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Home My WebLink About2001 03 14 Regular I Site Plan Changes - Avery Park Project COMMISSION AGENDA ITEM I Consent Informational Public Hearing Regular X March 14,2000 Meeting ,~ Mgr. / Dept. Authorization REQUEST: The City Manager requesting the Commission sitting as the Development Review Committee for the Town Center, to review Cahill Enterprises, Inc. requested site plan changes to the Town Center District Center District Code for a project known as Avery Park which is located on the southwest fringe of the Town Center west of Tuskawilla Road. PURPOSE: The purpose of this agenda item is to present to the Commission, sitting as the D.R.C., for their consideration, the request of Cahill Enterprises, Inc. to make changes in the design of A very Park that are not in strict compliance with the code. APPLICABLE LAW AND PUBLIC POLICY: Review Process Applications are subject to review by the Development Review Committee. The Committee shall have authority within reason for approving all aspects of site planning and exterior architecture, including aesthetic appropriateness, environmental implications, traffic impacts, and any other site-specific matters not delineated herein. CONSIDERA TIONS: Private Gated Communities, Private Streets . A very Park is designed as a gated fenced community with private streets. . The Town Center code does not specifically address gated communities. Fences MARCH 14,2001 REGULAR AGENDA ITEM H Page 2 of2 . The Town Center Code does not provide for security fences around development. Since Avery Park is being proposed as a private gated community Cahill Enterprises is requesting a privacy fence system around the development. . Fences shown on the site plan along the northern boundary and behind lots 77 through 87. The maximum height is six (6) feet. Elimination of 25 foot Wetland Setback · Cahill Enterprises is requesting three changes relative to the 25 foot wetland setback as following: I. Construction of a concrete block wall on the project lines adjacent to wetlands to prevent storm water run off from entering the wetland prior to treatment. 2. Constructing a lO-foot alleyway within the setback to conform to Town Center design. 3. Reduce the width of the setback from 25 feet to 14 feet to accommodate the Town Center design. FUNDING: Not Applicable RECOMMENDATION: Staff will provide recommendations at the Commission meeting. A TT ACHMENTS: Proposed Layout COMMISSION ACTION: ATTACHMENT A IUWlrIJflN7J.-r.JJI~"""~\ -.- 1O(11:nr:JI#fJl$~~'r I~ rr5INIO l(V,.,n , --~-------------~~~----------------------~~ , .cxr~ .(J(7;I- I II I '" ! I I I I __ __ __ __ I Ilell~I~;t ~ ~~;::: ~ l!l III ;;:' ; I 1/ I , .-- -- ROC' I ' - Q.~ I~ I I I I I I ~ I I i 10 i ; '" II~.. ~ ~, I I In 11.' 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'" " < < ..: i. ~~ .~h t!) 8th: :z: . ~~ - }.~ r.i'TI ~ h~I (,l " o ':tti ., I~' '" ,. 0< I~ ~'5 . i A VERY PARK SITE PLAN ^' Dover', Kohl Memo (02/02/01) ^' Dover', Kohl Memo (12/29/00) ^' Copy of Site Plan ^' Morrison Homes Floor Plans ,and Elevations ,~ Fr~-dz-zOOl 11:3SAM FROM- T-073 P,OOl/00Z F-Z61 DOVER, KOHL &: PARTNERS [Own pl~nning Memorandum To: Charles Carrington City ofVlinter Springs From: James Dougherty Date: Feb 2,2001 Subjecr: CHC Subdivision Charles, this memo expands the explanation of our position on several aspects of the eHe Subdivision: Regarding the widths of the "Landscape Tracts~~ The Town Center District Code requires 6 foot sidewatks with 6 foot planting strips for street trees. These dimensions are designed to accommodate the heavier pedestrian traffic of a mixed-use town center. The project in question is located a fair distance from the Main Stre~t and is mainly residential. For these reasons? 5 foot sidewalks with ..2. foot planting str1...os should be functionally adequate for this location. 5 foot planting strips should be checked with the City Arbarist to ensure that they are wide enough for substantial shade trees. Regarding backs of lots faCing Milkv Wav The intent of the V,rl.lm~r Springs Town Center Master Plan is for streets to be defined by the fronts of buildings. A situation wbere the backs of buildings face the fronts of other buildings across u street is fundamentally disruptive to the creation of a pedestrian friendly street space and should be avoided at all costs. Lots should only be allowed to back up to Milky Way if there is an agreement with the County that Milky Way will be transformed into an alley, with the lots on its northern side backing up to it as welL Regardinj:!: Gates at the entry of the project One of the main physical requirements of a pedestrian-friendly mixed-use Town Center is an interconnected system of streets fronted by buildings. Pedestrian and vehicular traffic must be free to circulate for the Town Center to function properly. Gating portions of the To\.\'D Center will result in isolated individual pieces never adding up to a greater whole. Alternate" exist which may be employed without co romisin an 0 e connecte street networ -, nese mclude: secunng individual block perimeters oatin the all / entrances if desired), securing individual lot perimeters, and constructing guard houses at the entries to the proiect (without gates). Special care must be taken in the design of guard houses that they provide security and a sense of project identity while enhancing the character of the Town Center. F~8~l-ZOO 1 II: 35AIA FR01A- T-OT3 P.OOZ/OOZ F-ZGI ; Regarding sin21e story units The rwo story height minimum in the Town Center was created for several reasons. Multiple stories make possible the vertical mixing of uses. Uses must be as close to one another as possible for synergy to occur. Multiple stories also create the high degree of spatial enclosure essential to creating quality public spaces. This project is located a fair distance from the Main Street and is primarily residential, so the facilitation of a vertical mix of uses, at least ar the present rime, becomes somewhat less crucial. For this reason, one story units could be mixed with two story units in this project without necessarily creating adverse effects. Several measures are necessary to ensure a high quality result: 1. Fewer than half of the units should be one story to preserve proper spatial enclosure or-the streets. 2. Two story units should be required in locations of important visual significance, . including corner lots and lots tenn1t)snng street vistas. 3. The quality of architeCture of all of the units should be high. Special care should be taken in the design of the sides of comer units facing streets. The sides of comer units are presentation faces just like the fronts. They should therefore have well proportioned facades with an adequate quantity of windows to avoid a blank or unbalanced look. 4. Special care should be taken that the one story units have an elevated finished floor level and generous ceiling heights. This will help maintain spatial enclosure of the streets even though some of the units are one story. ; .. Do,,____ - 29-00 04: 27P Dove. __ Koh 1 & Partners 30 666 0360 P.Ol DOVER, KOHL 6;;[ PARTNERS :L'~r. pJ"r.nir.t: Memorandum To: Charles Camngton Cit) \JI'\1.':inl~r Sprmg~ VIetor Dl1\t'r ee: From: Jall1l'~ u\ I:..:\.!he,[ \' ~ " Dale: [)e~ :'9. ~(i()n Subiect: Tusbwill:l Road Pruj'.::cl plan" Ch~rk". The pJ:ms :'0U S::111 for OUj :cvicw of the Tusk:lwiIi~ Rt)ad Pruject app~ar to oe coming along quite well. The project has many feature" whidl m'-lke ii a good example of the inten~ or the \Vll1ter Spring~ Town Center Master PlaIl. These include: * The interconnected nct'\vork of blocks and str~el." .. F:rvor3bk block dimenslllns ... Prop..:r Ironl-huck rebtiollshlPs of <.III iot~ .. Narruw streets with cuntinuou~ green ~trirs and sidewalks * A t:(lmp,ehen~i\'e <.Illey ~ystem " A street network cksigJ1Cd w conI1~C~ WIth future sUIT()unJing pTllJects .. Retention designed as ar. amenlfy fronted by hl1uses aCTDSS <l n<.lJTOW street, Heiow are respomes to :hc specific issues YOll r;11S2d: 1- Reg:lrding ;t,)Jf'~ widths: The Town Ceme, District Code requires alle\'s bur is silcIll about alle\' dimensIOns 111 - -' favor ()fn~xibility. P<Ivement widths of 14 feet for the alleys should b~ line, We have actually seen cx:unplcs of alleys \vith pavement widths as narrow as 9 or 10 fec:! that work \\':11. The plans sho\\' th...:: lu!al width or the ~11e)' easement a~ 21 to 2) fee!. ',\'hich comph('~ WIth lk' ell.\ Cuu.e requirement. This extr<l width will also provide the nt:l:eSSJ':, room f()J t1.Jfning movements mto and Out of rear garJge~,' park ing areas. 2- Regarding Jot dimensions: r .uts 45 to GO fee: III width and l:S feet in d::ptb should be tine, The mt~ntllln of the Town Cemer M;1Sr~j Pl:u: is to crc3~C 3. d;::nsc urban ml.>;cd-llSl: environment near the new :\.bin Slr~~!, This pro,l;;ct. hClWCVCr. I~ foir cnuutd1 <lW,:y [rum the !\1ain Stree>t thLlt reILltiv~i'\ c-)n:,;t!\. 5;:1<1''':::(. (k:J(:;l~d sin~lc filmijv nUllSt:'S shouJJ he fine, . ". '-..' }- Regarding slrt't'1 diml'mions; The naITo\" 5trl'l'1 ll;:nensioi1S shown are fine trum ;m urban Jesign standpoint as this project appeaLS brg~Jy rcsiJentl..d thu~ requiring less continu()us (In-stre~t parking, We are definitely ill io\'or ut'kt'epll1g pavement widths to ~ minimum. The lots arc served with alleys thJoughl1U!, Sll mOST of the pa:-king wi!: be oIr.$ln.:t:! The srreet!\ with bec-29-00 04:27P Dover. Kohl & Partners 30' 566 0360 P.02 pavement widt.hs of 23 a:ld 21 reet c;m tolerate occasional ni1-str~d parking and rllncti~1I1 as two-way gi\'e-wa)' str~ets, The 19 foot street ma)' nn:J to he one-way If on-street parking is to be pcrmllted. Street dimensions should be double checked \....it.h local officials to cnsur~: that lirt: tr.lck and trash colkcliul1 acc~ss is accomodated, With regaru to the sidewalks and green strips located outside the right of way, this scclm mainly :1 question of rnainl~nance, \Vill therc be 3 n~ighhurhood association nr Sllme other rncchalllsm maintaining the sid;::walks amI green strips'! Below are some addititlnl:ll commems.' concerns: I. There does /Jot appear to be an)' mention of street trees in the plans sent to U~ I'm review. 'rlle green stflpS between the sidewalk and strcet should be planted WIth regularly spaced street lree:; throughout. The 10' landscape tracts through m()st of the projcc; shnulJ he wide enough to accClmmtlliate a 4' sidewalk plus stTet:t trees. The 7' lanch<.:ape tracts shown In certain locations arc, howcvcr, too naITOv.' to 3ccomrnlJd:lte both a 4' sidewalk and stTeet n'ees ill tile grl'en strip. 2. Adjac:ent projects, when designed, should be required to connect their street networks with this project's street network, This ",,'ill. in the future. provide this project wlln more than one entry/cxit pomt. As mentioned earlier. this project does a good job of stuhhinf: out streets to accommodate these future conIlcclinns. 3, The three-dimensional detailing of the project will be t:ruc:iul. As much CJrc should be t.'lkcn in the Je~ign and placement of the i1rchit~cture as has b~cn taken in th~ design of the plan to fulfill the intent of the V./imer Springs TOwn l.entt:r Master Plan. We appreciate the opportuniTY to n~nt'w these plans and lL"Iok f'orwarJ to seeing ho\),' the. project progresses. / , ~ -- - -...:.:. -/~ - ? ,..... ".' .~.,,~? l~;. L' ~ (-l ~' . ~ '7~.. James Dougher)' novel', Kohl &. P~r:n('rs /' / . .~ '.' ..... , ' ...:-_/ /" .: .'. , 7' , ___' :cs ~ ~ j ~ ~ ~ ~ ~ ~ ~ ~ ~ "" c: ~ ~ ~ ~ ~ ~ ~ ~ c:::: ~ -'( ....,; I'f) L{) cR L{) ~ ~ I'f) DATE 100 ./- ~RE PRESEFNE (Forested) BY DESCRIPTION DATE I ~ 6' PERIMETER FENCE NJf.CORNER~ ~ " I " r AL~.I:.SS '-NPLT 1"'( J2 I II I t '?1;]", I ) a I , ~ I ~. I I ' 1280' , 30 I I' I {' , I I \29 I : ' 1 I I 2B I I I _ - - I 7 --- I I "1 I I 27 ' I + I I , ~ I I e ~ .... I I ~ r" I ~ I ) ~ ~ I ( ," ~ I \ I I \ I ~ Wetland Boundary ~'i g 1\ ~ I \ T I \ I I -:- I \ I I \ I I -~ I J I ~\ I: , I I \ 19 I I \ I ..L \ 134.57 I \ I I \ I II ~ \, /8 '\ '-- '- 1//.~-- - - I I-- - - - J.. - - - /" --' I I 20' TRK:T, - 6' FOR WALL. 14' FOR PAIEMENT I ~ , I , I , - I , I , I I I ! ~ ~ I ~ ~ i ~ , b I I ~ " I ~ ',I -~RON , 1-1-_ - - ,1 40 , I 3/ 26 " '" ~JOJJ9' \ , 2S_----- 24 23 22 2/ 20 "\. ~ - - 88 I I -- ! 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IlEIICHEs --- 77 I I I T ~~ Y)t-..: l&J!/) ~~ s~ ~ ~ ~~ I T I , I f , I I T I I I T I J 5 45lXJ' r ... ....... - - ~,- - --;:-- - - - ,~_ I ~_ I ~ .... I ------ ___c II ~ I I L-I I I ~I ~I -I ---------~., I I I I I : I a: : ~ ~ I I . I I : :.~ ~ I I I I - II I I I ~ Tn I TONN CENTER CODE ! ! r ':~l Ll ~'io~::rEJ:~IC:U,'w-~:: ------r"-J L_____~ I~- --....- - I ~ - - - - - li.L - - - .. ;;::: . ., ~ ~ -<<- ~ ~- . ~ _.'- TYPICAL Lar LAYOI.ff NUT TO SCALE 6' PERIMETER FENCE TO N.W.PROPERTY CORNER ICCESS TRIICT /VARIES) ,,~ u~HERlNG PUCE WffH GAZE/K) 59.2' GATES ,- ~ 4 3 ",.. 2 / ,/ ~AV~ :s , --- I / 45.00' 45/)(), 45lXJ' / F /ICE OF CURB , / ~-_/' .- -............ 6' Wrwgft Iron PIcket Fence wffh Columns ---. - F,MY OF aM ~ WINTER SPRINGS BoWYER-8J[NGLEION &: ASSOCIATES, INCORPORATED INOINIII.... . PLANN'''. . 8URVI'IN. . INVIRONIIINtAL 520 SOUTH MAGNOLIA AVENUE : ORLANDO. FLORIDA 32801 407-843-5120 . FAX 407-649-8664 ENGINEERING BUSINESS -1221 FLORIDA AVERY PARK DATE 03/06/01 DESIGNED CHECKED SCILE PROJECT NO. F'ILE NNtiE SHEET r-8CY TSW/ SWICALCI.OC / J:\T sw^TSWICALCI.OOI ~ .. ~'.';'~ .,~~,~.~ " " t,''''::- .\s.....r~.. 'c,.' -.- - , I. ..z~ " -)-: " " , i , '. ,,~ 'f ~, , ! ! f >, I f." '. ("".to ~ ~.~.;; J ,,',:C. .,' ....r /o.'~. '"';'.0 -~ ~~ . '" \' : ~ I \ \1 I." ,\ , , I ~Il;' , I : 'I n ' ~~\ I : I If ( ,.' I :'1 . .' .' i I 1\' \ ,\. ( "I I t' I " /.: ~ ,\, f >. . I , "J, " I . If' , . . . I ,I 'r I, t! \ .,. I, " I \ ,.' I ' ~ 111 : ' . , \, 'I .,," .' i . .' I I I ,II ',' I I I.. I ~ I I ' \ ~ lIt, ,i' I, .; ~ 'I L, '. l' . I 'I. I ~I f ~, , J ,\ ~ \~ \ I. f I, I\:' , f' \' '~l i, . . i, I tft , .. . I ", I I,'., I :1' , ." I . I , '. I' l \ \', ,,\ . ,\ , . , ~ 1.1 \ I \ I , \ 'II l . "I I , I "I " , . . I, l~ , II I I I I J 'I I III ~ ~ . ': .;.j; Exteriors . Covered patios (per plan) · Beautiful traditional elevations with unique innovative designs · High quality 25 year fungus resistant architectural shingles · Raised panel insulated metal garage door and garage door opener with two remotes · Two exterior hose faucets MORRISON HOMES eOIT AGE HOMES FEATURES · Traditional antique exterior hardware with deadbolt locks on exterior doors · Finely crafted low maintenance stucco or Hardi-Plank siding exteriors (per plan) · Fully landscaped yards with Floritam grass designed by professional landscape architects · Convenient automatic sprinkler system with timer and ram gauge . Two exterior weatherproof electrical outlets · Low maintenance ven1ilated aluminum soffit . Acrylic decking on all porches . Fiberglass front entry door · Tilt out sash windows for easy cleaning (per plan) ................... .. . . .. ............... ...... ....... . ...... . Interiors · Elegant foyers with ceramic tile flooring · Knockdown ceilings throughout · Colonial painted trim 2 1f.t" casing with 3 1f.t" baseboards · Spacious rooms with ample wall space · Breathtaking 1 0' ceilings on all one story plans (per plan) · Custom decorative I piece crown moulding in living room, dining room, and gallery · One piece chair rails in formal dining room · Choice of decorator paint in four colors . Classique two panel in1erior doors · Designer light fixtures level III · Smoke detectors with battery backup · Generous selections of stain resistant wall to wall carpeting in decorator colors · Custom wood window sills · Full width vanity mirrors in all baths . Pre-wire for 5 ceiling fan outlets · Pre-wire for 3 combination phone, data, and video lines · Pre-wire for 1 separate phone line . Rocker switches · Indoor utility with electric washer/dryer connections · Beveled edge medicine cabinets · Protective ground fault interrupter circuits in wet areas · Maintenance free ventilated shelving throughout · Kohler plumbing fixtures throughout (sellers standard selection) · Extensive variety of ceramic tile in all wet areas · Kwikset Saxton polished brass interior door levers . 7 1/6 carpet pad . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .... . . . .. .. . . . Personal Selections · Personal consultation with professional interior decorator · Multi-color selections for exterior paint · Laminate countertops and coordinated ceramic tile back splash in kitchen · Luxury carpeting in abundant grade and color selections · Custom cabinet finishes · A wide variety of designer colors and sizes of ceramic tile in all wet areas ........ ......................... ....... ............. ........ Gourmet Kitchen · Timberlake designer 42" flat panel oak cabinets with crown moulding, two roll out trays and sink tilt outs · Custom fitted laminated countertops with hand laid ceramic tile back splash . Recessed lighting (per plan) · G.E. space saver microwave · G.E. quiet power "Potscrubber" dishwasher . G.E. self cleaning range · High capacity IIz HP. Badger 5 disposal by In Sink Erator · Refrigerator icemaker connection · Conveniently loeated electrical outlets (per plan) Features are subject to change without notice · Efficiently organized easy flow kitchen work space with bright and airy breakfast area · Hand laid ceramic floor tile in a wide variety of designer colors · Stainless steel 50/50 kitchen sink with sprayer Sale. effective 01/01/00 Luxurious Owner's Retreat . Spacious, walk-in closets with Super Slide shelving . His and hers vanities with choice of custom fitted laminate counter tops . Oversized garden 1ub Quality Construction Techniques/Safety, Energy, Economy . Honeywell full security system with keypad . Unique wood and steel frame combination construction . Hurricane straps . Termite bond and soil treatment . Individually engineered foundation and roof truss system . Professionally engineered floor plan . CPVC state-of-the-art plumbing system Warranty . lWO YEAR BLANKET WARRANTY (It's about peace of mind) MORRISON HOMES COTTAGE HOMES FEATURES . Elonga1ed commode by Kohler in private water closet . Full wid1h vanity mirror with accent designer lights . Separate enclosed shower wi1h hand laid ceramic tile and custom glass . I SO amp electrical service . R-30 ceiling insulation in living areas . R-ll frame wall insulation . All copper wiring in all areas of home . High efficiency air conditioning and heat pump heating system by Lennox . Kwikset Titan dead bolt locks on all exterior doors . CPVC state-of-the-art plumbing system . Ten year limited structural warranty . Complete customer service program Features are subject to change without notice . Linen closet . Soaring 10' ceiling (per plan) . Hand laid ceramic floor tile in a variety of designer colors in wet areas . Polysealant at base plates, doors and windows to prevent air infiltration . Energy efficient SO gallon quick recovery hot water heaters (per plan . Six step customer satisfaction program Sal.. .ff.ctive 0 I/O 1/00 '., MORRISON HOMES COTTAGE HOMES CELEBRATION' FLORIDA @ o;mcy - to/28197 BARBARA JEAN - CLASSICAL STUCCO _...o_____.__ __.__ ___ __._ ___.____._______________________~__._______.._~_~.__. _~__._ ____ _ _ ____ MORRISON HOMES COTTAGE HOMES FAMILY ROOM 15' X 19'8" - ,- COVERED PORCH DINING ROOM 12' X 12' - - 2-CAR GARAGE 20' X 24'4" OWNER'S SUITE 15' X 17' BEDROOM 2 13'4" X 11' STUDY/BEDROOM 3 12'8" X 11' c=J - 4} Disney. 10/2Jl/97 CELEBRATION' FLORIDA BARBARA JEAN - CLASSICAL STUCCO HOUle plana are conceptual only. Builden may modify design. prior to or during conabuction. These material. are intended to provide general information about certain propoaed plana of The Celebration Company. Theae material. and all photos, rendering. plana, improvemenu and amenities depicted or deacribed herein are subject to chance or cancellation (in whole or in part) without notice. Accordin,.ly, neither these material., nor any communication made or given in connection with these material., may be deem::d to constitute any reprelentation or wunmty or mar_ otherwise be relied upon by anf penon or entity. These material. do nol constitute an offer or aolicitation of any kind, nor are they intended to be di.tributed in or constitute an offer to sell or lease property in any .tate in which The Celebration CompaDf has nol regi.tered to aeU or leue property, if required. Homes within Celebration wiD initially be con.tructed and aold by independent builden. The Walt Di.ney Company, The Celebration Company, and their .ub.idiariea and affiliate. arc not affiliated with any of the Celebration.home .buildcn_and. do _Dot .guarantcc~or_wUJ1U1tJ:~~_Ql;Jliaati~~~ ~f, ~_con.a_~on by. ,~~ui!.d~.-"_ MORRISON HOMES COTTAGE HOMES iDOl 100 ;.-;"i 'il/ m' ii! ,I " , '] t_~~, ir--'r.-- ~ I I Ii :! , . CELEBRATION' FLORIDA e Disney. 7/10198 BARBARA JEAN - VICTORIAN SIDING MORRISON HOMES COTTAGE HOMES F'AtIAlL Y ROOM 15'0' X 19'8" DI,...NG ROOM 12'0' X 12'0' COVERED PORCH COVERED PORCH }'''--- 2-CAR GARAGE 20'0' X 2,,'0' G 8 BEDROOM 1 15'0' X 11'0' CELEBRATION' FLORIDA @D;.0.,..7/10/98 BARBARA JEAN - VICTORIAN House plana are conceptual only. Builder. may modify design. prior to or during corutruction. Thele material. are intended to provide general information about certain proposed plana of The Celebration Company. These material, and all photo., re.nderinPt plana. improvemcntl and amenities depicted or deacribed herein arc subject to change 01' canceUation (in whole or in part) without notice. Accordingly, neither these material., nor any communication made or given in connection with these material., may be deemed to constitute any representation or warranty or IDAY_ otherwise be relied upon by anI penon or entity. These materials do not constitute an offer or solicitation of any kind, nor are they intended to be diatributed in or constitute an offer to sell or lease property in any atate in which The Celebration Companf hu not regiatered to aeU 01' lease property, if required. Homes within Celebntion will initiaUy be COIUUucted and sold by independent builders. The Walt Disney Company, The Celebration Company, and their subsidiaries and affiliates are not affiliated with any of the _~I_~.!~l!~!'_h:o~~.~ui'~e~__~~.~ -:a~~_~~ or w~!~e obl~~_~_o~ 01' c~~~tio~.!_.uch buil~~~~__ __ ___ .___~____ ~ . _ MORRISON HOMES COTTAGE HOMES GARAGE FEATURES , BARBARA JEAN tE ~. ~ CLASSICAL REAR ELEVATION - - 2 CAR GARAGE 20'0" X 20'S" - \ V , , 0 , I \ GARAGE PLAN CELEBRATION' nORIDA ,/' ..// .// ./ VICTORIAN REAR ELEVATION SLEEPING g'O" X S'O" LIVING Irs" X 12'4" MECH. APARTMENT PLAN C Disnoy. 7/8/98 - ---....-- - ~._----- --------'-~-----_.~-~---'--~~._---~-~ MORRISON HOMES COTTAGE HOMES GARAGE FEATURES BARBARA JEAN An apartment over a two car garage has the following features included: · Private entrance located on the rear of garage · Inside stairway · Stainless steel kitchen sink with chrome faucet · Laminate kitchen and bath tops e Flat panel oak cabinets with 30" uppers · Fiberglass tub/shower unit with ceramic tile walls · Elongated water closet · 40 gallon water heater · High efficiency air conditioning and heat pump system · Smoke detector(s) per plan · R-30 insulation · R-ll frame wall insulation · Knock-down texture on ceilings · Custom interior wall color · Stain resistant carpeting/Portico - Success · Valu-flor vinyl flooring at garage apartment entry, kitchen & bath · G.E. appliance package includes: Range - model #JBP26 self-cleaning Hood - model #JN327 non-vented Dishwasher - model #GSD500 · Light package includes: Kitchen - Fluorescent fixtures Bath - Strip Light - model #SEA4724-05 · Two ceiling fan pre-wires · Two data/video pre-wires Garage attic storage over an existing two car garage has the following features included: II Private entrance located on the rear of garage · Inside stairway (unfinished) . Unfinished floors, walls and ceilings in attic area above garage (exposed trusses, plywood floor and wall framing) · Capped water & sewer supplied for future build-out · One keyless light fixture on switch located by entry · Windows located per plan CElEBRATION' FLORIDA @ Dioney . 7/8/98 House plans are conceptual only. Builden may modify design. prior to or during construction. These material. are intended to provide general information about certain proposed plans of The Celebration Company. These materials and all photos, renderings plans, improvements and amenities depicted or described herein are subject to change or cancellation (in whole or in part) without notice. Accordingly, neither theae materials, nor any communication made or given in connection with theH materials, may be deemed to constitute any reprelCll1tabon or warranty or mal_ otherwise be relied upon by any penon or entity. These material. do not constitute an oRer or solicitation of any kind, nor are they intended to be di.tributed in or con.titute an offer to sell or lease property in any state in which The Celebration Companf hat not re~ered to sell or leue property, if required. Homea within Celebration win initially be constructed and sold by independent builden. The Walt Disney Company, The Celebration Company, and their subsidiaries and affiliates are not affiliated with any of the Celebration home builden and do not guarantee or warrant the obligations of, or conabuction by such builden. MORRISON HOMES COTTAGE HOMES CELEBRATION' f1.0RIDA C Di.ney . 9/t5/97 RENEE - COASTAL SIDING MORRISON HOMES COTTAGE HOMES GAllA GE 23',,' X 20'''' OWNER'S SUITE 15'0' X 16'0' BEDROOt.4 2 11'0' X 10'0' BEDROOM 3 11'0' X 11'0' LIVING RM. 12'". X 12'0' COVERED PORCH / . F At.4IL Y Rt.4. 19'8' X 16'0' DINING AM. 12'". X 12'0' CELEBRATION' FLORIDA c> Dioney . 9/15197 RENEE - COASTAL SIDING Home plana are conceptual only. Builders may modify designs prior to or during construction. Theae material. are intended to provide general information about certain proposed plana DE The Celebration Company. Theae material. and all photos, renderinga plans, improvements and amenities depicted or described herein are subject to change or canceU.tion (in whole or in part) without notlcc. Accordinsly, neither these materials, nor any communication made or given in connection with these material., may be deem;;d to constitute any representation or wananty or may_ otherwise be relied upon by anI penon or entity. These materials do not constitute an offer or aolicitation of any kind, nor are they intended to be distributed in or conatitute an offer to sell or lea.ae property in any atate in which The Celebration Co!Dpanf baa not regiatered to seD or lease property, if required. Homea within Celebration wiD initially be conBtructed and sold by independent builden. The Walt Dianey Company, The Celebration Company, and their subaidiaries IIlnd affiliates are not affiliated with IIlnY of the _~_ ~ _ __~~~~~ _b~me builden and do DOtJJuaran~~~~_e obl~ationa of. or construction by auch builders. __~ . _ MORRISON HOMES COTTAGE HOMES Irn~,1 CELEBRATtON' FLORIDA CI Dianey . 9/15/97 RENEE - VICTORIAN SIDING -.------ ------------~.-____ -- ~.._~_~__.__"_ ______..________ - _.0_- __,____ __~ _ _______~ _ ______ __ __ ____ _. __...._._____..._.____.___ .__..____.___._______~__________________ ~ ____~_~___________~ "'..__ ------- ---- -. -------~- --..-.- _._-~._~ -- -~_._------ ---~---~.~---_._--~------~---- -_.- --_._--~-~_._-_. GARAGE 23'... X 20'''' / CELEBRATION' FLORIDA MORRISON HOMES COTTAGE HOMES 8EDR00t.4 2 Ira' x 10'0' OWNER'S SUITE 15'0' x 16'0' o BEDROOt.4 3 11'0' X 11'0' GALLERY F AMlL Y Rt.4. 19'8' X 16'0' RENEE - VICTORIAN SIDING LIVING RM, 12.... X 12'0' ~ .. .. " DINING RM. 12.... X 12'0' COVERED PORCH @ money. 9/15/97 Houae plans are conceptual only. Builders may modify designs prior to or during construction. These materials are intended to provide general information about certain propcned plans of The Celebration Company. Thee materials and all photos, renderings plana, improvements and amenities depicted or described herein are .ubject to change or canceUation (in whole or in part) without notice. Accordingly, neither these materiab, nor any communication made or given in connection with theae materials, may be deemed to constitute any repreaentation or warnmty or may. otherwise be relied upon by any penon or entity. These materials do not con.titute an offer or solicitation of any kind, nor are they intended to be distributed in or constitute an offer to sell or leaae property in any atate in which The Celebration Companf baa not registered to seD or lcue property, if required. Homes within celebration win initially be constructed and sold by independent builden. The Walt Disney Company, The Celebration Company, and their subsidiaries and affiliatcs are not affiliated with any of the ~!e~r:atio~.o_~_~ _~~i!~!n_~d do ~! ~!-:!.~~t ~_ oblil~~ of, at' construction by such builde,... MORRISON HOMES COTTAGE HOMES GARAGE FEATURES RENEE I '..,. VICTORIAN REAR ELEVATION CELEBRATION. nORIDA 2 CAR GARAGE 19'''- X 20'". GARAGE PLAN MECH. -< EEB I - COASTAL REAR ELEVATION LIVING 11'0" X 12'0. SLEEPING 8'0" X 9',," KITCHEN 10'0" X 8'''" APARTMENT PLAN @m.ney-7/8I98 --- ~~ - ----- -- ------, ---_._~-~--------------~-- ----_._--~~.----- ----------,---- _.------------ -- - ------~---~---~------ -------- MORRISON HOMES COTTAGE HOMES GARAGE FEATURES RENEE An apartment over a two car garage has the following features included: · Private entrance located on the rear of garage · Inside stairway · Stainless steel kitchen sink with chrome faucet · Laminate kitchen and bath tops · Flat panel oak cabinets with 30" uppers · Fiberglass tub/shower unit with ceramic tile walls · Elongated water closet · 40 gallon water heater · High efficiency air conditioning and heat pump system · Smoke detector(s) per plan · R-30 insulation · R-ll frame wall insulation · Knock-down texture on ceilings · Custom interior wall color · Stain resistant carpeting/Portico - Success · Valu-flor vinyl flooring at garage apartment entry, kitchen & bath · G.E. appliance package includes: Range - model #JBP26 self-cleaning Hood - model #JN327 non-vented Dishwasher - model #GSD500 · Light package includes: Kitchen - Fluorescent fixtures Bath - Strip Light - model #SEA4724-05 · Two ceiling fan pre-wires · Two data/video pre-wires Garage attic storage over an existing two car garage has the following features included: · Private entrance located on the rear of garage · Inside stairway (unfinished) . Unfinished floors, walls and ceilings in attic area above garage (exposed trusses, plywood floor and wall framing) · Capped water & sewer supplied for future build-out · One keyless light fixture on switch located by entry · Windows located per plan CELEBRATION' FLORIDA iCl Dianey- 7/8/98 HOUle plana are conceptual only. Builden may modify designs prior to or during coutruction. These materials are intended to provide general information about certain proposed plans of The Celebration Company. These materials and all photo., renderinp plans, improvements and amenities depicted or described herein arc subject to change or anceDation (in whole or in part) without notice. Accordingly, neither these materiala, nor any communication made or given in connection with these materials, may be deem:;! to coutitute any representation or warranty or may_ otherwise be relied upon by any penon or entity. Thc:ae materiala do not constitute an offer or solicitation of any kind, nor are they intended to be distributed in or constitute an offer to aell or Ieue property in any atate in which The Celebration Com'panf haa not registered to aell or lease property, if required. Homes within Celebration will initially be constructed and sold by independent builden. The Walt Dianey Company, The Celebration Company, and their subsidiaries and affiliates are not affiliated with any of the Celebration home builden and do not guarantee or warrant the obligations of, or corubuction by auch builden. ~ - --~-- --~ --------- ------~---- -~--~-----~------------~-~--~-,--~----------~--------~~----~- MORRISON HOMES COTTAGE HOMES CELEBRATION' FLORIDA C Dianey - 9/15197 LORENA - VICTORIAN SIDING MORRISON HOMES COTTAGE HOMES SECOND FLOOR PLAN BEDROOt.! 2 11'4" X 10'0" I I 1- __ _ _ _ ~ ,---------------------,-- '" 1 1 ",I I ---.::--------~ I I I IMA<iINA TlON SPACE BEDROOt.! 3 \1'0" X 10'8" 2 CAP. GARAGE 22'8" X 20'-1" OWNER'S SUITE IS'8" X I{O' F AMIL Y AM. 18'8' X 16'0" DINING P.M, 12'4" X 12'4" . ," , , I I .J COVERED PORCH ii;~~i FIRST FLOOR PLAN f~i1i~~~11 LIVING Rt.!. 12'4" X 13'8" u -f8ID- ~ CELEBRATION' FLORIDA iCl Disney. 9/15/97 LORENA - VICTORIAN SIDING Houac plana are conceptual only. Buildcn may modify designs prior to or during construction. These material. arc intended to provide general information about certain proposed plans of The Celebration Company. These materials and all photos, renderings plana, improvcments and amenitiea depicted or deacribed herein are subject to change or cancellation (in whole or in part) without notIce. Accordingly, neither these materiala, nor any communication made or given in connection with these materials, may be deem::J to constitute any repreaentation or warranty or may otherwise be relied upon by anl person or entiQ'. Theae materiala do not constitute an offer or 8Olicitation of any kind, nor are they intended to be diatributed in or constitute an offer to sell or lease property in any state in which The Celebration Com'panr hu not registered to sell or leaae property, iF required. Home. within Celebration win initially be conatnJcted and aold by independent builden. The Walt Di.ney Company, The Celebration Company, and their subsidiaries and affiliates arc not affiliated with any of the ___ __~__ __~~bratio~ home buil~e_~~d do.~~~tee ~t the obligations of, o~~~~ by such builden. _~__ MORRISON HOMES COTTAGE HOMES CELEBRATION' FLORIDA CI Disney" 9/15/97 LORENA - COLONIAL REVIVAL SIDING MORRISON HOMES COTTAGE HOMES 1- - - - - - - - - - - - - - - I I I I I I I I I 1 I I I I I I 1- _ _ _ _ _ _ _ _ _ _ _ _ _ _ I I I I I I I I I I I I I L______________________,__ I I I I COVERED PORCH BEDROOM 3 11'0' X 10'8' SECOND FLOOR PLAN 2 CAR GARAGE 22"8 X 20.... OWNER'S SUITE 18'B' X ....0- FAMIL Y RM. 18'8' X 16'0' DINING RM. In' X In' COVERED PORCH ,:::::: , 1< 11 11 11 Ii:: . COVERED PORCH LIVING RM. 12.... X 13'8' FIRST FLOOR PLAN CELEBRATION' FLORIDA e Dianey . 9/15197 LORENA - COLONIAL REVIVAL SIDING House plana are conceptual only. Builden may modify deaigns prior to or durin. coutruction. These material. are intended to provide general inFormation about certain propoaed plan. of The Celebration Company. Theae materials and all photos, renderinp plana, improvements and amenities depicted or deacribed herein arc aubject to change or canceUation (in whole or in part) without notice. Accordingly, neither theae materiala, nor any communication made or given in connection with these materials, may be deem:J to constitute any representation or warranty or mal.otherwiae be relied upon by anr penon or entity. These materials do not conatitute an offer or solicitation of any kind, nor are they intended to be diatributed in or conatitute an offer to sell or lease property in any atate in which The Celebration ComJ>&llf has not regiatered to aell or lease property, if required. Homet within Cclebration will initiaUy be constructed and acid by independent builden. The Walt Disney Company, The Celebration Company, and their subsidiaries and affiliates are not affiliated with any of the _ _ _~!~~~tion~ hom!~~~~_ ~~d~ nO_!JI~I~t~_~t the o!>ligations of, or corgtructio~~ a~ch ~~ilden. MORRISON HOMES COTTAGE HOMES GARAGE FEATURES -- _. -- n n' -.-..... 1--- n_ _._--~- t---- tH:J _n:-':':'::'.n__~ .. I~--~l 1- - - -.,. .. -.... ...- -- _uo n -- -_. n. - --- 18 --- n -' - - .- -- -- -._- ~ == -~ D 0 :::::.:. ..::... -.... ---- .~ 0 0 .::: .----- -- n - COLONIAL REVIVAL REAR ELEVATION \ \,......-- 2 CAR GARAGE lS.S" X 20'''" .......=- "- " \ C) GARAGE PLAN CELEBRATION' FLORIDA LORENA II .-. J .n - '--:-:-. OJ ----.. . -.. 1...."-... . - rr ~,... ........ .- m --- - Dol 1- ], 1- ' . Dol, 1= ... .. -. -- I VICTORIAN REAR ELEVATION LIVING SLEEPING 10.4" X 12'0" 8'0' X 9'4" KITCHEN 9'0" X 8'4' APARTMENT PLAN iCl Dianey " 7/8/98 _~ u___________~_______~_ - --+ ------~- ------~-------~~------ ------"-------- MORRISON HOMES COTTAGE HOMES GARAGE FEATURES LORENA An apartment over a two car garage has the following features included: · Private entrance located on the rear of garage · Inside stairway · Stainless steel kitchen sink with chrome faucet · Laminate kitchen and bath tops e Flat panel oak cabinets with 30" uppers · Fiberglass tub/shower unit with ceramic tile walls · Elongated water closet · 40 gallon water heater · High efficiency air conditioning and heat pump system · Smoke detector(s) per plan · R-30 insulation · R-ll frame wall insulation · Knock-down texture on ceilings · Custom interior wall color · Stain resistant carpeting/Portico - Success · Valu-flor vinyl flooring at garage apartment entry, kitchen & bath · G.E. appliance package includes: Range - model # JBP26 self-cleaning Hood - model #JN327 non-vented Dishwasher - model #GSD500 · Light package includes: Kitchen - Fluorescent fixtures Bath - Strip Light - model #SEA4724-05 · Two ceiling fan pre-wires · Two data/video pre-wires Garage attic storage over an existing two car garage has the following features included: · Private entrance located on the fear of garage · Inside stairway (unfinished) . Unfinished floors, walls and ceilings in attic area above garage (exposed trusses, plywood floor and wall framing) · Capped water & sewer supplied for future build-out · One keyless light fixture on switch located by entry · Windows located per plan CELEBRATION' FLORIDA iCl Dianey - 718198 HOUle plana are conceptual only. BuiJden may modify designa prior to or during conatruction. ThcSCI material. are intended to provide general infonnation about certain proposed plana of The Celebration Company. These materials and all photos, renderinp plans, improvements and amenitie. depicted or described herein are subject to chanae or cancellation (in whole or in part) without notice. Accordin,ly, neither these materials, nor any communication made or given in connection with these materiala, may be deem:;! to constitute any representation or warranty or may+ otherwiae be relied upon by any penon or entity. These materiala do not constitute an offer or solicitation of any kind, nor are they intended to be distributed in or constitute an offer to &ell or Ieaae property in any state in which The Celebration Com'paDf baa not regiatered to sell or lease property, if required. Homes within Celebration will initially be constructed and aold by independent buildeR. The Walt Disney Company, The Celebration Company, and their subaidiariea and affiliates are not affiliated with any of the Celebration home builders and do not guarantee or warrant the obligations of, or conatruction by such builders. -----.-- --~------ -----------~-------------------_.__._-- ---+------------- ------" ----~---~---- MORRISON HOMES COTTAGE HOMES CELEBRATION' FLORIDA @Dianey"I2/13/99 CATHERINE - VICTORIAN SIDING MORRISON HOMES COTTAGE HOMES 3 CAR OP,ION 21'4'X21Z"6' 3-CAR CF'TiO'l ADD;; 141Z' SF [j t,_--- ! q ~~~~ '):t~--:--;f-:-~f IIIT-, _ ;.; II 1/ :~ ~ ~-~~ ~~=~0Sl ACTIVITY ROOM 11'8'xI2'IZ" (O!I"'T_e!!:>~_ 4.I'W')(~'~') ...., ='" 6EDFiM 3 13'4'XI0'8' """",. ~ '" ,,' '" '" '" '" '" II; II SECON;=;~~~~= r: ~ =.=. = ='~=HJE==EE=EE=" :._--- --- ---~ii " CElEBRATION' FLORIDA c.ARAUE 21Z"IZl'X21Zl'e' ,; " 1,1 " , 8 OPTICJ!t.<A,L P:~r-t..ACC rT"'!!OIA CEN11:R FAMIL Y 21Zl'IZl'XI,!!'4' -r---------------- -----. " ' " ' :HA5TER :! :6EDROCM: ::1~14.Xle'lZ).l; IJ 1\ '1 II , " , " , " ~_-_-_-_ -_"_ ~-_-_- _.u FRONT FORO-j 2e'(2)' X 11Zl'0' FIRST FLOOR CATHERINE - VICTORIAN iCl Dianey" 12/13199 House plana are conceptual only. Builders may modify desiana prior to or during conatruction. Theae materials are intended to provide general information about certain proposed plana of The Celebration Company. These materials and all photos, renderinp plans, improvementa and amenitiea depicted or deacribed herein are subject to change or canceOation (in whole or in part) without noha. Accordingly, neither these materials, nor any communication made or given in connection with these materials, may be deem:;d to cOllltitute any repreaentation or warranty or maf otherwiae be relied upon by any penon or entity. Thcae materials do not constitute an offer or aolicitatiOD of any kind, nor are they intended to be distributed in or constitute an offer to &ell or lease property in any state in which The Celebration Companf baa not registered to sell or leaae property, if required. Homes within Celebration wiD initiaUy be constructed and sold by independent builders. The Walt Dianey Company, The Celebration Company, and their subsidiaries and affiliates are not affiliated with any of the Celebrabon home buiIden and do not guarantee or warrant the obligationa of, 01' conatruction by such builden. '" MORRISON HOMES COTTAGE HOMES GREATROOM 2t)'6')(JJ'4' GARAGE 2el'el'X2el'8' ADDS 5'31 SF LIVING. GREA TROOt1 &'''")(0'04' BEDROOM rr".)(!2'D' 3 CAR OPTION 21'4'X2el'8' 5ECOND FLOOR 3-CAR ADD5 131 SF LlVINC; R()NUF> ()PTI()N CELEBRATION' FLORIDA C Disney" 12113199 CATHERINE - VICTORIAN SIDING - GARAGE APARTMENT - OPTIONS "'-,,,,,, :'"\ SECOND ;:LOOR P~A~ O~' CELEBRATION' FLORIDA MORRISON HOMES COTTAGE HOMES ACTIYTY ROOM 1;'8'XI3'4' S=COND F~OOR PLAN OPTION 'B' SECOND F~COR PLAN OPTION 'C' CATHERINE - VICTORIAN - OPTIONS iCl Dianey" 12/13/99 HolOe plana are conceptual only. Builders may modify deaigns prior to or durina: cOl1ltruction. These materials arc intended to provide general information about certain proposed plans of The Celebration Company. Theae material. and all photos, renderings plans, improvementa and amenities depicted or described herein arc subject to change or cancellation (in whole or in part) without notice. Accordingly, neither these materials, nor any communication made or given in connection with these materials, may be deem:;d to cOl1ltitute any representation or warranty or may_ otherwise be relied upon by anI penon or entity. These materials do not constitute an offer or solicitation of any kind, nor are they intended to be distributed in or constitute an offer to seU or lease property in any state in which The Celebration Companf baa not registered to aell or leaae properly, if required. Homes within Cclebration will initially be constructed and sold by independent builden. The Walt Dianey Company, The Celebration Company, and their subaidiaries and affiliates are not affiliated with any of the ~ __.~~~o~~_~me ~~~n an~_d~~~ ~!~~~arrant ~-:.~~~~iona of, or ~on by .uch builde~___ ___~__~_~_ _ (. MORRISON HOMES COTTAGE HOMES CELEBRATION' FLORIDA C> Dianey " 12113/99 CATHERINE-COASTAL STUCCO MORRISON HOMES COTTAGE HOMES ;l CAR OPTION 21'4'X2l1)'6' C,ARAUE 2l1)'2)'X~0'6' II I II I : I' i: : -- ; '11 II:' ~ L.l_ J' 1~~: I ,=i, -~'_~-_:-_~_~~: , II iT-I . II l~~~ ' ACTIVITY F100M 11'!;l'xI2'e' 6EDRM 2 :~'"'Xl1''''' ( 8 3-CAR OFTiO~ ADD5 14<Z> &F FAMIL Y ~<Z>'<Z>'XI~'4' ....... (OPT. ee~_ -4 -ll'kt:'x':!'It') """'"'" ""'" =..ro 6EDRM ;l 1;l'4'XI0'6' L1VINc. 12'6'XI;l'lI)' 1'1 ':: iii Ii " III II II: II ~:~~:;~::=~=:;;? __ _ ____.::1=======:==::.'":: 5ECOND FLOOR !::::::~-_:~:.~ FRONT PORCI-< 28'0' X le'e>' FIR5T FLOOR CELEBRATION' FLORIDA <c> Dianey" 12/13/99 CATHERINE - COASTAL House plans arc conceptual only. Builden may modify designs prior to or during conatruction. These materials are intended to provide general information about certain proposed plana of The Celebration Company. Th~e materials and all photos, rcnderinp plans, improvementa and amenities depicted or dcacribed herein arc subject to change or cancellation (in whole or in part) without notice. Accordinfly, neither these materials, nor any communication made or given in connection with these materials, may be deem:J to constitute any representation or warranty or maliotherwiae: be relied upon by any j)enon or entity. These materials do not constitute an offer 01' solicitation 0 any kind, nor are they intended to be distributed in or constitute an offer to sell or leue property in any state in which The Celebration l COme:" baa not registered to ae or leue property, if required. Homes within Celebration will initially be constructed and aold by independent builden. The Walt Disney Company, The Celebration Company, and their subsidiariea and affiliates are not affiliated with any or the .i _ __ <:C:~~~~ h~e buil~~~~~_d~_~~tee~r~~_~~~~I~a~o_n~_of, or c~~~~ by PJch ~~i~~~_ ~__.__ _ _ _ ____ _~___ __~ '~-, ~ MORRISON HOMES COTTAGE HOMES ~ GREA TROOM ~"'6')dJ'4' GARAGE 21/)'1/)")(21/)'6' ADDS !:f:li SF LIVING GREATROOH 6"'")(1'",' BEDROOM rr..')(tI"D" 3 CAR OFTION 21'4'><20'6' SECOND FLOOR 3-CAR ADDS 131 SF LIViNG RONIJ!; OPTION CELEBRATION' FLORIDA iCl Dianey - 12/13/99 CATHERINE - COASTAL STUCCO - GARAGE APARTMENT - OPTIONS '-....."""'16 ='\ SECOND ~LOOR P' A~ O~' CELEBRATION' FLORIDA MORRISON HOMES COTTAGE HOMES SECOND FLOOR PLAN OPTION '19' ~E.COND F' COR PLAN OPTION 'C' CATHERINE - COASTAL - OPTIONS iCl Dianey - 12/13/99 Houae plans are conceptual only, Builden may modify design. prior to or durin. construction. These materials are intended to provide general information about certain proposed plans of The Celebration Company. These material. and all photos rendering-. plans, improveme~u and amenities depicted or ~eacribe~ herein are subject to change fJr cancellation (i.n whole or in P8;rt) without notice, .~Cl!rdingJy, nei.ther these materi,at., nor any com.mu.nicatio!1 made or .Biven in connection with these materi,als, may be ~eem;;d to conatitute~,. I"CIpresentabon or war:nnty or may_ otherwlae be relIed. upon ~y anI penon ~ c:nbty. The~ ma~e~-=,~ do not conatltute an offer or ao~cltation 01 any ~nd, nor are they l?Jtended to be diatributed In o!, constitute an offer tl:! sell o~ l~~ property !n any state In which Th!! Celebration (,I Com'panf baa not regutered to sell or lease property, If reqUired. Homes WlthlD Celebration WllllDlbaUy be conatructed and aold by mdependent builden. The Walt Duney Company, The Celebration Company, and their .ubsldlanes and affillatea are not affiliated With any of the Ce~~!~~~ ~~~~den _8!l_c! ~_ ~~guarantee or warrant the obl~ations of, or co~~t~~n_ by auch ~~c!...~~_ _ _ _ .. 25 FT. BUFFER 'V Bierly Memo (03/05/01) 'V Morgan Letter (02/26/01) 'V Garganese Letter (02/20/01) 'V BSA Letter (02/02/01) 'V Morgan Letter (02/01/01) MEMORANDUM TO: Ron McLemore FROM: Sandy Bierly DATE: March 5, 2001 RE: Avery Park - 25 Ft. Vegetative Buffer CHC Development Co., Inc. has engineered a subdivision plan which deviates from the 25 ft. vegetative buffer requirement, for the following reasons and in conjunction with the Comp Plan of Winter Springs: 1. With alleys being an essential component of the Town Center, it is necessary to impact .9 acres of wetlands to construct an alley on the west boundary of the planned subdivision. Given the site conditions, (the current wetlands extends in an irregular manner) the best utilization of the property is to mitigate the .9 acre. (Conservation Element, Goall, Objective C, Policy 3 & 5d.) 2, The off-site wetlands will be protected from any additional run off by the engineered stormwater system on our site, which will direct water currently flowing over the undeveloped acreage to the off-site wetlands, to the planned retention pond. (Land Use Element, Goal 2, Objective A, Policy 3b.) It is the opinion of numerous professionals that our design is, in fact, a greater level of protection to the off-site wetlands and their wIldlife than that of the typical 25 ft. upland buffer. .' Morgan Environmental Consulting, Inc. 740 Florida Central Parkway, Suite 2004 Longwood, Florida 32750 ,,' February 26, 2001 Mr. Ronald McLemore, City Manager City of Winter Springs 1126 East S.R. 434' Winter Springs, Florida 32708 Re: Avery Park Town Center Secondary Buffer Response Dear Mr, McLemore: Morgan Environmental Consulting, Inc., is working with Mrs. Sandy Bierly, of CHC Development, Inc., in the development of the proposed Avery Park Town Center project. As part of this process, we have submitted a proposed secondary buffer plan that, we believe, will offset any potential adverse secondary affects to adjacent wetlands and/or wildlife. As you are aware, the City's Comprehensive Plan states that "The minimum vegetative buffer requirement shall be twenty-five (25) feet upland from the wetland area." Land Use Element, Goal 2, Objective A, Policy 3a. Based upon the proposed site plan, this method of providing for a secondary buffer is not an option that can be provided, However, as stated within the February 20, 2001, correspondence submitted to your office by Mr.' Anthony A. Garganese, the City's attorney, there are other provisions within the City's Comprehensive Plan that allow for substantial wetland impacts. Mr. Garganese states that these provisions should be considered as providing "significant flexibility to the rigid and strict application of this policy". He provides the following examples: 1 . Alteration of wetlands may be permitted in accordance with mitigation policies of the St. John's River Water Management District, See Land Use Element, Goal 2, Objective A, Policy 3b. 2. Installation of infrastructures and utilities may pass across conservation lands when a greater public benefit can be demonstrated, such as roadways improving emergency response times, development of parks, or reducing housing costs, See Conservation Element, Goal 7, Objective C, Policy 3. Phone (407) 260-0448 . Fax (407) 2fiO-0446 Mr. Ronald McLemore Avery Park Town Center February 26,2001 Page 2 3, Any alteration of wetlands that impair wetland functions shall be required to replace acre for acre, type for type, or as permitted by the USACOE, SJRWMD, and/or DER (DEP). See Conservation Element, Goal 7, Objective B, Policy Sf. In addition, Mr. Garganese stated that "the policy set forth in Conservation Element, Goal 7, Objective C, Policy Sd appears to conflict with the mandatory 25 foot wetland buffer policy set forth in the aforementioned provision of the Land Use Element. Policy 5d provides, in relevant part: 'A vegetated wetland buffer of 25 feet, depending upon site conditions, shall be maintained between all structures and the wetland jurisdictional line'. Thus, Policy 5d specifically contemplates that site conditions may permit a wetland buffer other than 25 feet without limitation." Furthermore, Mr, Garganese concludes that in his opInIon "the City's Comprehensive Plan does not mandate that a 25-foot wetland buffer be provided in all cases. Instead, the Comprehensive Plan allows the City to approve more or less stringent wetland buffers on a site-by-site basis using adopted and applicable wetland standards." As you may be aware, wetland impacts have been proposed in association with the development of the subject project. Based upon the locations of these wetland impacts and the lack of any upland buffers adjacent to these wetlands, an alternative has been proposed in order of provide against any potential secondary impacts to adjacent wetlands and/or wildlife. The subject project is proposing to utilize the eXisting Seminole County Retention Pond for the treatment of its stormwater run-off, In order for this to occur, the project must be graded so that all run-off will flow towards the pond. Unfortunately, for this to occur, it will be necessary to place approximately 4' to 6' of fill along the western portion of the property, extending to the western boundary, This necessary fill is the reason for the project's wetland impacts as well as the reason that a 25-foot secondary buffer cannot be provided. A more detailed explanation of these impacts was provided in the February 1, 2001, "Secondary Buffer Response" correspondence to Mrs, Sandy Bierly, .~. Mr. Ronald McLemore Avery Park Town Center February 26,2001 Page 3 Due to the fact that a 25-foot upland buffer cannot be provided adjacent to the remaining off-site wetlands, the following alternative is being proposed. As mentioned above, in order for the subject property to utilize the Seminole County Retention Pond, it will be necessary to place a large amount of fill within the western portion of the property so that all stormwater run-off can be directed towards the pond, Because of the required fill within this portion of the property, a retaining wall will be necessary. This retaining wall will extend the length of the western boundary and will be approximately 4' to 6' in height. In addition, as observed on the submitted engineering plans, the site plan calls for an alley to extend along this western boundary. This alley is to provide access to the adjacent homeowners garage and additional parking. (The design of the project is similar in nature to that of Celebration, where ~ shared alley is utilized by numerous homes to provide access to their garages, which are situated behind their homes,) Therefore, what you will have is a retaining wall with an adjacent :t 1 6' wide alley (2' shoulder and 14' pavement), the combination of which is believed by this firm will act as a secondary buffer. By having a 4' to 6' retaining wall adjacent to the off-site wetlands, you are eliminating any potential adverse affects to the off-site wetlands by pedestrian or domestic animal traffic. This potential traffic will be further reduced by the installation of either fencing or barriers along the top of the wall, which will also provide safety measures to the residents, This retaining wall also acts as both a visual and auditory buffer between the system's wildlife and the proposed development. In addition, by locating the alley between the retaining wall and the residential homes, an additional buffer is being provided between the wetlands and rear of the adjacent lots. This alley will lessen the potential for lawn debris being placed into the wetlands by adjacent homeowners, being that their rear lot line is not contiguous to the off-site lands. It should also be mentioned that this alley provides access only to the homeowner's parking area; it is not a road and as such will incur only a very small amount of traffic. The roadways have been located along the frontage of the homes. This will further assist in the reduction of potential adverse auditory affects, .. Mr. Ronald McLemore Avery Park Town Center February 26, 2001 Page 4 With regard to Lot 84, the dimensions of the lot and those necessary for the building pad do not allow for a secondary buffer adjacent to the wetlands. Therefore, it is proposed that a split-rail fence with accompanying wax myrtle plantings be utilized as a secondary buffer. It is believed that the combination of these elements will aid in the prevention of both pedestrian and domestic animal traffic within the wetland (via the split-rail fence) as well as reducing the visual and auditory affects to wildlife (via the wax myrtle). This concept has been utilized and approved by the District on other projects and is believed to be an appropriate substitution in this case. The split-rail fence is proposed to run from the beginning of the retaining wall to the edge of the Seminole County Retention Pond, which is approximately 180' in linear length. In addition to the fence, it is proposed that a total of 18 wax myrtles will be planted at 10' O.c.. It is the opinion of this firm that the above proposed development plans will off-set any potential adverse affects that would have been provided by the typical utilization of a 25' upland buffer. It is also the opinion of this firm that the proposed alternative to the 25' upland buffer is consistent with the City's Comprehensive Plan Policies, as addressed by Mr. Garganese and stated previously within this correspondence. Firstly, with regard to direct wetland impacts, a proposed mitigation plan has been submitted to the SJRWMD for review. This plan is as stated within the aforementioned "Secondary Buffer Response" correspondence and is consistent with both the Land Use Element, Goal 2, Objective A, Policy 3b and the Conservation Element, Goal 7, Objective C, Policy Sf. Secondly, as provided within Conservation Element, Goal 7, Objective C, Policy sd, a "vegetated wetland buffer of 25 feet, depending upon site conditions, shall be maintained between all structures and the wetland jurisdiction line," As discussed within this correspondence, the subject project's "site conditions" do not allow for the utilization of a 25-foot buffer. Therefore, an alternative buffer has been proposed. " ~ Mr. Ronald McLemore Avery Park Town Center February 26,2001 Page 5 Finally, Conservation Element, Goal 1, Objective B, Policy 3 allows for wetland impacts (and in this case secondary buffer' impacts) to occur if a "greater public benefit" can be demonstrated. As you are aware, the subject project has been designed in a unique manor, one that is atypical of the standard subdivision. This design is very similar to that of Disney's Celebration, which utilizes alleys and rear lot garages in an effort to reduce infra-structure traffic and also provide a safer and more "neighborly" development. This proposed development is actually a neoclassical community, one that is consistent with the City of Winter Spring's future Town Center Development. The developer of this project has, in fact, recently revised the site plan to allow for stub-outs of roads to exist along the project's northern boundary. This will allow for the subject project to be integrated more easily into the City's future Town Center vision. By redesigning the subject project to integrate with future development within the City's Town Center, the project is providing for a greater public benefit. If you have any questions regarding the above information, or if you need any additional information, please contact me at your convenience. Thank you, Sincerely, '".' !\ c----::: I f -i.~ ?j'\:\ ~ ~ Stephen Butler Morgan Environmental Consulting, Inc. Sent By: BWSj 407 425 9S96j Feb.20,01 9:1SAMj Page 2 BRO\\t~, WARD, SALZMAN. & WEISS,.P.A. ATIORNtYS AT LA\\, Usher 1.. BrO\lm · Jolul H. Ward . Gzn- S. S~O leffi'ey S. Wein SIJume D'Agrcs1:a AIlIhcrly A. QCgJDlO$C- scon o. Danahy James O. Yicbr)'o'R Allis<m Carmine McDonald Alfred Tnladell Arthur R. "Randy" Brown, Jr. 6rett A. MlI'lo~ Jeffrey P. 9uak :KristilleR.Kw: FILE COpy III North Onmp Ave., Suite 87S Past 0fB= Rex 217~ 0rIe~ FL 32&02-2.873 (407) 4:509SM (407) 425-~m FAX E/DI.Il: tJrm@arJlndoIaw.nct Website: __mJmdo\aw.. AgG'gMese@:orlMdOlaw.net · S(IClfd c.:rtilicd Civil inlll ~ . :Sl1llllll.:l:Illfic:llll~ll"" l..lripdoa Unr:rtr ~ I'\roK11 (:c<tilic:rt C'tY. ('.:'IIl;\\) I:.l.ocal ~cmmClll U:w Februaty 20, 2001 Via 'F BJt Via First Class ~ Mr. Ronald McLemore, City Manager City of Wmter Spri.ng.s 1126 East S. R. 434 WinIar S~ n 32108 Re: Bierly Town Center Development Proposal Dear Ron: As we previously discussed, City 5taffhas asked for my opinion on an issllC regmding the proposed Town Center site plan submitted by Sandy Bierly. Specifically, the i1me is wheth~ the twenty-five (25) foot wetland buffet' provi$lon comainecl in the City's Comprehensive ?la..'1, land U5~ Elc:m~t, Us <lI. manclatol')' miDimwn buffer-or whlrtherthe wetland. buffer may be modified by the City under catain cirC'~ durina site pllU'l re'\'le1)W. For the reasons dis..."1J!sed below, it is my view that the City ot Whlter Spring's Comprehensive Plan, when read and interpreted in its entirety, would allow the City to approve wetlmd buu~ other than twenty-five feet on a site.by-site basis. 90/c.O . d ;:;;:9 T 178 .!.(It' lrl3WdOl3('GQ JH) 2[:60 1002-02-E3~ SQnt Sy: BWS; 407 425 9596j Feb-2C.01 9;15AM; Psge 3/5 '-" Mr. Ronald McLemore. City Mma,er City of Winter Springs FebruaIy 20, 2001 Page 2 First, this letter does D01 address wetland buffer requirements around lakes. includini lAke Jessup. 1'be City's Comprehensive Plan apparently requires a :nininium fifty (SO) foot vegetative Ul uVt.uld buffeJ around !..U:U. SU City afWinter SprinKJ ' Comprd.C1''l.l'NC Platt, LaNd Ut!o Elt!tnt1rtJi Goal 2, Objective A, Po/i~ J. It is iml'Ortant to em~hnsize that all development orders approved by tbe City must be consistent with the adopted Comprehensive Plan, ~ 263.3194(1 )(a), Fla. Si.al. A rJ~\1eloprnem order shall be consistent witt' the' comprehensive plan it'the aspects of development ~tted by such order are compatible with and further the objectives, 'poli~es.laod uses, IIlld deasities ~ intensities in the comprehensive plan and if it meets all other :rittria en~"&ted. by the loclll government ~ 1633194(3 X a), ria. Stat Furthermore, a court, in reviewing a devclopment order under the Florid4 (TTowth Management AC\ may, among other considerations, consider the ureasonableness~" and "appropria.t=ess and completeness" of the comprehensive plan or the element or elements mereof. ~ 163.3 194(4)( a), Fla. Stat. The: splXifie polic)' of the City's Comprehensive Plan at issue hete swes,1n relevanl part, "The minimWl\ vegetative bUl7er requirement shall be twenty.five (25) feet upland from the wetland area.~' !And Use Element, Goa/2. ObjecrilJe A, Policy Sa, Interpreted by itself, thj~ pnlicy would require a micimum twenty-nv~ foot upland buffer from all wetlands. However. there are other relevant provisions of the City's Comprehensive Plan that pc:rmit substantial impacts to wetlands which the City should consider as providing si~jficant flexibility to the rigid and striot 8ppliC8tion of this policy. For example: 1. Alteration of wetlands may be permItted in acc<)t'(iance with mitigation policies ofthc St. Johns Water Management Distric;t. See LtUId Use Eieme1ft, G()C12, Object.''Ve.t PoJicy 3b 2. Installation of infrastructw'es and utilities may pess aGross ;onservaa.OD lands when a greater public benefh can be deD1or.strated., such as r08Jiways improvinE; emergency response tim~l development of parks, or reducing housing costS. See Ct)1tServariun EJemtN. Goal I, Objective 1J., Policy J. 3. An)' altaWOTi \.If wetlands thlll impair '.oVeLlamJ. CUTlcLio1\S shall be required to replace wetlands ~ fora;rc, ~'pe for type, or as permitted by the USACOE, SJRWMD, and/or DER, See Co,..servatiori EUtMnJ. Goa! 1. Objeaivt C. Policy Sf Furthe:'m.ore, and most importaotly, the policy ~e~ forth in Conse1"\lQtion Elemsnl, (joQll, Ohjeaive C, Policy 5d a~m to coc.flict with the mandatory 25 foot wet1.md buffer polic:y set forth in thc afomMntioned provi$ion of the Land Use Element. Policy 5d provides, ill relevant part: "A y~ted wetland buffet of25 feet, dqHmtll.1lg up"" site cOfUJiJictl...~. s.ha11 be malnwned betwee.n 90V[0'd ZC9T. ~~; ~r ltB~dOI3(13a :Kl eo !r./ 2[:60 :00c-0c-E3~ ~ St~t By: BWS; 407 425 9596; F~b.20'01 s: 1 SoAW-i Page 415 MI. Ronald Mclemore, City Manager Ci:y of Winter Springs Februaty 20, 2001 Page 3 al: struCtures and :he wetland jurisdiction line." Thu~, Poccy 5 d specifically c.:lnlempl~ that site cnndition!; ma.y permit a wetland buffer other than 25 feet withDur ~lm;t3tion. The City', Coml'rehensive PIQn cloes Mt, therefore, clearly and unambiguow;ly mandate l 2S-foot wt':land. buffer policy be:ause the Plan is susceptible to different interyretations. Consequently, in light of the ela.borate provisions authorizin/;the mitigaucIl anddevelopmem of wetlands and :he inconsistent wetland buffeT provw.om in the Land Use Element and Conservation Ei~ment, it is my v;ew the City's Comprehensive Plan dC'les nt'It mandate: that (\ 25-foot wetll1ld buffer be provided in all eases. Instead, the Comprehensive Ple.n allows W City to approve mare or less stringent wetlll1ld butters on a site.by-site basis usiDg adopteC and applicable wetland standards. The Comp!'I!lhen.s.ive Plan provides for ~orne general wetland standards, and fedeta1, state, ane local authorities have adopted er.tensive standards regsrding development in wetlands. In fact. I note that the Comprehensive Plan appeus to rely on and adopt the standards promulgated by the St. Johns R.iv~ Water MaIJagernent District. SIt lAnd US~ Element, Goal2, Ohjec/ivt A, Po/icy 3b (s~cjfic mitigation standards ill accordance with the policies of t:.':e St. 10M3 Wsrter Macagcmc:nt District will be established to ensure no ne1 lass of wetJands either by functional value or extent). Furthermore, the case of B. B. McCormick & &ms. Inc, \I. City of Jackso11Vuk, 559 So. 2d 2.:2 (Fla. 1st DCA 1990) iz DOte'Wonh}' and should be mentioned. In thi:; ClSSl:, the: Cirj of Jlol:k.sonville sought to consttuet a sanitary landfill which would require the excavation of 53 acres of freshwater wetlands, Opponents of the llL1'Jd..filI filed suit to enjoin the ccnstrllCtion of the lanojflll. asserting the latxif1l1 was inrons~t.enl with the comprehensive plan and 1hllIefore prohlblted. 'oe~ause the city'S comprehensive plan provided that there should be no filling or excavation of W8tla.odS. The citY argued r.hzt the comprehet1Si"e plan was mcm::: flexi ble tha.'1 the interpretation urged b). the opponents. The: court found that in light oftbe city's elaborate mitigation, mooitoric.g, and maClLcnam:e plms;. the landfill proposal was consistent v.rith the objectives .and policies of the compreh.en!ivc pillL. fd. at 258. Accordingly, my o~on is that it ;s appropriate for the City to :ons.idcr approving a reduction or eliminarinn of the 2$-fuot wetland huffer under Qr-~ ci:cW!1$'tances. Based O~l my general review 0: relevant pro'vi!ions of tl1c Cit), \ S CompreheT'.siw Fl~ I suggest the CitY USt the following guidelines in eonsiccring whether to approve il wetland buffer other than 25 feet: 1. The buffer should be reduced or eliminated as part of a wetland mitigation plm that is t1pproved by the St Jow Water Management District aodJor the United StateS Army Corps of Engineers; and 2. The Ci!)' must c:.etermme that site CODaitloos reasonably support the reduction or elimination of the wetland buffer; acd '3CVt'O ' d Z29 T T 78 L.Ot- 1~B1..I'::lOl3,'1=Ja :'1-0 ~>:Mn :.~n?-M?-~~~ -, Sent 9Y': BWSj 407 425 9596; Feo-20-01 S:16AM; page 5/S "'_0 Mr. Rould Mclemore. Ciiy MarJager City of Winter Springs F~bruary 20. 2001 Page 4 3. Any dtterm.inatioD by the City to rcdoo: or e1iD1iDsJe the wetland buffer must be consistmt with the overall goals, objec1ivestnd policies of the City' 5 Compreh.ens1ve Plan and must comply 'Witt: 8pl'licable law, ou have any questions reearciine thi~ letter. Anthony A. oargacese CitY Anomey AAOJkj cc; MI. Charles Cmiogton Mz. Don LeB1mc Mr. Tom Orimms .\DOCS'.cil)'ofWil!ll!1 S~1\Ill:Illtt,WCllm4Dalb.~ 90VS0'd L29l ~98 ~t lt~3WdOl3()3a JHJ ~E:6G 100c-0c-83~ " .- Ser,t By: aWs; 407 4 25 9~96 i Feo.20.01 ;:1~AMi Page 1 ~ Brown, Ward, Salzman & Weiss, P.A. 11 j North Orange Avenue, Suite 875 Post Office Box 2873 Orlando. Florida 32802-2873 (407) 425-9566 (407) 4:25-9596 fax e-mail address:agar...ganese@orlurzdolaw.net Date: February 20.2001 To: Ms, Sandy Bierly. Fax: 407841-1623 Phone: From.' Anthony A. Garganese, &quirrJ Pa~es (including this one): 5 Reference: Bieriy Development - City of Winter Springs Our File Nn.: J193 COMMENTS: Please see attached le:te,. dated rebruary 20. 200/. ORIGINAL WILL FOUOW . ORIGINAL MLL NOT FOUOW If th.ere are any questions rel{arding !hi.s fax, please call (407) 425.9566. This f..J.(.'.~imile me.uage is attorney/client privileged mQtcriaI and is, accordingly, {.:cmfidtnttal. Thi..!1 message is irrt~ntkd only for the ir.dtvidual 0,. emtry na~d above, if lhe: receiver of lhu' message is not the inlfndeJ recipIent. plea3c be advised Then any dissemination, disl~ibvtio,." ur c:opylng of Ihis communication is strictly prohibited !f you h(:VI r~l;efved fMis communication in e:rror, "lease no/i)} us by tel'phone immediately I1lld rerum 1M original Ines,\'age to the above addrtsJ ',Iia tJr~ V.S Mail, 'T'hanlc you. ' 9e../ T. 0 . d ::::::'9 T T roC: ~0t:' lN3>JdOl3r13G :tH:) c~:60 T.00c-0c-a3~ V,,"/ VL/ u.l ~~.J.~_._!:..~J V"'t::JQUU"t UV"lt:.J'\ J1PV!-L.:.,lV1' ~VVl. B(O'~'~l'YER~GL:ETON & ASSOCI.J,TES, I~CORPOR.\TED .. _~C'NEU41"'~_;>_^':I\'N~ SUH~l:"",:,~~~~':-=":,,:~_ : February 2, 2001 52C SO:J~~ \(AIJ"lOt). AVE~l,;t: . OH~.lt.N.10. C:..CR!::" 3,2B01 407.643.5'20 . 'u 407.649.6664 File No. TSW-1 Mr. Anthony Garganese, Esq. City of Winter Springs '126 East State Road 434 Winter Springs, Fiorida 32708 Subject: Tuskawilla Road Property (Avery) Comprehensive Plan Compliance Dear Mr. Garganese The City of Winter Springs Comprehensive Plan includes objectives and policies to protect the natural environmental as part of the conservation element. Among the specific policies is a requirement for a "vegetated wetland buffer of 25 feet, depending upon site conditions. . . .between all structures and the wet/and jurisdiction line: (Policy C.5(d)).. Another policy requires that "Any alteration of wetlands shall be required to [mitigate] as pennitted by the. . . SJRWMD." (Policy C.5(f)) Policy C.5(d) appears to apply to circumstances where no direct impacts to wetlands are proposed. There are common circumstances where it is impossible to provide a 25-toot vegetated buffer between a structure and the jurisdictional line where there is a direct wetland impact. The most obvious example would be the construction of a drainage pipe and outfall structure, which must extend a certain distance into the wetland in order to meet engineering design requirements for the discharge of treated storm water. No vegetated buffer can be provided between such a structure and the jurisdictional wetland limits. Policy C.5{f) applies to such conditions where direct impacts to wetlands are proposed and permitted, with appropriate mitigation by the applicable state and federal agencies. The applicant for this project believes that obtaining a pBrmit for wetland impacts associated with the construction of this project and complying with the mitigation requirements estabiished in that permit will meet the requirements of the Comprehensive Plan and state law. Please feel free to contact me IT you have any questions regarding our position on this issue. Sincerely, ~25?~ Rebecca L. Trudeau Manager of Permitting Services RL T;aab TSW1\Coor1.7001 c: Sandy Bierly, CHC Development Raymond R. Bradick, P.S.M., Bowyer-Singleton & Associates, Inc. Daniel J. Hayes, P.E.. Bowyer-Singleton & Associates, Inc. .'- Morgan Environmental Consulting, Inc. 740 Florida Central Parkway, Suite 2004 Longwood, Florida 32750 February 1, 2001 Mrs. Sandy Bierly CHC Development 1 31 Park Lake Street Orlando, Florida 32803 Re: Avery Park Secondary Buffer Response Dear Mrs. Bierly: The following is in response to the City of Winter Springs concerns regarding the utilization of a 25' secondary buffer to existing wetlands. However, as you are aware, the portions of wetlands that are being required to provide a secondary buffer are proposed for impacts associated with the development. Therefore, it is not possible to provide the 25' secondary buffer due to the fact that the proposed impacts will extend to the western property boundary. A brief description of this project and its development design are provided below for your review. With regard to the proposed wetland impacts, two (2) portions of the on-site wetlands will be adversely affected via development. The first of these proposed impacts is to occur within the project's southwest cOrner, just west and slightly north of the Seminole County Retention Pond. The proposed impacts to this wetland area equal only 0.1 6 acres and are associated with the construction of Lots 18 thru 21, specifically, the rear of these lots. The wetlands that are proposed to be impacted in association with Lots 18 thru 21 can best be characterized as the upland-most edge of a pond-pine/loblolly bay/saw palmetto seepage slope wetland of which the vast majority extends off-site to the west. Although the on-site and off-site portions of the system are contiguous, I would not say they are hydrologically connected. The only hydrologic connection between these systems would be that of surface water that flows overland to the west during heavy rainfall. Within the 0.1 6 acre area to be impacted the dominant vegetation consists of a canopy of mixed slash pine and pond Phone (407) 260-0448 . Fax (407) 260-0446 Mrs. Sandy Bierly Avery Park - Secondary Buffer Response February 1, 2001 Page 2 pine, loblolly bay, and scattered laurel oak; a sub-canopy of like species; and an fairly sparse understory of cinnamon fern, muscadine, and "bahia. When comparing the subject property with the property to the west, it is evident that the subject property is routinely maintained via bush-hogging. The dense palmetto that is ubiquitous in the adjacent property is void within the limits of the subject tract, All that remains are herbaceous species that are periodically mowed. With regard to wildlife utilization, I do not feel that these wetlands provide any great function to aquatic or wetland dependent species. This property provides functions that would be no different than those associated with an upland tract, Due to the lack of any real groundcover, the predominant wildlife utilization of this tract would be that of foraging. It would not provide any real protection nor any nesting/ denning sites. As I stated previously, the area to be impacted is located along the upland-most edge of a seepage-slope wetland. It does not have the same characteristics of that system nor does it really function as a wetland. It contains the wetland vegetation only because it is at the edge of the seepage-slope and the soils become periodically saturated. This is observed in the soils, which are very sandy but contain only scattered organic concretions, which barely allow them to be considered hydric. The second of these proposed impacts is to occur along the project's western boundary, just south of the northern property boundary. The proposed impacts to this wetland area equal 0.74 acres and are associated with the construction of Lots 25 thru 28; Lots 32 & 33; Lot 83; and a portion of the infra-structure. The wetlands that are proposed to be impacted within the above mentioned lots can best be characterized as a mixed forested wetland "finger" that extends into the property from the off-site pond-pine/loblolly bay/saw palmetto seepage slope wetland, The dominant vegetative species within this "finger" consist of a canopy of slash pine, pond pine, loblolly bay, and scattered sweetgum and laurel oak; a sub- canopy of like species; and a sparse understory of palmetto, cinnamon fern, and muscadine, As before, although this system is contiguous to the off- site wetlands, it is not considered to be hydrologically connected, This wetland does not show evidence of inundation, although it does show evidence of saturation. This system appears to be topographically lower than its Mrs. Sandy Bierly Avery Park - Secondary Buffer Response February 1, 2001 Page 3 adjacent uplands by approximately 6". Unlike the 0.1 6 acre tract proposed to be impacted, the majority of this system is not maintained, This;s due to the wetland's more dense canopy and perimeter that preclude machinery from entering the system. (The exception to this is the eastern-most extension of the wetland, where the system is open and consistent topographically with the adjacent uplands. With regard to wildlife utilization, it is not anticipated that this system is highly utilized by aquatic or wetland dependent species, However, it does provide for foraging as well as some level of protection for wildlife species. It is believed that the vast majority of aquatic and wetland dependent species utilize the large, seepage-slope system to the west and the mixed forested wetland to the south for their foraging, nesting/denning, and protection. These systems are large, contiguous tracts of dense canopy and understory vegetation containing scattered clearings, which are ideal for wildlife utilization. As you are aware, the subject project is proposing to utilize the eXIstIng Seminole County Retention Pond for the treatment of its stormwater run- off. In order for this to occur, the project must be graded so that all run- off will flow towards the pond. Unfortunately, for this to occur, it will be necessary to place approximately 4' to 6' of fill along the western portion of the property, extending to the western boundary. This requirement of the project has been taken into consideration when trying to reduce and/or eliminate any wetland impacts. When reviewing options to avoid and/or minimize wetland impacts, the option of avoiding all wetland impacts was not a viable one due to the irregular limits and location of the on-site wetlands. The amount of lots to be lost would preclude this project from providing a reasonably expected profit. Therefore, we began to look at trying to minimize the wetland impacts. Of the total on-site wetlands (11.88 acres), the site plan was designed to incorporate only 0.90 acres of wetland impacts; an area of 0.16 acres within the southwest corner of the development and an area of 0.74 acres along the western boundary. When reviewing these areas in the attempt to Mrs. Sandy Bierly Avery Park - Secondary Buffer Response February 1, 2001 Page 4 minimiZe impacts, it was felt that the area that could best be minimized would be the 0.74 acre "finger" wetland located along the project's western boundary. (The 0.16 acre portion of the on-site wetlands was of lower quality and the impacts were to only a small area.) One option discussed while trying to develop a practicable design modification was to possibly eliminate Lots 26 and 27, as they were to be constructed wholly within wetlands. Unfortunately, as mentioned previously, in order for the project to utilize the Seminole County Retention Pond, it is a requirement that approximately 4' to 6' of fill be placed along the project's western portion, extending to the western boundary. Because of this large amount of fill, it will be necessary to utilize a retaining wall along the project's entire western boundary. If wetland impacts to the 0,74 acre finger wetland were reduced by eliminating Lots 26 and 27, a retaining wall would be required around the northern boundary of Lot 25, along the western edge of the fronting road, and along the southern boundary of Lot 28. This would create not only a serious safety concern to residents of the development but it would also disrupt the project design of alley utilization. In addition, it would create a wetland system that would be surrounded by a 4' to 6' wall, practically eliminating all functional values of the system. By surrounding the wetland with a retaining wall, the adverse affects to the system would be ?ubstantial. The wildlife utilization of the system would be significantly reduced due to lack of access and the hydrology of the system would be negatively affected due to its isolation from surface water flow. If the system were to be surrounded with lots at a similar grade, I think the reduction of impacts to the wetland would be an option. However, because of the large amount of fill and the necessary creation of a retaining wall, I do not believe that the integrity of the system could be maintained post- development, I believe that by providing the proposed mitigation, which consists of the on-site preservation of 1 0.98 acres of forested wetlands coupled with the purchase of 2 credits from a mitigation bank, the ecological benefit provided via the mitigation far outweighs the functional losses incurred by. the elimination of the on-site wetlands. ~ ~ Mrs. Sandy Bierly Avery Park - Secondary Buffer Response February 1, 2001 Page 5 For reasons stated above, only the 10.98 acres of forested wetlands within the southern portion of the property are to remain, These wetlands are adjacent to the Seminole County Retention Pond and all secondary buffer issues in association with these wetlands would have been addressed within the Seminole County Retention Ponds permit. As stated previously, both the remaining 0.74 acre wetland finger and the 0.16 acre corner of wetlands are proposed to be impacted in association with the required fill. Therefore, no secondary buffers are proposed to be provided. Unfortunately, based upon the current site plan, there is the potential for adverse secondary impacts to occur along the western boundary where these systems were impacted. However, it is believed that the design of the project actually off-sets any adverse secondary affects to the adjacent wetlands/uplands. As observed on the submitted engineering plans, the site plan calls for an alley to extend along the western boundary. This alley is to provide access to the adjacent homeowners garage and additional parking. (The design of the project is similar in nature to that of Celebration, where a shared alley is utilized by numerous homes to provide access to their garages, which are situated behind their homes.) Because of the required fill within this portion of the property, a retaining wall will be necessary, This retaining wall will extend the length of the western boundary. Therefore, what you have is a retaining wall with an adjacent :t 16' wide alley (2' shoulder and 14' pavement), the combination of which act as a secondary buffer. By having a 4' to 6' retaining wall adjacent to the off-site wetlands, you are eliminating the potential adverse affect to the system by pedestrian or domestic animal traffic. This potential traffic will be further reduced by the installation of either fencing or barriers along the top of the wall, which provide safety measures to the residents. This retaining wall also acts as both a visual and auditory buffer between the wildlife and the development. In addition, by locating the alley between the retaining wall and the residential homes, an additional buffer is being provided between the wetlands and rear of the adjacent lots. This alley will lessen the potential for lawn debris being placed into the wetlands by adjacent homeowners, being that their rear lot line is .. Mrs. Sandy Bierly Avery Park - Secondary Buffer Response February 1, 2001 Page 6 not contiguous to the off-site lands. It should also be mentioned that this alley provides access only to the homeowner's parking area; it is not a road and as such will incur only a very small amount of traffic. The roadways have been located along the frontage of the homes, This will also assist in the reduction of potential adverse auditory affects. With regard to Lot 84, the dimensions of the lot and those necessary for the building pad do not allow for a secondary buffer adjacent to the wetlands. Therefore, it is proposed that a split-rail fence with accompanying wax myrtle plantings be utilized as a secondary buffer. It is believed that the combination of these elements will aid in the prevention of both pedestrian and domestic animal traffic within the wetland (via the split-rail fence) as well as reducing the visual and auditory affects to wildlife (via the wax myrtle). This concept has been utilized and approved by the District on other projects and is believed to be an appropriate substitution in this case. The split-rail fence is proposed to run from the beginning of the retaining wall to the edge of the Seminole County Retention Pond, which is approximately 180' in linear length. In addition to the fence, it is proposed that a total of 18 wax myrtles will be planted at 10' o.C.. It is the believe of this firm that the above proposed development plans will off-set the potential adverse affects that would have been provided by the 25' secondary buffer, which was not possible to provide with the development 'of this property. If you have any questions or need any additional information, please contact me at your convenience, Thank you, Sincerely, ~_. -;-~~----.:- .~ _/ \~,. \ Stephen Butler Morgan Environmental Consulting, Inc, / GA TES 'V Cahill Memo w/attachment (02/26/01) 'V Morrison Letter 'V Graham Letter (Morrison's Attorney) g CAHILL ENTERPRISES, INC_ CHCDEVELOPMENTca,W~ MEMORANDUM TO: FROM: DATE: RE: Ron McLemore, City Manager - City of Winter Springs Carl H, Cahill February 26, 2001 Avery Park We believe there are several significant reasons for having entrance security gates at Avery Park, and have listed them below for your review and consideration: Avery Park is located on the southernmost extreme end of the Town Center District, and a good distance from the Core Center (Main Street) on the north side of SR 434. There is no possible expansion of Town Center to the south or west of Avery Park due to wetlands. A very important fact is that the entry to Avery Park is from TuskawillaRoad- a four- lane, divided road that is the main north/south thoroughfare in Winter Springs. We believe that a gated entry will deter only those who are not residents or guests of Avery Park, protecting the community from random outside access, and rendering a certain degree of protection for the residents. The gates will not inhibit or restrict the flow of vehicular and pedestrian traffic within the Town Center District. The development to the north - if and when it is ever developed, and if it becomes Town Center zoning - will have two main ingress/egress streets to the east on Milky Way Street and Natures Way Street, which lead to Tuskawilla Road, Thus, there would be no reason for those residents' vehicular traffic to pass through Avery Park's main entry for access,' Pedestrian traffic would certainly be allowed and accommodated from any Town Center project adjacent to the north of Avery Park. Avery Park is a totally residential community with its own recreational park consisting of a community swimming pool, tot lot, half basketball court and an open soccer field/playground area. Since there will be no retail or commercial business in the community, only residents, guests and service personnel will have reason to enter the subdivision before the property to the north might ever be developed as part of Town Center. If that property is'ever annexed into the Town Center district and developed, then the streets on the north side of Avery Park that are stubbed to the north property line can be opened for vehicular and pedestrian traffic flow to and from that development. 131 Park Lake St. . Orlando. FL 32803. (407):422-5456. FAX: 841-1623 Ron McLemore February 26,2001 Page Two Weare very concerned that without entry gates, people - particularly children and teens ~ who are not residents of the Town Center Community, will enter Avery Park from Tuskawilla Road and enter the recreational area, swimming pool, basketball court, etc., and could possibly be injured - creating extensive liability for the. Avery Park Homeowners' Association. Avery Park will be an upscale neo-traditional community with homes in the $300,000 price range. The builder, Morrison Homes, has all 88 lots under contract. Morrison is one of the major builders in Celebration, Florida for this type product that they will be . building in Avery Park. Morrison also builds in 23 other communities in Central Florida, and sold 483 homes in the year 2000. They strongly believe that the buyers of this price home require a gated community, especially when the subdivision is on amain four-lane . road system. Another neo-traditional cQmmunity - Windsor - in Vero Beach; Florida (planned by DUANY and PLATER-ZYBERK) has a gate at the residential entrance. The entry area at Avery Park will be attractive, well landscaped, with an open feel. We plan to have a berm approximately 3 feet above grade along Tuskawilla Road frontage with a 4-6 ft. picket fence on top of the berm. There will be landscaping of trees and shrubs behind the fence, The entry gates could be only 5-6 feet in height, and designed to be unobtrusive and add to the overall aesthetics of the project. It is of extreme importance that Avery Park is successful from the very beginning by attracting affluent buyers who desire the Town Center family neighborhood, but also want the feeling of safety and security for their children. These buyers want security gates for that kind of protection. Please read the attached reprint from the Florida Journal (WSJ) which comments on the positive marketability and overall value of a gated community versus non-gated. We respectfully request the permit for entrance security gates at A very Park, and appreciate your consideration, CRC :pf Attachment Dow Jones lnteractive@ Publications Library Page lof5 ~a~'~~~:l~'~~'~:=~':1<~.~ones~~i~tio~ijbraiN) ~-" :&l......';".....li.:i~..,./.,~ t~~'J-., ........,_'_.. 'L ',,,;r..1.-~,-.ilU . w..~ ,~,~~... t:.~, THE WALL STREET JOrRXAL. Article 6601200 FLORIDA JOURNAL Three Keys in Real Estate Today: Gates, Gates, Gates By Matthew R. Gomez 06/1 7/1998 The Wall Street Journal Florida Journal Page F 1 (Copyright (c) 1998, Dow Jones & Company, Inc.) ORLANDO -- On one side of Apopka- Vineland Road, in the prestigious Dr. Phillips neighborhood, is the thriving subdivision of Bay Ridge. The contemporary stucco homes, built in the early 1990s and priced at $170,000 to $230,000, found buyers quickly, and some have even been resold. Directly across the street is the Villas at Bay Hill development. Its homes were built just a few years later, and the prices were roughly the same. But this subdivision is anything but thriving. Only seven of the 28 lots have been sold, and the rest are vacant and covered with weeds. The reason for the disparity, residents of both complexes say, is evident right at the entrance: Bay Ridge has a gate, and the Villas at Bay Hill doesn't. "This is a beautiful area," says Villas resident Jane Denny. "There's no reason why these lots shouldn't be sold by now. No reason, except for the fact that this should be a gated community." All over Florida, in fact, developers are quickly discovering an ironic axiom for the state's real-estate market: If you want to attract people to a new community, you've got to be able to keep people out -- with a big steel gate. These security gates have become a big draw, if not a necessity, for home buyers seeking to flee crime and traffic congestion up North and those who want to retreat from the mobs of tourists down here. And, residents say, they have become one of the most important factors in determining property values, not just at the newly gated communities, but also at the ungated ones left in their shadows. http://nrstgls.djnr.com/cgi-bin/DJInteractive?cgi=WEB _ ST _ STOR Y &GJANum=2003 780L. 2/23/2001 Dow Jones Interactive@ Publications Library Page 2 of5 "The gates work real well," says Richard Kline, a Bay Ridge resident. "Society has forced us to do this. The gates ward off people who don't belong here, salesmen and such. I'm old. I don't want to have to worry about that stuff." Still, the decision to build a gate isn't a simple one, whatever the benefits to property values. The gates must be approved first by the County Commission, and once a public road is restricted by a gate, it becomes the subdivision's property, and residents are responsible for maintaining it. "There is a perception of greater security and prestige that comes with li:ving in a gated community," says Teresa Jacobs, president of the Orange County Homeowner's Association, which represents] 60 community housing associations. "There are some serious drawbacks, however. Once residents assume responsibility for their own roads, parking and speeding violations become tougher to enforce. You may have to negotiate privately with the police to patrol the area. School buses may not have convenient access, which raises a safety concern. There's a lot to think about before building that gate. " Recently, amid a boom in the number of gated developments, the Orange County Commission voted to require that any transition to a gated community be supported by ] 00% of its residents, to make sure that the added construction and maintenance costs aren't forced on current residents. In the end, though, the gates are a "win-win" situation, says County Commissioner Bob Freeman. "When you have gated communities, the residents still pay taxes, but [separate] monies are escrowed each year in the homeowners association budget to pay" for maintaining the roads behind the gates, says Mr. Freeman, who lives in the gated Orange Tree subdivision. "It frees up more money in the county to be spent elsewhere and gives residents a better feeling of security and community control." The flip side of that is the rising discontent -- and the threat of diminished property values -- at competing, ungated communities. Just a drive down Apopka- Vineland Road shows how security gates are changing the landscape and the real-estate market. Among the dozens of subdivisions that line the street, almost none were being built as gated communities several years ago. But of the five subdivisions built since 1994, all but one is gated. Lately some of the ungated communities have moved to install gates, not so much for security reasons, but as a marketing tool to preserve property values in the face of competition from the newer, gated communities. It all started with Bay Ridge, says Irene Hemmert, former president http://nrstg1s.djnr.com/cgi-bin/DJInteractive?cgi=WEB_ST_ STORY &GJANum=2003 7801... 2/23/2001 Dow Jones Interactive@ Publications Library Page 3 of5 of the homeowners association at the ungated Brentwood Club, located on Apopka- Vineland Road about five miles south of Bay Ridge. "When we bought our home in Brentwood in 1991, gates were not an issue," says Mrs. Hemmert, "Even the nicest communities along Apopka-Vineland Road didn't have them." But when Bay Ridge opened, she sayS, standards for security and amenities in the area started to change: "After Bay Ridge came other gated places on either side of us: Phillips Landing and Turtle Creek, which have some homes priced lower than Brentwood, and they're selling fast. Gates make people want to pay more," she says. At Brentwood, a subdivision of 110 homes priced from about $250,000 to nearly $700,000, not having a gate is starting to hurt property values and resales, says Ms. Hemmert, who sold her house in the community last August after her husband's employer transferred him to Minneapolis. "We took a $5,000 loss on a beautiful house that we had lived in for six years," she says. "1 blame the lack of a gate, and the fact that new gated communities are being built all around Brentwood." Mrs. Hemmert spearheaded Brentwood's drive to become gated and secured written permissions from 100% of the residents, as required by the county. But the subdivision still hasn't received county approval because of a dispute with a neighboring, ungated community, Bristol Park, over whether a small road that connects the two can be gated off, along with the main entrance on Apopka- Vineland, Perhaps the most glaring example of the disadvantage ungated communities face is the Villas at Bay Hill, where three-quarters of the lots remain unsold and the lack of a gate has embittered residents. Barney Bagwell's house stands on a comer lot within sight of the ungated entrance. From his front lawn, Mr. Bagwell can see traffic streaming along Apopka- Vineland Road, which leads past an entrance to Walt Disney World 10 miles south. A gate would be a big aesthetic improvement, he figures, and help keep noisy through traffic out of his subdivision. "We need that gate," he says. "Big cement trucks have come in here and have knocked down street signs." For others, it's a matter of privacy. "1 really don't want tourists on my front step," says Paul McConnell, who lives about eight lots away from Ms. Denny. "With no gate to stop them, anyone can drive in here at any time." http://nrstgl s.djnr.com/cgi-bin/DJlnteractive?cgi=WEB _ ST _ STORY &GJANum=2003 780(,.. 2/23/2001 \, Dow Jones lnteractive@ Publications Library Page 4 of5 " Mr. McConnell recalls a stranger who drove through and stopped to ask for directions to NASA's Cape Canaveral center, which is 60 miles away. "I told him to drive east," Mr. McConnell says. "Stop when you see the ocean." All seven families at Bay Hill are firmly in favor a building a gate, and soon -- before their property values suffer and their community deteriorates. For now, however, the matter remains tied up in a dispute over who would pay for it. Neither the developer, Pizzuti Coso of Columbus, Ohio, nor the builder, D.R. Horton Inc. of Arlington, Texas, wants to foot the bill. Security-wall systems, gates and landscaping typically cost $20,000 to $30,000 without a guard's station, and associated maintenance costs can run from a few hundred dollars to as much as $50,000 in years when the interior roads need major repair. David Auld, Orlando -area vice president ofD.R. Horton, says a gate at the Villas would be less expensive to install, partly because a traffic signal already in place at the intersection would help to monitor traffic flow -- making the entrance easier to design. Yet there has been no action from Pizzuti to secure county approval to begin building the gate. The company didn't return telephone calls seeking comment. Residents at the Villas are frustrated by what they perceive as broken promises and stalling tactics by both companies. "I was promised in writing [by D.R. Horton] when I bought the lot that this community would be gated," says Ms. Denny, the first lot buyer at the Villas in 1996. "I mortgaged my house in Bay Hill for this place and I wouldn't have done so if! didn't think there would be a security gate. Obviously, we're not a priority." Mr. Bagwell echoes that. "When we bought this home in September 1996, D.R. Horton promised it would be a gated community," he says. "I thought, 'Great, that should keep all the traffic out.'" Mr. Auld acknowledges that Horton marketed the Villas as a gated community, but only after being assured by Pizzuti that a gate would be built. "Our company has a wonderful relationship with Pizzuti," Mr. Auld says, but "the responsibility to build the gate is theirs. It is to Pizzuti's economic benefit to gate the Villas at Bay Hill. It is not succeeding as an ungated community." Mr. Bagwell, for his part, is eager to have the matter resolved quickly. "I was just looking for a place to relax and play golf every day," he says. "I didn't realize there would be such a fuss over gates. " He also hopes the gate will be enough to lure buyers to the empty http://nrstgls.djnr.com/cgi-bin/DJInteractive?cgi=WEB _ ST _STORY &GJANum=2003780c.. 2/23/2001 " Dow Jones Interactive@ Publications Library Page 5 of 5 lots. "I'm a friendly guy," Mr. Bagwell continues. "I'd like to have some neighbors." .: , . Brentwood Club . Gated I_ Ungated I · Seeking Gate ...;'tl,:...~!1~1 ~ . Copyright @ 2000 Dow Jones & Company, Inc. All Rights Reserved. ,- .- - - .- -= - "- - - - eJVlce . Other Dow Jones Products J.' ...."- --. >'!"t- ..... ", ,,-T ',.. -.. - '~1.," http://nrstg1s.djnr.com/cgi-bin/DJlnteractive?cgi=WEB _ ST _ STORY &G JANum=2 003 780c.. 2/23/2001 ==~ BEST ~ BUILDEA~ ;' ") ~~ March 7, 2001 Mr. Ron McLemore City Manager City of Winter Springs 300 N. Moss Road Winter Springs, FL 32765 RE: Avery Park Dear Mr. McLemore, Morrison Homes is currently under contract with Carl H. Cahill, CHC Development, to purchase the lots that are located on the southernmost end of the Town Center District. As you are well aware, Morrison has built many homes within the City of Winter Springs and is extremely excited about being part of the development of the new Town Center District and continuing our relationship with the City of Winter Springs. It has been brought to our attention that there is a concern from the City of Winter Springs about the community of Avery Park becoming a gated community. As you can understand, the success of Morrison selling homes is based upon meeting the customers' demand in regard to what type of things they are looking for in purchasing a home. The customer's number one request for a home purchase is still location, location. The number two request is a safe and secure community for their families. With this community being located directly off Tuscawilla Road, which is now a four-lane road and will be heavily traveled, it is critical that A very Park become a gated, secured-access community. The security gates we plan at A very Park are similar to our gates in our other gated communities within the City of Winter Springs: Creeks Run, Howell Creek and Eagle Watch, I am asking for the City of Winter Springs to approve our request for the community of Avery Park to be a gated community. Also, I have attached a letter from our attorney in regard to various legal issues that our homeowners at Avery Park will face if the community is not a gated community. If! can be of any assistance in regard our request, please give me a call to discuss. ~ Steven A. Parker Regional Vice President 151 Southhatl Lane. Suite 200 . Maitland, FL 32751 Ph 407-629-0077 . Fax 407-629-5282. www.morrisonhomes.com ATLANTA AUSTIN DAllAS FT. LAUDERDALE HOUSTON ORLANDO PHOENIX SACRAMENTO SARASOTA TAMPA WEST PALM BEACH GRAHAM, BUILDER, JONES, PRATT & MARKS, LLP ATTORNEYS AT LA W 1. LINDSA Y BUILDER, JR. DOUGLAS K. GARTENLAUB JESSE E. GRAHAM JESSE E. GRAHAM, JR. VALERIE JAHN GRANDIN JESSICA K. HEW FREDERICK W. JONES JEFFREY L. KAPLAN HOWARD S. ivlARKSOO SAMUEL M. NELSON JAMES R. PRATf GEOFFREY D. WITHERS j\1arch 2, 2001 MAILING ADDRESS: P.O. DRAWER 1690 WINTER PARK, FL 32790-1690 DELIVERY ADDRESS: 369 N. NEW YORK A VENUE WINTER PARK. FL 32789 TELEPHONE (407)647-4455 FACSIMILE (407)740-7063 ('BOARD CERTIFIED (CIVil. LiTIGAflUN) o BOARD CERTIFIED (BlJStNF.ss LITlO1\TION) E-MAIL:jgraham_@grahamclark.com Mr. Steven A. Parker Division President Morrison Homes of Florida, Inc. 15 1 Southhall Lane, Suite 200 Maitland, Florida 3275 1 Dear Steve: The final site plan approval hearing before the City of Winter Springs Town Council will be held next week. If you will recall, your contract for the purchase of finished lots contemplates that the community will be gated. It is very important that the representatives of the City of Winter Springs understand the need for the gated community. As you know the amenity center for the homes within the subdivision will be located very close to Tuscawilla Road and will be visible from Tuscawilla Road. Without security gates, there is a high probability that persons other than residents wi II utilize the recreational amenities. Not only does this cause potential danger to the residents using the facility, it also increases the liability risk of the homeowners association. Many of the developments and subdivisions in which you are building and selling homes are gated communities. The homes which you are constr\lcting in Keene's Point in Orange County and the Heathrow development in Seminole County are examples of the gated communities in which you are located. We are closing your sales to home buyers in those and 'other gated communities. On numerous occasions, during the closing, we hear comments from the home buyers on the advantages of living in gated communities. The home buyer feels secure and unwanted cut through and miscellaneous vehicular traffic is eliminated. The home buyers have indicated that their personal protection and the protection of their children is substantially enhanced in a gated community. If we may be of assistance to you in helping stress these and other advantages of a gated community to the City of Winter Spring Town Council, please do not hesitate to contact me regarding the same. JEG/klb VINYL FENCING 'V Lifetime Brochures 'V Buff tech Brochures """ . .. -- 1 ' 0-- , 'I 'f] co ---l ..c +-' '~- ,- , - Co o<:l >- c t: 0 CI.l CI.l U +-' uc~ cocos - ~ CI.l ~ :; o<:l en > ~ ~ +-' 0 Qc..~ ~.. 0 trj _ ~ u~c!i Q ~S~~o<:l ~ _ .. 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