, retail, when associated with another permitted use: Insurance; Interior decorating and draperies: Jewelry stores: Libraries: Loan companies; Locksmiths; Luggage shops; Medical clinics and laboratories; Outdoor advertising signs sales offices; Paint store; Parking garages when associated with another permitted use: Pets shops and grooming; Photographic studios; Physical fitness and health clubs: Post office; Private clubs and lodges; Quick printers; Radio and TV broadcasting studios, excluding towers; Radio, TV, video and stereo sales and service: Rental shops; Regulated prOfessions, offices and professions licensed and regulated by the department of professional regulation pursuant to F.S. Ch. 455 and F.S. ~20.80, as now existing or as hereafter amended; Restaurants; Schools, public, private and parochial, service vocational schools (such as cosmetology, medical and dental "assistant's training) requiring no mechanical equipment; " Shoe repair shops; Skating rinks, provided either (i) no building may be located nearer than two hundred fifty (250) feet from any residential property line or (ii) the proposed developer shall provide reasonable evidence that noise emanating from inside such building cannot be heard from residential prope~ty within the Tuscawilla PUD: Sporting goods, retail, such as Sports Unlimited, Sports Authority, ashman's, Robby's and specialty sporting goods stores; Swimming pools: sales, service and supplies and .......-....) r-v c-. a -I ~ -.....J c::> ..;::- -c CO l.- c:; 1":/ ~ an. ao. ape aq. are as. at. au. av. aWe ax. (F) rTl :r. CJ r- Pl ~ <....:: -, r- 2 I, boo bp. bq. br. bs. bt. bu. bv. bw. bx. by. bz. ca. cb. cc. cd. ce. cf. cg. ch. Cl. cj. ck. cl. cm. cn. co. cpo cg. cr. C/BJM 6786062PCU 07/30/90.1 contractors associated therewith; Taxidermists; Telephone business office'and exchanges; Theaters, not drive-ins; Title companies; Tobacco shops; Toy stores; Travel agencies; Wearing apparel stores; Hairstylist, barber shops, beauty shops; Musical instruments, sales and service; Record stores, music stores; Optical services and sales; ~ Camera shops, Photographic stores, Photo developers; Party supplies and services; Doctors, Dentists; Department stores and clothing stores, such as Burdines, Iveys, Jordan Marsh, Ross, Marshalls, K-Mart, Wal-Mart, Target, Service Merchandise; Fast food restaurants, including drive-through services; Specialty groceries and foods, such as Petty'S, Barney's, delicatessens; Office buildings and office parks, general; New car dealerships and Customary associated services; Tire stores and services customarily associated therewith, such as Firestone, Goodyear, Allied Discount Tires, Sears, K-Mart; Automotive services, specialized such as oil change and tune up centers; Boat sales and services (new), including customarily associated services; Retail sales: Building and Plumbing supplies, including those associated with hardware stores, such as TrU-Value, Ace, Scotty's, Handy Dan's, BUilders Square, Home Depot, etc.; Cabinet sales, retail; Cold storage and frozen food lockers when used In conjunction with a primary use such as grocery, restaurant and similar uses; Manufacturing and assembly of scientific and optical precision instruments; New recreational vehicle dealerships and customarily associated services uses; Roofing, retail sales, when associated with another permitted use; Mini-Warehouses and storage; ,........) ~ ~ ~ [T: CJ C'I ;~ (n rT) -J- <:-) r- n :;:, c:.::> ..,":::- 'J ~~.... c:' n. '.::.0 ~.: 3 cs. It J' ct. cu. cv. Pest control and exterminating services, offices, no chemical storage; Nursery products and supplies, plants, trees and associated uses, including stores such as Frank's Nursery, White Rose, etc.,.not including manufacturing and wholesale distribution of bulk materials; Home improvement stores such as Scotty's, Builder's Square, Home Depot; and Video stores, sales and rentals. 2. The parties agree that intended uses hereunder include those normally associated with retail commercial areas and shopping centers. It is the intent of the parties that this list is not all inclusive of permitted Commercial uses, provided that additional Commercial uses shall be subject to the approval of the City Commission. The uses hereunder may be free-standing or part of an attached shopping center. C/BJM 6786062PCU 07/30/90.1 ~~ ""-.) (::1 t,., C:J f'T1 -1 c:: :x ~ ~:7:' . . n a ....-. '.-' -., -r:=- 1.... : <:0 c> :::::- r" 4 --~'~~ ----. ~- ~ ---=-..:.~---- . - \. 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",. , " , I I , ", ,I . t J!J hJdri!:ildilliJl!J!Ji/!J!liIlHi! 1, LARGE FLOWERING SHRUBS LL-tOB L1gustrum rueldum L1gustrum Tree B'x6'; 3' C.M.T.; 1-314' Cal; 3-4 Malor Trunks; Matched 4 Shrub., Ground Cover, " Sod JP Juniperus parsonii 3 Gal.; 1S'x1B'; 24' O.C. 550 Dwarf Juniper Full LL ligustrum lueldum 3 Gal.; 30'x24" 36" O.C. 650 Japanese Privet LM-E Lirlope muscari 'Evergreen Giant' 1 Gal.; 9 P.P,P.; 1B' O.C. 650 Evergreen Giant Full RI-W Raphlolepls Indica 'Alba' 3 Gal.; 1S"x1 e'; 24"O.C. 200 White India Hawthorn Full TJ-A Trachelospennum aslatlcum 1 Gal.; Full 12' O.C. 200 Texas Longleaf Asian Jasmine VO Viburnum odoratlsslmurn 3 Gal.; 30'x24" 36"O.C. 260 Sweet Viburnum VS Viburnum suspensum 3 Gal.; 30"x24" 36" O.C. 400 Sandankwa Vibumum NP-S Nerlum oleander 'Petite' 3 Gal.; 30'x24" 36" O.C. 95 Salmon Oleander Plant List PROJECT SIGN AGE (typ.) DE~CORATIVE AIJUMINUM FENCE/ STUCCO COLUMNS III en o . ...... -.:t- ,) U 0 . Q) -.:t- ' - \II ~ I ..c N . U N.1 IJ ~ -.:t- J <t: I _ ........... C Q) ,....... .l. O-O,j O-.:t- U ..........'J - en ., U -0 ~ 'j C o <( 0 .....J ex) 0 N . n .: - o .: en '"Cl t III ~ 'C " Q) 0 - C u... c III 0 0:...... 0.. '"Cl 'Jl g )1 C 0 \:: .- ...... 0 C Q) E ~ C Q) '. ) C :::l - .. 0 c - ~ Q) .> > - <: 6 c ,. w >-.r ~ :g .) OiX Q) c 0 >- 0 II U ...c:l OJ ~ OJ ::J L.O I BLACK VINYL COATED CHAIN LINK FENCE (typ.) , (WITH FLOWERING VINES PLANTED THREE ....Kln u" ~J!;NTER) Symbol utln and Common Name. Size Qty. POWER POLE l,OCATION (typ") (POSSIBLY REMOVED IN THE FUTURE) PROPOSED 5' SIDF\VA' ,K Trees & Palms I NS-65 lIex 'Neme Stevens' Nellie Stevens Holly 65 Gal.; 10'XS'; 3" Cat.; Full to Pot PO-30 Platanus occldentalis 12'xS'; 2-112" Cal.; 15 Sycamore Unlfonn, Matched; Nursery Grown 40 05-65 Quercus shurnardii 65 Gal.; 12'XS'; Shumard Oak 3-1/2' Cal.; 5' C.T. OV-65 Quercus vlrginlana 65 Gal.; 12'xS'; 3 Live Oak 3' Cat.; 4' C.S.T.; Matched 15 UP.OS Ulmus paTVifolia B'xS'; 2' Cat.; Drake Elm 4'C.S.T. 10 11 12 SMALL TO MEDIUM SIZED TREES (ELM, LIGUSTRUM, REnBUD) CRAPE MYRTLE DECORATIVE ALUMINUM FENCE WITH STUCCO COLUMNS LS-10 Liquldambar styraclfJua Sweetgum 'Palo Alto' 30 Gal.; 10'XS'; 2-1/2' Cal.; 4' C.S.T. 170 MG-65 Magnolia grandlflora Southern Magnolia 65 Gal.; 12'x6'; 2-1/2' Cal.; 4' C.T.; Matched; Uniform; Full 50 INTERIOR TREES: LIVE OAK/ SYCAMORE SHADE TREES CCR-10 Cerds canadensis Redbud 10'XS'; Full LL-t10 Ligustrum lueldum L1gustrum Tree 10'xS'; 4' C.M.T.; 3-4 Major Trunks; Speelmen -...-..---.--____. --__..0- .______ Ulmus parvlfolla Drake Elm 10'xS'; 2' Cal.; 4'C.S.T. 10 S.R, 434 ---, \ '. , ;..40 f"t:...;: '. ..... ~ .. '.~'.o . '~'" . ---- / " en t- O en z - W a: fI,) <:J > a. z c( en a: D. a:: > en IX t- w w Z ... Z z t- ~ 0 a: 0 :) 0 0 .. ---- -.......- -..-., .. -..-- -. -..- .---- DATE REVISION DOCUliKNTS REI1.ASDED FOR: DATE: -..--- 1..::..:..:..;---:'-. OWNER REVlEW: ---- . BIDDING PURPOSES ONLY: I Gl/ZLS /98002 /TUS 4PMA5-A JOB NO.: 98002 DATE: 10/27/98 SCALE: 1'= 50'-0' ._-- DRAWN BY: So _.---- DESIGNED BY: KV -- -.-- CHECKED BY: \.. KV ~ .. . _... -"'c"-"- \ -"- ~ \ \ PALM TREE (typ.) \ \ CYPRESS TREE (typ.) F.D.O.T. RETENTION AREA SHRUB MASSING (typ.) FLOWERING VINES PLANTED THREE FEET ON CENTER ~ '- '-,,"-.., '~, " " " ',,- LIVE OAK CANOPY / /. lif'-t s-to. -tion si-te WETLAND AREA we-tlo.nd 15' WMD BUFFER 1<e-r0N110N Ar<eA Llf') A.C.O.E. JURISDICfION LINE SJRWMD JURIDICTION LINE LANDSCAPE BUFFER -- / 8. 9. ACCENT SHRtJ1IS t... SOD . ";2 EARTH BERM/LANDSCAPE BUFFER (ALONG EAST PROPERTY LINE) ONE TREE EVERY 75' CONTINUOUS SHRUBS NOTES: 6' MASONRY WALL s. 6. 7. SIDE AND REAR PROPERTY LINES: ONE (1) CANOPY TREE SHALL BE PLANTED PER 100 LINEAL FEET, ONE CANOPY TREE WILL BE PLANTED PER ISLAND. THE PROJECT BACKFLOW PREVENTOR AND ALL AIC UNITS SHALL BE SCREENED WITH PLANT MATERIAL THE SITE COMP~crOR SHALL BE SCREENED WITH LANDSCAPE MATERIALS AND A MASONRY WALL CONSTRUCTED ON' EACH SIDE" ......... EACH BUILDING ~HALL BE LANDSCAPED WITH FOUNDATION SHRUBS, EVERGREEN GROUNDCOVER, AND SHADE TREES-. AREAS OF THE SiTE THAT ARE NOT LANDSCAPED SHALL BE PLANTED WITH ST, AUGUSTINE SOD. ALL VEHICULAR USE AREAS AND PARKING AREAS SHALL BE SCREENED WITH LANDSCAPE MATERIAL FROM ROAD RIGHTS-OF-WAY" OVER 25% OF THE SITE SHALL BE PLANTED WITH LANDSCAPE MATERIALS. ALL LANDSCAPE MATERIALS SHALL MEET OR EXCEED STANDARDS FOR FLORIDA NO"1 PLANTS, AS SPECIFIED IN THE CURRENT. GRADED AND STANDARDS FOR NURSERY PLANTS, PARTS I AND II PUBLISHED BY THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE CONSUMER SERVICES. IRRIGATION SHALL BE PROVIDED FOR ALL LANDSCAPE AREAS. 12' WAX MYRTLES (typ.) EVERGREEN SHRUBS. LIClJSTIttJM, VIBURNUIM, INDIAN HAWTHOItNE MEDIUM SIZED EVERGREEN TREE LIGtISTRUM, EI.M I. 2. J. ~. GROVNDCOVE:RS JUNIPER, JASMllNE EVERGREEN 51: .\DE TREY;: !.IVE OAI, ~l'CAMO~'. NOTE: THE S.R. 434 FRONTAGE WILL BE PLANTED WILL WITH MEDIUM TO LARGE SIZED TREES TO AVOID A CONFLICT WITH THE OVERHEAD POWER LINES. THE DENSITY OF THE TREES WILL BE WITHIN SUBSTANTIAL ACCORDANCE TO THE VISION COORIDOR PLAN. FOR TREE TYPES TO BE PLANTED, SEE ABOVE TREE LISTING. PROTOTYPICAL BUILDING LANDSCAPE PLAN SHEET NO. 1 iO. N7S. North OF: 1 E! i ct ~ ::s ~ .... ~ cg ~ ) ~ ( "" .~ , ., ~ .0;;;;; ( ~ u I I ,. ~ "" L r "'" ~ - [ ..J ~ ..J ~ O+t ""'l n ~ r ~ ,....----------.., I t:'~ I "tj.... I ! ~ I I · CI l ::s Q,. '. ( , . , . . ,..",,6- 0)1" ~..,.-(\' . , . , ...., -.." ~ ~ . ~ ----, . Jf ~ r c:::J~ ~ ..J tt{J ".,., ~ ..J ~ ~ ..J ~ -.J ..J ""' ~ . . II . 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'of -- n i _-=- ~:-H-_:_~' '--.t \ ~' ~~~-J~~~-::-.-~t-~- ~:~ ~--t- j --1- -l- --i~----- -- -- --- (f[- -s-- ..J. \,;~ ~~~. ~ .~~~ \) . , .\...-- .~ '-'-~ "'--, -~- ---... '~, j_J 7 , " r --.1 _ " 'NT u- J - -" J- - , - ELECTRICAL .......~--- LIGHTING FIXTURE SCHEDULE MARK MFG. Be CAT, , DESCRIPTION LAMPS NO. TYPE 1 400W POLE MH ~TD VOLTS REMARKS SITE SA3 LITHONIA KSF1250MR3RP09 LITHONIA SA4 KSF1250MR3RP09 SA ACCORD INDUSTRIES POLE P5 POLE AND FIXTURE COMBINATION MUST MEET LOCAL WIND LOADING REQUIREMENTS -.----- --------- MOUNT ABOVE SLOG NUMBER. CONNECT TO HOUSE LIGHTING C IRCUI T. -.---.---,-.-----...-.----.-.----.... MOUNT AT 15' AFF SHOEBOX, ASYMMETRICAL SHOEBOX, ASYMMETRICAL 25' DIRECT BURIAL CONCRETE POLE 20' FOR MOUNTING HEIGHT 120 PROVIDE ALL MOUNTING HARDWARE LEGEND ELECTRICAL SCALE: 1" = 50' -0" SITE PLAN 400W MH POLE 120 PROVIDE ALL MOUNTING HARDWARE 1 POLE MOUNTED FIXTURE, TYPE SA3 BUILDING MOUNTED SIGN LIGHT, TYPE S8 WALL PACK. TYPE SO TENNIS COURT LIGHTS, TYPE SE BUILDING MOUNTED FLOODLIGHTS, GRADE MOUNTED, WEATHERPROOF JUNcr!C~ JOX 58 HUB BEL NRG-308-W4 -- 28W PLC 120 WALL PACK 1 ws sc LITHONIA TFL-175M-TA2 LITHONIA TWH-175M 120 FLOOD LIGHT WALL PACK 175W MH 1 ws 120 f'(PE SC - 175W MH -'-__.__...0.-..-.__0,.__ MOUNT AT 15' AFF · so 1 ws SE LITHONIA TFL-400M-RA2-TS 1 400W POLE MH 120 USE 'SA' POLE FLOOD LIGHT - ... - --- - - - .......... _.- - - - - ~...,- :."~'-:"I' -.7 f~-':-"'r" ~..:-'~ . , . :,~ ~_;7.t:; ~,. - \:.-:~. ":_~ ~"'~ ': "," ". ,:- 'to-' . "., ~ " -" . " ,-, . 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':"" ------ I.IJ \ - " 6' BUFFER WALL Storm MH top 3/,74 If'N. 27.68 \ \ /: - - ; -/"; ;./ :;;- \ ./ - ./ ./ ./ ./ ./ ./ ./ ( \ \ \ \ \ \ \ \ \ \ \ \ \ \ '\ '\ '\ . \.-----.---.-- 125J)(Y TRANSFORMER PAD " , ~ V ... , , \ \\ \ \\ ~ \\ \ ~ \ \\..- \\ ~ \ \' - \ \\ \ \\ ~ OPEN CUT '\ \ ~ ROACWAY \ '\ \ ~ \ \\ \ ~ \ ~ \ \\ ~ \ ~ \ \\ \ ~ \ ~ \ ~ ~ \ \\ \ ~ \\\ \ '" \ \\ '" \ ~ \ \" \ \\ \ "" \ \\ ' '\'\ "" ~ " " ~ -c '\ ~ ~ ,r'I ,,~ " ~ .\. ~ '\ ~ ~~" ~ ~ 0'\ ~ '\ ~ ""t.. ,,~ .'\ ~ 'q.;--. ~ ~ +~" ~ " ~ '\ ~ , " ~ "'~ CIl \ ~ ~ to' OUT PNfCEL 2 COMMERCIAL USE IBJ ~. to Storm MH top 34.37 lnv.29.28 If'N.29,/o .. REVISED PER CfT"( OF WINTER SPRINGS DATE RBVISIO N S DESCRIPTION SUBMIT TAt. DATE WINTER SPRINGS DESCRIPTION CITY CIA COUNTY BoWYER&NGLEfON &; ASS.OCIATE8, iNCORPORATED DATE BY BY ~ I I I I I 1 I I- I I I , , I I I I I I I I I t I I I I I I I I I , I I l I I t I I 1': I I , I I I I , I I I I 1 I I I f 01 l ..",D. r~ APPROVAL BID sn LIGHTING PLAN -TUSCANILLA PARCEL /5. TRACT Ie KASH If KARR'f SHOPPING CENTER , AS-BUll T . ............. -. Pu....... . ....v.v.... .. ...V..O.....tAL 520 SOUTH MAGNOLIA AVENUE 'ORLANDO, F'LORIDA 32801 407-843-5120 . F'A~ 407-649-8664 r l:';, _,J :r.~' ..~' ~'" '..~ ., . .. .< . ~ .. ..It ,.j~., ~,' ll'~ . . ~.' , . , '~,' I " ',,:; ., '." ,J .~ " " ',IV " ;>~.~ ~ ;~~/;,:~ sc,.,.,,,..,, . .f .',. .~ .....' " -.:. I " ,~,;. .~{ " 1DE.",.'''ICATIOII SIGN ~. ... . .. ~( ,..~. , ( '1 .: .; ~ - * I.. . .. FLQRIDA', . bATt " '. ,~~ ~. .. . . '1 .1QIOfO CMlOCfO' :. ."-t,;. ""C1 NO.; n.t .... ...,. .. '.i '.. '1 ." ..~ ." ot'~'~' " .,.! . ~'. ';,....; ,Jt'" . G.", , '" ~ ,.,. .... \I) I .... "S .... /' \I) ~ Q \) .... ~ ~ ~ E 0 ....J Cl.. /' Q ~ ~ ~ /' ~ c:: c \I) ~ Q c:: Q) ~ 8 ~ \I) :J .... ~ \I) ~ /' ~ .. .~ ; > " . CIlY OF WINTER SPRINGS, FLORIDA " , i ~' I . t,:".~,~~~.ll!IlL l dJlh.'" ,,,., . . ,;,,,",., ..I.,t7'..,.,,,,->.~, .. .' . . KASH nl KARRY' SHOPPING CENTER OWNER I DEVELOPER : ZIMMER' DEVELOPMENT CO. 111 PRINCESS STREET WILMINGTON, NC. ,28402 (910) 763-4669 ARCHITECT : ARCHITECTURE PLUS INTERNATIONAL 2709 ROCK.Y POINT DRIVE. SUITE 201 TAMPA, FLORIDA 33607 (813) 281-9299 LANDSCAPE ARCHITECT I SURVEYOR / ENGINEER BOWYER-SINGLETON Ie ASSOCIATES, INC. 520 SOUTH MAGNOLIA AVENUE . ORLANDO, FLORIDA .32801 (407) 843-5120 " '. { I'! .~;/' "w.9 ':;",-.1>.-' COURTNEY SPRINCS APARTMENT$; It OWNER I DEVELOPER, i SURVEYOR I ENGINEER : BOWYER-SINGLETON Ie ASSOCIATES. INC. 520 SOUTH MAGNOLIA AVENUE . ORLANDO. FLORtOA 32801 '" (407) 843-5120 ". ) i . \! ,j i~ $ :1 . ';:!: j . ~f_ ~ I, ! ".' . ". ,':r': ':' .',~~' . .. .:,!;~; ,"..:' '/. \"'. , c_I' ~ "":\ .,::~i":, ',i./~ ":-'!'. ".. ",' ','.1 .... ,': :' ' .~ (, ,...,,::~ ". ..' . . .: :"';;.'~;~ . "Ii , . ~~ .~ :'.;',.' ,~: ",- ,~ ~. ' ,i , -1 ," ~ '... ." :':" :1- ~'. " , . , ,'.,. .' ;.-, .' ~'. :~. -. '~. , .,' ~t ,:" ';, "., . . ~,~ " TABLE OF coN"fENTS ....:.; .... , .:." , ~ .<!: " , . DBSO)\:iPTION. ,. , SHEET NO. ( t ' . t, t 1 '!:~ \"'" '.." .', ; , '. \, 1 f' [ f 'f ') (. \~, . ) r ~.' \ ,j "~ . ". '~~ , , ., , w, :,i't t" . . . " I 2 3 4-6 7 8 9 '. , ..''.J' . ' ;, ~ ',' .. . .~~ CCNER SHEET " rN:ERALL SITE PLAN ., ,. " '.~ KASH n' KARRY SITE PLAN" . ~ ,., KASH n'KARRY LANDSCAPE "iilwS..::/,:" COURTNEY SPRINGS APTS.S,tE.;.~L~"".- . " COURTNEY SPRINGS LAND,SCAPr,: P~$ . .. SKETCH OF'SURVEY , . ", ' ~ . , .,j ~ :'. 1 ; ',)-< ... " ~,~~. '" '~, \,~ ,t", .li..,.....,. ,.\" .:..:. ' ~ ,,', ,~, :. ~';... \ , ': ~ ;....\: ;',> ~.~., 1"- , -~ ~"" i ". SERVICE PROVIDERS ELECTRIC, ~ . ~ 1 FLORIDA PCNIER CORPORATION '. ' 2801'NEST STATE ROAlX~26 OV/EtJI).FWfIlIDA 32765 . (1f01) 359:-4457 . . WINTER SPRINGSFIREOEP~TAI~1fl' ~'>,~'i ..... I, ,', ~, " .oj'. .:..' I ;'v' FIRE PROTECTION, . l' ~~ GASt .,., :.,,~,.: . ""'. ". . . ~--' .: '.,,/',' NOT AVAILABLE ,. .~: . CITY OF WINTE:R SPRINGS' UTIUTIE,S. . SEWER & WATER, . ) ,,' ;,:..'" BF/WASTE SERVICES . ,,' . .. . 1099 ~LJ.EIIf/ ()If1Y~ ." .' ALTAMOft(t~ '.sP8'NGS.FtDf1N~.. ~2'''O (4(J7J8~N5~;ri . ~. ",' '. SOUD WASTE, , , 'i " " .'" ,~~:"~ ~LL SOUTH ,t' ,::.{i . . ..-.". ,'.!',~;~ ,.. . .':~ ".' .'1;:.., l'~:' " ~...' ,) TELEPHONE, '.' ".i > :,.:,<; ~'t.~~ ~ . .. '~ .~j.'l ~ : ': ::~'t l ...;/1; ;';"'j;J~;"~ ,. .~, . I , ." ,',;".' .,..'tr, " ",. . ,': '." ~:~ . OCT 1 9 1998 ,. ... ,.. .} .. . ....i< .. ..... ,.~':~.i'!-! :~j{jl;i . .,':'. ," i ; ,.'." ~. :;,:,:..,<,~, 'i':~::",,: :~i,:> " . '".-;' ,./,. ....!.. ';~, ,,:.t.!,. . ..G'f'~" ...... "?~:;..';';'~ ,,~,..I..y <,';. '.'", .~. ..~ IN 00....-\,.._\ ;', /': "k: ."t~~ ............ .'! ......,.. . .........;;:..~,...,-~~~).:~.I\:;.:~.:,., .:: ':,: :'~", :;~~~,j~ 520 S. .OUT~.. WAQNOLtA ~V!NUt I ORL~. ~F~~b...;.. "'>'..)~k.O'f. ".<',~(.:i"!;"" ".'..."':e;\.:f;....... ,...'.'....: .".". . ;.....;l~.~' '..,"~7-843-5120 . "Ax407-$:+9-~:C:>.'... ': e.. '.''f;;,i." :::.;.;.:~,;:~ ~. . '.~'" ,:/ ",.' ',"'. ";~..', .' '.,' i~',:,;. -" . r<:;O;>~J . . . \ ,'..' ' . . c" ',,' : ' ~ .lb~ .. ~ {, \ I /"( t !I.~~,~. ~ .' .', ...' ,.... I' :\.'.,,4 < . ., " \"~'~'r; ..,' , .f~ ~..,..:. ~'t....,.t, of ,,' .'.':'. ~~ '.'- ',,~,.~,:~ '~~~~~L,... .~.:'7:,J.:~i~~<}~,:<:~;': .. .,," .". .... . ". d . ..~,1 .. . '. ..C>..." .'"::~fJ.;>< ,:!,',~~~,;.~t~ , ..... 'ft.~' ftE.~Ml ~; ", .;~~.~~~{,';,~.c.c'f.~~1i~,;~~;:fa:~~~' DA1t:__~, ..~o",.,W't.,> I'....~,.~.J..'\. $-,,,.... h , ,',~..../. :', , ....~. .::" :" "r';~~! ~:~'1:~<;',,";:.'; .,),,'.::i:~::,~~,};.: ::<~~,~ ' ., ,r' .. ,~' "'. '1' (-oJ. .: \0', '\ ....:. ',. '~', _~~ <lo;:t-_,.; .\.r., ,', ~", ....:~id . < . ,;~.;"." '~[J:\>~;,~il:&E\~~~;~fj;~~{t4,:;"f~ . H'(:"'-., .,' ,.Ijj" "'''''.~'. ..:!"'4.."'f''-'d,M"t."l''f(,.<<"~,{,-...:r;~..,;,J." , 'H .... ,';;.' .I'. ,~,,"i ._.....;,)./:i' ,I':l.,,,_,-- .~. ,..' ".~:,~ .~,,~~,~,::,,~~;,'\":1i,;."'~~~"'W~:'~..,~'" .~, "" , - . "~ , .. ~ 't. _, '.," ; :l'l CONTRAVEST CO"NSTRUC'tION. INC.:: 250 INTERNATlONALPKY. SUITE 220'; HEATHROW. FLORIDA 32748j ('407> 333-0066 ARCHITECT : 1 !( CHAALAN BROCI<"ASSOCIATES .Jii 2600 MAITLAND CENTERPt<Y. SUITE 26Q/ MAITLAND. fLORIDA'32751-7208". (407) 660-8900 LANDSCAPE ARCHITECT .: CANIN 1& ASSOCIAtES. 500 DELANEY AVENU! , ORLANDO. FLORIDA 328Q1 (407) 422-4040 ' ,'~ ' , . , ,~ '. '. " \'~ ~'.~ ~,- ' ,'. _......:..:~ ,.., \ ,j COURTNEY SPRINGS APARTMENTS ~. , ?U>'..: 1 . ~,: " .: . ,', (. ~~ "'.~ t:r < . ~ . ;'1 .(' :~' ! ~~,.J . . .':',: .;.' '1$~~ ~ 1~~} < .... 1" ",'.' ',\ . VIST'M1U.A 'lJRNE ,t ~ , ,) ,', .l;i<~ , ;;. :~~';~ :':'" ,J , . .>. ..:, . ';'..>1 ,.. " ~'. t., ,/. ., :;" ",.;,~,<,:~.j . "": ' \- .t .(" " ~ ,( """,1 ! .", . . ,.;f~ '.'8,'. I .'.' ,.,., ':i '~'JI '" , .', . ;i.."~ I :." >,:1-. : '. '-"", ,": .. .. -<" ' 'l: ~ " 1 1fl.'~~ ' : ] ..., \ ~ II "'r; . . , ~,;.;.. -. '. ' ... ,".. .. ':' .... ':" '~. '.:;, ) . \, \ e.',. . . "::,,. ,"-', . " .,. . /r .~ .,.~'~ r ," ",'; SITE LOCAllGN, KASH n' KARRY SHOPPING CENTER , I,~'; ':: 1 ,: . . . "'fI , 80. &.'ASS'OCIATE8, :. :' ,-. ,. , '. " , ..... - . . - . . - . . - . . ....... . . - . -.. -.. &-... -.. -.. -.. -.....,... -.. \. -11 \ . I · l I , I I I I , I I . I .\ I I " \ \ \ \ \ \ \ \ \ . -------------------- -..------ . '. \ \ \ \ \ \ \ \ \ \ \ \ \ \ , , , \ , , , , ... " " . '. ,', / \ \\ ST ATE ROAD \, \ 434 . \. \ , - . . ~ . .'_ . . .I. . . _. . ... . ..._ . . _ . . _ .. ........' - -. \, ... "" ",. I " ,\ I \ \: , l ! .., . , . . - . . - . .. -- . . - . . - . . ... ,. - . . "...... ...... " ... ... ... . '. f.d.o... r...nt'on'pond (UNDER CONSTRUCTION) \ \ \ \ \ \ ,/ ,/ ,/ .. 1 . I I , , , " , " , " , ... l ~ J I ... ... ... ... ... ... ... I I I I I I I I I ( \ \ \, - ' , ~ S~RWWD , ACOE WETLAND LINE VATION ;'"1 ;' _-/ -- -....- ..... ,il ! i ~ ~ ~ ~ ~ ~ ~ ./ ~ ~ 0.. i ~ 1 ; I II ,I. ~ ~ lI) ~ t ~ ./ ." "";\ . " I I' , ' I Q. lO ~ .... lR ~ "- ~ DATE \ DESCRIPTION BY ." I ! . ' SPRINGS &1 . .' , I , . .\ ": <.'~ I f ~ 'i . "'41 'j", .'i. ~ r. -, <<- . I ~ , ,'. I . ~ ." -:< ' . ',,~; .:fJ ' " 4S i !:! .:1 '"5 > i i ~ ~ t ~ ~ -'" t ~ ~ ~ ../~ ~ ~ -; , . -- -- - , ~ :, ~ 't:::- I :c 'iAf -- '-O/fJEN ~'f; -- -- , ROADN/lP:::'''' - ' :;~ ~';~" .i~~; i 1~. 3/,41 I~J~ . : ~ WEIR 'srlfUC'l'UM EXISTING TUSCANILLA - TRN:T 15 PLAT BK.43. PGS. 48 " 49 SJRItIlD . IItXJE WETLAIID tJlIE \ "" '\ ... \ ~ " \ ,. ,\ " ~ ., , , --- "'"-- --- , - .,: -- -- -- ,-..~ A...... ~ '" F M.COttTIMlED FIfOM COUR'f1lD SPIfIIIGS APT$. ,-- 15' I/JUFI"ER ~ ~ I e SA tf3If 1 "."L- I~ "C~ ... i ( , '\ / I' ""\ v/ j I' . '-Ii , , , \ \ It e r---- ~, -. - .' . o~ /1JCATION MAP ( ., II! .,,,.~ IIUI I , I .,,,.~ \ I I I ~f of, / ~. 'I/UI I I I vc-: \ '~ , ~ VMIC$ .. . V/lll'WS . - r:: t ~ ,I l' '! \ \ r- " I !. rrIC ." a.- . wrrp.-J ,tJf1T ... IO.JDO " It J r _..cDIPAC'rG) 10 _ ~ <, ."." ", A r-.o ,...,.. ;'~~, srIeUZ.. 10 ,,,,, .,. IfIISItrr,*,J' ';{ /:f'~ i?~- ,~ '~ , , ;. . \ < .~ ~..;.. \ \\ \. . ,~, \ ~ \l,).\\~ ~ ~~ \\\~ I ~,.. J~ ~ \\\ ,', - \\~ '.'."~ \ ~' \ ~ , \ ~ . ~ , \ ~ \ ~, , ~ . ~, \'~ \, '\ .,~ \ :~ '\'~ \ ~ \ ~ \ \~ 1\ < ~'. ~:;<' ~ I , , 54 MM~ co.t::MTE :; "........ IItJIHCIIID ,.,., IlfEAII r... ... t:DI6IIr- " '. Storm /;IH top 3/.74 11711.27 Ell , I , , TYPICAL PAVEMENT S~CTION & CONNECT '" "! ~ TO EXIsr.F~. 1 \ SITE DATA CURRENT ZONING PROPOSED USE TOTAl. SfTE AREA OOT PARCEL I OUT PARCEL 2 NET KiASH N' KARRY PUD COMMERCIAL 11.26 AC. 1.22 AC;. , I E>O 11(:. 8.44 1tC. f~" AREA t)( ~ ~ ~ ...., ~ \. ',\, \ \ \. "." .~' \ " ~ \ ,.'\ ~ '. ~~~ , ,~ '. ~, " ~ ~., ~\ " ~,~ .' ~ '->\. ~', ,i, !::-S/LT "\.., . \"'"'" FENCE "Q. "'!,t; ~ . .' ,':,. ~t$ , . $4". /~' :"1 , j ~, r SP.lCES 10 Y. HOUR PEA/( STNJE EI... ~$ y' 'HtMI!t PEAl( ST NlE EL. RETAIL STORE. 9.160 SO.FT. ........ y~. -..'" ST~E E PARKING REOOIREo, 9.760/300 . 32 SPACES fVfJ. "'-~ f"'CO""" "'V I... SILT FelICE _- 'f. . .:. ' r',.iJt~LJ2J TOTAL PARKING REOOIREo, 219 SPACES ~l ..d v' .'~ TOT AI.. PARKING PROiIIDEo, 263 SPItCES (fNCWDlNG HNfOfCAPP~;; T()/J EL. . rr l,;: ./WM ". ;. :' ...' It H~DICAP PARKING' PI'KNlDE{), 12 $Pf'PE$,.iF~;' . .......j:~ , Yo IMPERVI()U$ AREA - 73 " ..... ~'...... EL JOD .f1!I1r Qt/T PNtCELS TO ee. 757. IMPEiNl(JtJS MAXIMUM' ,~'iNlt~ '_ ..o../L.EL.2'1.5 ~. . ~i. . v / .' &" ~. ._1fDj ,~lOII I!CIIII:I $6CTIOII . . ..' , "..,-rEIf .,ATER MET. WZIIM;IfFtJ:1JI ~e. . ,- ,I: '. ~ $#TIlACItS . , ll; ~. '}\..; .. .' ,X>;,..,;~;i " ".F ..' . (,i.::' " '. ,,~, ~'" jj.....~ ,,'Mj'f. '..:-:: ,', , '" ~'" "'-" )";'...,. MH ~'~'", ~ ' ,J, " ~ ,....".,.." ", ~ a.~' " " ~-~. " , ~..."'l- I"".I:1JJ!(J " ' ~ ~ . ($ ~ " IIN.aJO ",~" ~ ".~~ ,., l 'yo...~ '" ~ ~ 'lii'::'~"IIIIIIIliro.:~ ~,l ,-~ ~ ", ~... "- ~~...~ ,,""'... . , "(~ 6 ~ "" '''-.:-~~ ......, \ " ~ ~.. ... " "- , '" .... . ......, ,. . """ ...... ..............'" . \" .... ~ . ........::1, , "'~\ ", :~.:t"", .'..', . ,: ,~ .,/."" ' ,,~, .. .. ,(~." ."."\ , 1" ~-t · ',c".i" ,~, .'<;;(,i" , , '. "''''db", \ '>., ," ""...-. ,'~, '" ,... . * , " BUILDING P'RONT BuILDING SIDE 50' 35' ",.. ,...r~" 'l!AlI'~ ~ .."':'.,' ,,' . ~>::::,i,.'" ,,' . ' '. '/ -' N'fI'UCNIT , ZIMMER DEVELOPMENT COIIPNtY '" NtINCESS STREET "4BOX 1!Ii26 """"-OfI.iIORT'H CMOLINA 2IH02 ,";J ,..,.... ....; / =~s'f. ,'Me · 79U9' '. ' .~, ,'I/IDIUS · 7tODlY .,$ ~"c " ~... " 'Ill '.. , "...... 'l~. ,~ , ~.;. ......'" ... .. .. i.. ), .',.. '.. 's' " SCRI""~ . '. ADAMSVILJ.E"t;.: ':'~IIJE' SANbS ;. , _- - :_: "" _' !' - . Mr AKKA AND '. E FINE SANDS. , . .'; "@;> POMELLO FINE $Md;>10 TO 5 PERCENT SLOPES) , J .j .' CQIIII6.C'1' TOEKf$T.... VHT'H wEr T.I# ,COIIfNIi ~ ~ (( i ~ !llJlfVE'f(JR, " ~"'SlII8LETON " ASSOCIATES INC_ 56.0 g(JfJTH MM1NOLJA AlENUE 01'fLANlJ(J. FI.DlflDA. ~2802 An'''', tIILL HNfT (<<1lJBN-6656 t ,. " ;', ..,< "' " .~ ,) -~)< >'>-" " ""~ ~ DE~fitj.i:'" '. "'~';'" .- "", ". ::..:-, ,:.:c:, /. ' ' ,," , . , SNJII' 111!1("'" SHr~" , ~/ ~ .....' bs'rEfI 1 ,,'~) " "" c '''. ~ iI#I,' E:"', . --,*'..:, '1If J ~ .', ~:: .' ." &. ~ij' "', - ,.- :: . 1 ' ." ,>.:/. T ~, " ,'. GElfENL Nt1r-ES ..----,' I. NO PORTION OF THE SITE IS WfTHIN THE FEMA DESIGNATED IOfJ Y~M~i' FI.DOD PRONE AREA (PNfEL NO.I2029S D005C). ...' I!. THE . ON' SITE WATER SYSTEM WIU BE (MNED AND MAINTAINED BY THE CITY OF WINTER SPRINGS.FLOIfIDA J. THE ON'SITE SANITARY SEWER SYSTEM WILL BE. PRIVATELY ONNED AND MAlfffAlNED." 4, BUILDINGS WILL BE SPRINKLERED AND UONfTORED 5. NO CONSTflUCTlON TRAFFIC PAST THE SOUTH ENTRANCE ON vISrrMII.J,.A ,~i /)RIVE IS PEMlfTTED '" 6. BUILDfNG PAD AREAS SHALL BE C#,.AERED " CRUBRED TO DEPTHS,'. M>M!icx. ALL DELETERIOUS IIATERIALS.THEN PROOF.ROLLED IN ACCOR~E ""/t,TffilE . ' (. ",.,.":i. . ,'t~' ~" .soiL""_ ~'" .............. " '; 'c.,.., ). " ;'" . 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'. .,. .. .J ~ .. ,1 ~ ~--f, :, ..-.... ~,,'>"-':. ':'.~.:~:.:'..::... . ca..a.... .;,.", '.' . ~:;,\,: "'. .' . ". "'" . '__'~ .( . .' -,'. ":. .:{"M',:'.t ;'..I\:;,:~ ... ,.,~.. . 'L' '. D" ~" .~..::'..~v{,}:~.~~:,./r; . , " ,; ",' :~', ' -~, J ': :~," , . :,~.~~?",~ . I .' ...' . .' .~ ' "'." " -. ..~ ". .:~.~r:..?:~(:>>:~..t FlU. . K,.~, ,,'t ',.;,,' . ~, .., ;;....' :"'~:.;::):~;':.'i,,k;:.,:Jrl~' ."~',. i- . .. '. '. " : ~ ~_'_'~. l..;;~f. "': --::~,;, \,..., ........... '~'.'" . .,' ~ . . . , '~.>t ',-, LANDSCAPE SprCIFICA TIONS PART I - GENERAl 1.01 WORK !NQ.UOEO A.. The work included in this Section consists of furnishing. planting. watering. fertilizing and mulching off plants and lawn areas of species. size and Quality in the locations indicated an the draw- ings or os directed by the Landscape Architect. 1.02 OEUVERY, STORAGE AND HANDUNG A.. Transportation and Inspection: Plant transportation sholl. comply with 011 federal and State regulations. 1.03 GUARANTEE A.. The contractor sholl guarantee oJl planting work for 0 period of 12 months and 011 sod for 3 months after the dote of final accept- ance. During this period. the Contractor sholl continue the obser- vation of plants and guaranteed work. The Contractor sholl sub- mit monthly observation reports to the Owner with 0 copy to. the Landscape Architect during the guarantee period. The purpose of these reports is to state any maintenance deficiencies observed. It is the Contractor's responsibility to. report these to protect his guarantee. Failure to submit reports eliminates any claims that the guarantee is not valid due to impraper maintenance by the Owner. e. Replacement of Defective Plants: Any dead plants or plants show- ing indication of probable non-survival or lock of health and vi- gor. or which do not exhibit the characteristics to meet speCifica- tions. sholl be replaced within two weeks of notice from Owner or Landscape Architect. The replacement plants sholl be furnished/ installed at no additional cost to the Owner ond sholl be guaran- teed for 6 months from time of installation and acceptance. All replacements shotl meet originot specifications. C. The Contractor sholl notify the Owner and Landscape Architect ten days prior to the end of the guarantee period and such guarantee sholl be extended until notification is received. D. At the end of the guarantee period. 011 plants that ore dead or in unsatisfactory growth sholl be replaced within two weeks. 1.04 JOB CONDITIONS A.. Protection: The Landscape Contractor sholl protect 011 materials and work against injury from any causes and sholl provide and maintain any necessary safeguards for the protection of the public. He sholl be held responsible for any damage or injury to person or Pf'operty which may occur as a result of his negligence in the pro- secution of the work. e. Exl8tlng Conditions: ,. The Landscape Contractor shalf' exercise core in digging and other work so os not to damage existing work including un- d-.rground pipes and cables. ond the pipes and hydrants of watering systems. Should such overhead or underground ob- structions be encountered which interfere with planting. the Landscape Architect shall be consulted to recommend adjust- ments to the plant locations to clear such obstruction. The Landscape Contractor sholl be responsible for the immediate repair of any damage caused by his work. (See Section 3.01) 2. Should minor amounts of ob jectionable materials such os old concrete. asphalt. or other debris be encountered during planting operation. they sholl be removed from the site by the Landscape Contractor. If it is determined by the owner or Landscape Architect that the amount of debriS is excessive. 0 further determination of responsibility for removal will be mode. 1.05 QUALITY CONTROL A.. The Landscape Architect shotl hove the right. at any stage of the operations. to reject any and 011 work and materiots which, in his/ her opinion. do not meet with the requirements of these specifica- tions. 8. AIf planting sholl be performed by personnel familiar with plant- ing procedure and under the supervision of 0 qualified planting foreman. An English speaking landscope form on sholl be on site at 011 time during landscape or hardscape ins.tallation. C. All work shall comply with applicoble codes and regulations for the particular jurisdiction of the project. It is the direct responsib~ity of the contractor to familarize himself with such regulations prior to initiation of warte. 0. Th. work sholl be coordinated with other trades to Pf'event sched- uling conflicts with regards to irrigation. grading. utility work. and/or demobilization of equipment. 1.08 QUANTITIES In t~e event of 0 conflict between quantities shown on the plant list and plans. the plans Sholl control. Any additions of materials required sholl be submitted in writing and approved by the Land- scape Architect prior to installation. PART 2 - PRODUCTS 2.01 MATERIAlS A.. General: 1. Nomenclature: All trees. shrubs and plants shall be true to nome os established by the American Joint Committee on Horticultural Nomenclature publication .Standard Plant Names.. The designated authority for the identification of all materials shotl be the twa publications of L.H. Bailey. -Hortus III- and -Manual of Cultivated Plants.. and ofl specimens sholl be true to t~e. name. etc.. os described therein. 2. Grode Standards and Quality: All plants sholl be nursery <yawn and sholl comply with 011 reQuired inspection. grading standards and plant regulations os set forth in the Florida Deportment of Agriculture .Grades and Standards For Nursery Plants.. Parts 1 and 2 including revisions. 0. The minimum grade for all trees and shrubs sholl be Florida No. 1 unlHS otherwise indicated and all plants shall be sound. healthy and vigorous. wefl branched and densefy foliated when in leaf. They sholl hove healthy, well developed root systems and shoft. be free of disease and insect pest~, e9gs or larvae. 3. Ueasurements: The minumum acceptable size of ofl plants. measured after pruning. with branches in normal positions. sholl conform to the specified sizes as shown on the plans. Sizes specified ore minimum standards. Plants sholl be eQual to or larger than otl cate90rift (flei9ht. spread. caliper) of size specification. Substantial deviations from thHe measure- ments must be apPf'oved by Landscape Architect. Caliper of tree trunk. shall be measured one foot above root boll. unless otherwise specified. 4. Plant Protection: Plants sholl be protected upon arrival at the site by being thoroughly watered. kept moist and pr~r- Iy maintained until planted. All measurn should be token to properly sucure the plant material and protect from theft. Replocement of materiol will be the sole responsibility of the landscape contractor. 8. Plant Materiols: With reference to method of cultivation, root system status. etc.. plants for landscaping sholl be clossified un- der the following designations: ,. Batted and Burlapped: Plants so classified sholl be dug with firm natural root bolls of eorth. of sufficient diameter and depth to include most of the fibrous roots, The root boll of these plants sholl be properly wrapped with burlap sack ma- terial and remain protected and wet until they are planted. The plant shall be handled only by the earth boll and not by the plant itself. All balled and burlapped plants which can- not be planted immediately upon delivery ~hall be set on the gtound and shall be well protected with soil. wet moss. or other occeptable material. The plants shall be set with the burlap cover intact and with the burlap showing. until inspec- tion. At final inspection the burlap is to be cut away to ground level or os otherwise speCified and then completely covered with soil. Any additional plastic or n~an stropping or twine is to be completely removed from rootball Pf'ior to installation. B. Excowtlon of Planting Bed. ond/OI Plant HoI_ 1. Where excavation encounters materials which ore unsuitable for plant growth. 011 unsuitable materiol shall I!le removed and replaced with topsoil. meeting the requirements of paragraph 2.01 -C herein. or as othrewise directed by the Landscape Architect. 2. The plant hole excavations sholl be roughly c~indrical in shape. with the sides approximately verticOI.' Plants sholl be centered in the hole, with the trunk location qs shown in the plans provided, Bottoms 01 the holes shall be loosened at least 6 inches deeper than the required depth of excavation. C. Protection of Existing Trees: Th.e Contractor sholl protect existing trees from damage. Where damage does occur. 'the Contractor sholl r.emove the damoged tree and replace it in kind and size. in accardance with the instructions of the Landscape Architect and the appropriate specifications, all at no additional cost to the Owner. 2. Container Grown Plants: D. Grades: It stiall be the responsibility of the "Landscape Contractor to finish (fine) grade 011 landscape areas eliminating 011 surface irregularities. depressions, sticks. stones and other debris to the satisfaction of the Landscape Architect. After the grade has been established and compacted to th~ required depth, no sod sholl be laid until the grade has b"n apprcved. o. Container grown plants sholl hove been grawn in a con- tainer large enough and for sufficient time for the root system to hav(' developed well to hold its sail together , firm and whole. No plonts sholl be loose in the contain- er Plants which have become pot bound or for which the top system is too large for the size of the container will not be acceptable. b. All containers shall be cut and opened fully in a manner such as Will not damage the root system. Container grown plants sholl not be removed from the container until immediately before planting, when all due care shall be token to prevent damage to the root system. .3.02 PLANTING Settin9 of Plont. 1. When lowered into the hale. the plant sholl rest on 0 prepared hole bottom such that the roots are level with. or slightly above, the level of their pre'(ious growth and so oriented such as to present the best appearance. The Contractor, when setting plants in holes. sholl make allowances for any antici- pated settling of the plants. '2. The backfill sholl be mode with prepared topsoit os specified hereinbefore and shalt be firmly rodded and watered in, so. that no air pockets remain. The Quantity of water applied immediately upon planting sholl be sufficient to thoroughly moisten 011 of the backfilled earth. Plants sholl be kept in 0 moistened c!,ndition for the duration of' the planting period. Stoking and Guying: It is the responsibility of the Con.tractor to maintain 011 plants in 0 plumb. uprignt position until the end of the guarantee period. Stoking shol. be the option of the Landscape Contractor. untess otherwise directed by the Landscap. Architect. All damaged plants resulting from the lock of proper stoking and guying sholl be replaced by thlt Contractor at no expense' to the Owner. All tree guy wires shall be flogged with yellow sofety ribbon, or approved equal. 3. Bore Root Plonts: No bar.. root plants shotl be used. C. Planting Moteriots: 1. T oplOil: 0. Topsoil sholl be 0 friable loom. typical of cultivated top- soils locally. containing at least 5 percent of decoyed or- ganic matter (humus). It shall be token from 0 well drained. arable site. It sholl be reasonably free from weeds. subsoil. stones. clods. sticks. roots or other ob jec- tionable extraneous motter or debris. It sholl not con- tain toxic materials and sholl have on acidity range of pH 6.0 to 70. Topsoil from nut or torpedo gross infested will not b. acceptable. b. Any required soil teSting sholl be the Contractor's respon- sibility. C. Soil Preparation; Prior to placing mix and backfill, or commenCing with planting. rototill any or all areas that hove been previou9ly compacted over 90 percent for other construction purposes. B. C. Pruning: 1. All broken or damaged roots sholl be cut off smoothly and the tops of' 011 trees sholl be pruned in 0 manner complying with standard horticultural practice. At the time 6runing is com- pleted. 011 remaining wood shall be olive. . All cut surfaces of 1 inch or more in diameter. above the ground. sholl be. treot- ed with on approved commercial tree point. F'ine pruning for tree shape and appearance shalf be done only uncMr the dir- ection of the Landscape Architect. 2. Fertilizer: Fertilizer sholl be 0 complete fertilizer. of which part of the elements sholl be derived from organic sources. It sholl contain the following minimum percentages by weight: a. b. c. d. Nitrogen N - 6 percent Phosphorous P - 6 percent Potassium \( - 6 percent (Or other analysis a~ n'\ay be approved by the Landscape Architect). In addition. the recO~mended micronutrient! must be present in the guar~t"d analysis. \ , Mulching; Within one week after the planting. mulch material sholl be uniformly applied to a minimum loose thickness of :3 inches over the entire area of the backfilled hole or bed. The mulch shall be maintained continuously in place until the time, of final inspection. Mulch sholl be premium grade pine bark mini-nuggets furnished in 3 cu/ft bags or in bulk. All mulch areas are to be thoroughly watered in. and raked to a uniform depth and appearance. Watering: The Contractor shalt contitlue watering for 01 long os is necnsary to properly establish the new planting.. Core shalf be token to prevent stoining of new construction where temporary well water is used. 2. . Any pruning res\,Ilting in the decline. dieback. or malformation of the installed material. will be the responsibility of the _ Landscape Contractor, and will result in the replacement of material at no additional cost to the Owner. .. o. Ba.e~on exiu: .,.)soil co"itions. -Milorganite- fertilizer may be subs' . " ..' or suppleMented as directed by the Landscape Archi ec at the following ratios: (1 Cup -345 tbs.) (2.9 Cups = 1 Ibs.) . . 5.0 Ibs or 14.' cups / Palm 3.0Ibs. or. 8.7 cups /12'-16' Material 2.0 Ibs. nr 5.8 cups / 8'- 12' Materiot 69 Ibs. or 2.0 ~ups / 6'-8' Material , 9 Ib,. or 1/2. cup t :3 Gal. Material '0 Ibs. or 1/4 cup /1 Gal Material E. F. Pest Control: Prior to Finol Acceptance. occurance of scoles. bor- ers. foliar feeders. aphids. mites. leaf-spot and diebock. nema- todes ond ca,:!ker-producing fungi. shall be treated "ith appropri- ate pesticide. 4. Watering Agent: All trees. Potms. and large shrubs are to be planted with terra-sorb or approved eQual similar in composition unless specifically waived by the Landscape Architect. Terra-sorb (3 oz. Pacs) are tb be provided at the following ratios; , Pac / Tree - 36. Rootball 2 Pac; / Tree - Over 36. Rootball 1 Pac / 20-2~ Gal. .5 Pac / 7-10 Gal. 25 Pac / 3 Got. * 12 Pac / 1 Gel. * *Installed only ot direction of Landscape Architect unless otherwise specified. G. All plants Sholl receive fertilizer during the plOf'lting period. consistant with Section 2.01c.2 3.03 A. BERt.tlNG Fill dirt sholl be locally obtained material from naturally drained sources. free from dry. organic debris. stones larger than 1 inch diameter and other materials harmful to successful drainage and plant growth. Soil' sholl be well mixed aQd cor;ttain no more than 25 percent muck. B. Grode breas indicated with uniform levefs or slopes with no more I than 4; 1 maximum slope. Unless otherwile denoted on the plans provided. Berms sholl be gently rolling and parabolic and sholl be smoothed with 0 box blade tractor prior to planting, Finish grading sholl ~ accomplished by hand unless an alternative is otherwise approved by the Landstape Architect. Contractor sholl repair and re-establish grades .in settled. erod~d. rutted, or otherwise domaged areas. Acceptance:. All berming is to be inspected and approved by the Landscape Architect prior to any plant malerial installotion. ~. Planting Mixture: Planting mixture sholl consist of approxi- motely four parts of acceptable natural topSOil and one port pulverized peat or sterilized manure. ond to each cubic yard sholl be added and incorporated by thoroughly mixing. four pounds of commercial fertilizer having on anofysis of 6-6-6. 0. Acceptable artificiotly prepared planting compost material. approved by the Landtcape Architect. will be permitted in lieu of the pufverized peat or sterilized manure, in the prepared natural, topsoil mixture for use os backfill ma- terial. C. 0. 3.04 A. SODOtNG e. Mulch: Wood mulch shofl be premium grade pine bark mini- nuggets. unless otherwise directed. All mulcli to be clean and free of weeds. moss. sticks. and other debris. The sod shall be of firm, tough texture having 0 compact growth of gross with good root development. It shqll contain no Bermuda. Centipede or Torpedo gross . weeds or any other objectionable The soil embedded in the sod shotl be good clean eotth. fr" from stones and debris. The sod sholl be fre. from fungus. vermin and other diseases. Final turf Sholl haye no area cp'eoter than 12 square inches of unsodded area. B. Solid sod sholl be laid with closely abutting joint. with 0 tamped or rolled even surface. It sholl be the respontibility of the Con- troctOl to bring the sod edge in 0 neot. dean manner to the edge of oIt paving and shrub areas os shown on the ~.. After the sod is laid. 0 tap dressing of clean. sa~ wil' be evenly apPlied over the entire surface and throroughly wothed in. if determined necHsary. Peg sod on slopes os requiNd to prevent s1ippoge, F'ertilize all sod: 1 pound. of Nitrogen per '. 000 square feet. 7. Water: Suitable water fot the irrigation of the new plantings during the progress of C(JIstruction sholl be provided and paid for by the Contractor: who shalf oIso' furnish adeQuate water- ing eQuipment. 8. Stakes and Ties: Stakes ond tree ties sholl be provided in accordance with the requirements of Paragraph 3.02.B herein- after. .' PART 3 - EXECUTION 3.01 PREPARATION A.. Undercp'ound Obstructions 1. Upon request' from the Contractor. the Owner sholl provide plans showing locations of underground utilities and/or will assist the Contractor in securing underground locations from other public utility companies. such os telephone, electricity. coble. fiberoptics. etc. 2. In the event that rock. underground construction work. utility lines or obstructions out of the ordinary ore encountered in an" plant pit excavati~. otternative locations sholl be setect- . ed by the Landscape Architect. IMlere locations cannot be changed and tne obstructions may be removed. the obstruct- ;.,ns may be revaved. the obstructions sholl be removed to 0 depth of not less than 3 feet below grade and no less than 6 inches below bottom Of bolls or roots when plant is proper- ly set at the required grade. 3.~ FtELO ClUAlITY CONTROl A. Molntenance Prior to Final Acceptance: ,. Maintenance .haJl begin immediotely after each plOl"lt is plant- ed and sholl continue until Finot Acceptance. Plant. sholl be watered. mulched. weeded. pruned. sprayed. fertilized. cultiva- ted and otherwise maintained and protected for the period of time stated above. Sod shall be mawed a. required. 2. Settled plants sholl be reset to proper grade position. planting saucer restored and dead material removed. Guys shall be tightened and repaired os nece~ary. I 3. Defective work sholl be corrected as soon os possible after it becomes apparent and weother permits. Upon completion of planting. the Contractor shott remove from the site excess soil and debris. and repair any damage to structure.. etc.. resufting from pfanting operations. 4. Contractor is responsible for protection' against mechanical, damage fhat includes providing protection from vehicles. in- cluding the posting of approved warnin9 signs ond barricades. os l"('1ight be necessary. He sholl repair. restore or replace any plants or planting areas which might become dQmaged os a result of any negligence by him in complying with these reqUlremel'lts. As 0 specific requirement of these conditions. the Contractor sholl be responsible for assuring thot 011 plants at the time of final inspection exhibit the characteristics and Qualifications reQuired for the grade of plant os originally specified. ~. Contractor sholl be responsibl. for any additional watering re- quired if irrigation proves to be inadequ~te for freshly planted materiot. e. Except os otherwise specified. the CQntractor's .ork shall con- form to accepted horticultural proctices as used in the trade. B. Inspections and Final Acceptonce: · ,. The Landscape Contractor is responsible for coordinating periOdic inspection meetings with the Landscape Architect. Inspection meetings ore to be scheduled at 50,," 90"" 100~ of landscape construction. AIIo in~fficiencies and modificatians os identified by the Landscape Architect or Owner at the time of the inspections ore to be completely addressed prior to inspection approval and scheduling of the nellt periodic inspection. Upon completion of all work. including maintenance. the Con- tractor sholl arrange for 0 final inspection. The landscope work may be reviewed for acceptance in ports. provided the work comprises one full unit or area of substantial size. 2. Dote of Final Acceptance sholf mark ~he beginning of the Guarantee Period. . C. Guarantee Inspection: At the end of the guarantee period. inspec- tion at plants will be mode by the Landscape Architect. Upon . written notice requnting such inspection. submitted by the Con- tractor at least 10 days before the anticipated inspection. All defects discovered sholl be repaired or reploced by the Contractor at no cost tQ the' Qwner unless otherwise approved. D. Unless otherwise approved. the Landscape Contractor is responsible for removal of 011 tree stoking and guying systems at end of guarantee period. unless it is determined that the support systems should remain in place. for on extended period of time. 106 AOJUSTYENT AND Q.EANlNC A. Cleaning Up the Site: Upon completion of ony landscape project the Contractor must thorouQhly clean up the project site. In addition to removing 011 equipment. unused materiots. deleterious material. and surplus excavated moteriol. the Contractor shall fine grade 011 disturbed areas and the areas adjacent to the new plantings to provide 0 neat and uniform site. All damoged or al- tered existing structures. os 0 result of tile landscope work. shall be corrected. . PLANT LIST SYM I gTY Nft_ I . Na... lSoKIf'ICGtioM TREES AND PAlMS Ll 49 Crepe Myrtle 'T uscororo' 8'-10' HT. X 4'-5' SPR.. ~tl-Trunk, MIn :) Moln Trunks. F'ull Htovy RO\.Ntd Conopy, No Scorr" Trunks, MIn 5' C.T.. 12'-14' HT. X 7'-8' SPIt, Sirlgt, str~t Trurllc. F'ull Hnvy Rounded Conopy. "IN. Y tot. ~. C.T., sOtciMn fMllty 1l'-14' HT, . 7'-8' Woo MIt\ 3" Col.. " C.T,. ~!_~tI"o~ Trunk. No Low Crotch. rwU Rll\DIIPlI ror... Htow CMaOV 12'-14' HT. X 7'-8' SPit MIn. Y Col.. 5' C.T., ~f Stroight Trurllc. No Low Crotch, rull RoUndtd rOl"". Htovy COnoOy s.. PIons for C.T. Htlghts. Botttd. No Seo,.,." Trunks. Thick Coliptr' , MIn. 9 rrands ptf' "'"d. r ull Htods Lagerstroe~ ~ca 'Tuscarora' .\. ~:~ . MG 3 Southern Magnolia .Mognolio grondifloro ) !l~ " ~.'i::Q't.,.. ... . Quercus laurKfotio QL 50 Laurel Oak Live Dal< Quercus virginiOrlQ. 39 SP Sobol Poll'i Sobol PalMtto SKftIBS 2S IVN I Dwarf' Scn.Ufngs Hex vOMitoria Holly 'Nono Schellings' Southern Red Cedar MIn. 10 GoI, 5-6' HT x 3-4' SPR, rull Jltonsf r oiIoQf to 80s, 138 MIn. 3 GoI, 12' HT II 12" SPR, F'u11 RouncRd f'OI"", Prunntd into SyMt'trlc:ol rOl"". 24' D.C. '. Juniperus siliClcolo JS 21 PT Hin. 3 GoI, 24' HT x 24' $PR, rull ~oundN F' 01"". IItnH f' oIogt, JO' a.c. !In. 3 GoI. 24' HT II 24' SPIt rull ROIAlWd forl'l. Dtnst F'oiIoQf. JO' o.C, MIn. 3 Gol. 12' HT II IS' SPR. full Roundtd F' orl'l, JO" D.C. IiIn. 3 Gol. 24' HY . 24' SPIt. r u11 r oIoQf. r ull ROI.I"dtd AppttrOftC" 36' a.c. MIn. 3 GoI, 24' HT . 24- SPR, rull rologt, rull R~ AllDHrOrlCt, 36' D.C. 89 PittosporUl'l PittOSPorUM tobira PittosporUl'l tobira 'Vari"gota' .' PTV V9rittgQted Pit'tosDoruM Indian Halthorn Sweet ViburnuM Viburnl.ll'l Sando~lo v iburnUl'l odora tissil'lUl'l ViburnUM suspensuM 301 . .. RI 629 RhaphiolepsiS indica ... VO 308 VS 395 : .? ANIIJALS AND GRIlI<<DVt:RS Junipfrus Parsons Juniper chinensis 'Por sonii' Kn 3 Got 12' HT II is' SPIt, 4-5 lUwrs. F' uti RO\.WIdrd r 0M'l. full r oIClgt, 30" o.C. I JP 546 L1R [yergrrrn Giant Liriope AsiG tic Josl'Iihr Lnr Mattriol. rull roliogt. F'u11 rOl"I'I. 15' o.c. Uriope I'IUscari 'Evttrgreen Giant' T rochelosperMW'l Asia ticUl'l 938 IIn. 1 GoL. 18" HT, rull to Edgt of Pot. IS' o.C. I . , fA 1.213 . NOTE: PALMS TO HURRICANE CUT ONLY If APPROVED BY D\JNER, G.nflll,/,.lJll,.~c 1. All proposed MoteriQl sholl be F'lorido "1 Of" better. 2, All trees to 10. planted with 'Terra Sorb' ar approved "quo'l in thr".. one ounce ho.ndy pock. COMposed of synthetic AcryloMide Cop..IYl'ler, PotOSSiUM Acyl-ot..., Particle size of 1.01'11'1 3.01'11'1 ond obsorbtion rot. of thr~e hundr'ed 'tj"'es its ..ight in woter, apply dry. 3. An autOMatic irrigation Systt'M to be provided for 011 londscope oreos. 4, No substitutions .ill be occeJJted without the written approvol ond occept~nce by the Londscape Architect. All work sholl proct'ed in 0 proft'ssionol ",anne" in occordance with standard nursery ond instollo tlon practice. . Quantities 05 shown on the plont list ore for convenlenc. only. Landscape Controctor is responsible for 011 plants sl:'low... o~ the planting pIons. If cl.screpenc:ies orise bet...... the pta...t ltst ond planting plons. the ptans ore to overri~ th. plont list In 011 cases. Landscap..' Contr-otor is rt'sl'onsible for locotlng 011 e~lstlng ond proposed underground utilltes, infrostucture o.nd Irrlgotlon lineS prior to otigging. Ground covers and ShrubS to be Io.id out in Q conslstont Manner os speif'ied in the pta...ting spec:ifcotions ond details. No dO\lble or Multi-trunk tl""e.s unless oth.rwlse sp.cIFfed, All 9' trees to ha"e 0 MiniMUM 4' clear trunk. AU 12' t,..... to hove 0 MiniMUt'I of S'clear t"unk, unless otherwise noted. Contro<!tor is to verify that the' irrigotion syste.. Of" zone is fully operotionol prior to p1ontlng. The Londscope Contractor will aSSUMe all responsibility for Mo.terlol . replOClPMnt clue to Mot.rlol 'decline or loss dl.l(? to lOCk of wotlPr. S. 6. 7. 8. 9. 10. ~1. 12. All plonting beds to receive 0 3' deep royer Mini pine bark "'....ch unl(lS5 an olternotive Mulch'ls specified on the approved pions provid.4 All Sobol POIMS to be planted 0 l'liniMurI of 9' FrOl'l back oF' clI'b unl..ss oth(lrwise shown on th.. plon. Londscape Architect to be Il'll'lt"cI\otely notified of' any descrepencl4Ps found In the 'l4Pldo .. Londscape Contractor to notify Lcmdscope Architect 3 cloys prolor to instollotlon of l'\01:erlol. . Plont Mat..ral to be field odj",sted os necessary to prevent conflict with lPxisitng and proposed ",tilltle, and lrrlgotion .qu~. The Landscape CDntrac.tor is sO'eiy responSible for oU sorl testing ond oMenclrwnts to provide suitoble fertile growing ",edk.tl'l for 0.11 fnstolh.d pto.ntlngs, 13. 14. IS, 16. 17. ......... L'ondscope Details NOTE: . SHRUBS IE GROUND CO'JERS TO IE SET AT SlMJLAR GRADE AT WHICH .... <<11;~ IT WAS PRE'o'Ious. y ~TED. ~~ ~ 'f..' ~ ~ l\ .~ ~ . . . 3" SAUCER ~~ . ;,~ J" Of SPECIFC MUlCH EXTENDED BEYOND SAUCER (XISTINr- SUBGRADE PLANTING SOl MIX CQMPACT(D SOIL MIX S(TTING BED :1' " '.~ J" " ~ : : ROOT BAU. H~W SHRUB PLANnNG DETAIL ~ W\ ., \a. t-.... ~... l "l~ "' _, ..... ..., ~ YS-' ~~. "' ..J...~~~ ~I.. ~ U" ....L .......::. L '\.~ ~ "TI" C' 8. ....... J I.. ""'~ ,..-, ~ · x: · XAAAAAA.~ ,.,J \r . v ..1 ~I"V\ V V~ V ~ )A ,~ ~_ ~~ ~ ~~n . A, ALL SHRUBS L GROUND COVERS TO BE orrSET THE MJNJfoUt SPACING DISTANCE rRQM (DGE OF' SIDEWAlKS AHD BACKS or CURlING. SHRUIS AND GROUNDtOVERS ADJACENT TO CURVED BEDS SHALL BE PLANTEJ) IN RO'JS WHICH FOLLOW CUR1[S, . SHRUIS AND CiRCUNJlCDVERS ADJACENT TO STRAIGHT EDGES SHALL IE TRIANGULAR- SPACED IN AO\JS PAR1-LEL TO THE: STRAIGHT [DG[. F!f.ANnNG LA YOUT DETAIL 8, C. NOTE: . . . I M,~.. - f ~ . · PlANT so tHAT. T(It.et ROOt . &AU. IS [\/EN wttH tHE FlNISHED GRADE . F'ROMQS ..., ltAllllNAl. suo ARE to REMAIN 11[0 . 00 NOT AlLOW NMoS TO PENt." TE PAUot · PALMS ARE TO IE PROlEC1[D DUR- ING INSTAlLAnON TO PREV8lT SCARRING : \...... I- % ~ i :S-2"X4" PRESSURE TREAlID PIN( SUPPORTS HAUl) TO PIN(~T ON p~ (EClUAl SPACED) ~ % WMtE WRAPANG I BURLAP PROTECTION . AT SUPPORT d e , u w 81 - e. SAlJ<::P 2" or SPECIf1ED MULCH BEYOND S4UCER . 3 2"X4.)(24" PRESS TRUJ[D STAKES - 'TOP or STAl<! ~. S. A8<M QltAO[ i PLANTING SOIl: MIX COMPACTED SOIL HI SETTING lED './.~ . . ""\' '.:;' , . .: I \. .... :'.~. , ..;.: ~ PALM PLANTNG DETAIL IIIOTI: · tlLMT $I TNlT ". " aT "L IS Eva 'WIT" nc ,... GMK . ST. AIDvt FiaT ....cKS Qlt AS lCCt$WY I1It ... $UPPQIIT . . . rUG GUY_ V.S VITM UVIY nAIGING ,.c ..: z __ Ill,&. SI'OlIN , IItIllilClND I ~ ....... 12 ~ " CAY. ,.,., _ w" ~ ... AT IJIDS. (3 .. !OlMLLY .ACID) JUG CAOt GUY _ . GALY . Vr' 'IlIlIMUCIIU r.. UiUtD ..: z OCT 1 9 1998 ~:&! .... SMICD. ; " i ~...... 'G. ~. JoorXI'lfI4' --.s. 'MlATE' STMU - TCP ar .,._. SET ~ GlUDl - .,0.; " . :::., Ja' .. SPttIFJE F\,MTtNG MIX , .. . '.... ~ COlPACTO SOIL ..... XTT" IU 1,-tI!'L 1 '- t.~. 1 Il!lII&C AU. .....- ~ _ .ws flIGIt lOP In t1Ill(IO'IM.L IlDIO\oC AU. ....._~ .APS 'lVtJu.Y ... ~ lIOD1M.1. TREE PLANnNG DETAIL ..~ ... ..... . .... .....""", ~ ..... . ",........; .. {-' _I ~ .~ ~ ~:t f~~ ~ .1" j~_ ;t a;;t w fI) ~ .<, "'l'~'" ,.... ') . . c. . "-' ,1, ).... .' .. ~ -'.- ~'i ~. ~~". ' .:~;~ ~ ~ .~>' ~ ..~. ' ~,. .~': ~-~:t ,.. --.. 'U c: i ~. _. No,.. .\~~~ !I ' 't . ~ ~- ~. ." ..' , h_, ... . ,~"l:-' ..: ", :v " " ,lit': r. ~, ~... I~:! ~'r " -. ,>. ":.l. ;. ! ' ,.j ~ t' r ); .<. . ,ir,. .' -). .,: l'" .~ "'. :-:, r . '-"e (' .... " "'~ ~ ~. .~. ; j ; , t ,! . i I , . i " 1 : . i ! Iii " I: . k . ------------------..-..----..-..-..----..---..-..---------..-----..---..----------.----------.-..-..---- i:_, , / ,. , .' , () / .:~ ,: ~ 7. .:-:J " .. ,. ~,. . r")'... ST'ATE :-) :c.: .. I' .. -------.......-- '-A.-..:r."-A-/ ~....} ~ . .' ... h82 .I .". ...-.. -.y t") C ~l .. , , . '._.j;,-,.,...er. A"...L . . , ~ \ \ \ ... -. . '. ' . . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . - . . - . . _ . . - . . - .. . .... . . - . . - . , M"t!t · e.:. · . . - . . - . . - . . - . . - . . - .. - . . - . . - . . - . . - . . -. . -. . - . . - . . - . ~ - . . -. . - . . -.. - . . -. - .....-. .. . . .... - ..., h .. . . .. . .. . .. '. -:,...., ... I I @ \ \ \ .~ ~ SJRWMD WETLAND o ~ II) .... .... \I) ::J 5 ~ ~ ~ ~ ~ ~ ~ ~, ~ ~ ~ ..- we+land '8:'*=:. .., .- ~.r TYPICAL PONDS SECTION& ~ ~ C( ~ ~ a a 'It \I) ~ \I) $ ..:; ~ COlIt' SClfIrU fIUJA.. CllIlY ", ~- VMIIICS lillfm - \(,'~FT - \(,'/FT - ,._..,.,~s.",~ If _ $OIIl. <<",,,, ltA5a II' ~ ct1III*JIC1'eo Lt r:J:1!rA~:.1ISIN ~1IaUt'''' "',. " f'SI~J TYPICAL PAVEMENT SECTION ~ ~ ~ ~ ~ DATE BY DESCRIPTION . l 11 f.d.o.+ (UNDER :I ~ ~ ~ ~, i! < ~ i ~~ ~. ~ 4 ~ 1, 'J in N r-e+en+ion pond CONSTRUCTION) . _. ..... ...... .._.,.......... ........._....... _h. . C!) . " " '. " \ \ ,). I I , I I \ \ \ , \ \ \ , .. . I I ------------- - III ~ _ _ \. , \ " ,.' I. \ \ ./ " , i .' ,/' - ,.. -- ._ __ ~_ __ _-t...- 01' , ~ ~ --,.. :-. - .--. - -.~ - M ,_. - _.. __ . ~ .. -c;.. 0: :-::- _ ~_ ~ ... . - -- - - - - ~ - ..-- -- ,;/:""4- -\- .L . .~. C) , t.) _. _______.-L._ ._. , ... , '. " " ... " , , " . /:)/;';'-.,..$ o. "f ", ", ..Y^ ...... it'..." ,....,$... .0 ~... "- ... . ... .. ~ " N ,\8 , 4 bldgr+ype 4 "''''..31.4 b.1 dg. +ype f"r.31.O , . CREEK c c c c c c WET GENERAL RE.,SERVE , I. 'NO PORTION OF THE srr..',/5 FLOOD PRONE AREA. (PNCt.' , 2. THE ON-Sf1'E WATER srSfeM. CITY OF WINTER SPRINGS.F . :J. THE ON-Sf1'E SNlf1'ARY SEWER MAINTAINED. ' of. BUILDING WILL /JE SPRINKLERED .. 5. ALL APARTMENT BUILDING ARE T Lt SECTION ~ BY ..VIIIO N I DE SCRIPTION BY .. SEE ettvOR CClUNTV .....D. F'IK 1IfIPROWA. II) .T AS':"T I. -- -.- - -:04- - --~-- .----..._--- .................. ............ . ~2o SOuTH MAG 407-84~~ I) / ACOE WETLAND LINE o / ACOE weTland BASINOER. SAllSULA NIt) DE"RESSIONA4,. l ,/ I i ...\ 4lJl ~. ... m ., ' \ I n' f If .' ... ..: " '... "". , . . con+lnue.pvc from 'Kash IMJ)(I. NO. I ~ .' rrn Bl.DGs. 8ft BIt ., of 16 .. 5 3 12 60 6 3 4B ~ 1 I of 0 T(1f ALS " IJO I~. " ~.. ' .. '~ ' to " ., ">',';, , .r" , ,~ . , " ~ , .... ... ... I ~e .l(":J Q- 1- '0 ........ '0 ff..... '~..~ ...~ , , .11. .. .~ ,.. .,. '. , A . . ~ \ \ .. . .... _.\- ---- \ \ \ i I i I I \ i \ I I \ . I \ I I i . \ , . /' I ;' ,. .. --~ --. ---- -' LARGE FLOWERING SHRUBS (10'-12' MATURE HEIGHT) R.O.W. LINE/FENCF: LINEjCHAIN LINK FENCE (typ.) POWER POLE I~OCATION (typ.) PROPOSED 5' SIDFWA T ,I( SMALL TO MEDIUM SIZED TREES (ELM, LIGUSTRUM, REDBUD) CRAPE MYRTLE DECORATIVE ALUMINUM FENCE WITH FLOWERING VINES/BREAK AWAY COLUMNS . . -- --- ------- Plant List Symbol latin and Common Nam.. INS-65 lI.x 'NeOle Stevens' Nellie SteveRS Holly LL-t08 Ligustrum lucldwn L1gustrum Tree LS.10 L1quidambar styraciflua Sweetgum 'Palo Alto' MG-6S Magnolia grendiflora Southern MagnolIa CCR-10 Cercls canadensis Redbud LL-t10 Llgustrum luc1dwn L1gustnlm Tree Ulmus plllVifolla Drake Elm . ,". .-.- ,:.Ic...... . ,.....~. :'" '. '-~' . . ...... . F.D.O.T. RETENTION AREA LIVE OAK CANOPy TREE EVERY 75' \\, o l ...... ........, -... '--........ '~ ...... ....." ( '-.....,>. . Iololg.-type 4 IoLdg.type 4 INTERIOR TREES: LIVE OAK/ SYCAMORE SHADE TREES, . 6 f'" Q.. 1D .~ ""- -0 ~ U\ 1<e-r~llCN ~ ~1p) 6' MASONRY WALL NOTES: I. . 2. 3. 4. 5. 6. ,. 8. 9.' . .0. -- 12' WAX MYRTLES (typ.) SIDE AND REAR PROPERTY LINES: ONE (1) CANOPy TREE SHALL BE PLANTED PER 100 LINEAL FEE~. ONECANOPY TREE WILL BE PLANTED PER ISLAND.' . . . . THE PROJECf BACKFLOW PREVENTOR AND ALL Ale UNITS SHALL BE SCREENED WITH PLANT MATERIAL THE SITE COMPA~OR SHALL BE SCREENED WITH LANDSCAPE MATERIALS AND A MASONRY WALL CONSTRUCfED Opt,EACH SIDE. EACH BUILDING SHALL BE LANDSCAPED WITH FOUNDATION SHRUBS, EVERGREEN GROUNDCOVER, AND S"^DE TREES. AREAS OF THE StrE THAT ARE NOT LANDSCAPED SHALL BE PLANTED WITH ST. AUGUSTINE SOD. ALL VEHICULAR USE'AREAS AND PARKING AREAs SHALL BE SCREENED WITH LANDSCAPE MATERIAL FROM ROAD . RIGHTS-OF-WAY, OVER 25% OF THE SITE SHALL BE PLANTED WITH LANDSCAPE MATERIALS. ALL LANDSCAPE MATERIALS SHALL MEET OR EXCEED STANDARDS FOR FLORIDA NO.1 PLANTS, AS SPECIFIED IN THE CURRENT. GRADED AND STANDARDS FOR NURSERY PLANTS, PARTS I AND II PUBLISHED BY THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE CONSUMER SERVICES. IRRIGATION SHALL BE PROVIDED FOR A"LL LANDSCAPE AREAS. . . Size Qty. T..... . Palms 65 Gal.; 1 Q'x5'; 3' Cal.; Full to Pot 8'xS'; 3' C,M.T.; 1-314' CaI; 3-4 Majjor Trunks; Matched 30 Gal.; 10'xS'; 2-112' CaI.; 4'C.S..T. ~ Gal.; 12'x6': 2-112' CaI;: 4'C.T..; Matched; Uniform;; Full 10'xS': Full 10'xS'; 4' C.M.T.; 3-4 Major Trunks; Specimen 10'xG'; 2' CaJ.; 10 4'C.S.T. 1\ ~ . ~Q .'N oj ,-(J ...0 00 o .50 EVERGREEN lSHRUBS' LIGlJS1'IUW, VI~ INDIAN HAW'I'IltORNE GROVNIOCOVERS JtJNIPDI, .IASMlN1 AaZN1fSIUWBS PO-3O Platanus occldentalis . 12'x6'; 2-112" Cal.; 15 Sycamore Unifonn. Matched: NurseryGtown 40 as-65 Quercus shumardil 65 Gal.; 12'x5'; Shumard Oak 3-112" Ca!.; 5' C.T. QV-6S Quercus \/Irglniana 65 Gal.; 12'x6'; 3 Uve Oak 3" CaI.; 4' C.S.T.; Matched 15 UP-OS Ulmus paMfolia 8'xS'; 2" CaI.; Drake Elm 4'C.S.T. 10 11 PROJECT SIGNAGE (typ.) 12 Shrubt, Ground Cover, . Sod JP Juniperus parsonil 3 Gal.; 1S'x18"; 24' O,C. 550 Dwarf Juniper Fun LL L1gustrum lucldum 3 Gal.; 30'x24" 3S. O.C. 650 Japanese Privet LM-E Liriope muscari 'Evergreen Giant' 1 Gal.; 9 P.P.P.; 18" O.C. 650 Evergreerl Giant FuU RI-W Raphiolepls indica 'Alba' 3 Gal.; 1S.x18'; 24' O,C. 200 .. White India Hawthorn Ful TJ-A Trachelospermum asiatlcum 1 Gal.; Full 12' O.C. 200 T elC8S LongIeaf Asian Jasmine VO Vibumum odoratisslmum 3 Gal.; 3O'x24' 36'0.C. 260 Sweet Vlbumum VS Vlbumum suspen8um 3 Gal.; 30'x24' 36' O.C. 400 Sandankwa Viburnum NP-S . Nerium oleander 'Petlte' 3 Gal.; 30"x24. 36" O.C, 95 Salmon Oleander 4 170 so DECORATIVE ALUMINUM FENCE/ STUCCO COLUMNS S.R. 434 ~ GJ 10'0; . Q'1: ..v ,l:) ~ (5 \D QJ Q. >. .p 0) 15 --' ..Q . b e ~';/Q ~\og' li-ft s-to. -tion si-te WETLAND AREA' 15' WMD BUFFER clulohouse leasing of'f'ice e.Menity aree. {). (~ . Q.'lC. L~ ,()~ 0' Jol O/g. i-- . -YPe 4 . A.C.O.E. JURISDICTION UNE,SJRWMD JURlDICI10N UNE . I . t..soo .'. ~ PROTOTYPICAL BlJI.tDING LA.NDSCAPE PLAN NiS. EARTH BERM/LANDSCAPE BUFFER (ALONG EAST PROPERTY LINE) ONE TREE EVERY 75' CONTINUOUS SHRUBS MEDIUM SIZED EVERGREEN TREE lJGUS'I'aLM.lLM NOTE: THE S.R. 434 FRONTAGE WILL BE PLANTED WILL WITH MEDIUM TO LARGE SIZED TREES TO AVOID A CONFLIcr WITH THE OVERHEAD POWER LINES. THE DENSITY OF THE TREES WILL BE WITHIN SUBSTANTIAL ACCORDANCE TO THE VISION COOKIDOR PLAN. FOR TREE TYPES TO BE PLANTED, SEE ABOVE TREE LIST"ING EVERGREEN' 5): .\DE TREJ; L1VEOA&, !o'CUoIOR~. .....:,. ..~'1:1.-...... ...11......: . . '#0', r "", ....p~J . . II . tf}...... /J1~:: .. .r ~. : J. ~ ~.' .~ ..,J III CIJ 0 ')' +01 ..q- . u o' . (1) oq- '. . \U .... . -- I ..eN. ~.f:N'') < ~ J . - C (1) r::-- '.l c. 0 ")- aoq- u _.~) _ CIJ .'\ ...... . . U- ,. . c: - ..J . C O.~ O-J~ .,. . 1'0 '.~ o ..:. CIJ-c.( III ~'C . (1) oj c:- r::l.J... III .26:..... a.. -0 :}) C ...... g, j) a \: .- +010 .r:: (1) E as .~-. . 'C . c: ::J '.J_ o c: - ~ Q) .- > -. > <: 6. L5 ~'L ....~ g'2 -C( Q) . C:or- a ll. U ..c 0 -:) .' ~ ~;:J DATE REVISION OOCUMKMTS RW'.ASDED FOR: DATE: OWNER REVIEW: ---_.. BIDDING PURPOSES ONLY: G,/ZLS/980021 TUS4PMAS- A JOB NO.: 9B002 DATE: 9/8/98 SCALE: 1'= 50'-0' DRAWN BY: So DESIGNED BY: . KV CHECKED BY: KV SHEET NO. 1 OF: 1 ~) . . .., ,- .~. :.~. S tB'49'or E 94J8' _.. _.. _.. _.. _.. _.._.._.._.. _.. _.._.. _.. _.. _.. _.._.. _.. _.. _.. _.. _. a_.. _.._.. _.._ .._ .._.._.._.. _ .._ .._.. _.._.._.._ .._. ._.._. ._.. _ . , ... -.. --:-.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -. . -.. -.. -.. -.. -.. -.. -...... -.. -.. -...... -.. -.. -.. -.. -.. -.. -.. -.. -.. 668 1_ 669 _ L_ 672 . I.- . 673 I. 67'1 . -L. . 671 _ ....J _ -..-..-..-.. ~ N ()(J'07'2/" E--------------; ~ tr) LESS OUT ., tr) (NOT INCLUDED) S 89'49'0'" E ~a ~~ "'''' Q Q ~ ~ ~ V) ~ '" '" EXISTING LAKE Q ~ V) POB LESS.-:J LESS OUT .2 (NOT INCLUDED) 67~ J 676 .--'-. 677 678 _L-.... .__ I. S -89'52' 3g- E I'3/)()' 6/10 679 . .1... . 1580/)(), . ~'- S tB'49'or E ADDITIONAL R/W BY ORDER OF -~. ~2 _ . _~3.. ___ ~~ _ _ _~__ ---------------------------- . -P} S 89' :J2'2Z' E 61108' ADDITIONAL R/W 8r ORDER OF T A/(ING PC ~.. --. - ..-. .-. .-..-.. -..-.. -.. - ..-.. -..-.. -.. _. ._.._.._..~.._.._. .-..-. ~ PROf'OSED (F DD.T. J RETENTION POND IU ~ ~ ~ ~ . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - .. -.. - . . - . '. -I> S tB'49'or E BOO/)()' SJRWMD / ACOE WETLAND & N ()(]'07' 2r E lOOJX)' IOtU!JfJ' U9'~ :1f1'E LESS our ., (NCtf/tCwoeOJ \ ItJO.DtJ' . rF~S--1 ~, COl'IYTl8nce at the Northeast corner o-f\,Section 8, Township 21 South, Range 31 Eoat, Seminole Count)'. Flo~ldo, thence run 500.24'55" E along the Eoat line of the Northeast 1/4 of sold Section 8 for a dIstance of 205.56 feet to the Nortnerly right-of-way 1 ine of the Lake Charm Branch of the 5eaboarO COost Line Roi Iroad Cl00' right-of-way); thence run N 54.34'51" W along sold Northerly right-of way I ine for a distance of.293.14 feet to 0 point on 0 curve concave Southwesterly having 0 radius of 1959.19 feet and 0 chord bear I ng of N 66 · 56' 09", W; thence run Northwester I y 0 I ong the arc of said curve and said Nortnerly right-of-way line ~ Q) ~ 'Vi I - 'S > I/) ~ t> ~ c: cf /' \:l ~ i: ~ -J a.. ~ a a::: <\J /' /' to the point of tangency; thence run N79 .18'14" W along said Northerly right-of-way I ine for 0 dIstance of 691.26 feet to the point of curvature of 0 curve conca~ Southwesterly having 0 radius of 2612.09 feet; thence run Northwesterly along the arc of sold curve and sold Northerly rlght+of-way line through 0 central angle of 11.46'38" for 0 distance of 536.92 feet to the point of tangency; thence run S88. 55'08" W 410ng said Northerly right-of- way I ine for 0 distance of 178.11 feet to the weaterly right-of- way I ine of Vistowi 110 Drive; thence run Nl()o"23' 19" E along said Westerly right-Of-way lihe for a distance of 16.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 540.00 feetl thence run along the arc of said curve and said Westerly right-of-wa~ I ine through 0 central anole of 69.00'18" for 0 distance of 650;36 feet to the point of reverse curvature of a curve concave Northwesterly hovlng 0 radius of 710.00 feet and 0 chord bearing of N7' .54'55" EI thence run Northeasterly alono the ore of sold curve and sold Westerly right-of-way line throuOh 0 central angle of 1".57'22" for a distance of 185.33 feet to the POINt OF BEGINNING; thence leavino sold Westerly right-Of-way line N 3_.22'39" W olong a non-radIal I j ne for a distance of 356.04 feetii thence run N89- 52' 39 H W for 0 dIstance of 2250.00 feet; thence run NOO.07'21" E for a distance of 100.00 feet; thence run N47.03-5'" E' for 0 distance of 292.95 feet; thence run NOO.07'21" E for a distance of 400.00 feet to the South right-of-way line of Stat. Rood NO. 343 (60' rlght-of- way); thence run S89.S2'39H E along sold soUth right-of-way' Ine for a distance of 1580.00 feet, thence run S89. 32' 22" E a I ong said south right-of-woy I ine for a distance of 611.08 feet; thence leavlno sold South right-of-way I In. run 500.27'38" W for a distance of 25..00 feet; thence rUl'l S 89'32'22E along 0 lIne 25.00 feet South of and parol tel with said South right-Of-way I ine for a distance of 395.00 feet to the poInt of curvature of 0 curve concave Southwest by havIng a radius of 25.00 feetl thence run Southeasterly alonQ the arc of Said curve through a central angle of 90.pO'00" for a dIstance of 29 27 feet to the point of tonQency; thence run SOO.27'38" W OlonO the westerly right-of-way 'line of Vistawl I 10 Drive for a distonce of 214.99 feet; thence run 505.15'00" E along sold Westerly right-of-way line for 0 distance of 100.50 feet to a point on 0 curve concave Northwesterly having a radius of 710.00 feet and a chord bear In<;;! of $32.26'56" W, thence run Southwesterly alono the orc Of sold curve and sold right-Of-way I ine through 0 central onole of 63.S8'36" for a distance of 792:79 feet to the POINT OF BEGINNING. ~ I/) \. Q) t a.. c: Q) ::.: i 8 ~ """ I/) 'It \I) ~ ~ I/) ~ /' .~ LESS THE RIGHT OF WAY OF $.R. 434 AS DEFINED IN THE ORDER OF TAKING DATED MARCH 24. '994, IN OFFICIAL RECORDS BOOK 2747. PAGE ~97, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. & SJRWMD " N 89"52':Jg- W 2250DO' 21OO./XJ' . HONELL CREEK RESERVE PHASE ONE AND ALSO LESS. 1.1) ANO AL SO LESS I c"2) Commence at the North.ast corn.r of S.ctlon e. Townsnlp 21 SOuth, Rono. 31 east. Seminole County, Florldol tnenc. run 500.24'55"[, alono the East line of tne Northeast 1/4 of sold Section e, 0 distance of 205,56 feet to the Northerly rIOht-of-~y line of tne L~. Chorm Bronoh of th. S.aboord Coost Line Railroad IS.C.L.' 1100' r/w)1 thence run N54.34'57.., along sold Northerly rlght-of- way lin.. a dlstonc. of 293.14 f..t to 0 point on 0 curv., concove Southw.sterly, ~vlno 0 cenfrol ongl. of 24.44'IO~ and 0 radius of 1959.19 f..tl tnance run North..aterly Olono the.arc of aold curv. ond.sald Northerly rl9"lt-of-way IIn., 0 dlatonoe of 845.83 f.ef to the point of tanoencYI thence run NT'.1"14-., olonO sold Norther~y right-of-way lIne, 0 dlafance of 691.26 feet to the polnf of curvoture of 0 curve, concave South..aterly, having a Central angle of 1,.46"8. and 0 r~lua of 2612.0' f..t, thence run Norfh..sterly, olonQ tn. arc of aold curve ond aold Northerly rlghf-of-way lIne, a dlatonce of "6.'2 feet to the point of tangency I thence run S8e.55'08~. along aold Nart..,.,.Iy rlgnt-of-woy line, 0 dlstonce of ITS.11 fe.t to the .e.terly rIght-of-way Ilne.f Vlatowllla Drlv.1 fnence run N1002"19.[. olong aoid .eaterly right-of-way line, 0 dlatance of 16.23 f..t fo the polnf of curvafure of 0 c....;,.. concove Soufheoaferly. novlng 0 c.ntrol onOI. of 69.00'18" and 0 radlua of 540.00 f..t, thence r un Nor theos ter I y a I ong the or c '?" aa I d cur v. or~ so I d W.aterly rIOhf-of-way lIne. 0 distance of 650.36 fe.t to the point of revera. curvoture of a curve. concove Nortn..aterly. ~vlng a c.nfrol anOI. of 14.57'22" and 0 radius of 710.00 f..t, tnenc. run Northeaat.rly olano the orc of sold curve ond "I. .eaterly rlghf-of-way I ine, a dlsfonee of 185," feet, fhenc. . 'eavlng sold ..sterly right-of-way line, N30.22"9.W, Olano 0 non- radial line for 0 dlatonce of '56.04 fe.t, thence run N.9.52'39". for 0 dl.fance of 2100.00 fe.f for 0 POINT OF 8EGINNINGI fhence continue Ne..52"'''., a dIstance of .150.00 fe.tl tnanc. run NOO.07'21"E for 0 dlstonce of 100.00 feefl th.nce 58"52"'.[, 0 distance of 150.00 feet; fhence SOO.07'21.., 0 dlstonee of 100.00 f.et to the POINT OF BEGINNING. Conmenc~ Of fhe Northeast cor,..,..,. of Section I, TOWl4ahlp 21-Soufn. Rono. 31 eoat. Semlnol. COII"tYI,rlorlclO, thenCe run $00024'55.E. olonQ the Eaaf line of file NOor'theoaf 1/4 of aald Section 8, 0 dlstanc. of 205.56 feet to the IllOrtherly right-of-woy line of fhe L~e Charm Branch of the S.c>>toord Cooat LIne AollrOOCS IS.C.L.' 1100' r/_'1 fhence run N54.'4'S','"., along a.ld NOrfher'y rlght-of- way lIne, 0 dlatonc. of 293. '14 feet to 0 point on 0 curv., concave Soutn..ater'y, hovlng 01 central ongle of 24...4'10. and 0 radius of 1959.19 f..fl tnance 'run Nortttweater 'y Olano the orc of aald curve ond aald Nort~ly' rIght-of-way lIne, 0 dlatanc. of '45.'S -:t..t to the pOint of 'tonoencYI thence run N79. "'14.., along aold NOrfherly rlght-of-~ line, 0 dlatone. of 691.2' f..t to the point of curvot". g,f 0 curv.. concav. South...terly, ~vlng 0 c.ntrol anole of 11...6.'U" oncI 0 rodlus of '$12.09 f..t, thenC. run North..sterly, 0101'110 the ore of aold ourv. ond lold Northerl)' rlghf-of-way lint, 01 dlafanc. of 536.92 f_t to fhe poInt of tono.ncn tnenc. run, S88.55'Oe.., Olono aald "!O'"therly rIght-Of-way lIne, 0 dl.tane. of'I78.11 feet to the ..aterly rl9"lt-of-way Iln. of vlatowlll,Q Orlve, thence run "'00"'1'.[, Olono aold ..aferly rlght-of-..oy line, 0 dlatonee of '6.2S f'.et to tne polnf of curvof". g,f 0 curve. coneov. Soutneoater.ly, havIng 0 central onOl. of ".00,'18. oncl a radius of 540.00 f..tl tMnc:e run Nortn.asterly 0101'110 fhe orc of acId CII'V. oncl aald ..aferly rlght-of-woyllnt,O,dlafone.of '50." f..t to fne point of revers. cur vat". olf 0 CII'v.. concave Nort"..ater I Y. havIng a eenfrol ongle of '..57'22" oncl 0 radIus of 7'0.00 feet, tf\enOe run Northeaster Iy alon4G the orc of acId OUI"Y. ond aold ...terly right-of-way line. 0 'dlafonce of 1'5.3' ...t, thence leavIng aold .eat.r I.y r IQrlt-O'f-'woy lIne, N30.n' ,.... along G non- ,.adlOl line for 0 dlatone. of 3'56.0" f..t, th*lc. run Ne'.52' 39". for 0 dlatance of 2250.00 fe.t, thence NOO.07' 21-E. 0 dl.tonee of 100.00 f.et for 0 POINT ~ 8lGINNING, thenCe run N47.0)'5'.E, 0 enatonee of 140.28 feetl thence Soo.07'21"., a dlatone. of '5.77 f..t, thence N8'. 52' '9 "W, 0 dl :stonee of 102.50 fe.t to the. POI NT OF BEGINNING. . R EVISIO N I SUBMITT Al DATE 'It DATE BY DE SCRIP nON DATE BY DESCRIPTION ~ DATE BY DESCRIPTION CITY Oft ~ 04-18-97 SVB ADDEO LESS 'lANO LESS '2 COUNTy ~ .".0. ~ 04-24-97 JAA REVISE LESS OUT el ~D '2 FIN"i. 0'1 " ~v-. 0'1 06-09-98 DLS COPIED fROM tus2\tus2skt.OOl & E9ITEO --. BID SE T " ? & REVISEO PER CITY Of WINTER SPRINGS 10-16-98 AS-BUlL T ..-..-.. S 89'eor E 13B3~:J' 5 ()(],Zf':Jtr If 25/JO' 5 89"32'~ E 395.DO' 6. 9t1'OO't:Jf7 !fa25.OO' L.2921' PARCEL "IC" S 05'15'OU E 1OO.!!iO' / 6-6S58' R-71ODO' L .79279' GROSS AREA LESS 434 R/W TAJ<ING LESS AREA ., LESS AREA -2 44.38 N:. 8.85 N:. OJI N:. 0.07 ,6C ACOE WETLAND PARCEL "/e" N :JtT22':Jg" 356.04' ADJUSTED GROSS AREA 35.35 N:. ALSO LESS. "", , I I If- 540DO' -; 64!1OO'1t/' L -650.J6' I , , , PC~ LPO'NT OF BEGINNING POINT OF COMME.NCEMENT /. NOffTHEASrCORNER ( . OF SE~TIOII'"21-JJ Q . EAGLES ONE ~ ~ t ~ \u ~ ~ III tl ~ ~: ~ l"l I I C~e at fhe Nortn.oat carner of S.ctlon I, TownshIp 21 South, Ranoa 3t ~t. S....lnol. County, r lorldo, thence run Soo.24'55"E, along ",. Eoaf line of fhe Norfneoat 1/4 of sal41 ..secflon 8, 0 dlatance of 205,5' ...t to the Northerly rlont-Of-WOy line of the L~e Charm Branch of the Sec>>oord Cooaf Line Rollroo<l IS.C.L. I 1100' r/_l; tnenc. run N54.34'57.., Olano aald Northerly rlght-of'- way lIne. 0 dlatone. of 2'3.'" feet to 0 poInt on 0 curve, coneave Souff\..aferly. havIng 0 c.ntrol enol. of 2...44'10. and 0 rOdlua of 195'.19 fNt, thence run Nortl'lweat.rly Olano the arc of aold curve oncl aold Northerly rlg/"lt-of'-way line. 0 dlatonce of '.5.'3 f..t t. the poInt of tangency, thence run N7'.1..,...., Olano aold Northerly right-of-way line, 0 dlatonee of '91.26 f..t to the poInt of curvature of 0 curve, concove Soutn..ater I y, novlng 0 centrol anol. of 1'.4"38" and 0 rodlua of 2'12.09 f..fl tnence run North..ater'ty. along the erc O'f sold curv. oncl aold . Nartherly rlght-of'-way line, 0 dlstone. of 5:S6.92 f..t to the po;nf of tonoency, thence run S88.55'08.., olonO sold Northerly right-of-way line. adlatoneeof178.11f.et to the ..aterly rIOrlf-of-way lIne of vlatowlllo Drlv.1 fhence run NIO.23'19.[, olano aold ~aterlY rl9"lt-of-woy lIne, 0 dlatone. of 16.23 feet fo the polnf of curvatur. of 0 curv., cancav. SOUfheoat.r I y, hovlno 0 centro I ongl. of 69.00'18" oncl a rodlue of 540.00 fMt, thenc. run Nertheosterly olong the erc of aald curve oncl aold w.aterly rIOrlt-Of-wall line, 0 dlatonee of 650." f.... to the poInt of r~v.,.a. curvotur. of 0 curve. ooncav. Nort,.....terly. hovlno 0 cenfrOl anole of '4.57'22. ond 0 rodlua of 710.00 f..t, thenC. run Northeasterly olong the erc of .old CUl"v. ond aold ..aterly right-of-way line, 0 dlatone. of US.3] f....' thence leavIng aold ..aterly ,.Ight-of'-way line. N30.22' 3'-., along 0 non- rOdlol lIne far '0 d'atone. of 356.004 f..t, tneno. run N8'.52"'.W. .0 dlatonee Of 2250.00 f..t; 'thenc. depor'tlng sold Soutn line, run NOO-07'2'-E. along aold .e.t line, a dlatCll'lOe of 100.00 f..t; thence N47.03'5'.[. 0 dlatonee of 292.95 feef, thenc. NOO.07'21.E, 0 dlatonee of 18.20 f.et fer 0 POINT OF BEGINNING, thenc. continue ~OT'21.E. 0 dlatonee of 170.'6 feet; tMnc:e S2'.~'2',,[. 0 dlstonee of 78.48 fe.f; tnenee N".52"'..,' 0 'dlatonee of 16.'T f..tl tnenc. 521.47'50.E. a dlatonee Of 7'.8' f..t, thence S55.38'IO.., 0 dlatone. of 51.83 f... to the POINT Of' BEGINNING. WATCH PHASE NIU2"t9'E 16.2" - , PT . &- - - - - - - ~ - - (18J' S88'SS'06'W Ro261tm /6."46'J8' I L.SJ6.9Z . - ""O!C_ 117: - - - - .-o!T "'/{J',.,.. , 691.26' .... .... / fto/959R 6.2"44'10' L~' CHORD BEM/JIG- N6G~ , , , , 0.. Pol" Oft Curve ... '<"~ ...~~ ... I I I I I I I I I I '-b ... 8:::j ... ... ... / .......~~ ... ,... .. ... ... ... ... ... NORrHERLY R1GHr~-Wk LINE OF THE LA/(E CHARI/ BlfNICH OF' THE SEABOARO COAST" UNE RAILROAD LEGEND OCl t 91998 N: - ,fCRES POS - POINT Oft' BEGINNI PC . POI"" OF' CURvATU' ,..,. . POINT Q/" TAN" POC - POINT. ON A CC/RII ,,/W R/GH1'.<JFJNA1' BoWYER&NOLETON & ASSOCIATES, INCORPORATED SEMINOLE COUNTY FLORIDA .Tt SKETCH OF DESCRIPTION ...,....... e ",A..'.. . ...n.".. . ..v,a.....'AL. ~20 SOUTH MAGNOLIA AVENUE I ORLANDO, FLORIDA 32801 407-843-5120 . FAX 407-649-8664 PARCEL 1C FiE '-"'!o.' newplref t.. "jJI' ,;:: ;'":,' ~ ;' o . , - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . -. . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . ~ - . . - . . - . . .. . .. 668 1_ S 89'49'Dr E 94J8' 669 '. .L . 671 --l . ,672 .1-_ 6[.3 674 _ .J... _ -..-..-..-.. S 89'49'07" E ~a 10." ~ ~a 1010 ~ ~ Vl :t EXISTING LME LESS OUT -3 (NOT INCLUDED) LESS OUT -2 (NOT INCLUDED) POS LESS.-2 N cx:T(J7' 2,. E IODDO' ~ I\j "- II) -! ~ .... -" ~ ?i ~ ~ ~ ~ E a .....J Q.. ~ & C)/ -" c: o II) ~ ~ Q.. c: Q) l( ~ :l( II) ~ II) ::J .... ~ II) ~ <. ......, ~ ~ ~ ~ "- 01 , ~ DATE BY I!(U)(T POS' LESS'-" POS LESS.-' ~, Commence at the Northeast corner of Section 8, Township 21 South, Range 31 East, ~eminole County, FlorIda, 'thence run ~00.2,,'55" E alonQ the East I ine of the Northeast 1/" of said Section 8 for a di'stance of 205.56 feet to the Northerly rIQht-of-way I ine of the Lake Charm Branch of the Seaboard Coast Line Rai Irood Cl00' riQht-of-wayll thence run N ~".3"'57" W alonQ saId Northerly right-of way I ine for 0 distance of'293.1" feet to a point on a curve concave So~thwesterlY hovinQ Q radius of 1959.19 feet ond 0 Chord beorino of N 66 056'0~", W; thence run Northwesterly olono tne ore of said curve and said Northerly ~iOht-of-woy line to the point of tonQencYI thence run N79 .18'1.... W alonQ saId Northerly rIQht-of-way lin~ for 0 distonce' of 691.26 feet to the point of. curvature of a curve,concave Sou~hwesterly hovlno 0 radius of 2612.09 feet; thence run Northwesterly along ~he arc of sold curve and sold Northerly rloht-of-woy 'Ine through 0 Central onQle of 1'."6'38" for 0 dIstance of 536.92 feet to the point of tongency; thence run S88. 55'08" W Olong said Northerly riQht-of- way lIne for a distance of 178.11 f.et to ~he Westerly rloh~-of- woy I ine of vistawi 110 Orivel thence run N10023'19" E along Said Westerly right-of-way line for 0 distance of 16.23 feet to the pOint of curvature of 0 curve concave Southeasterly having 0 radius of 5"0.00 feet, thence run alono the arc of soid curve and said Westerly right-of-way line throuQh 0 centrol anQle of 690 00' 18" for 0 d I stance of 650.36 feet to the po I nt of reverse curvature of 0 curve concave Northwesterly having 0 radius of 710.00 feet and a chord bear'ng of N71 .5,,'55" EI thence run Northeasterly along the ore of sold curve ond sold Westerly right-of-way lIne through 0 central angle of 1"057'22" for a distance of 185.33 fee~ to the POINT OF BEGINNINGI thence TeavinQ sold Westerly riQht-of-woy lIne N 30022'39" W OlonO 0 non-rod I 01 I ine for 0 distance of 356.0" feetl thence run N89052'39" W for a distance of 2250.00 feetl thence run NOoo07'21" E for 0 dIstance of 100.00 feetj thence run N..7.03-59" E for 0 distance of 292.95 feet I thence run NOO. 07' 21" E for 0 d i stonce of 400.00 feet to the ~outh ~Ight-of-way line of State Rood NO. 343 160' right-of- waY)1 thence run 589.52'39" E olong saId south rtgh't-of-way line for 0 distance of 1580.00 feet I thence run 589032' 22" E 0 I ong sold south riQht-of-way I ine for 0 distance of 611.08 feet, thence leoving saId South riOht-Of-way I ine run 500.27'38" W for o distance of 25.00 feet, thence run 5 89.32'Z2E along a lIne 25.00 feet South of and poro' lei with saId South right-of-way line for 0 distance of 395.00 feet to the point of curvoture of 0 curve concave Southwest by having a radIus of 25.00 feet, thence run Southeoster'y along the ore of sold curve through 0 centro I anQle of 90.00'00" for 0 dIstance of 29 27 feet to the poInt of tongenCYI thence run 500.27'38" W along the Westerly riQht-of-way line of Vistowi I 10 Orive for 0 distance of 214.99 feetl thence run 50S.'5'OO" E along sold westerly rIOht-of-wQy lIne for a distance of 100.S0 feet to 0 point on 0 curve concove Northwesterly having a radius of 710.00 feet and a Chord bearlno of 532026'56" WI thence run Southwesterly along the orc of said curve and sold right-Of-way line through 0 centrol" ongl. of 63058'36" for 0 distance of 792.79 feet to the POINT OF BEGINNING, LESS: THE RIGHT OF WAY at S..R. 4304 AS OEFINEO IN THE OROER OF TAKING DATED MARCH 2~, 1994, IN OFFICIAL RECORDS BOOK 27~7, PAGE "97, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 675 J 676 _-1_ ~~ _ _ 6\~ S tSS2' 39' E 133/XJ' 1580/XJ' ADDITIONAL R/W 8r ORDeR OF TAJ<ING S 89'49'rJr E . 679 6110 .1 '. . . (!1-.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. - ~ 1.383.s~ S ()(J'Zf' 38' w ~/)()' 661 _-1.. 682 _I 68.3 ~ N OU07'2rE~ ~ ~ i~ PROPOSED (F DIJ.T.J REiENTtpN POND ~ ... tn ~ Vl o I8"MAPLE o I9'MAPLE o IO"MAPLE · IS.PfoNE ~ ~ ~ Ii\ 102~ 47,50' 5811'52' .39-E ,~ Liss out -I' (NOT IIfCWCED) ~ . . - . . - . . _... - . . - - . - . . - . - - . . - . . - 0 . _ . . __ ._ _ '. . _ . . _ . . _ . _ ,_ ~ . _ . . _ . . ~ ~ IrPINE '018"MAPLE ftI"", E . 20" PALM 17" LE B . 2crC.PALM S tS4~ Vf ~PALM I2"PINE . .' 24"OAX O'4"MAPLE .' 14 PINE "'-.. · 0 f7'OM I4"CPALM 0 IS"MAPLE 6' wood fence cor. 1.47' south HOWELL- CREEK , PHASE AND ALSO LESSI .., I COMmence at the Northeast corn.r of Section 8, Township 21 South, Ronge 31 eoat. S.TlnOle County, Florldol th.nce run S00024'55.E, Oleno the East line of the Northeast 1/4 of sold S.ctlon 8, 0 dtatonce of 205.56 f..t to the Northerly r'gnt-of-way lIne of the Lak. Charm Broneh of the Seo~oard Coast Line Rollroad IS.C.L. r . 100' r/w'l thence run N54.'4'57.W, along sold Northerly rlght-of- woy Ilhe, 0 dlatonee of 2".14 fe.t to a point on 0 curve, concave Southweaterly, having 0 cent~ol enol. of 24.44'10" and 0 rOOlua of 195'.1' f.et, thene. run Northweat.rly along the orc of aold curv. ond sold North.rly right-of-way lIne, 0 dlstonc. of 845.83 f.et to the point of tongency, thence run N79.,8'14"W, oleno aold North.rly rl~t-of-way line, 0 dlstone. of 691.26 f..t to the point of curvature of 0 curv., concav. South_sterly, having 0 central angl. of 11.46'3." ond 0 radlua of 2612.09 feet, thenO. run Northweaterly, along the ore of sold c.....v. and aold North.rly right-of-way lIne, 0 dlatonce of 536.92 f.et to the point of tangency. thence run S.e.55'OeM.. olonO aold Northerly rIght-of-way line, 0 dlstonce of 17e.ll fe.t to' the Westerly rIght-of-way IIn. of Vlstowl 110 DrIvel thenCe run Nl0.23'I'"E, along aotd ..aterly rIght-Of-way lIne, 0 dlstone. of 16.2' fe.t to the poInt of curvoture of 0 curve. coneave Southeosterly, havIng 0 o.ntrol ono'. of 6"00'le" and 0 radlua of 540.00. f..t, thence run Northeoaterly olano the orc of aold curve ond ao." .eaterly rIght-of-way 11n., 0 ellatonee of 650.36 fe.t to the poInt of reverae ourvoture of 0 curve, concave Northwesterl y, hovlno 0 c.ntrOI anOI. of 14.57'22" and 0 radIus of 110.00 f..t, thence run Northeasterly Olong tne orc of sold curv. and aold Weaterly ~Ight-of-way line, 0 dlatonee of '''5.33 f..t, thence 'eovlno SOid Weaterly right-of-way lIne, N30.22"..., olang 0 non- rodiol Iln. for 0 dl.tonce of 356.04 feet, thence run N89.~2'39.. for 0 dlatonce of 2100.00 fe.t for 0 POINT or 8EGINNING; thence contInue N8'.52' 39"., 0 dIstance of 150.00 feet, thenoe run NOO.07'21"E for 0 dlatonc. of 100.00 f.et, thence S"'52'39.E, 0 dlatonee of 150.00 feetl th.nce SOO.01~21"W, 0 dIstance of 100.00 f..t to the POINT OF BEGINNING. DESCRIPTION DATE BY REVISIQNS DE SCRIP nON au ... ." t ..(5 ~ 20" . IS" 18" · · 24" · · /l' 17" 20" . /l'PINE . . I2"PINE I6.PINE . f7.PINE . I4"PINE 13"JPINE . 4.. I2"PINE . IS"PINE _ I2'PIN I2"PINE 'i"" /l"PINE I9'PINE 2crEiN~"'i:.. · I2'PINE ZKJdi:x1,t?PulE It . . I2'PI ./ ~~ / r,<Y ~O o ~. (,0 <,I '-s. ,J, 6' wood fence , RESERVE:- ONE AND ALSO LESS. l~l C.~nce at the Northeoat corne". of S.ctlon e, Town..,'p 21 South, Range ".oa~. Setnl no I. C,*,ty', F lor' dO, thenO. run $000'24' 55"E, olonO the Eoat line of tht Northeoat 114 of ao'" Section 8, 0 dlatane.. of 205.56 f..t to the IMortherly rlght-of-woy lIne of the Lake Charm 8roncf'l crl the Seot>ooarel Coost Line Rol 'rOOCl IS.C.L. I 1100' r/wl, thence run N54'S4'S.'"., o'eno sold Norther'y rlght-of- way line, 0 dlstone. of 2'3. '4 f..t to 0 paint on 0 CIUl'"ve, coneav. South..aterly, having Olc.nt~ol anol. of 24.44'10" and 0 rOO.U11 of 1'59.19 fe.tl th~.I"un Nort"weaterly 01 ant. the ore of aold ourv. and aold Nort".,.ly, rIght-Of-way line, 0 dlstonee of 845.83 f..t to the point of tonO.ncy, thence run N19.'" 14"., Olong aolel Northerly rlght-of-wooy lIne, a ellatance of 691.26 f..t to the point of curvature O!f a c.....v., concov. South..ster'y, havIng 0 central onole of 11046""" on<I a radiUS of 2612.09 fe811 'thenCe' run North_sterly, OIO!tOO the ore of aold curve and aold Nort..,.,.,y right-of-way line, 0' dIstance of 536.92 fe.t to the paInt of tongencYl thence run, S8..55'0."., along aOld Northerly rIght-of-way line, 0 dlltoneel of 178.11 f..t to the ...terly right-Of-way Ilhe of vlatowltla Drive, t~e run Nl002"I9"E, Olano aold .esterly rlght-of-wooy lIne, 0 dlatone. of 16.2' f..t to the poln't of curvotlre CIIf 0 curve, conco:"e SClUtheoaterl y, havIng 0 o.ntrol anole of "0001'18. and 0 rad'US of 540.00 f.et, thence r..., North.asterly olOl'1tO tne ore of acid OUl"ve and aold "aterl~ ~Iont-of-way line, 0 dlatonee of 650.56 feet tp the point of revera. curvotuP'. 0If 0 ourv., oonoave NoI""hweater I '1, havIng 0 centro I anol. of '.4051"22. on<I 0 rOOlus of 710.00 f"f, tnenoe run Northeoaterly 010l'1t0 the ore of solei curve and tOld weaterly right-of-way lint, a dlatonce of 185.S' f"', 1'hence 'eavlng acid ..sterly rlgnt-of-'woy line, N30022"9.W, olano 0 non- radIal I Ine for a dlatoncl8 of 31~6.04 f..t, thence run "".52'39M. for 0 dlstone. of 2250.00 f..tl th.ince NOOO07'21"E, 0 dl.tonee of 100.00 f..t for 0 POINT Of RGIINNING, thenc.. run N47.05'59"E,. a dlstonee of 140.2S fe.t, thence, Soo007'21"., 0 ell.tonee of IS.77 f.etl thence N8,052"'.W, 0 dl stonce of 102.50 feet to ~he POINT OF RGINNING. SUBMITT Al DATE. DATE 04-18-97 04-24-97 06-09-98 BY SVB JAA DLS DESCRIPTION ADDED LESS 'lANO LESS '2 REVISE LESS OUT '1 AND '2 COPIED FROM tus2\tus2skt..001' EOITED . CITY OR COUNTY w....o. fllUl. ~v'" lIlD SO , AS-8UIl T 6114 S 89'49'or E 22' . 24" 19' .,9' .22' 24" . 23' .. 18" 16' . 16. 20" .. 22' 18" 24". 20". 2S' · 24" . 14" ... 2r ... 16' 19' , . 20" PARCEL "/e" TReE LEGEND o GROSS AREA LESS 434 R/W LESS AREA -I LESS AREA -2 TAKING - 0$ lfldlct1ftJd G - maple ADJUSTED GROSS AREA ~ - pafm ALSO LESS. '''1 C~e at the Nor.theoat corner of Sec~lon e, Townehlp 21 South, ftonge 31 .oat. Semlnol. County, Florldo, thenCe run Soo.24'55"E, olano the Eoat line of the Northeoat 1/~ of aold Sectlan 8, a dlatonee of 205.56 fe.t to the Northerly rIght-of-way line of the Lake Charm Branch of the SeaboClI"d Coost Line Railroad IS.C.L. I .'00' r"wI. thence run N54.34'51.., o'ong aold Northerly rlght-of- way line, 0 dlatance of 2';.14 feet to a point on Q curve, concove Southweaterly, haYing a centro I anole of 2..44'10. and a rOdlus of 1959.1' f..t, ~e run Horth"sfer'y Olano the oro of sold cur'll/. C?"c:l aOld Northerly right-of-way line, a distance of 845.83 f..t to 'the poln1' of tangency! fhence run H79.1S'14.W, o'ong .01 CI Northerly rIOl'\1'-of-way line, 0 elI.tanc. of 691.26 ..eet to 'the poInt of c.,."oture of a ourv., concov. Southweaterlll, hovlng 0 centro I angle Of 11.46"8" and 0 rodlua of 2612.0' feet, thenC. run Northwester.y, olano the ore of aold Curve and aald Northerly rlO1'\t-of-way lIne, 0 ellatane. of 5'6.92 f..t to the paInt of tonoency, tNnc~ run SS,055'0."., Olano SOld Norther'y right-of-way lIne, 0 dl.tonce of 178.11 f..t to the ..sterly rlgh~-of-way lIne of VIstowlllo Drl"el thence run NI0023'I'"E, olonO aold "sterly rIGht-of-way line, 0 d'atanee of 16.23 feet to the paint of c:c.rvoture of 0 curv., concav. SoutheOflter'y, havIng 0 centro I angl. of ft.oOO'IS. and 0 roCllUII of 5~0.00 f....' thenCe run Northeoaterly Olano the ore of sold curve on<I aald .eaterly rlght-of-WOY line, 0 dla~~ of 650.36 fe81 to the pa'nt of reverae OUl"voture Of 0 ourve, concav. Northwest.,., '1, havIng 0 central angle Of 14.57'22" on<I 0 roo.ua of 710.00 f..t, thenCe run NortheosterlY Olano the ore of sold curv. and aold .e.ter'y right-of-way line, 0 dl.tance of 185.33 f.etl thence leavIng aold .eaterly ,. '"",t-of-way "ne, N50022' "... olono 0 non- rOOlol "ne for 0 dletonee of 356,04 f..t, thenCe run N89052'39.., 0 dlatance of 2250.06 feet, thenCe oeportlng aold South lIne, rur MOOOOT'21-1, along aold W.at II he, 0 dlatano. of 100.00 f..t, thence "41001'59"[, 0 dlstonee of 2'2.95 f.etl thenCe NOD.OT'21"E, 0 "'.tonee of 18.20 fe.t for 0 POINT OF BEGINNING, thence oontlnue ..oo-01'21"E, a dl.tonee of 170.96 f.etl thence S28.05'tS-[, 0 ellatonee of 78.~e f~.tl th.nce NS9.S2'S9"., ,0 dlstonee of 11.11 feet, thence S21'~7'50"E, 0 dlatance of 13.8' feet, thence $55.'8'10"., 0 dlstone. of 58.'3 feet to the POINT OF BEGINNING. . , -~- - ---~~ . - ~- ---~-- ~---------------------------- ADDITIONAL R/W 8r ORDER OF' TMINfJ 5 B32'2Z E 395/XJ' A- 9f:/OO'OO' R-251JO' L -292'1' 19' . PARCEL ./C" 24" . 20" . o II" 23' . ,g- 19' . 14" Ill" '~. 16" .. Iei' . 22' 24" . . 22' 2r . . 19' .24" 24" . 22- 122- IS- '24" " . 18" . . 22' . 18" FOUR I2'C o 19' I~ 2r~ 24" F' .. 19' 19'-.,.-I~ 22" . 20" 12' OM o 18" · 22' . "' POC . 20' 18" "20" 2r . 20". 16" . .20' .20" 20" . ,~ .24" 2U . 20" .22' 18" '18" . .,8" 19' . 23' . 14" o o '"';6' 12'. 18".. 18" 16" .. 16" 16' · .24" 19' . . IS- . .26" .22' 24" 10" .. 20" ~20' 26' 2'1" 18" . 2.C1'. 18" ~ C 19' /l. 22' 19'. . 6- 6S!11''' R-7IODO" '-- L.79229' 18" · · 2r N 89'52'39' W 2250DO' o TWINI2' . 2Cl' 20' , 24" 22'SWEETG " >>22'39- w 3!!J6JW 2 44.38 AC. 8.B5 AC. OJI AC. 0.07 AC 12' o 25" .. 20" . 22' 35.35 AC. / I I - I I I I I PC~ LPO'NT OF BEGINNING R- S4O.tX1 6-69YX1 fl1' L-65O.36' EAGLE S WATCH PHASE ONE NK72J'/9"E 16.23' - I 'T &- - - - - - - -0- - - "&If S88'55'08'W ffot612JW /6-tr-f6'J8' I L0SJ6.92 -- .rc "'0 ____ - - PT NT9'I/J'I.".. -0..:_ 691.26' ... ... / R-I959H 6"2't+f'KY L -MJI3' CHORD BENHNG- N66''56'Oft .... .... .... .... , 0.. PoIrt 0/1 Curve , .... $-s. ,"'J.: '~~ .... F::::j ... ... ... /..........~J' ... ....'" .... .... ... ItOff1'HERLY RfGHT<JF.If1Jr LINE OF THE LNCE CHARM 81IN1CH OF THE SENJONID COAST UNE RAILROAD ... ... LEGE"O ~ .~ ,I',l";,,t -:, .{ . POINT OF ( CO"UEN. 'CEI/, f:NT IIOIfrHEAST CORNER . OF SECT'ION tJ-2"" r;J . , I I I ,~ 'I~ ~ b: ~ ; !.&.I ~ W ~ ~ ... ",i I I I I I I I I I I "'-b N: - N;RES PaS - POINT OF /JEf;INNI J1IC POIIff OF CURtI ATU PT - f/IOIlff OF T NKJE POC - POINT ON .A Ct,IRII R/W - RfOlff-DF'-tfAY OCT 1 9 1998 SEMINOLE COUNTY GLEION INCORPORATED TREE LOCATION MAP ....,........ . PLA...... e '''..'YU'. e ............'AL !)20 SOUTH ....AGNOLIA AVENUE : ORLANDO. FLORIDA 32801 407-843-5120 . FAX 407-649-8664 TUSCANILLA F'AlfCEL Ie OATt Il(SlDICO ~ ~. ,NO.tet .110. \V"< .~ 'r ~..