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HomeMy WebLinkAbout2002 04 22 Regular M Preliminary Subdivision/Engineering Plans for Wagner's Curve .~ :/ .' COMMISSION AGENDA ITEM M Consent Information Public Hearilne Reeular X April 22. 2002 Meeting MGR.r /De~_ -.-, . REQUEST: The Community Development Department requests the City Commission approve the preliminary subdivision/engineering plans for Wagner's Curve. PURPOSE: The purpose of this agenda item is to present to the Commission, the recommendation of the staff and the Planning and Zoning Board regarding the proposed preliminary subdivision/engineering plans for Wagner's Curve, featuring 158 townhouse units and a 1.6-acre commercial site on a total of 16.11 acres. A separate site plan, both preliminary and final, must be submitted and receive all necessary approval for the commercial site before construction may commence. APPLICABLE CITY CODES: Chapter 5. Arbor Ordinance. Section 9-26. Maps, engineering plans and plats to be submitted in preliminary and final form. Section 9-46. Filing and contents of preliminary map and plans. Section 9-102. Entire tract to be used; land-locked areas prohibited. Section 9-103. Public sites and open spaces, exception. Section 9-147. Minimum right-of-way and paving width. Section 9-157. Private Streets. Section 20-234. Conditional Uses [for the C-l zoning district]. I April 22, 2002 Regular Item M Page 2 Section 20-463. Applicability to new development over'lay district Section 20-465. Setbacks. Section 20-468. Landscaping. Development Agreement (please see attached) CHRONOLOGY: July 9,2001 City Commission approved Conditional Use to allow multi-family dwellings in the C-I zoning district January 9,2002 Conditional Use expired February 11,2002 City Commission approved Development Agreement March 5, 2002 Applicant submitted preliminary subdivision application package March 8, 2002 City Attorney writes letter opining that conditional use for multi-family development does not need to be re-instated, due to approval of the binding Development Agreement April 3, 2002 Planning and Zoning Board recommends approval of preliminary subdivision plan FINDINGS: 1. Although the site is within the C-l zoning district and the SR 434 New Development Overlay District, the Development Agreement (approved February 11, 2002) provides for certain variations from the regulations associated with these zoning districts. These variations include, but are not necessarily limited to, the following: a. internal road right-of-way (ROW) width is proposed for as narrow as 24 feet - the Code (Sec. 9 - 147) requires at least a 50-foot wide ROW; b. the internal roadway includes pavers, which are inconsistent with the City Code, but are consistent with the Town Center theme and have been used elsewhere throughout the City; c. building setbacks and landscaping are inconsistent with the SR 434 New Development Overlay District, but have been meticulously negotiated with the City's Town Center consultant, Victor Dover, to promote the desired Town Center theme; and 2 April 22, 2002 Regular Item M Page 3 d. tree replacement is inconsistent with the Chapter 5 arbor requirements (please see attached memo from Code Enforcement Manager Jimette Cook). PLANNING AND ZONING BOARD ACTION: At its regularly scheduled meeting of April 3, 2002, the Planning and Zoning Board voted to recommend approval of the Wagner's Curve preliminary subdivision plan. RECOMMENDATION: The Planning and Zoning Board and Staff recommend approval of the Wagner's Curve preliminary subdivision plan. ATTACHMENTS: A. Development Agreement B. City Attorney's letter of March 8, 2002 C. Code Enforcement Manager's April 1, 2002, memo D. Final Subdivision Plan (please see attached) COMMISSION ACTION: 3 ATTACHMENT A Development Agreement Prepared by and Return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 ~~ ~) ~\ ~~7 Parcel 1.0. Nos. 26-20-30-5AR-OOOO-18C 26-20-30-5AR-OOOO-0200 BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the ADevelopment Agreement@), made and executed this day of ,2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the ACity@), whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership (herein referred to as ASprings@), whose address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP SHORES LIMITED PARTNERSHIP, a Florida limited partnership (herein referred to as A,Jessup@), whose address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida, 32751, and CENTEX HOMES, a Nevada general partnership (herein referred to as . ACentex@), whose address is 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida, 32714. WITNESSETH: WHEREAS, Springs and Jessup jointly own certain real property in the City of Winter Springs, Florida, described in Exhibit AA@ attached hereto and incorporated herein by reference (herein referred to as the ASubject Property@); and ~.; 1 WHEREAS, the Subject Property is currently within an area designated as AC-1 Neighborhood Commercial District@ according to the zoning classification records of the City; and WHEREAS, Centex has entered into a contract to purchase a portion of the Subject Property from Springs and Jessup for development as an attached multifamily townhome residential community, described in Exhibit AG@ attached hereto and incorporated herein by reference (herein referred to as the AResidential Property@), subject to obtaining an appropriate conditional use approval, variance or rezoning of the Residential Property from the City; and WHEREAS, the townhome units will be offered for sale to the public; and WHEREAS, Springs and Jessup desire to retain the right to devE~lop the portion of the Subject Property not sold to Centex described in Exhibit AH@ attached hereto and incorporated herein by reference (herein referred to as the ACommercial Property@) for commercial purposes; and WHEREAS, development of the Residential Property and Comm9rcial Property will require construction of a common entrance road for vehicular access to State Road 434 . to be shared by the residents of the Residential Property and the occupants of the Commercial Property, and by the guests and invitees of such owners and occupants described in Exhibit AI@ attached hereto and incorporated herein by reference (herein referred to as the APrivate Entry Street@), and a landscaped and improved area adjacent to the Private Entry Street described in Exhibit AJ@ attached hereto and incorporated herein by reference (herein referred to as the AEntry Feature Property@); and .. 2 WHEREAS, Springs and Jessup and Centex are willing to develop the Subject Property under its current AC-1" zoning classification in exchange for the covenants of the City herein set forth; and WHEREAS, the City Commission has recommended entering into a Binding Development Agreement with Springs and Jessup and Centex for development of the Subject Property; and WHEREAS, in addition to Springs=, Jessup=s and Centex=s compliance with all City Codes, permitting, and construction not in conflict herein, the City, Springs, Jessup, and Centrex desire to set forth the following special terms and conditions; and WHEREAS, the City Commission of the City of Winter Sprin!Js finds that this Agreement is consistent with the City=s Comprehensive Plan and land development regulations and is a legislative act of the City Commission of the City of Winter Springs; and WHEREAS, the City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City=s powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and Chapter 166.021, Florida Statutes, and the City=s police powers. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. '" 3 2. Authority. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of Winter Springs. 3. Representations of Centex, Springs and Jessup. Centex, Springs and Jessup hereby represent and warrant to City that Centex, Springs and Jessup have the power and authority to bind the Subject Property and execute, deliver and perform the terms and provisions of this Development Agreement, have an equitable or legal interest in the title to the Subject Property, and have taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. 4. Town Center Zoning. Provided that the terms and conditions of this Development Agreement are satisfied by Springs, Jessup and Centex, or their respective successors in title, the City shall not rezone the Subject Property, or any part thereof, into the Town Center Zoning District (herein referred to as A Town Center@), as long as this Development Agreement shall remain in effect, unless the parties agree to initiate the rezoning to Town Center. To the extent that the City Commission determines, at its reasonable discretion, there is a specific and direct conflict between the terms and conditions of this Development Agreement and the provisions of the Code of Ordinances of the City of Winter Springs, the parties agree that the provisions of this Development Agreement shall control as if approved by the City Commission as a legislative act. Moreover, the City acknowledges that the underlying land use designation for the Subject Property is AMixed Use@, and the City agrees not to initiate, sponsor or support any attempt to change the underlying land use designation as long as this Development ~.,; 4 Agreement shall remain in effect, unless the parties agree to initiate the change of land use designation. 5. Residential Property Conditions. The parties covenant and agree that the Residential Property shall be developed in accordance with the plans and specifications identified as Wagner=s Curve Mixed Use Development, dated 10/01, (herein referred to as the A Townhome Plans@) attached hereto as Exhibit AB@ and incorporated herein by reference, and the Residential Development Standards (herein referred to as the@Townhome Standards@) attached hereto as Exhibit AC@ and incorporated herein by reference. As used in this Development Agreement, and in the Townhome Plans and Townhome Standards, the terms > Townhome Unit= or >Unit= mean an individual townhouse dwelling intended for occupancy by a single family and attached by a party wall to another Townhome Unit, and the terms> Townhome Building= or >Building= mean a structure consisting of two or more Townhome Units attached by party walls under a common roof. The developer of the Residential Property shall have the right to amend the Townhome Plans and/or Townhome Standards provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any building may be deemed non-material by the City, and may be approved by City Manager. All material modifications of the Townhome Plans and/or Townhome Standards shall be subject to review and approval of the City Commission, and, at the option of the City, may be memorialized by an amendment to this Development Agreement. 6. Phased Townhome Construction. City and Centex agree that the " 5 Townhome Buildings shall be constructed in the numerical sequence set forth in the Townhome Plans attached hereto as Exhibit AB.@ 7. Commercial Property Conditions. The parties covenant and agree that the Commercial Property shall be developed in accordance with Commercial Development Standards (herein referred to as the ACommercial Standards@) attached hereto as Exhibit AD@ and incorporated herein by reference. The developer of the Commercial Property shall have the right to amend the Commercial Standards provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any building may be deemed non-material by the City, and may be approved by the City Manager. All material modifications of the Commercial Standards shall be subject to review and approval of the City Commission, and, at the option of the City, shall be memorialized by an amendment to this Development Agreement. 8. Private Entry Street. The parties covenant and agree that the Private Entry Street shall be developed in accordance with the plans and specifications approved by the City. Centex, Springs and Jessup agree that the Private Entry Street Plans shall be submitted to the City for approval within ninety (90) days of the effective date of this Development Agreement. The Private Entry Street shall be designed as a traditional town center street, shall include town center architectural features which are acceptable to the City, and shall be designed substantially similar to that depicted on Exhibit AE.@ The Private Entry Street shall be platted along with either the Residential Property or the Commercial Property, whichever shall be platted first. Construction of the improvements depicted on the Private Entry Street Plans shall have been completed prior to the issuance ... 6 of a Certificate of Occupancy for the model Townhome Units or for the first commercial building constructed on the Commercial Property, whichever occurs first. Centex, Springs and Jessup, or their successors in interest, jointly, shall have the right to amend the Private Entry Street Plans provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any improvement may be deemed non-material by the City, and may be approved by the City Manager. All material modifications of the Private Entry Street Plans shall be subject to review and approval of the City Commission, and, at the option of the City, shall be memorialized by an amendment to this Development Agreement. The City acknowledges that the Private Entry Street may have sections paved with stabilized brick pavers rather than concrete or asphalt paving. 9. Entry Feature Property. The parties covenant and agree that the Entry Feature Property shall be developed in accordance with the plans and specifications approved by the City. Centex, Springs and Jessup agree that the Private Entry Plans shall be submitted to the City for approval within ninety (90) days of the effective date of this Development Agreement. The Private Entry Feature shall be designed with enhanced plantings and as a traditional town center architectural feature which shall create a long lasting statement to the public. The Private Entry Feature Property shall be designed substantially similar to that depicted on Exhibit AF.@ Construction of the improvements depicted on the Entry Feature Plans shall have been completed prior to the issuance of a Certificate of Occupancy for the model Townhome Units or for the first commercial building constructed on the Commercial Property, whichever occurs first. Centex, Springs and ... 7 Jessup, or their successors in interest, jointly, shall have the right to amend the Entry Feature Plans provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any improvement may be deemed non-material by the City, and may be approved by the City Manager. All material modifications of the Entry Feature Plans shall be subject to review and approval of the City Commission, and, at the option of the City, may be memorialized by an amendment to this Development Agreement. The Entry Feature Property to the City shall be subject to the right reserved to the Residential Property to erect and maintain a sign near the intersection of the Private Entry Street and S. R. 434, visible from S.R. 434, bearing the name of the Townhome project. Any such sign shall comply with Article VI, Section 20-470, S. R. 434 Corridor Vision Plan Regulations of the Winter Springs Land Development Code, and may be a permanent structure including monumentation, landscaping, irrigation and lighting, provided that said sign shall be designed in such a manner as to be consistent with Town Center design standards set forth in the Town Center District Code. Any such sign and associated improvements shall be maintained at the sole expense of the property owners association of the Residential Property. 10. Traffic Signal. The parties acknowledge that a traffic signal is being designed and permitted at the intersection of the Private Entry Street and S.R. 434 by Seminole County with the input and assistance of the City, and the Seminole County School Board. The traffic lights shall be installed at no expense to Centex or Springs and Jessup. 11. Compliance with City Tree Ordinance. Development of the Subject .. 8 Property shall be subject to compliance with the City=s Arbor Ordinance as set forth in the City Code, as amended, and subject to the Tree Replacement Guidelines set forth in this section. 11.1 Tree Replacement Guidelines. a. The following words shall have the meaning ascribed below unless the context clearly indicates otherwise: (1) Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the City Code of Ordinances otherwise known as the City Arbor Ordinance. (2) Preferred Plant List. Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit AK@ of this agreement. In addition, the DO Blanchard Magnolia, Magnolia Grandiflua, at the 65 gallon size will be considered a preferred plant at a replacement credit ratio of 5:1. (3) Tree Replacement Assessment. Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs as provided in the Arbor Ordinance for the replacement of trees cut, destroyed, or removed from a property in the City as a result of development or redevelopment. (4) Tree Replacement Credit. Tree Replacement Credit shall be equal to one-hundred ($100.00) dollars and no cents in tree replacement value. b. In consideration of trees which shall be cut, removed or destroyed from the .. 9 '. Residential Property and Commercial Property by Springs, Jessup, and Centex or their agents, Springs, Jessup, and Centex, jointly, shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tree Replacement Assessment established by the City. c. Springs, Jessup, and Centex may deduct from their Tree Replacement Assessment, Tree Replacement Credits based on the number of replacement credits as provided in the Preferred Plant Material List provided that: (1) All plant materials are Florida Grades and Standard One (1) or better; (2) All plant materials are properly installed; and (3) The landscape plan for the proposed development to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida. d. In addition, the following requirements shall apply: (1) For every tree removed (greater than 14 inch caliper), one replacement tree shall be planted. The replacement tree shall be a minimum of 22 inch caliper container grown (30 gallons). (2) With respect to the dense pine trees which were apparently planted for silviculture purposes in the middle of the Residential Property, these pine trees shall be removed and replaced in accordance with the natural growth patterns located elsewhere on the Residential Property. In other words, the number of replacement trees shall be determined using the average density (i.e., number) of trees per acre .. 10 located on the Residential Property, excluding the area where the dense pine trees are located in the middle of the Residential Property. (3) The size and species of the existing trees that are removed shall not be considered in determining the required replacement trees unless a particular existing tree is exempt from this requirement pursuant to the City=s Arbor Ordinance (e.g., specimen tree). 12. Fencing. Fencing along S.R. 434 and the western boundary of the Residential Property shall be see-through decorative aluminum material with brick columns and certified to meet all code requirements. The distance between brick columns shall be reasonably acceptable to the City. Said fencing along the western boundary shall extend at least to the south end of Townhome Building #13 from S.R. 434 or until it .is no longer visible from SR. 434, from the east and west motor vehicle approaches, but in no case beyond the south end of Townhome Building #14. The fencing and the landscaping related to the fencing, along with the streetscaping along SR. 434, shall be constructed in conjunction with the Private Entry Street and Entry Feature. The City reserves the right to withhold the issuance of any Certificate of Occupancy upon the City=s determination that the aforesaid is not being timely constructed as required hereunder. 13. Other Applicable Conditions. The elements of the improvements depicted in the Townhome Plans and the Commercial Standards will govern exterior appearance and placement, including without limitation, architectural elements, common area improvements, parking areas, private streets, Private Entry Street, Private Entry Feature, and setback lines. The parties acknowledge that in addition to complying with the approved Townhome Plans and/or Commercial Standards, as the case may be, regarding '. 11 exterior appearance and placement, all structures and improvements constructed or installed on the Subject Property shall be subject to compliance with applicable building codes, and nothing in this Development Agreement or in the Townhome Plans or Commercial Standards shall be deemed to alter any applicable buildin9 code. 14. Private Streets within Residential Property; Gates. As depicted in the Townhome Plans, the City agrees that the streets and driveways within the Residential Property will be privately owned and maintained by the property owners association created for the Residential Property, and that access will be controlled by electrically operated gates. The gates shall be located as depicted in the Townhorne Plans, and the private streets shall connect to the Private Entry Street at the boundary between the Residential Property and the Private Entry Street. The portion of the private streets between the gates and the Private Entry Street shall be maintained exclusively by the property owners association for the Residential Property, and the City shall have no obligation to provide maintenance for any portion of such private streets. The electric gates shall be fitted with devices allowing immediate entry and exit of emergency, fire and/or police vehicles and personnel, as well as U. S. Postal Service personnel and vehicles, and City service personnel and vehicles. The engineer of record shall provide a signed and sealed estimate of the cost of annual maintenance as well as the cost to resurface the road, the property owners association, or their successors in interest, shall cause a Florida licensed Certified Public Accountant to annually certify to the City that adequate funds are being collected from the owners to meet the future value of those engineer=s estimates. 15. A~~re~ated Development. For development purposes, the Residential .. 12 Property and Commercial Property shall be aggregated as one single development under the terms and conditions of this Development Agreement and the City Code. However, it is understood by all parties that the Commercial Property and Residential Property may be developed by separate entities. If said properties are developed by separate entities, a default under this Agreement by one entity shall not constitute a default by the other entity, unless the default involves a joint obligation of the entities under the terms and conditions of this Agreement. In which case, a default by one entity shall constitute a default by the other entity. 16. PlattinQ: Developer=s Limited RiQht to Terminate. Upon the effective date of this Development Agreement, Springs, Jessup, and Centex shall promptly submit and prosecute with the City an application for development approval consistent with the terms and conditions of this Agreement. The application shall be prosecuted in good faith and shall be subject to the City Commission=s approval. Springs, Jessup, and Centex, jointly, shall have the right to terminate this Agreement until such time final engineering and construction plans are approved by the City Commission, at which time Springs= Jessup=s, and Centex=s right to terminate this Agreement shall expire. 17. Government Services, The City shall provide police, fire, emergency and garbage collection services to the residents of the Residential Property, and, provided that the Residential Property is developed in accordance with this Development Agreement, garbage collection shall be provided on a unit-by-unit basis comparable to such services provided by the City to residents of single-family detached homes. The City=s personnel, contractors, vendors and suppliers shall have unrestricted access to the Residential Property for the performance of their duties, and the Residential Property shall be subject '" 13 to an easement for access over and upon the private streets and common areas of the Residential Property for the benefit of police, fire, emergency and utility personnel, as well as the United States Postal Service and commercial delivery services. 18. Successors and Assi~ns. This Development Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. 19. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 20. Homeowner=s Association Documents; Third Party Beneficiary. Centex, Springs, and Jessup agree that the Residential Property shall be managed by a homeowner=s association. Centex, Springs, and Jessup agree that the homeowner=s association documents shall be submitted to the City for review and approval prior to recording. The documents shall provide that the City shall be designated as a third-party beneficiary to be in privity with Centex, Springs, and Jessup and the property owners= association for the purpose of enforcing the rights and obligations hereunder. Such designation shall be to the satisfaction of each party and shall be completed prior to the issuance of a Certificate of Occupancy. In the event the Commercial Property is subject to a homeowner=s or condominium association, the third party beneficiary provisions of this paragraph shall also apply. 21. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 22. Entire A~reement. This Development Agreement supersedes any other .. 14 agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. 23. Severability. If any provision of this Development Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Development Agreement. 24. Effective Date. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties. 25. Recordation. Upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land. A Notice of Termination shall be recorded in the public records of Seminole County if this Agreement is terminated by Springs, Jessup, and Centex pursuant to paragraph 16 herein. 26. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm=s length. Springs, Jessup and Centex are independent contractors and are not the agents of the City for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture, or principal-agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the public in any manner which would indicate any such relationship with any other party. 27. Soverei~n Immunity. Nothing contained in this Development Agreement ... 15 shall be construed as a waiver of the City=s right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City=s potential liability under state or federal law. 28. City=s Police Power. Centex, Springs and Jessup acknowledge and agree that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 29. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Development Agreement in the event of a dispute between the parties. 30. Permits. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve Centex, Springs and Jessup or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 31. Third Party Riahts. This Development Agreement is not a third party beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any third party. 32. Specific Performance. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and that specific performance of these obligations may be obtained by suit in equity. ". 16 33. Attorneys= Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorney=s fees and costs through all appeals to the extent permitted by law. 34. Future Rezonin~slDevelopment Permits. Nothing in this Development Agreement shall limit the City=s authority to grant or deny any future rezoning or development permit applications or requests, or the right of Centex or Springs and Jessup to apply for or oppose any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in Centex, Springs, and Jessup or on the Subject Property. 35. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period (A Time Period@) constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City=s own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions (AUncontrollable Event@), then notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. 36. City=s Ri~ht to Terminate A~reement. Failure by Springs, Jessup, and/or .. 17 DEVELOPMENT AGREEMENT LIST OF EXHIBITS EXHIBIT M@ LEGAL DESCRIPTION OF THE SUBJECT PROPERTY EXHIBIT AB@ TOWNHOME PLANS EXHIBIT AC@ TOWNHOME RESIDENTIAL STANDARDS EXHIBIT AD@ COMMERCIAL STANDARDS EXHIBIT AE@ PUBLIC ENTRY STREET PLANS EXHIBIT AF@ ENTRY FEATURE PLANS EXHIBIT AG@ LEGAL DESCRIPTION OF THE RESIDENTIAL PROPERTY EXHIBIT AH@ LEGAL DESCRIPTION OF THE COMMERCIAL PROPERTY EXHIBIT AI@ LEGAL DESCRIPTION OF THE PUBLIC ENTRY STREET EXHIBIT AJ@ LEGAL DESCRIPTION OF THE ENTRY FEATURE PROPERTY EXHIBIT AK@ PREFERRED PLANT LIST F:IDOCSICity of Winter SpringslWagner's Curve Develop:mentlAgreementslWagners Curve Dev Agmt FINAL 2{02.wpd 22 Sent By: BRO'NN,WARD,SALZMAN&WEISS,P.A.; 407 ,125 9596; Feb-7-02 11 :27AM; Development Agreement List of Exhibits Exhibit A - Legal description Exhibit B - Townhome plans Exhibit C - Townhome Residential Standards Exhibit 0 - Commercial Standards Exhibit E - Private Entry Street Plans Exhibit F - Entry Feature Plans Exhibit G - Typical building separation detail Exhibit H - Typical 434 Frontage Detail Exhibit 1- Typical 434 building elevation Exhibit J - Typical fence elevations Exhibit K- Preferred plant list Exhibit L - Legal description residential property Exhibit M - Legal Description commercial Property Exhibit N- Legal description public entry street Exhibit 0 - Legal description entry feature property Page 2 , , Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7.0211:27AMj Exhi bit A Legal Description Lots 18, 19, and the east 219 feet of lot 20, south of the new S. R. 434, block 0, Dr. Mitchell's survey of the levy grant, plat book 1 page 5 And also Lot 20, south of the new S.R.434 ( less the east 219 feet) block 0, Dr. Mitchell's survey of the levy grant, plat book 1, page 5. '. Page 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; Feb-7-02 11 :27AM; 407 425 9596; Page 4 'OUI dnoJO uO!IlOP ^I"'P .~. IUOOJdol9MO .on ;:x:; ~AJno G;~'6vM [~ J IJJ.D -...,...... """,ol'''~'''''d W eIJjJ {lt~'<', ".., ~,f( ....... '._ -._ '~;t '..-0:: '."CI"_ IiIl. 119 .- ''--:;:r ~"""""'~IJ .""""""'-"'~'I'''''_'''', /..... (~ij F"~ ~i:!:l ! ~ ~ .-- ./"' .//~ .e- { .... .../.......,<>,. ../ a. .' J / . /,j,..~.~~~~ ~ (l~. 'T ;,:: tJI>' ~ . \ r \ .3 '. I l I . .. ! I ~ I" i I I ~'l l !: o!.~ !I~ .11 ~ I ]1 I!~!j ~l1d; I , I I I I I I . I I \:.....1 I .!. I " I I ~'-"" I I " '.. '\ J I "'~' '1 I ~~~~ j II ,]~ ! ,"/~ I '0 ('Q '=~lh ~~~ ~~"! gu'" u '0 C o a. -' "'.:-.......-...-.. ~!~: (l). _: Lii ;~I f ;' ! Sent By: BROWN,WARD,SALZMAN&WEISS,P.A. j 407 425 9596; Feb-7-02 11 :28AM; Page 5 Exhibit C Residential Development Standards Total land area: 14.2 acres Land use: Townhouse Total units 160 Maximum density: 12 units/acre Property Boundary building setbacks: S.R. 434: Principle building .34' Covered open porch- 26' East Property line: Principle building -10' Covered open porch - 10' West ProPerty line: Principle building _10' Covered open porch - 10' South Prooert)' line: Principle building -20' Covered open porch - 12' Minimum Lot size: 1,800 s.f. (20' x 90') Minimum Lot frontage: 20' Minimum building setbacks on lots: Front: 20' Side: 0' Rear: 20' Minimum living area: 1,000 sJ. Minimum Building separation requirements Side to side: 20' Rear to rear. 40' Porch to porch: 24' Parking: 2 spaces per unit. (driveway will be considered as one space.) Minimum setback. from parking areas: 5' Minimum setback from private roadways: 10' Landscape buffers SR. 434. Buffer along S.R. 434 will be per exhibit H. West Boundary; no buffer required South Boundary - no buffer required. East boundary - no buffer required. Buffer provided by commercial property 434 Architectural elevations will be per exhibit I . Note; setbacks will be measured from the face of the building not the fascia of the roof overhang. ... Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7-02 11 :2BAM; Exhibit 0 Commercial Development Standards Total land area: 1.6 acres Land use: All uses permitted in the C-1 zoning district & Professional Office ~wn Center District DesiQn Standards: TO'Ml Center District Code includino. but not limited to: 1. All buildinQ5 shall be constructed to the "build-la-lineD. as defined in the Town Center District Code. 2. All buildinos shall be at least t'NO stories in heiQht 3. The architecture of all buildinos and structures shall be Qenerallv in keepinQ with neo-traditional architectural and other design standards reflected in the Town Center District yode. " Page 6 \ Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Feb.7-02 11 :28AMj Page 7 Exhibit E -.-..' \"" 5' Sidewalk Access to commercial parcel 24' Paved Road _..~' .- ..-.....-. .... ..........----=4 \. '\'l~: ~'_ '_0' , _ ~ ~ ..~;,~,....:~:~f/ : .,..)/... 1, ",( , ( t"n /':.. .f!-' '0. ..,~ .~ Typical Road Section F24' Private Drive 12' 12' 6X 12 Ribbon Curb Shared Entry Road Section Access Easement 16'-0. r ;~'-o. l median rentryl .)(1 anes lane I S sidewalk 2' Miami cur~ "-'~~table cur~ b L2' Miami Curb ~ daly design group inc. Lond _''''<I. L....u....".In:IIC<<t".. P<v(cd ...~ ~l 0."""''''' t61 W. ~... ()yd.. ~.. 115,~'" PoI1<.. Ao1de 12789 (.tOT) r.co.ntJ Pr1vQtG En Str86t Plans ~~~ l'~t.{{;;o' -- I~. \:J:Q Not. To Sc:oIq Wagner's CUNe Townhouse Project '1ft,..~..fl(t1o.1 1000l .. . 10F1 Exhibit F Decorative brick pavers ,------..: '-.;..... \ Gazebo \ Low brick ignl lanter wall ~ ~ Low shrubs an flowering ground co r Plan View Flowering shrubs and accent plants "il ~ ....' ,1..../ ~_.- ----- --~ \'~~..:'. .:,i~;f!I!f:!$~~:V" ~., Proposed Elevation I~~~\ \~I , / ....j , I;~'; prliJJt'::l U) 2011a ~O>.l[ Not fo Scate A 10101 daly design group inc. Entry Feature Plans It_-,,,ut~ 0,; 1,,~,.;;t....,~t.vo17,".' llJnd f"ldnn*t<J, Uuwisc.,"1C NcMcdllC, f'JojCf,.1 MlJfltJQcmCII( Oevelo(){fI'Clff COIISUhtI,J 861 W 1.1(ne flvd. 9Ae 125. INnt". Pl'Il"'. l'luid.t .17.f6'l (4011 14 l).. 7) 1) Wagner's Curve Townhouse Project 'M\l<:f ::iClfif\(,l'O.l'kll'W o"'!! ';ttt' 101' 1 ~ 2 story building ~" ~ " "- ,~.c. ...... ...... ~ ...c.-=- t= 20' Building Setback - 40 -0" --- Minimum Principle Bldg separation ~ Covered Porch -" --= ---- .~ "1 I .--. 24'tO" Min. Porch Separation ! , ! .'- 4' Sidewalk 11 i i ... ~ Wagners Curve d BIy dMi~ go<...p in::. ""'~......"Q.~..,...tt.~...~.,~t:or.~~'O "1"'..~..1 !Il.L-1~' Mb'~~ 'r'''~,IJ''."..., c..... "~'l. :..n..~ "'" ~ :1 1(".'. ."' lir:. ~[I:.. ~ Typical BuiJd.inR Separation Detail Exb1bit G en (1) ::J .-t CD '< CD :0 o ~ Z - :E )> :0 o en )> r ~ j; Z QO :E m H en en "U )> -Po o --.J .;:. I\) lJ1 to lJ1 to 0) TI (1) cr --.J o I\) I\) to )> :;:: -0 w '.0 (1) to ::Xl /- street tree 40' a.c. .~/ 6' brick column 80' O.C. Decorative Aluminum Fence existing 5' sidewalk -'" "'. rightofway ~. 34' Principle Btdg setback 26' 2 story building -"J .- 2j ...---- - ,- Covered Porch ,r- omamentallight post d< I ''==f' r- low shrubs ./:' and Rowering , . /.<,/ ground cover ,../ /i stairs to 2' ":/ raised porch ~~ ! _<:r_ ---.... ._...., 7'>1 ;..-....~ SR 434 I" 20' 5' approach Landscape Buffer walk .' Wagners Curve Cl fly dooi \TO ..-0'4' iro. l..t,>::~"''''1" ~~.1::"\_ _"'-'v-t'~ _~ QI\~:.-.A. n" "'.""'1._1 lln'~.''''''''," 'P..~~."":':n h...... ll:'I. :..., .:1 l.~ ~:..... 1:0.0 2).1.. Typical 434 StreetBCape Exhibit H 7' --~--------- . .-.....-- 8' I porch -1 ~ (I) CD :J r+ IJl '< IJl :0 o ~ z - ~ )> :0 o - (I) )> r N ;:: )> Z I<<> ~ m H (I) (J) '1J )> .,.. o -...J J\.) lJ1 to (." to G) "T1 (D v -...J o J\.) J\.) to )> ;:: '1J !ll '.0 CD o " CI:l , \Vagner's CUf'le Townhouse Project 434 Frontage Ek',"a:ion c a;,.. desig~ -;;r::.L.p ire. ~_....---...~:,........._--......., ~""~~~""-"::'...~ Mil..' _.._ .......I:3...-..,.".,~:lI)r.';:& :~~.o..":117 Exhibit I :,,'_l:.t>I .=-I..n!J~ .J......:..o (J) CD ::l r+ {J:l '< (J:l :n 9 ~ - .;- t :n o (J) l> r N :;:: l> Z l<<> :EO m H (J) (J) "U l> -I>- o ~ -I>- f\) tJ1 to tJ1 lD C>> -n CD 0- ~ o f\) f\) to J> 0:: "U !I> (Q CD co Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7-02 11 :30AMj Exhibit J j Ball cap on 2" post 8' o.c. Press point finial 3 Rail Aluminum Fence Brick Column not less than 50' o.C / .I i I I I , ;" r .: I ,( ~\ i " " " , " SR 434 Fence West & South property fence Ty~ical Fence ElevatioM lly.....,,~ Ao.,}'C~I..tlQcr".iIOt ~-. ~.1tl~ defy design group inc. L_PIonniv. L_ocevo ~......I\,."a~. Do_~ 00' IV. ....... ~.. 6<Ilo '2~. _ ''''''. non"" JIIO\I (-t:I7) 7<O-TJTJ Wagner's CUN9 Townhouse Project VIIt,.... ~1I. FlorUJ "'" . Page 12/18 I ", ., ./ ./ r, I , , I , I ~ p~~~. Notto~l: "'It 'DlOI !/HE 1 Of, Sent By: BROWN l WARD l SALZI,1AN&WE ISS l P. A. ; 407 425 9596; Feb.7-02 11 :30AM; Page 13/18 c~ec', A'. ,-~,.1.G<: C R ':011' .....:T r:~E;: OR L.A~GE :SHRue N,.l....(a SIZ!: ;l~ TIC) COST VALUE CA:.'J " l....~Cri '1011., :\r..JIU-tIt.lnk. 25-~O ~~l..~' Z . .s 'i'J.CO S ~~C.~t; .i , "J.CO . . ~,""aso.)n S[~o..r 2j,.~O ~~t..&' lol S ~.OQ .$ :4-:0.00 S 110.00 ~';""'T'y ':>21. ~~Im. acl. ~ q~C.. ..' ~_ t S 11:1.00 .$ ~=o.un .s , .. 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J., S 125.00 S 3QO.00 S , 7S.0a S?3/'Ui. ..runl~ Z~3Q QII.,5' 3-1 S , IS.GO S 300.00 S 1 !S.OO .. ~ f'UlQS.<ll .Iu~r 2>30 g.l1..S" 2.1 S QO:OO S 200.OC S 110.00 ;:~nC'1O O<l~ 2'-J4 glr..!' 3-1 $ 12'.00 S 300.00 S 175.00 Camema :zs.30 Qll." J.-I S 145.00 $ 300.00 S 155.0<1 J 3;2aI1U~ elu"~ 2s.30 gal..1t :)-1 $ , 2':1. O<l S 100.00 S laO.CO L"tloUy 8~y 2$-30 ~.!' 2,' $ to.CO S 2GO CO S 1 'O.CO IJ~~qnt Yaupot' M0I11 1j Oal..1' 2-' S IiO.OO 3 2<10.<:0 S 110.00 '-'/~=C1ng Y:lupOC'lliOlty 25-30 OIL.ll' 3.~ s ICO.CO S ,aO.CO oS 200,00 L :r"l;:~lal\Jm Standard 15 gal.. S" '-t $. IOO.CO So 300.CO S 21)<1.00 '::n.t:lU$lh'ot Plum 1S gal.. e- 2-' 5 95.0<1 S 200.0a .s 10~.OO ~ 51 e1,l(;~eye t S g.al.. S- 2.1 S '0.00 S 200.00 S 1 !O.OO .. . :l.lyr:/e Oak 15 glt. 5' 2-1 S SO.CO S 200.00 S 1.$0.00 Ci"a~a~~ 1S q81.. S' 2-1 S SO.OO S 2CO.OO 15 150.00 ;::-,,,~~ T:ll! IS gal.,," 2-1 S ~O CO $ 2CO.~ ~ t 50.00 .,.. ~~~:..,i3 JO golf... O' 2. ~ S 7S.CO S 2000.00 .s , 15.00 = i'_:'Iini3 qafplr.la '0 glL. r 2.' S SJ.10 S 2~O.CoJ S 150.CO S....~o:tlTea Ol~e 1 S 9-1.. ~. Z.; 5 SO.oo S ::ZCO.CC S 15C./A: !..::;'. ~~~...,m SIIt1dald 4..5 0-1.. &-1:)' ~: S 3CO 00 S seo.CO $ 2<:0.00 C'3~!!! \"/~le Sta~"r.1 45 G;aI.,~IO' 5--: S :15Q CO 5 SOO. ec oS , 50.CO '( 'l,;~c;'t Holly Stir.dattl 2.5-JO Q,I..!" 3-' S l~O.!lO "S JCIJ.QO S ,ao.G" ','j ..'~~("5 'libl,lmum S~t1datd 2S-30 qal..ll' ~t S 'C<l.CO S 300.:iJ S 200.00 N,:~-ile ~:rlm n.30 001l..5' ~! S 200.CO 5 400.CO $ 200 .00 ?'/c;my D.lle PlIlm, ltiple 30 ~1..4' J-' S tSO.CO S JOO.OO S ,50. ()(] s..rji"Pir:d<l Palm 65 ~al.. II' ~_1 S 2M.OO 3 .too.OO $ 200. QO ='..rr.~~Jn ;=;an Palm ~s ~al., r 5-1 s 2~O.OO S 5':0. CO .5 lSO..:JO Crir.-1'1! :=~n P.lm 'U 'Jo1/., S' S-I S lSv':O $ SOO.~ ~ :::;a.~a -:".,,!v", :s:and O.te ?11t11 'is .~al.. a' i.: s Z51).ClJ $ ~CO.t.:O .s %~.OC Cl:~ ;:1.WT:. P. d~~yiilltra IjS 1~1.. j' ~1 3 2SJ.OO s 500.';0 s 250.00 .,',it" :2r!'\II: ? 31m '55 CJ~r.. r . s.-~ .s 300.00 S SCC.CC 5 200 .CO Sw1~O 45 oal.. 4". Sol S 2SQ.Od S soo.ca S 250.CO Ul:l-t Gtm Ma9nall~ es Oil.. 4' !-, s 2SC.OO $ sea. co s 750.0(1 Scar-an Junip4r 'is oal., &. ~.t s 210.00 oS 500.00 S ~50.(l( r'l"ilC $.) J\4"i~( -15 13\.. S' Sol S 250.00 S 5uO.OO 5 2~a.O( \ ':l3r,;.)" Holly 'is'lal.,IO'lC4'x2'' ~t S L.25.00 S SGo.ac ~ Z7'.;.OC 1_ ..~ "J.,:'" '1~ ~"...t"""'~'lCJ. ~, S ~CC CO 5 5,,0.OC S 210.0(' .'1 r.; ~r: ::Im ~~ <;Io1t.ttu":.U1/2 ~.1 ~ 225.~O ~ i':O ':0 S t ;5.0<1 :;)~.; .,I:rc,:,l~ ~ i '.Jdl.12,.~.:t.Z1"2 J . ~ S 2!5 :0 S ~:o ::0 .i : :s.e'} ~XI!II.H1:' "f(.- '" Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7.Q2 11 :30AM; Exhibit L Residential Property Legal Description A Portion of Lots 19 & 20 Block 0, Mitchell's Survey of The Levy Grant, According to the plat thereof, As recorded in Plat book 1 page 5 of the Public records of Seminole County, Florida. Being more particularly described as follows: Begin at the southern comer of said lot 20 block D, thence N 83008'18" E Along the southerly line of said block 0, a distance of 954.17 feet; thence departing said southerly line N 06051 '42" Wa distance of 125.00 feet; thence N 51051 '42" Wa distance of 80.00 feet'; thence 06051 ',42- Wa distance of 50.00 feet; thence N 25024'17" E a distance of 175.49 feet to the southerly right of way line of state road no. 434 per F.D.O.T. right of way map section 77070-2516 dated 12/10/98 and to an arc of a circular curve concaved southerly having a radius of 2685.00 feet and a chord bearing of N 74054'50" w thence through a central angle of 22"45'19", westerly along the arc of said curve a distance of 1066.36 feet to the westerly line of aforesaid lot 20 block 0; thence S 06013'08" E a distance of 775.96 feet to the point of beginning. " Page 14/18 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7-0211:31AM; Page 15/18 EXHIBIT M Legal description commercial property DESCRIPTION: (PARCEL 2) A PORTION OF LOT 18 BLOCK 0, MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCT AT THE SOUTHWEST CORNER OF SAID LOT 20 BLOCK D, THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID BLOCK D, A DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE N06051'42" W A DISTANCE 125.00 FEET; THENCE N 51051'42" W A DISTANCE OF 80.00 FEET; THENCE N 06051'42: W A DISTANCE OF 50.00 FEET; THENCE N 25024'17" E A DI8T ANCE OF 175.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T. RIGHT OF WAY MAP SECTION 77070-2516 DATED 12110/98 AND TO AN ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00 FEET AND A CHORD BEARING OF S 57010'29" E; THENCE THROUGH A CENTRAL ANGLE OF 12043'23" EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 596.22 FEET; THENCE S 83008'18 W A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING. LESS: LEGAL DESCRIPTION (ACCESS PARCEL) A PORTION OF LOT 18 AND 19, BLOCK 0, MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING COURSES AND DISTANCES; N 06051'42" W FORA DISTANCE OF 125.00 FEET; THENCE S 51051'42 E FOR A DISTANCE OF 91.92 FEET; THENCE N 83008'18" E FOR A DISTANCE OF 140.71 FEET; THENCE N 33004'40" E FOR A DISTANCE OF 154.84 FEET TO THE SOUTH RIGHT OF .. Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7.0211:31AM; Page 16/18 WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T. RIGHT OF WAY MAP SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00 FEET AND A CHORD BEARING OF S 53035'48" E; THENCE THROUGH A CENTRAL ANGLE OF 05034'00" SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 260.87 FEET TO THE SOUTHERLY LINE OF SAID LOT 18, THENCE S 83008'18" W FOR A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.60 ACRES +1- '. Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7-02 11 :31AM; Exhibit N , , , - I ~"~ ~4.. ,I I .....-::..~ ~~1.'~ ~ I "',~ 4f~4tI.~~ r \ ,~~ ~~; / \ ~~~ ~4cc. tt ~''!2 ~~ '... f .....'... 'r ...., 010 "', ~,~ .... ., \ ""'~ ~~ ~ I NOT PLATTED . ~~ '~ \ ~ ~j \ ~ ~~ ' , , I ~l)l "," ~'lI"E 1~71' ._ II' L.Q1lI W . ID , _ - y.... -- ~ - -~----- g.~- --. ~' POINT OF COMMEN<,:ElAENT ~ \ ~T~ ~D I LOT 21 I , I . -- -- -- UCAL OESCRIPlION (AC~ PARCEL-B): A POOTlON Of" lOT 16 AJoIO 19. BlOCK D. UllaiUL'S SURI/EY Of" ruE LEVY GRAHT, ACCORDINC TO THE: PlAT THEREOf", AS R(COMDED IN PlAT Boa< " p"a: ~ a:- TltE PV8UC RECORDS Of" so.tlNOlE COUNTY. f1.ORIOA. BEING ...001;: PARTICUlARY ~I8EO AS m.tOWS: COloIlolENCE AT THE SOVlHy,eJT COflN€R a:- LOT 20. BLOCK 0, "THO/CE N3JW18'E AlONe THE SOUTHERLY UHf: Of" SA() LOT 1~ NlD 20 A OIS1~CE Of" ~5..17 ro::T: ll'f(NCE I..E/tVlNG SAID SOU1H lINE RUN N06~l'42"w A DISTAHC( Of" UI.OO FEET 10 -mE POINT Of" OEClHNJNO; Tl-l(NCE CONTlNUE N08'51'42"W A DISTAt4CE Of' f2~OO FEET: THENCE RUN THE F'OlLO\lIlNO COURSES AHO DISTANCES "1~1'42-E: A DISTANCE OF 9ul2 FEfT: lHENC!: RUN N!D"Oe'l6'"E: A 0l5TANt( OF 140.71 FEET; n-lENCE N .)J~'<4()- E A DlST.-.NCE Qf" 1~,Cl4 fEET TO THE SOUTH RlGHT-Qf"-WAY ~E Of" ST....TE ROA.O NO. 4J.4 PER f.o.O.T. RIGHT-Of-WAY WAP st:C1lON NO. 77070-2-'18, DATED OE:COl6ER 10. f~. SAID POOH N.:SO BElNC AN ARC Of A C1RCULAR ClJR\€ COMCA\1:: SiOUll€ASTEAlY HA.....NO /It lVDlUS Of" 2~OO ftrT AI<<) .... OiORD BEARING OF ~"2d"l7"'r; THENCE ll1ROUGl A a:NTRAL AHOlf OF 01':12'4.3. ~ SOUltI€ASTERl.Y ALOHC THE ARC Of" SNO CtJRIJ( A OlSTANCE ~ 58.04 Fn:T 1'0 .... POINT ON 1HE SAlO SOU1H RIGHT Of'" WAY lINt:, THENCE lLA'o'lNC SAlO SOUTH UN(" /tUN S51':58'25".. A OlSTANC( or 22.f>7 fff:r;lHENct S3.l'21'~-W ^ OISTAHCt: Ct' 7~.te FUr TO THE PaNT C>>=' ClJRVAlURE OF A ~ CONCA~ NMlHM:S1f.RLy H....IJlNO A RADIUS Of 100.00 FffT AAO /to Otmo ElEAAlNO OF ~"04wW; llitJfCE THROOQi A CENl"IW.. AH:;U: Of" W-40'28" ~ ~~y AlCt4c lH( MC Of" ~o CVR'o't: .... Ol$TANCE Qf" &1.117 FEET: 10 1Hf: PaNT OF T~(;Y THDIa: S8.T08't8""W A ~TAHC( OF 2:2S.~ 1'l:ET; TO "!HE: POINT Of" BEGlNNINC. CONTNNINC O..1CS ....~s:t Page 17/18 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-7.02 11 :32AM; Page 18/18 EXHIBIT 0 Legal description entry feature property LEGAL DESCRIPTION (ACCESS PARCEL): A PORTION OF LOT 18 AND 19, BLOCK D, MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING COURSES AND DISTANCES N 06051'42"WEST FORA DISTANCE OF 125.00 FEET; THENCE S 51051'42" E FOR A DISTANCE OF 91.92 FEET; THENCE N 83008'18" E FOR A DISTANCE 140.71 FEET; THENCE N 06051'42" W FOR A DISTANCE OF 45.60 FEET; THENCE N 33004'40" E FOR A DISTANCE OF 120_00 FEET TO THE SOUTH RIGHT-OF- WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T RIGHT-OF-WAY MAP SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A CIRCULAR CURVE CON CAVED SOUTHERLY HAVING A RADIUS OF 2685.00 FEET AND A CHORD BEARING OF S 53054'32" E. THENCE THROUGH A CENTRAL ANGLE OF 06011'29" EASTERLY ALONG THE ARC 00 SAID CURVE A DISTANCE OF 290.14 FEET TO THE SOUTHERLY LINE OF SAID LOT 18; THENCE S 83008'18" W FOR A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.09 ACRES +/- .. ATTACHMENT B , ---- '''~,...,.,.........,......*...._. .- ~_."........-.*..~....-. .;.... BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown · John H. Ward · Gary S. Salzmano Jeffrey S. Weiss Suzanne D'Agresta Anthony A. GarganeseO Scott D. Danahy Alfred Truesdell Arthur R. "Randy" Brown, Jr. + Brett A. Marlowe Jeffrey P. Buak Kristine R. Kutz Joseph G. Colombo Debra S. Babb Gregory A. Hasso Cheyenne R. Young Joseph E. Blitch 1\1f; r, " ~ 2. f)D2 . ,..,11 i; {! Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802-2873 (-4.07) 425-9566 (407) 425-9596 FAX Email: agarganese@orlandolaw.net Website: www.orlandolaw.net ~iE!cesv.. . ",,>!u.~,' ~~a.f~:j CITy OF IN c C .INr._R SPF?INGS ommUnlty Development Cocoa: 866-425-9566 · Board Cenified Civil Trial Lawyer o Board Cenified Business Litigation Lawyer o Board Cenified City, County & Local Govenunent Law + Board Cer1ified Labor & Employment Law March 8,2002 BY FACSIMILE #407/327-6686 AND UNITED STATES MAIL Mr. Ronald McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re:. Wagner's Curve Development, Conditional Use Permit Dear Ron: City Staff has asked whether the multi-family conditional use permit for the Wagner's Curve property must be reinstated because six months have lapsed since its issuance. It is my view that the multi-family conditional use permit does not have to be reinstated. The development of the Wagner's Curve property is now governed by the Binding Development Agreement entered into between the City of Winter Springs and Springs Land Investment, Ltd., Jessup Shores Limited Partnership, and Centex Homes. The Development Agreement expressly provides that multi-family townhomes are permitted on the residential property, as dHined in the Agreement. .. . ...r./I Mr. Ronald McLemore, City Manager March 8, 2002 Page 2 If you have any questions regarding this issue, please do not hesitate to contact me. Anthony A. Garganese City Attorney AAG:ss Enclosure cc: Thomas Daly, Daly Design (via facsimile} Charles Carrington, Community Development Director F:\DOCS\City ofWintcr Springs\ Wagner's Curve Development\Correspcnd~nce\}'lcL:more tit 3.8.02. wpd ... ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA Code Enforcement 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 MEMORANDUM DATE: April 1, 2002 TO: John Bakcr, Land Dcvelopment Coordinator jimeltc Cook, Code Enforccmcnt ManagC~ Wagner's Curve deviation from code FROM: RE: Michael and 1 have reviewed the Developer's Agreement and offer the following; 1. Page 10, (d) (1). In the Developer's Agreement only tJlOse trees over 14 inches in caliper "count" for replacement pwposes. All trees over 4 inches in caliper are nonnally required to be replaced. 2. Page 10, (d) (2). The Developer's Agreement allows trees to be exempted for silviculturc purposcs. There is no provision for silvicuIlure exemption in the current code. 3. Pagc II, (d) (3). In tJle Dcveloper's Agreement, tJ1C size and species of any tree is not to be taken into consideration for designation of "Specimen" tree. Under current code, certain size and species trees may qualify for "specimen" designation. 4. Page 10, (b). Replacement materials may be chosen from a list of Preferred Plants at a greatcr ratio for credit UIlder this Dcveloper's Agreement, (i.e. one-for-two, onc-for-three. etc.). Undcr current code, trees arc replaced one-for-one. 5. Exhibit C- Landscape BulJers- Under tJle current SR 434 New Development Overlay District Guidelines, a buffer is required between all vehicular usc .a(eas and.adjaccutpropcr:tics...A.screen,.. .n~" ,...u,.,~.. .... ..... of at lcast 30 inches height shall be used between the common property lines, in. ar~lS I.lot less than six feet in widtJl and .shall.contain'atleast'onetree every'75","Exhibit.eindicates1hatno-.---n.n---'h" .--.-...--- - landscapc buffers will be provided along boundary lincs. G. Exhibit H-This exhibit shows a tree planted every 40', and thc current codc requires onc every 50'. This exhibit shows the landscaping being planted in the rights-of-ways, rather than on private property. Screening is to be provided at least 3' height llild this is not indicated on Exhibit H, howeverafenceisprovided.... _ ._...n.._ ___ __._.__._.________________...__ .. ATTACHMENT D Please see attached subdivision plan 51 sidewalk Legal Description: As provided by client LOTS 18,19, AND THE EAST 219 FEET OF LOT 20, SOUTH OF THE NEW S.R. 434, BLOCK 0, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, PLAT BOOK 1, PAGE 5. AND ALSO LOT 20 SOUTH OF THE NEW S.R. 434 (LESS THE EAST 219 FEET) BLOCK 0, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, PLAT BOOK 1, PAGE 5. IYPical Road Sections 241-0" one-way Drive 1% 1% Private Right-of-Way Varies 1~ 2~~ 1'-411 rone-way Varies pi I. .. drive 1% 1% Mountable curb Min., 111 A.C.8.C, (Type 8-111) 6" base course 611 subbase (Florida Bearing Value 75 psi) nPical Project Entry Road Section not to scale Private Right-of-Way Varies 161-011 one-way Drive .1 ~1'-4" 1% 161-011 :rI-one-way 1 '-4'11 drive 1% 1% Varies 51 sidewalk 611 ribbon curb Min., 1" A. C. 8. C . (Type 8-111) 611 base course 611 subbase (Florida Bearing Value 75 psi) nPical Gated Entrance Road Section not to scale 1 20' Bldg setback 24' Private Right-of-Way 12",12' I 201 Bldg setback Min. 1" A.C.8.C. (Type 8-111) 611 base course 611 subbase (Florida Bearing Value 75 psi) Jypical Road Section not to scale Street tree 401 o.c. 341 Principle Bldg setback tory building vered porch 261-1 Ornamental light post 61 brick column 801 o.c. Decorative Aluminum Fence Sidewalk Low shrubs & flowering groundcover right of way SR 434 201 81 Landscape Approach Buffer Walk Porch lYPical 434 Streetsca~ not to scale 2 story building ---I 20' Building ~ I Setback a: !!l ~ 8 ~ go -0 ~ () ~ "- ~ ~ .. ~ ~ ) ~ -0 o u.. C" ~ i t.> 41 Sidewalk Jypical Buildin~aration Detail not to scale Varies agner's Curve Mixed Use Development Preliminary Subdivision Plan Winter Springs, Florida March, 2002 Prepared for: Centex Homes 385 Douglas Avenue, Suite 2000 Altamonte Springs, FL 32714 Varies & 03.20.02 Revised per DRC comments dated 03.18.02 Owner Springland/Jessup Shore JV. 175 Lookout Place Suite 201 Maitland, Florida 32751 (407) 645-5244 Contact: Ed leerdam Surveyor ASM 320 E. South Street Suite 180 Orlando, Florida 32801 (407) 426-7979 Contact. Brett Muscovitz Engineer Madden Engineering 431 East Horatio Ave. Suite 260 Maitland, Florida 32751 (407) 629-8330 Contact: Denver Marlow Develo~ Centex Homes 385 Douglas Ave. Altamonte Springs, FI. 32714 (407)661 2189 Contact Michael Oliver .PE. AQplicantlAgent Daly Design Group 861 West Morse Blvd. Winter Park, Fl 32789 (407) 740 7373 Contact Thomas Daly ASLA 2 story building Property Line Typical Building Setback Section not to scale Proposed 434 Building Elevation not to scale Tract Area Table 22' 20' 20' 20' 20. 2' Tract Tract Use A Utility & Access Right-of-way B Open Space & Recreation C Drainage & Recreation D Lift Station E Open Space & Recreation F Open Space G Open Space H Open Space I Open Space J Open Space K Open Space Square Footage Acreage 111,317.72 2.56 37,706.44 0.87 85,282.41 1.96 777.96 0.02 50,959.27 1.17 11 ,669.64 0.27 32,983.00 0.76 2,122.59 0.05 2,440.17 0.06 1,853.53 0.04 1,821.31 0.04 (:) N o 0> Building Setback Line Open Space & Recreation Total 226,838.36 5.21 lYPical Lot Layout not to scale We Site NORTH ~ NTS Location Map Site Data Overall Site Total Land Area Current Land Use Current Zoning Commercial Total Land Area Development Criteria 16.11 Ac. Mixed Use C-1 1.6Ac. Per Exhibit _' Approved Developers Aggrement OR _' Pgs _ Residential Residential Retention Total Units Proposed Density Development Criteria ''''14.51 Ac. 1.58 Ac (11 %) 158 Units 10.88 Units/Acre Per Exhibit C, Approved Developers Agreement, OR_Pgs_ Parking Required Spaces Garage Off Street Visitor Total Parking Minimum Setback from Parking Areas Minimum Setback from Private Roadways 316 (2/unit) 158 158 52 368 5' 10' .. NOTE: Setbacks will be measured from the face of the building, not the fascia of the roof overhang. General Notes 1. Streets will be privately owned & maintained by the home owners association. 2. The Project will be gated. Gate equipment will be designed to allow access for emergency vehicles. (E.V.A.C. system) 3. The proposed use is consistent with the city's comprehensive plan. 4. Recreation areas will be privately owned & maintained by The Homeowners Association. 5. Water & sewer will be owned & operated by the city of Winter Springs. 6. The project will be designed in comformance with the city of Winter Springs Land Development Code. 7. All utilities will be individually metered to each unit. 8. Project will be developed in accordance with the approved developers agreement OR _' Pgs_ daly design group inc. Land Planning, Landscape Architecture, Project Management, Development Consulting 861 W. Morse Blvd., Suite 125, Winter Park, Florida 32789 (407) 740-7373 Date: March 2002 Scale: NTS Job No.: 2011 a ----- I1liJ ----- \~ ~~ ;3'0 Q) ca' ~a. C>>E C ._ :;;(1) .- ,Q >< 0 w..... ~ N ~ ~ C") 1:0 93 ~ 931:0 0 l.O C\I 931:0 ~ CO 00 94 ro +:i c: Q) "'C .- en (]) ~ ....... en c: Q) o 3= o .....J End bric s ad aluminum fencing. 3-rail fencing CD) ---- ---- ---.. ----.. ... 00 9200 0) 90CO o 0) 90 22 20 22 @ ~ 91l;l 9! 93g 94l;l ss 107~ 10~ 10~ '11 112 O!i 20 22 20 r,_mml( "'''''"""'"i I I ,.. '" I I X >t l , I l ! ~ ~ .....~.. ... )>( x L_ %_J 20 Aract E: / '. . Open Space/Recreation ./ " 7.~ .. ~.;//., . /' Y /-:"~ "r;." / . . . . o C") ,.... Rl ,.... co C\J ,.... ,.... C\J ,.... CO C\J ,.... -" 0 N C\I 0 90 -" N ...... 90 ...... 3: N N 90 ...... N W 90 ..... .~ O' C\I 1 ~ C") ,.... 90 ~ C") ~ ~ 0 " ~ .90 C\J 'C") ,.... 90, ~ ~ ~ ~ ~ ~ Utility & Access - 24' ROW o -~ -1M - - -::~:.:~"M_ 0::0:-:-- ~ __UN __:~ ~-::::::'NN.:::"==:~m~~ ~~_~mmm. '_m~muu_~~~:" ..- 3 . o ' ~-'" Existing 6" forqemain . Tie into existing 6" forcemain L Existing 12" reclaim water line '. / .R-3 Moderate Density'" Residential M 55 \ Tie into existing 12" watermain 152 151 22 20 cO-' 0'7 ~~ @q U. ~6l @ 55 4 -- 20 20 20 20 ~m saaOGS'f8"W ~ 1449.17\ itA ~m". Utility Legend 'q_.~,,- 'N .--- Existing Watermain ........m.m.. HiV .m........ Existing Reclaim Water Line 'U"",.'_ H/ ~ Existing Forcemain - w - Proposed Watermain - - - - - Proposed Storm Sewer - ss - Proposed Sanitary Sewer (().' Existi ng Power Pole ~ Existing Storm Inlet . Proposed Sanitary Manhole . Proposed Storm Inlet -+- Proposed Fire Hydrant Soils Legend @ Astatula-Apopka fine sands @ Basinger & Smyrna Fine Sand: @ Pomello Fine Sand @ St. Johns and EauGallie fine Sc @ T avares-Millhopper fine sands ~ Soils Boundary Information by SCS Orange County Soil Survey Existing ROW Existing 5' concrete sidewalk Existing concrete power pole C-1 Mixed Use Wetland to be Existing 20' utitliy easement removed _NN_~MW""_~NWNN___;H'_"""'''''''__H'NN'''_''N~_ ,,' 'I """N"''''::'':::::'~':.NNN':''''::'':::'N~N''NN,",N''';~"I; 'I 'I 'I UN" 'I'I__~_N''''~''NNN;__''NWH_IV-'#'NN__NMI'N'_'NNMNJW'_'''HN'N'_IHHNnN''NN_NW'N'N'N"""'N'~ r II. w_ l(~X ...m l( -.......... )( .m_m_'. )( y.- y. m___ )(... X l( X )I )( . . - - - - - - - -1- - - - - - - - --2.. - -=- ..::::::.'..--=----~.'== .'........... :;..~."., ..-- '. ~ End of 3' white picket ..-- ..-- 1- "" 3' white picket fence to A..; Existing fence fence """'-r begin at column 3-rail fence Existing 20' utitliy easement C-1 Public Use 50' ~ Thomas Daly Registered Landscape Architect Reg, # 1235 NORTH 0' 50' Date: 100' r '" 0) .S: :t:::::: :::s CI) s:::: 8 - iM E~ 8-"';- -as 0 :>~ ~~ _~o s::~ CD EO'> CD co O)f'-.. CON s::('I') . ~~ "C 0 - 0 (,)- C CDLL '0' ~ .- I;;;.~ Q.. i Cl ~a. e '- :J .2$ (,) C 0 Q) .- ~s: L .c::: ~ Q) el.C) q:~ C CD Q) g.:t: 0) (,) ::J Cl)CI) .- "tJ :- en s::-o (0 > Q) -'- m O)Q) "0 . s:: (/) - '- s:: 0 ~ ~::2: - it . ro -oS: s::..... 1J (0(0 -'co .c ~ CJ) .0 ~ oj r" 8 -g 10 u CJ) z .... 0 c Q) F E Q.. E CE 0 t) u C/) () I.LJ 0: 0 0 ~ u Q) CJ) '5 Q) 0: ~ I.LJ ci ~ C\! C'? 0 0 r" [ij 0: (]) UJ c: :::> m - "'0 a.. c: (]) X ....... 0 Ceo .- 0- en ~ "0 Q)'I: "> E~ .- Q) "'C a.~ .c 2: ::J o.~ en :J - a. Q)CI) ~ () >~ en Q).~ c: -.... Cl~ .- E Q) .- C - ~ 0') a.. ro ~ " ~ PROJECT NO, 2011a SCALE 1"=50' DATE March 2002 SHEET 10F2 ~ 1ll 8 ~ i ~ "0 ?)l ~ en ~ .. ~ ~ ~ ~ o '5 ~ ell "0 "0 u- n [ >- (/J ~ II.! t, r""-X I -"--1 1 I c(V ---- - ---- >< ! ~ M, , l 1 )<< I l \ 'y.(- , i End bric s ad aluminum fencing. 3-rail fencing >< \ L..__ ,'",.1, , j 1 ;:g. ,,,,,,,,,,,...,,,1 ~~ ~o 3: m' Q. C)E c: ._ ~Q) .- .c >< 0 w_ ... ... 0'7 ~~ &(/ U. \5'& .~ / <D E C\I ~ C") ex) Existing ROW Existing 5' concrete sidewalk Existing concrete power pole ,~ , ~ ,,/ " / " " / C-1 Mixed Use co ~ c: <D '''C .- en Q) a:: N83011'53"E +-' en c: Q) o ~ o .....J \\- -. .- 'H___"_' nvl "lIIl--..rr\"1 , ~ "t ~H,N""N'''H,H__,"..HN''"''HNM --=-=-=-"-=---=-==----==--T~=xcc= ~-v:"-::-;r:::~~::::-;;=:-=~~~", . . End of 3' white picket _ _ ," 3' white picket fence to Existing fence fence begin at column ::I Existing 20' utitliy easement Wetland to be removed Existing 20' utitliy easement R-3 Moderate Density Residential C-1 Public Use ~ Thomas Daly Registered Landscape Architect Reg. # 1235 NORTH II 0' 50' 100' Date: 50' r '" 0> .S:; =s CI) s:: 8 - aiM E~ s-~ Q'so ~...q Q)f'- Qr::- _~ 0 s::~ (J) EO> (J)CX> o,f'- CON c::C"') CO m . ~:g 0 - 0 (,)- C (J)LL 'e- ~ .- 0.. ffi 0.. ~a.. e L.. ::1 .2~ (,) C 0 (J) .- ~~ L .c: ~ 0> ell) q::~ C (J) Q) ~:!: 0> (,) ::J Cl)C/) .- "tJ :- en s::u co > CD ...,J - a:l o)Q) 1) .E;: f!! c:: 0 ~ ~~ - 0: . co "O~ C::T"'" 1) CO <0 ...,JCX> >- co z 0 r= Cl. a: () Cf) ll.J 0 ~ 0 ;> ll.J ex: (]) en ::> "'C : (]) >< +-' ~: -- Cm ~ u (])'C: E~ ~$ Q) c..~ (~ 2: 0'2 =::: ::J - Q. It () <DC/) I. >~ IV U) Q).S: 0 -L._ O~ Q) C C) ctJ ~ \.. ~ PROJECT NO. 2011a SCALE 1 "=50' DATE March 2002 SHEET 20F2