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Home My WebLink About2003 02 10 Regular A Villagio Development Agreement COMMISSION AGENDA ITEM A Consent Information Public Hearin Re ular X MGR.~(Dept. /~ February 10. 2003 Meeting REQUEST: Community Development Department requesting Commission consider and approve a development agreement anet its associated geometry plan for the SR 434 Retail development (a.k.a. Villagio), located on a 9. 15-acre tract along the south side ofSR 434, adjacent to and west of Stone Gable. PURPOSE: The purpose of this Agenda Item is to request that the Commission approve a development agreement addressing issues and concerns pertinent to the SR 434 Retail development final engineering/site plan . Please note: The attorneys are finalizing negotiations on the development agreement. A revised version of the development agreement will be provided in your boxes no later than Friday afternoon. APPLICABLE LAW: Section 166.021, Florida Statutes. (1) As provided in s. 2(b), Art. vrn of the State Constitution, municipalities shall have the government, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. Chapter 5. Arbor. 1 February 10, 2003 Regular Item A Page 2 of3 Chapter 9. Land Development. Chapter 20, Division 7. Neighborhood Commercial Districts. Chapter 20, Article VI. SR 434 Corridor Vision Plan, Division 2. General Design Standards for New Development Area FINDINGS: The development agreement is authorized pursuant to the Municipal Home Rule Powers Act, as provided in s 2(b), Article VIllofthe Florida Constitution and Chapter 166, Section 166.021, Florida Statutes. The development agreement is consistent with the City's Comprehensive Plan and Code of Ordinances. The development agreement provides for reasonable use of the subject property, while addressing issues and concerns pertinent to the present and future use of the site. CONSIDERATIONS: Staff has addressed the pertinent issues set forth within this development agreement with both the developer and with abutting residents. The City Arborist has met on-site with the development team to determine which trees can realistically be preserved. None of the trees in the interior of the site can realistically be saved, due to the volume of fill material that will be placed there. A number of trees along the east side of the site can be saved and this document addresses ways to save those trees and provides the developer monetary credit against the arbor fee for the cost of providing tree protection and buffering above and beyond the requirements of the City Code. The attached geometry plan depicts 30 feet between the east property line and a substantial portion of the proposed wall, in order to save as many trees as possible. The applicant must still provide detailed engineering/site plans (with landscaping) that must meet all applicable codes, except as otherwise specified in the development agreement. The City Commission may chose to approve the development agreement with its associated geometry plan and allow staff to ensure all the engineering, health/safety, and landscape details are correct or it may chose to require final approval to come back to the City Commission. The draft development agreement has been forwarded to the City Attorney for review and comment along with staff recommendations. 2 February 10, 2003 Regular Item A Page 3 of3 RECOMMENDATION: Staff recommends that the City Commission approve the attached development agreement, which includes the geometry/site plan, subject to the City Attorney's review and comment. Any changes recommended by the City Attorney should be incorporated into the document. Staff requests that the City Commission specify whether the fully revised final engineering plans with all the associated details must come back to the Commission or if staff will be allowed to determine final compliance. ATTACHMENTS: Attachment A - Draft Development Agreement, as provided by the applicant. Attachment B - Correspondence Attachment C - Revised Geometry Plan COMMISSION ACTION: 3 ATTACHMENT A THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Gregory D. Lee, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 PARCEL I.D. NO.'S 26-20-30-5AR-ODOO-0080 26-20-30-5 AR -ODOO-009B FOR RECORDING DEPARTMENT USE ONLY BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this _ day of January, 2003, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and McGAHA, LLC., a Florida limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs, FL 32708. WIT N E SSE T H: WHEREAS, McGaba is constructing a shopping center development on real property located within the City of Winter Springs, Florida; and WHEREAS, pursuant to the approval of the City of Winter Springs City Council on January 27,2003, McGaha desires to facilitate the orderly development of a shopping center (the "Shopping Center") on the Subject Property (defined in Section 3 below) as depicted in the site plan attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site Plan"), in compliance with the laws and regulations of the City; and 909349/80034/608171 v3 WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with McGaba for the development of the Shopping Center; and WHEREAS, in addition to McGaba's compliance with all City Codes, permitting and construction not in conflict herein, the City and McGaba desire to set forth the following special tenns and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Authority. This Agreement IS entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subiect Property. The real property ("Subject Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "8" attached hereto and made a part hereof by reference. Section 4. Representations of McGaba. McGaba hereby represents and warrants to City that McGaba has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by McGaba and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against McGaba and the Subject Property in accordance with the terms and conditions of this Agreement. McGaba represents it has 909349/80034/608171 v3 2 voluntarily and willfully executed this Agreement for purposes of binding the Property to the tenns and conditions set forth in this Agreement. Section 5. Obligations and Commitments. In consideration of the City and McGaba entering into this Agreement, the City and McGaba voluntarily agree as follows: (a) Buffer WaII and Buffer Area. In compliance with Section 20-469 Buffers and Walls, Winter Springs Land Development Code, McGaba shall provide a 6' masonry buffer wall that has the appearance of brick (stamped and died concrete) (the "WalI") around the perimeter of the Subject Property, provided that McGaba shall construct the Wall in a manner that preserves as many trees as possible and McGaba shaII not be required to place a waII in the area designated as a wetland (the "Wetland"). The Wall shall be configured in a manner along the east side of the Subject Property (abutting the Stone Gable Subdivision) that provides approximately a thirty (30) foot buffer area at its largest point between the Stone Gable Subdivision resident property lines and the service driveway that surrounds the Shopping Center (the "Service Driveway") and meanders southward closer to the Stone Gable Subdivision to accommodate the stonn water pond as shown on the Site Plan (the "Buffer"). The Wall, Buffer, Service Driveway and Wetland are depicted on the Site Plan. (b) Tree Ordinance / Tree Replacement Assessment. Since McGaba originally filed its Application for Preliminary and Final Site Plan Approval prior to the adoption of Ordinance No. 2002-08 repealing Chapter 5, Winter Springs Land Development Code, regarding tree protection and preservation, McGaba is vested to be regulated under Chapter 5 of the Winter Springs Land Development Code as it existed prior to the adoption of Ordinance 2002-08 (the "Tree Ordinance"). Pursuant to the Tree Ordinance and in consideration of the trees on the Subject Property which shaII be cut, removed or destroyed in connection with the development of 909349/80034/608171 v3 3 the Shopping Center, McGaba shall be responsible for payment of the sum of EIGHTY FIVE THOUSAND AND NOIlOO DOLLARS ($85,000.00) in fees to the City as a tree replacement assessment (the "Tree Replacement Assessment"). The City hereby agrees that McGaba may deduct from the Tree Replacement Assessment, certain tree replacement assessment credits ("Credits") in the amounts designated for and in consideration of the following items: (i) McGaba shall receive $10.000.00 in Credits for its additional costs and expenditures associated with constructing the Wall utilizing special construction methods designed to preserve trees in the Buffer. The City recognizes that such construction techniques increase costs with respect to design, materials and installation costs and the Credit described above in this subparagraph (i) reflect the differences in such costs. Moreover, the placement of the Wall in this location and utilizing these construction techniques will help preserve the east side of the Subject Property in its natural state and save specimen and non-specimen trees; (ii) McGaba shaH receive $64.000.00 in Credits for conveying to the Stone Gable Homeowner's Association that portion of the Subject Property comprising the Buffer, which is approximately .32 acres as depicted on the Site Plan. The deed of conveyance shaH contain a restriction that such land shall be used as open area I green space .and shall not be used for the construction of any structures whatsoever. Such conveyance will aHow for a permanent natural tree buffer between the Shopping Center and the Stone Gable ,Subdivision. McGaba shall be responsible for maintaining the Wall and the deed of conveyance shall reserve a maintenance easement providing access for such purposes. McGaba shall convey the Buffer to the Stone Gable Subdivision prior to the issuance of any building 909349/80034/608171 v3 4 permit from the City of Winter Springs for the construction of the Shopping Center. (iii) McGaba shall receive $20.000.00 in Credits for designing and developing the Shopping Center parking area and parking islands to save specimen and non-specimen trees. The City hereby agrees to allow McGaba flexibility regarding the relocation of some parking islands in an effort to save said trees, provided that such relocation is acceptable to the City staff arid does not reduce the number and size of the parking islands required by the City of Winter Springs Land Development Code. (iv) With the Credits described above in subparagraphs (i), (ii) and (iii), McGaba's Tree Replacement Assessment shall be reduced to $0.00. I (c) Stone Gable Deceleration Lane. If, within five (5) years of the date hereof, the City and/or Florida Department of Transportation ("FOOT") determines that a deceleration lane on S.R. 434 is necessary to serve the Stone Gable Subdivision entrance in the area east of both entrances to the Subject Property (depicted on the Site Plan), McGaba shall provide a deed to the City conveying a portion of the Subject Property to the City or FOOT (only for such purposes) within thirty (30) days of a written request (referencing this Agreement) by the City or FOOT to do so subject to the restrictions set forth in this subparagraph (c). The area to be conveyed (the "Deceleration Lane Area") shall be an area no greater than eleven (II) feet in width and shall be located within the area to be used as a landscape buffer required by the City as shown on the Site Plan. Furthermore, the conveyance of the Deceleration Lane Area by McGaba to the City or FOOT shall not disturb either of the two (2) existing entrances to the Subject Property or the Shopping Center parking area in any manner. The Deceleration Lane Area is 909349/80034/608171 v3 5 legally described and depicted on Exhibit "C" attached hereto and made a part hereof by reference. In addition, the parties hereby acknowledge that the conveyance of the Deceleration Lane Area may require re-Iocation of the Shopping Center sign in proximity to that area. In such event, McGaba shall have the right to move such sign within the tract upon which it is placed without modification of the Site Plan or other City processes or pennits. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 8. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and McGaba as to the subject matter hereof. Section 10. Severabilitv. If any provision of this 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 Agreement. Section 11. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Attorney and execution of this Agreement by both parties. Section 12. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and McGaba is an independent contractor and not an agent of the City. 909349/80034/608171 v3 6 Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 14. Sovereign Immunity. Nothing contained in this Agreement 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 and federal law. Section 15. City's Police Power. McGaba agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 16. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 17. Permits. The failure of this Agreement to address any particular City, 'county, state, and federal permit, condition, term; or restriction shall not relieve McGaba or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Section 18. Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 19. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity. 909349/80034/608171 v3 7 Section 20. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent pennitted by law. Section 21. Development Pennits. Nothing herein shall limit the City's authority to grant or deny any development pennit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in McGaba or on the Subject Property. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered in the Presence of the following witnesses: McGABA, LLC, a Florida limited liability company Printed Name ofWilness By: Printed Name ofWilness Shirley Mackerly Its President CITY OF WINTER SPRINGS, a Florida Municipal Corporation, ATTEST: By: JOHN F. BUSH Mayor By: ANDREA LORENZO-LUACES City Clerk 909349/80034/608171 v3 8 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by SHIRLEY MACKERLY, as President of McGABA, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Commission No.: My Commission Expires: 909349/80034/608171 v3 9 EXHIBIT "A" (SITE PLAN) 909349/80034/608171/2 909349/80034/608171/2 EXHIBIT "B" (SUBJECT PROPERTY LEGAL DESCRIPTION) ii EXHIBIT "e" (DECELERA nON LANE' AREA) l_ _ __u _ _ _ _ _ _ __ __ _ __ _ _ _ _ _ _ u _ u _u _ n _ _ _ _ ___ _ _ __ __ _n _ _ n _ _ _ _ _ _ U _ __ _ _ _ __ _ _ n _ ___ _ _ _ n u _ _ _ _ _ __ __'_ _ n _ _ _ _ _ _ _ n_ _ n _ _ _ _ _ u _ _ n_ _ _ _ __ _ _ _ _ <- -- 909349/80034/608171/2 iii Comment: This commentpreeedesa- field that contains the codes for ihe End ofDocumerit,lD,DO NOT insen'~dy leXI after lhis comment! '.t" . t ~ THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Gregory D. Lee, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 PARCEL J.D. NO. 'S 26-20-30-5AR-ODOO-0080 26-20-30-5 AR -ODOO-009B FOR RECORDING DEPARTMENT USE ONLY BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this _ day of February, 2003, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and McGABA, LLC., a Florida limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs, FL 32708. WIT N E SSE T H: WHEREAS, McGaba is constructing a shopping center development on real property located within the City of Winter Springs, Florida; and WHEREAS, pursuant to the approval of the City of Winter Springs City Commission on February 10, 2003, McGaba desires to facilitate the orderly development of a shopping center (the "Shopping Center") on the Subject Property (defined in Section 3 below) as depicted in the site plan attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site Plan"), in compliance with the laws and regulations of the City; and Draft 217103 5:30 p,m. 1 .' WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with McGaba for the development of the Shopping Center; and WHEREAS, in addition to McGaba's compliance with all City Codes, permitting and construction not in conflict herein, the City and McGaba desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Authority. This Agreement IS entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subiect Property. The real property ("Subject Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "B" attached hereto and made a part hereof by reference. Section 4. Representations of McGaba. McGaba hereby represents and warrants to City that McGaba has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by McGaba and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against McGaba and. the Subject Property in accordance with the terms and conditions of this Agreement. McGaba represents it has Draft 2/7/03 5:30 p,m. 2 voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 5. Obligations and Commitments. In consideration of the City and McGaba entering into this Agreement, the City and McGaba voluntarily agree as follows: (a) Buffer Wall and Buffer Area. In compliance with Section 20-469 Buffers and Walls, Winter Springs Land Development Code, McGaba shall provide a 6' concrete panel buffer wall containing a dye cast brick or stone facing east to the Stone Gable Subdivision property to the reasonable satisfaction of the City (the "Wall"). The Wall shall be constructed as soon as reasonably practical and prior any permanent vertical construction for the Shopping Center. The City recognizes that prior to construction of the Wall, McGaba must: (i) clear a sufficient amount of the Subject Property for the eastern portion of the Shopping Center and the eastern and southern portion of the Service Driveway; (ii) install utilities and storm sewer (and restore grading); and (iii) pour a portion of the concrete slab for the Shopping Center in order to utilize a portion of the concrete slab for the Shopping Center as a casting bed for pouring pre cast sections of the Wall. McGaba shall construct the Wall utilizing construction techniques that will preserve a total of approximately 61 trees with a total of 582" in diameter at breast height (" dbh ") consisting of 44 oak trees with a total of 394" dbh and 17 palm trees with a total of 188" dbh. The City recognizes that McGaba cannot guarantee all the trees mentioned above will be saved, however, the efforts to utilize tree preservation construction techniques for the Wall will likely result in the majority of the trees being preserved. McGaba shall not be required to place a wall in the area designated as a jurisdictional wetland by the St. John's River Water Management District or the United States Army Corps of Engineers (the "Wetland"). The Wall shall be located around the east and south sides of the Subject Property and configured in a manner along the east side of Draft 217103 5 :30 p.m. 3 the Subject Property (abutting the Stone Gable Subdivision) that provides approximately a thirty (30) foot buffer area between the Stone Gable Subdivision resident property lines and the service driveway that surrounds the Shopping Center (the "Service Driveway") and meanders southward closer to the Stone Gable Subdivision to accommodate the storm water pond and then westward to the eastern most boundary of the 25 foot wetland buffer area in substantial conformity with the Site Plan (the "Buffer"). The Wall, Wetland, Service Driveway and Buffer are depicted on the Site Plan. (b) Tree Ordinance / Tree Replacement Assessment. Since McGaba originally filed its Application for Preliminary and Final Site Plan Approval prior to the adoption of Ordinance No. 2002-08 repealing Chapter 5, Winter Springs Land Development Code, regarding tree protection and preservation, McGaba is vested to be regulated under Chapter 5 of the Winter Springs Land Development Code as it existed prior to the adoption of Ordinance 2002-08 (Chapter 5 prior to its repeal shall be referred to as the "Tree Ordinance"). In the event that the approved Site Plan should ever be deemed to be abandoned pursuant to the City of Winter Springs Land Development Code, the vested right involving the Tree Ordinance shall no longer be applicable and any development on the Subject Property subsequent to such abandonment of the Site Plan shall comply with Ordinance 2002-08 as amended from time to time. Pursuant to the Tree Ordinance and in consideration of the trees on the Subject Property which shall be cut, removed or destroyed in connection with the development of the Shopping Center, McGaba shall be responsible for payment of the sum of ONE HUNDRED FOUR THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($104,300.00) in fees to the City as a tree replacement assessment (the "Tree Replacement Assessment") and NINE THOUSAND SEVEN HUNDRED TIllRTY AND NOIlOO DOLLARS ($9,730.00) in arbor permit fees (the "Arbor Permit Fees"). Draft 2/7/03 5:30 p.m. 4 The City hereby agrees that McGaba may deduct from the Tree Replacement Assessment and Arbor Permit Fees, certain tree replacement assessment and permit fee credits ("Credits") in the amounts designated for and in consideration of certain items as set forth in Exhibit "C" attached hereto and made a part hereof by reference. Said Credits are dependant on the occurrence of either of the two scenarios described in Exhibit "e." (i) McGaba shall receive either $20,000.00 (Scenario 1) or $15,800.00 (Scenario 2) in Credits for its additional costs and expenditures associated with constructing the Wall utilizing special construction methods designed to preserve trees in the Buffer. The City recognizes that such construCtion techniques increase costs with respect to design, materials and installation costs and the Credit described above in this subparagraph (i) reflect the differences in such costs. Moreover, the placement of the Wall in this location and utilizing these construction techniques will help preserve the east side of the Subject Property in its natural state and save specimen and non-specimen trees; (ii) McGaba shall receive $36,716.00 (Scenario 1) in Credits for conveying to the Stone Gable Homeowner's Association that portion of the Subject Property comprising the Buffer, which is approximately .2107 acres as depicted on the Site Plan. Such deed of conveyance will allow for a permanent natural tree buffer between the Shopping Center and the Stone Gable Subdivision. McGaba shall be responsible for maintaining the Wall and the deed of conveyance for the Buffer shall reserve a maintenance easement providing access for such purposes. McGaba shall convey the Buffer to the Stone Gable Homeowner's Association and Draft 2/7/03 5:30 p.m. 5 Draft 2/7/03 5:30 p.m. the Conservation Easement to the City prior to the issuance of any building permit from the City of Winter Springs for the construction of the Shopping Center. (iii) McGaba shall receive $5,020.00 (Scenario 1 and Scenario 2) in Credits for designing and developing the Shopping Center parking area and parking islands to save two (2) oak specimen trees depicted on the Site Plan, which total 50" dbh. The City hereby agrees to allow McGaba flexibility regarding the relocation of some parking islands iri an effort to save said trees, provided that such relocation is acceptable to the City staff and does not reduce the number and size of the parking islands required by the City of Winter Springs Land Development Code. (iv) McGaba shall receive $20,000,00 (Scenario 1 and Scenario 2) In Credits for replacing 200 trees. (v) McGaba shall receive $6,100.00 in tree replacement credits and a $610,00 permit fee credit ($6,710.00 total credits) (Scenario 1 and Scenario 2) granting a conservation easement to the City for the Buffer generally providing the City the right (but not the obligation) to enter the Buffer to maintain and/or enhance the trees and vegetation and the ability to enforce its rights to preserve the Buffer as a conservation area through injunctive relief (the "Conservation Easement"). The' Conservation Easement shall not prohibit the Stone Gable Homeowner's Association or McGaba from entering the Buffer to maintain and/or enhance the trees and vegetation as long as such maintenance and enhancement is consistent with the Conservation Easement. In that regard, the deed of conveyance shall contain a restriction that the Buffer shall be used as open area / green space by Stone Gable Homeowner's Association and shall not be used for 6 the construction of any structures whatsoever. The Conservation Easement can be granted to the City in the deed of conveyance to the Stone Gable Homeowner's Association described above in Section 5(b )(ii) or in a separate instrument of conveyance. The deed or instrument shall be in a form deemed acceptable to the City Attorney prior to recording. Such Conservation Easement will allow for a permanent natural tree buffer between the Shopping Center and the Stone Gable Subdivision. (vi) Depending on the occurrence of either of the two Scenarios described in Exhibit "C" attached hereto, McGaba's net arbor obligations shall be $25,584.00 (Scenario 1) or $66,500.00 (Scenario 2) and shall be payable to the City prior to issuance of the building permit for the shopping center on the Subject Property. (c) Non Acceptance of Buffer Conveyance.' In the event that the Stone Gable Homeowner's Association does not accept the deed of conveyance for the Buffer (as described in Paragraph (b) (ii) of this Agreement) after reasonable efforts by McGaba, the City hereby agrees to permit McGaba to place the Wall along the eastern boundary line of the Subject Property (without modification to the Site Plan) utilizing construction techniques to save trees described in this Agreement. Under such circumstances, McGaba shall be required to maintain the Buffer in its natural state and grant the City the Conservation Easement for the Buffer (as described in Paragraph (b)(ii) of this Agreement) and McGaba shall be responsible for the net arbor obligations described as Scenario 2 under Exhibit "C" attached hereto. (d) Stone Gable Deceleration Lane. If, within seven (7) years of the date hereof, the City and/or Florida Department of Transportation ("FDOT") determines that a deceleration lane on S.R 434 is necessary to serve the Stone Gable Subdivision entrance in the Draft 2/7/03 5:30 p.m. 7 area east of both entrances to the Subject Property (depicted on the Site Plan), McGaba shall provide a deed to the City conveying a portion of the Subject Property to the City or FDOT (only for such purposes) within thirty (30) days of a written request (referencing this Agreement) by the City or FDOT to do so subject to the restrictions set forth in this subparagraph (c). The area to be conveyed (the "Deceleration Lane Area") shall be an area no greater than eleven (11) feet in width and shall be located within the area to be used as a landscape buffer required by the City as shown on the Site Plan. Furthermore, the conveyance of the Deceleration Lane Area by McGaba to the City or FDOT shall not cause reconfiguration or relocation of either of the two (2) existing entrances to the Subject Property or the Shopping Center parking area in any manner. The Deceleration Lane Area is depicted on the Site Plan attached hereto. In addition, the parties hereby acknowledge that the conveyance of the Deceleration Lane Area may require re-location of the Shopping Center sign in proximity to that area. In such event, McGaba may remove and relocate such sign within the tract (in accordance with the City of Winter Springs Land Development Code) without modification of the Site Plan or other City processes or permits. (e) Detailed Engineering Plans. In connection with the development of the Subject Property and pursuant to the City of Winter Springs Land Development Code, McGaba is required to provide detailed engineering/site plans (with landscaping) in substantial conformity with the Site Plan. Accordingly, the City hereby agrees to permit the City Manager or his designee the ability to approve such detailed engineering/site plans (with landscaping) and McGaba shall not be required to obtain approval of such plans by the City of Winter Springs City Commission, provided the engineering/site plans are in substantial conformity with the Site Plan. Draft 2/7/03 5:30 p.m. 8 (f) Tree Protection Guidelines. McGaba and its construction contractor's shall fully comply at all times with the Tree Protection Guidelines set forth in Exhibit "D" attached hereto and made part hereof by reference. (g) Cross-Access Easements. In a form acceptable to the City Attorney, the following cross-access easements shall be granted to the City for public use and/or to the adjacent property owner in accordance with Section 20-472, Winter Springs Code, prior to the first Certificate of Occupancy for the Subject Property: (i) A vehicular and pedestrian cross-access easement, centered approximately 145 feet south of the northeast comer of the Subject Property in a width acceptable to the City engineer, but no greater than twenty-five (25) feet. (ii) A vehicular and pedestrian cross-access easement, centered approximately 170 feet south of the northwest comer of the Subject Property in a width acceptable to the City engineer, but no greater than twenty-five (25) feet. (h) Wetland Easements. Pursuant to the City of Winter Springs Comprehensive Plan, Conservation Element, Policy 1.4.4, McGaba, shall dedicate to the City a conservation easement over all jurisdictional wetlands and wetland buffers depicted on the Site Plan. Said easement shall be in a form deemed acceptable to the City Attorney and said dedication shall occur prior to the issuance of a certificate of occupancy for the Subject Property. (i) Drainage Easement. McGaba shall convey a drainage easement located at the southeast corner of the Subject Property, south of the stormwater retention pond, prior to the issuance of a certificate of occupancy for the Subject Property. Said easement shall be in a form deemed acceptable to the City Attorney. Draft 2/7/035:30 p.m. 9 Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 8. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and McGaba as to the subject matter hereof Section 10. Severability. If any provision of this 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 Agreement. Section 11. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. Section 12. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and McGaba is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Draft 2/71035:30 p.m. 10 Section 14. Sovereign Immunity, Nothing contained in this Agreement 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 and federal law. Section 15. City's Police Power. McGaba agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 16. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 17. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve McGaba or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Section 18. Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 19. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity. Section 20. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. Draft 2/7/035:30 p.m. 11 Section 21. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in McGaba or on the Subject Property. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered in the Presence of the following witnesses: McGABA, LLC, a Florida limited liability company Printed Name of Witness By: Printed Name of Witness Shirley Mackerly Its President CITY OF WINTER SPRINGS, a Florida Municipal Corporation, ATTEST: By: JOHN F. BUSH Mayor By: ANDREA LORENZO-LUACES City Clerk STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by SHIRLEY MACKERL Y, as President of McGABA, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. Draft 217103 5:30 p.m. 12 (NOTARY SEAL) Draft 2/7/035:30 p.m. Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Commission No.: My Commission Expires: 13 EXHmIT "A" (SITE PLAN) Draft 2/7/03 5:30 p,m. Draft 2/7/03 5:30 p.m. ExnmIT "B" (SUBJECT PROPERTY LEGAL DESCRIPTION) ii EXHmIT "e" ARBOR OBLIGATION This exhibit demonstrates the developer's arbor obligation as required in the Winter Springs Arbor Ordinance Chapter 5 Code of Ordinances under two scenarios: Scenario 1 includes the developer conveying a 30-foot buffer area to the Stone Gable Home Owners Association and conservation easement over the buffer to the City in consideration for $36,716 in credits against the developer's arbor obligation and the construction of the buffer wall along the western, boundary line of the 30-foot buffer. Scenario 2 includes the developer building the buffer wall along the eastern boundary of the 30-foot buffer and donating a conservation easement to the City of Winter Springs. Scenario 1 Scenario 2 Arbor Obligation HOA/City Conveyance City Conveyance Clear Cut Obligation Arbor Permit Fees Replacement Requirements 9,730 104,300 9,730 104.3 00 Total Clear Cut Obligation 114.030 114.030 200 Tree Replacement Credits 20,000 20,000 30-Foot Easement Credits 61 Tree Preservations 6,100 6,100 Arbor Permits 610 610 9, 179-Sq. Ft. PropertylEasement Acquisition 36,716 -0- ($4 per sq.ft.) Tree Preservation Construction Method 20,000 15,800 63,426 22,510 Specimen Tree Credits 2 Tree Preservations 5,000 5,000 Arbor Permits 20 20 5,020 5,020 TOTAL CREDITS 88.446 47.530 NET ARBOR OBLIGATION 25.584 66.500 Draft 2/7/03 5:30 p,m. III q EXHIBIT "D" TREE PROTECTION GUIDELINES 1. Prior to construction or during site preparation, barricading suitable to the City's arborist shall be erected and maintained around all trees to be preserved in order to establish a tree protection area. All trees to be preserved shall be identified on-site by harmless marking or banding. 2. Prior to construction, tree protection signs shall be posted and maintained at all tree protection areas. The contractor shall make every effort to protect all existing trees to be preserved during site preparation and construction. Placement of material, machinery, utility lines, soil, hazardous liquids, or vehicles within the tree protection area shall be strictly prohibited. Materials, wires, signs, or nails shall not be attached to any tree unless such materials are needed to preserve the tree. 3. Unless another suitable technique is approved by the City's arborist, the tree protection barriers shall be constructed as follows: Uprights - 4" x 4" lumber on eight-foot (8) minimum centers; horizontals - the equivalent of one (1) course of2" x 4" lumber. 4. Tree protection barriers shall remain in place until construction is fully completed and all paving, construction, and heavy equipment is off the Subject Property. 5. All trees to be preserved shall have their natural soil level maintained. All efforts shall be made through the grading and drainage plan to maintain the natural drainage to and from such trees. 6. Any tree that may need to be moved for any reason during the construction process shall be relocated only under the direction and written approval of the City's arborist. 7. Properly install and maintain siltration and sediment control barriers around trees. 8. Root and canopy pruning shall be required by a qualified ISA arborist. Any damaged roots shall be clean cut and covered by clean fill. 9. McGaba shall abide by the reforestation standards set forth in the Tree Ordinance. Draft 2/7/03 5:30 p.m. iv - ~ - - ATTACHMENT .B January 39, 2983 John Ht the February 18th Commission meeting one of us will speak on the sUbject matter referred to in the attached eHcerpts from the Declarations of Couenants .... for Stone Gable. The' entire document is auailable on request but I eHtracted the attached statements for background material for the Mayor and City Commissioners belieuing that it is easier to read in this form than by searching pages. I will haue my complete copy auailable at the meeting. I think it will take the owners of 34 properties to uote aye on anneHing the 38 foot buffer area. Don't think that will euer happen, so this will become an important consideration of which the city should be aware. I am enclosing 12 copies, ten for the Commission, Clerk, etc., and one for you and one for the City Manager. Please include the attached in the packages for the Mayor and City Commission. If I need to write a couer letter for this background material, please aduise. Reg~ Bob Keith DECLRRRTION OF COUENRNTS, COND ITIONS RND RESTR ICTIONS FOR STONE GRBLE SEMINOLE COUNTY FLORIDR RRTI ClE H GENERRL PROU I S IONS.....PRGE 31 Section 18 RnneHation -Page 35 Additional residential property or Common Area may be anneHed to the Property with the consent of two thirds ( 2/3) of each class of the Members. RRTICLE IU MEMBERSHIP RND UOTING RIGHTS....Page 10 Section 2. Uoting Rights. The Association shall haue two(2) classes of uoting Membership: Class A. Class R members shall be all Owners, with the eHception of the Declarant and the Builders, and shall be entitled to one(1) uote for each lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The uote for such Lot shall be eHercised as they determine, but in no euent shall more than (1) uote be cast with respect to any lot. Class B. The Class B Members shall be the Declarant and the Builders and they shall be entitled to three (3) uotes for each Lot owned by them. (REMRINDER NO LONGER APPL I ES RS CLRSS R MEMBERS OWN MORE LOTS.........THRT IS, RLL OF THEM) RRTICLE III EHSEMENTS RESERUED TO DECLARRNT RND OTHERS; PROPERTY RIGHTS ......Page 6 Section 7. Owner's Easement of Enjoyment for Common Rrea. Page 9 Euery Owner shall haue a noneHclusiue right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to euery Lot, sUbject to the following prouisions : (a) Euery Owner shall haue a right to use any of the Common Facilities owned by the Association for, the purpose for which such Common Facilities are reasonable intended........... ,.. ~ ... c, Ri:~$IJ~~EQ) JAN 2 7 2003 CITY OF WIN, CommUnity 0 ER SPRINGS evelOpment ~~.::~ Stone Gab~RO.A., llE: VERBAL,'COMMITMENTS TO HE INCLUDED -IN THE FINAL SITE -PLAN -FOR THE VILLAGIO, -A-COMMERCIAL -DEVEWPMENT-ABUTTING THE STONE -GABLE -COMMUNITY <Jity -Manager, City-ofWinter'Springs. City -Hall 1-l26-East'State-Road 434 Winter-Springs, 'FloOO-31-7-o8 -Dear-Mr. -MoL-emore: It is -the -our -understanding-that'the 'following items will.be -includedin:the ,final' site 'plan -for-the Villagio: 1. The -Stone Gable-(existing) -lane 'cut -(on -SR 434) wi1l-remainin -tact. -2. The Villa:gio will,ha-ve -its -own -lane -cut -on -the western -end -of-their -property. '3. The Villagio will-dedicate -a -right 'of way -to -the City. The City -may 'convert-this. 'into-a -deceleration -lane-benefiting-8tone Gable. 4. -A -3{)' -natural-(-existing)-tr-ee-buffer will-run -paralle1-to-lots -1 ~ 4;-thereafter,-the'buffer will-taper-(to-the-east)-and-lessen ,in-dimension -along lots-5 - -7. 5. The -buffer -zone will-be -deeded -to -the 'Stone -Gable -P:O:A. 'as' ~ -conseIVatWn 'easement, which -r-estricts -development, -and, -of-course, -places-the -land -in -the -community's -control 6. The Developer will-receive-a nnancial'credit-(-for,the value ,of-this land1-from-the City of Winter ,Springs, for-deeding this ,land -to -8toneGable -P.O:A. -7. A6' wall will-run -parallel-to-the-buft'er-zone. The-proposed wall is-a:concrete facia, -dyed - and -carved -to replicate' stone. The wallis.' supported -by pylons. This.' style 'of, -constmctio.n -purportedly -is -less -intrusive -then -a -traditional-brick wall ,with -a -poured -footer. Thiswill-help-pr-eserve-the-existing-tree-rootsystem. Ther-e will-be-examples -of-this wall-at City Hall-fur review. The'Stone Gable -P.O:A. -is -in' support.'ofthe-afor-ementioned -items-and. supports.-inclusion in -the fina-l,site -plan, which is 'not yet -available -for 'our review. Additionally,-the -Stone Gable -P :OA -recommends -the -following -to-be ,included -in -thetinal, site 'plan: -8. The 'installation -ofa -deceleration -lane 'on' SR 434 to support: safe- access ,to-the -Stone Gable -Community. The -proposed volume -of-traffic -into -and -out-of the Villagio totals -thr-ee -thousantl-daily-trips. The placement -of-the 'eastern -exit -from -this :commercial -development so -close 'to ,the' sole -entrance-to-our-community-coupled with,the volume -and speed -of-uaffic 'onSR 434 -cr-eates.'an -even -more dangerous-traffic 'scenario. A -deceleration -lane -in' SUppOlt -of-the ,Stone Gable CommUnity will'promote- saf-ety-and -avoid severe -accidentsthatalr-eady 'occur 'on -this -dangerous ,roadway. .," ;{- 9. The extension of the 30' tree ,buffer to SR 434. Currently, the. nllP...!!al tree bnffer terminlltes approximately 20' north of Lot 1. This leaves 200' of exposed area. To effectively protect our Community from the large, co:inmercial development and p'reSeiVe the trari:quil 'setting that is enjoyed today;'it is critical that this iiaturaltree , buffer extendsthe length of out comttlunity. -It is' important to' note that the 'knoWn site plan'is desigD.ed to include provisiOnS: for '-cross (v.ehicular)acce.ssbetWeen theVillagio' and St011.e Gahle Circle.: As'previously 'represented 'and 'supported' in: the recorded 'covenants: 'of 6ut 'association; this: concept -tequires'the consent of the Stone Gahle'P.O.A 'This willllever 'receive support from 'ourCOnlt1'lll'tlity,-as the" entire notion' is tepteliensible' t{i' all tesidents.Thetefote~the -provisionsfot'snell'li' designshoukfbe, removed' and the-natural tree buffer should be -e)d:endoo'to SR 434. The' Stone' Gable' Community-appreciates the'assista:Ii.ce received' from the City Manager is.a.d:dressittg some' of our'concems. We strang1y''Supportitems'l -'- T and' ask the City 'Commission' to' rule' in' favor of these' item~' even if 'some: are 'someWhat unfia'ditional. 'In - addition; we' ask 'forinclilsionofitems8' and' 9. 'Inclusion 'of these finalnwdifications; to 'the' known site' plan, 'will'cteate 'a: palatable' coexistence of theSestarkly-diffetent . developments. (~f commerCial-strip'lnall'and a sittgle--family neighborhood). We'are 'Willing- to meet 'with 'you' or 'anY' memberS' of the' City Commission' to' 'discuss these 'items'andrevieW,the final site plan; which: We have-not seen'todate. Sincerely, . n-<- -::-.. ~4;z::; - President, Stone' ' Gabie- P:O:A. Robe.rtJohnston Vice President, Stone' Gable'P:O:A. Copy: Mayor'Bush, .City-ofWinter Springs -Commiss1onerHl~ke;City of Winter Springs -Commissioner' Martinez.,' City of-Winter Springs Commissioner McLeod, City of Winter Springs 'Commissioner Miller,"City of Winter Springs 'Commissioner McGinnis; City of-Winter Springs 'Concerned -Citizens' of-Winter Springs:{CCWS) . 'Kipton' LockcuH: P ;E:' UtilitylPublic'Works Director . Stone 'Gable P:O~A.' Engineering-Committee BONNER January 21, 2003 rtECerVI!D 'l:'~" j~N?' 1tlU3 ; N'TER SPRIt'1G8 crrv of WI"I Plann\~ \" ' CUrre Honorable Mayor and City Commissioners, City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Dear Mayor and Commissioners: This communique is in response to the meeting on 17 January 2003 where an alternate proposal concerning the natural buffer area between the proposed Villaggio site and the Stone Gable subdivision was presented to representatives of the Stone Gable POA. It is my understanding that this proposal consists of the following: ~ A natural buffer of existing trees would be retained immediately adjacent to Stone Gable's western property line. Adjacent to the western boundary of the natural buffer, a six (6) foot decorative fence - with a stamped and dyed concrete fascia - would extend from a point thirty (30) feet west of the northernmost comer of Lot 1 to a point thirty (30) feet west of the southernmost edge of Lot 3. At that point the wall would begin to slant inward toward the Stone Gable western property line at a rate of approximately six (6) feet per lot starting thirty (30) feet west of the northernmost comer of Lot 4 and proceeding to the southernmost comer of Lot 7, ~ Using the Arbor Funds, the City of Winter Springs would purchase the natural buffer area and deed it to the Stone Gable POA with the proviso of a permanent conservation easement that would restrict the removal of any trees, the construction of temporary or permanent sheds, buildings, etc. Common access will be provided for maintenance and general use by members of the Stone Gable POA. The above proposal provides yet another alternative resolution; however, it does not address a number of concerns that include but are not limited to: adequate drainage, danger trees, maintenance, insurance, taxes, etc. regarding the proposed buffer area. Additionally, the justification for using the decorative fence is based on the purported claims of speculative technology - the long-term effects of which are unknown. As presented, I further believe that the current proposal forces the majority of the affected residents to accept a less suitable alternative without sufficient details or timing to make a prudent decision on matters that will have a long term affect on our property values. Commission_Proposal_2.doc January 21, 2003 -Page 2- In closing, it is my belief that the proposal outlined in my letter, dated December 26, 2002, provides a fair and equitable resolution. If however, the City opts to save more trees by purchasing the proposed buffer area, I would prefer that a permanent concrete block wall be constructed instead of the decorative fence being considered. This would be a more substantive, secure and long-term barrier between both properties. Since I have not been afforded the opportunity to review the most recent proposal in detail, nor have I been provided information relative to the concerns raised, I look forward to learning more at the Commission meeting. Sincerely, Larry G. Bonner 108 STONE GABLE CIRCLE. WINTER SPRINGS, FL . 32708 PHONE: 407,327,7106 81-19-83 Honorable Mayor and City Commissioners City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32798 Dear Mayor and Commissioners: We, the undersigned, owners of four of the seuen Stone Gable lots abutting the SR 434 Retail Center, aka Uillaggio Plaza property, concur with Mr. Bonner's letter of January 19, 2883 regarding the new proposal concerning the buffer area between these two properties. Sincerely, 73;:f,2:0 ~e Gable .f Charmia G. Bonner, t 5 , Stone Gable ~ 7 I(\I~~ auid an Maria~~ot 6, Stone Gable ./~t--iIJA //JI; rt}/}/)/'Ycrtl>>A/f { ~,:1 J. P. and Kathy Snodgrass, Lot 7, Stone Gable " , ' ATTACHMENTC III / ~ / ~ ~~~ ~~~~~~ 'c;~~NE CABLE CIRCLE ~ / . ~ ~. z ~ CUT ~ ~~1 /' ~ II) O~. /~-~=-' '~.c - -, - c:UEejitfJIafFE'- WAlL",-- - - - - - ~ " - ~~~- :- ~ -=T5?3-6'=::='-~--' to \ 88,67' ,-; . I I \1 .., I ~ (,.. ~ J - ~~~ 26 ~K~ I rr r:n C - - Future @ ~ ~ 24 ~AK 10' 7 --===-'= I TYP, I 0 ~ 'I ~~ght ~2.) ;- ~ "'===',_-1 ~ ( ~ ~ I_~' "B'W" . R3:~r LANDSCA~EAllEA -~R'~'- -~ "'a'" o I~ ~ 0 ~ ~ .,.' I R'[ ~ ~ ~-~ ' ~ 0 .;."- i a: -. r t" ..11I111 111I11 t\.\.\.\.\.\.' II. Ill? PAD I ~ ~' ~ I <r v 2,500 SF CD ' ~ ~ '1 ~ 12'! 12' 20":' <( ~ nDJ --j--l--j~-, L. .~ ~15 CD i r- ~ ,0 . RIGHT -IN ~~ " RI~~tyOUT II ~ R3~ ~~~ J) ~ J) ~ I r I\.:,\ ,,10' I R10'- 1i(J::- SIGNAGE ~ "SR 434 lalRRI fR - B ~ 1l J-1YPE i.~';--C Ulm& G~{;~R - ~-- - m - VISION p~~!r EGULATIONS I / R10' I R1r ,- F=" -IS' 5ET81 FROM PROPERTY LINE R:~ ~I SE~18~c~ t?\6 ~ -MAXIMUM!! 2 HIGH II rJ _ \V .. -32 SQu:tl ET OF COPY liPACE ~ ~~ I ~ I ~~~~s~~C'Ji~E NANT IDENTIIT =, , . . _. >,11I111 1111111111111", ,,"'" "~ ",' " " ,,', LAN DSCAr,E, ISLAND, ' '1)1111 111111111111 @ -DESIGN I'll NO APA~foFTHIS ~.~ R10'- / ~ 7R10,' PERMIT ' I II . 5' CONC. / ~ I I ~ I SIDEWALK (TYP.)~---~ - - -------1 I i I I @ . R10'..,...,. ,-= F= R10' III I ~'-jE'~E'- r V7'lo (j) K ! ] ~iN ~ 119.45~ 11.3" I (TYP,) . "' ~~ ~ r ~-1II111 III III "(;," '~'L 1.fo~D SF I i CD '::r 20,21' ~- 11/ E II, @ Q) ~ \J . C o 0.. Q) 4-' if) o 4-' Q) L ~ t") ~ ~ a Ir @ , I ~ i , I I, II i [J / ,-..., f- U <{ 0::': f- STONE GABLE PLAT PB 54 PG 7614 mW 0... f- <{ UU <{ Ul 0::': 0 f- Z ::J '0 N n L!l -;j- : -~ - - T SOTOO'49"~ 822.2-; (; I - - -r - - l" nA~ - - I ~ 0-: - · 0.4- P at (JJ$P l~UFFER MrB\ 01-408.-...;) 6 12 OAK 10 PALM II BjAK 10 ~L~II. 1801K. II 1914 PALM _.. _6 OAW o 12 ~ 0 4 0 6 (6 0 1Q.. ~ (JJ P,' 2 (JJ II 10 PALM ~ fO OAK fa PALM " 01" 0 12 010 0 '2W~'0 06 ,t1PALM l~OAK 18 OAK 60 2 OAK 14 pfLM .. 0 OAK 10 OAK 1($ 0"0 4 0),0 0'2 0 6fI 0.8 Jt8 lJ) 10 rN 6 OAK 5 OAK 10 OA""~ .8 0'''' IV V"" P 1~11f: A .p 10 i B 610 12 liP 10 ~ 5 12 PALM ----/~4U- rjUl-'I-I-R WAil L() NI IN --- . __no_un -- -------- ~t__- -- _ .~ R10' "~l.... 5' R10' l~ ~ [ LANDSCAPEr PLANTERS (TYP.) I ~ 7.73' ~ R34' R10' '"\ t r<'J N cO tL ...-: ~ to @ o~ TENANT 8,200 SF 15) ~. 20' 112' 112' 20' 12' 12' 0 --i--1--1~- -'\ -1-- - 11.33' t I I I ~ CD @ CD -- v--: ~10t i R10l ~ ~ t ~ D- . r " DUMPSTER I ~ ENCLOSURE I~ (SEE DETAIL ., SHEET 7) ~ 'J. IR20' RETAIL 2 ~o('( 10,535 SF ~~~1' ---.......-' L___ ~~ / ~~ B1 ~ D ~ o " II:) 5' CONC. SIDEWAl~ 0' D ~ " / OFFICE 9,000 SF (2ND FLOOR) ST AI R WEll '-/ 10' LANDSCAPE :~ PLANTER, BUILDING \ ~ ENTRANCES TO BE DETERMINED BY I ARCHITECT \ -----sIDlWAE~ {~,ci~- o >-HC RAMPS (TYP.) (SEE DETAil, ~HEET 7) <r ~ 12' I 12' I'\. '\. '\. '\,:\. '\.111111 ~----j '9<'20'~ ~10' --.J --.J ~ @ '~' " , . '2' 20 , ,'2 . 2.0 .r;- ~ ' "0' 0- " "-'IS.- :) , I. 1 i ~(j) /' FOUNTAIN CD <r ~ DETAILS ON l'-.\...\...\...\..."nHn ARCHITECTURAL " PLANS 0<>' f),.o '_____-~'C SIGN y ~ (TYP.) l'-.'\\'\'\" min ()<> "i;SPECIAL PAVING DETAILS ON ( ,o(.X\(; ARCHITECTURAL c'<.'<. ,'<,' .'<,'< PLANS ,'<,' 'y \ " ~- 10' (TiP, ) F" - N ~ \L. f.J- b-, ~0 ~ SfNH WEll-\ RETAIL 1 6,964 SF SPECIAL PAVING r'\ (' @ ~ CD l)R10' (j) ~I , I R1~ ~3~ I 1~- jR10'/' :~ 10' - CTYP,) ~ -10~ - ~TiP J ~ - ,- '" ~ - -------r--- - 11.33' I ~ Rl0' R~ R34' , )' ,'<,'<,' .'<,' , (f(<(/:.U \Y/ DUMPSTER ENCLOSURE (SEE DETAIL--- SHEET 7) ~'~ 7 "<-: ~~ [:::::cr t--J L5 w 17 ...J z Uo . N o L() I n.M n KD~ I 20' 12' 12' :i ili~ . @-'~r' '- ~ ~ ~ ~ ~I ---------~ -= ~~ ~ ~ :-)~ 22,03')) ~ I R3S' ~ ~ r.. Rl0'~ A '-~ ,~ 0 r1 - _ /lr - - -- I I) I 12,33' ,- ~ I 1---- N - --- -= - - ------..J i N I R'O' ~'O. ( _ _ F_~TURE ACCESS POlNT~\! R10 /- r-JREB I GUTTER -- - ---~---- -- -- ..L.__ - . -BEGIN'380LF RETAINING-WALL-- ~~gNTi~~?=D~~~BRB / (DESIGN BY OTHERS) RHO KD~ @ REST AU RANT 6,000 SF RETAIL 1 4,940 SF 5' CONe. SIDEWALK v ."", , -....-.- -- -- N - --- R20' " . ~ o "'" N R35' ~ \ .r- I .r Ll1 822.36' (C) II , 9 I //11 NOTES NOTOO' 49"W 187,34' ,21,34~~ ADD HC RAMPS & CROSSWALK (TYP.) FOOT INDEX #304 1. ALL CURB RADII TO BE 3 FEET UNLESS OTHERWISE NOTED. 2, ALL DIMENSIONS ARE TO EDGE OF PAVEMENT UNLESS OTHERWISE NOTED. 3. CONCRETE SIDEWALK RAMPS SHALL BE INSTALLED ACCORDING TO F.D.O.T. INDEX 304 or~ A.DA STANDARDS, WHICHEVER IS MORE RESTRICTIVE. 4. ALL CURBS ARE TYPE "0" UNLESS OTHERWISE NOTED. 5. ALL TRANSFORMERS AND SWITCH BOXES RELATED TO DEVELOPMENT SHALL BE SET BACK A MINIMUM OF FIFTEEN (15) FEET FROM ANY RIGHT-OF-WAY AND VISUALLY SCREEr~ED USING LANDSCAPE MATERIALS OR MASONRY CONSTRUCTION IN CONFORMANCE WITH THE LAND DEVELOPMENT REGULATIONS OF HE CITY OF WINTER SPRINGS. 6. MECHANICAL EQUIPMENT AND APPURTENANCES, INCLUDING BUT NOT LIMITED TO AIR CONDITIONER UNITS, VENTILATION EQUIPMENT, REFRIGERATION SYSTEMS, HEATING UNITS, ETC., MUST BE SCREENED SO THAT THEY ARE NOT VISIBLE FROM ANY PUBLIC RIGHT-OF-WAY. \ TRACT C (STORMWATER MGMT AREA) i'- o ~ -" . , -- \ - - Ll1 a:J <Li ~ i 23 18 16 L (,i- \' 6 1 \ I " , \ RETENTION 1.25 ACRES .) 6 I 16 --------------- 18 t i ) 23 1/ UNIMPACTED WETLAND AREA v~ ~ ') SIGN LEGEND & STRIPING NOTES 1. TYPICAL PARKING SPACE SHALL BE STRIPED WITH A 4" WHITE STRIPE, 2. SEE DETAILS FOR HANDICAP PARKING. 3. TYPICAL STOP BAR SHALL BE 24" WIDE WHITE STRIPE. SIGNS NO TEXT OR SYMBOL SIZE R1-1 STOP 30"x30" ALL SIGNS SHALL CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. \ ~ --------- ...------I ----- ------ ~ ,-- ~ .4. 0' 40 ~ r- SCALE: 1" = 40' \ LEGEND GV @ I~~~\~ ~ ~\I I I I I 80 -1 PROPERTY LINE SILT FENCE CENTERLINE EXISTING FENCE ZONING CLASSIFICATION PARKING SPACE COUNT 25' WETLAND BUFFER AREA WETLAND AREA (f) f- Z w ~ o tJ !JJ ~ r !lH ill tJ !!I ~ (f)(f) 3: 3: :::2 :::2 NN 00 N ~ ~ r) :::J -) :--J 7' (f) I- Z w :2 :::2 o U 'J) C ~ ~ '~..l ~ ~ U (f) o Z f-c:I:: :J 0.. O(f) ~fS f- 0Z Z- - 3: ~ c:I::l.L. <{a 0... o~ Wu (f) 2Jf5 c:I::0.. z "'1: '-'l if) Z o if) 2J 0::: f".. to 11) -;j- t<) N ..- -.J L5 U1 o w U1 ~ (.~~~_J;~ C - - c:::) .-I - c:::) j'o" en "-I ~.o < -"'~A-,,;f"--- ~D ~~~~~~ ::r:: "'='~._ . 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McLemore, City Manager f2.v1(f\ FROM: DATE: February 10,2003 SUBJ: Villagio The purpose of this memo is to summarize the remaining issues of which we are aware. - This matter has continued to evolve since Wednesday's publication of the agenda. On Wednesday, we advised you that the attorneys were continuing to hammer out the final details of the development agreement and that the agreement would be available this past Friday. The agreement was not received until after the close of offices Friday. The following discussion is to bring the Commission up to date on issues as of this date. Buffer & Wall: Section 20-469 of the City Code requires a 6 foot tall masonry wall between commercial development and residential property - no other buffer is required adjacent the residential lots. Along the 7 adjacent residential lots in Stone Gable, the developer proposes to provide a 6 foot tall die-cast concrete wall, the panels of which would resemble brick or stone on the east side. The idea of using die-cast wall sections was to allow the wall to be constructed without a continuous footer, which would sever the roots to many of the 61 trees to be saved. The portion of the wall adjacent to the Stone Gable storm-water pond and along the southern portion of the site (to the wetland buffer) will be a masonry wall with a continuous footer, The wall 'would be set back 30 feet from the adjacent Stone Gable lots # 1-3 and then taper to the property line adjacent to lot 7. Tree Ordinance/Tree Replacement Assessment: The development plan is vested under the tree regulations that existed prior to adoption of Ordinance No. 2002-08. If the site were cleareut, except for the wetlands, the applicable tree replacement fee would be $104,300 (less replacements) and the arbor permit fee would be $9,730. Two (2) scenarios are contemplated and the associated fees are calculated for each: (I) the developer builds the wall 30 feet from the property line and conveys title of the landscape buffer to the Stone Gable HOA and an easement to the City and (2) the Stone Gable HOA does not accept the landscape buffer and the wall is built along the eastern property boundary. This is described verbally on pages 4-7 of the document and in tabular form in exhibit "e." U:\Docs\ Word\ Villagio_doc ,,' Stone Gable Deceleration Lane: Within 7 years, if either the City or FOOT determines a deceleration lane into Stone Gable is necessary, the applicant will provide anI I foot wide strip of 434 frontage. Such dedication will not jeopardize either or both of the site's curb-cuts or the median cut. The site will not otherwise be affected (e.g. setbacks, buffers, open space) except that the monument sign depicted at the northeast comer of the site may need to be relocated. Detailed Engineering Plans: The development agreement has, as an attachment, the site geometry plan. Detailed paving, drainage, utility, electrical, lighting, and landscape plans have not been supplied and must be provided, consistent with code (or as otherwise specified in the development agreement. The agreement authorizes the City Manager or his designee to determine that the sufficiency of these plan details. Tree Protection: In addition to those required by the City's arbor regulations, this agreement sets forth specific tree protection methods and procedures in Exhibit "0," to ensure the viability of the trees to be saved. Easements: The development agreement provides for certain easements: (I) vehicular and pedestrian cross-access easements to the properties to the east and west (pursuant to Sec. 20-472); (2) a conservation easement over the remaining wetlands and the associated 25 foot wide upland buffer; and (3) a drainage easement over the existing drainage pipe that extends from the Stone Gable storm-water pond, across the applicant's property. EXHmITS Exhibit A is the site plan which you already have. You will need to decide which of the two alternative buffer walls you desire to approve in order to finalize the site plan. Exhibit B is simply the legal description that will be inserted by the attorneys after you approve the fmal site plan. Exhibit C points out the tree credits that are recommended based upon the two alternative locations of the buffer wall Exhibit D sets out tree preservation construction standards that the developer will have to carry out. Imk U:\Docs\ WordWiIlagio,doc