HomeMy WebLinkAbout2010 08 09 Regular 602 Proposed Site Development Permit Agreement wtih Meritage Homes Of Florida, Inc. COMMISSION AGENDA
CONSENT
INFORMATIONA L
ITEM 602 PUBLIC HEARING
REGULAR X
/r
August 9, 2010 MGR /DEPT /
Meeting Authorization
REQUEST: The Public Works Department requests the City Commission review and
consider a proposed Site Development Permit Agreement with Meritage
Homes of Florida, Inc. for mass grading at Sonesta Pointe
SYNOPSIS: Meritage Homes recently purchased the 40 -acre Sonesta Pointe site on North
Tuskawilla Road from Tousa Homes. Meritage is seeking authorization to clear
and mass grade the site in advance of final engineering approval. The City
Commission conditionally approved a revised concept plan for Sonesta Pointe at
the June 14, 2010 Commission meeting, and final engineering is currently under
Staff review.
CONSIDERATIONS:
• Project Chronology:
o August 9, 2004 — Concept Plan approved by City Commission
o September 27, 2004 — Concept Plan Revision #2 approved by City Commission
o August 28, 2006 — Aesthetic Review approved by City Commission
o September 25, 2006 - Site Development Permit Agreement approved by City
Commission
o December 11, 2006 - Final Engineering and Developer's Agreement approved by
City Commission
o May 14, 2007 - Concept Plan Revision #3 approved by City Commission
o April 28, 2008 — Site Development Permit Agreement approved by City Commission
for limited mowing and grubbing of wetland areas
o May 24, 2010 — Site Development Permit Agreement approved by City Commission
for limited mowing and grubbing of wetland areas
o June 14, 2010 — Concept Plan Revision #4 approved by City Commission
• Sonesta Pointe is a Meritage Homes project located on a 40.0 acre site on the east side of
Tuskawilla Road, immediately south of the St. Johns Landing subdivision in the Winter
Springs Town Center.
Date: August 9, 2010
The final Agreement that was signed from the
Approval of this Agenda Item (Regular Agenda
Item "602") as heard at the August 9, 2010 City
Commission Regular Meeting can be found on
LaserFiche under Contracts/Agreements:
Meritage Homes of Florida, Inc. — Winter
Springs Village Mass Grading Development
Permit Agreement.
August 9, 2010
Agenda Item #602
Page 2 of 4
• A revised concept plan was conditionally approved by the City Commission at the June
14, 2010 Commission meeting. This concept plan shows Sonesta Pointe consisting of
255 residential units made up of 60 detached single - family estate homes, 133 bungalow
units, and 60 townhomes.
• Meritage submitted a final engineering package to the City in July 2010 (first submittal).
The Staff review meeting with Meritage is scheduled for August 17, 2010, at which time
Staffs review comments will be discussed. Based on past timelines for similar projects,
the final engineering package could be expected to be complete and submitted to the City
Commission for approval in the October/November 2010 time frame.
• The City Commission approved a Site Development Permit Agreement with Meritage at
the May 24, 2010 meeting. This agreement only allowed limited mowing and grubbing
at the onsite wetland areas to implement conditions set forth in the previously issued U.S.
Army Corps of Engineers Nationwide Permit. Meritage later obtained an extension to the
Nationwide Permit and therefore did not perform any work under the Site Development
Permit Agreement.
• Meritage is now seeking approval for a new Site Development Permit Agreement that
would allow Meritage to clear and mass grade the site in advance of final engineering
approval. Meritage's request is based on their desire to commence construction on the
property as soon as practical, and is not to preserve rights under any expiring permits at
this time.
• The scope of work covered under the proposed Site Development Permit Agreement
consists of clearing and grubbing the entire site excluding 50 -foot wide temporary buffer
areas along the eastern (Tuskawilla Road) and northern (St. John's Landing) property
boundaries. The proposed work would include all onsite excavation, plus importing and
stockpiling of all fill material necessary to complete rough grading of the site.
• Staff has expressed concern to Meritage regarding the possibility of having a site
completely cleared without the timely completion of the development project, similar to
what has recently occurred at Tuscawilla Greens and other incomplete development sites
in the City. Meritage has responded to this concern by offering to provide security
(escrow deposit or letter of credit) in the amount of $140,000 that would be used to
implement a site restoration program in the event that Meritage went into default under
the terms of the Site Development Permit Agreement and failed to restore the property as
outlined in the Agreement (see enclosed Agreement, sections 5.0 and 6.0).
• Meritage will be required to obtain an Arbor Permit for work to be performed under the
Site Development Permit Agreement. In addition to the standard Arbor Permit Fee, the
Agreement requires Meritage to make a contribution to the City's tree bank in the amount
of $39,000 to partially offset the loss of tree canopy value to the City caused by the
removal of existing trees located on the Sonesta Pointe property.
August 9, 2010
Agenda Item #602
Page 3 of 4
• Several design- related issues have been identified by the Commission and /or by Staff as
part of the concept plan review and approval process. These items are summarized below
with the current status noted:
o Issue: Front - loaded garages are required to be located a minimum of 20 -feet
behind the principle plane of the building frontage; the single - family units on the
concept plan only provided 15 -feet.
Status: Meritage has agreed to the 20 -foot minimum and no waiver is required.
o Issue: The orientation of several lots creates a "front- back" problem, with the
front of some estate units facing the back of bungalow units that back up against
the two main retention ponds.
Status: Meritage intends to mitigate this with landscape screening and will be
requesting a waiver from Section 20- 324(2).
o Issue: Several blocks are larger than the size traditionally thought of as a
pedestrian sized block.
Status: Staff has reviewed this with Meritage and is comfortable with the current
block sizes.
o Issue: Some of the single- family estate home lots with front loaded garages are
50 -feet wide and do not meet the 55 -foot minimum width per Section 20- 324(2).
Status: The applicant will be requesting a waiver for this item.
o Issue: Ensure adequate parking for residents and visitors.
Status: Staff is comfortable with the proposed parking plan. The site plan
submitted with the first final engineering submittal (currently under Staff review)
shows a total of 1,212 parking spaces for 255 units, for an overall parking ratio of
4.75 spaces per unit. This parking ratio significantly exceeds that of other
residential developments in Winter Springs, such as Heritage Park, which has a
parking ratio of approximately 2.3 per unit. All units in Sonesta Pointe have two
car garages. Staff's current practice is to reduce garage parking capacity by 50%
for parking calculation purposes, in recognition that many garages are not utilized
to their full parking capacity. For example, a two -car garage would only be
counted as one parking space. At Sonesta Pointe, when this 50% reduction factor
is applied, the two -car garages are considered to be one space each and the total
number of parking spaces is 961, or 3.77 spaces per unit, which is still sufficient.
Of the 961 spaces, there are 208 on- street spaces for visitors. In addition, there is
parking for an additional 52 vehicles on the Neighborhood Lanes, which allow
on- street parking but are not designated parking spaces.
• The St. Johns River Water Management District has issued an Environmental Resource
Permit for Sonesta Pointe, based on the Final Engineering plans that were approved by
August 9, 2010
Agenda Item #602
Page 4 of 4
the City Commission in December 2006 for an all - townhome development. All proposed
wetland impacts have been mitigated.
• City Commission approval of this Site Development Permit does not approve any
deviations from the City Code. Any deviations from the City Code must be documented
and approved as a part of a Developer's Agreement.
• Meritage Homes must obtain all other required permits from both the City and any other
agencies as applicable, prior to commencing work onsite.
FISCAL IMPACT:
No funding is requested as part of this agenda item. Arbor Permit and Site Inspection
Fees will be collected for the work to be performed under the Site Development Permit
Agreement.
COMMUNICATION EFFORTS:
Before any work is performed under the Site Development Permit, the applicant will
notify the surrounding residents in the adjacent subdivision to the north, St. John's Landing.
Staff will update the City Commission on the status of the Sonesta Pointe project as part of the
Community Development Department's Current Planning Project Status Informational Agenda
Item.
RECOMMENDATION:
Staff recommends the City Commission review and consider a Site Development Permit
Agreement with Meritage Homes of Florida, Inc. for mass grading at Sonesta Pointe, subject to
City Attorney review and approval, and authorize the City Manager and City Attorney to
prepare and execute any and all applicable documents.
ATTACHMENTS:
1. Sonesta Pointe Site Development Permit Agreement
MERITAGE TUSKAWILLA SITE DEVELOPMENT PERMIT AGREEMENT
This MERITAGE TUSKAWILLA SITE MASS GRADING DEVELOPMENT
PERMIT AGREEMENT (the "Permit ") is issued by the CITY OF WINTER SPRINGS, a
Florida Municipal Corporation (the "City "), whose address is 1126 East S.R. 434, Winter
Springs, Florida 32708, and agreed to by MERITAGE HOMES of FLORIDA INC., a Florida
corporation ( "Meritage "), whose address is 5337 Millenia Lake Blvd, Suite 160, Orlando,
Florida 32839, on this day of August 2010.
WITNESSETH:
WHEREAS, Meritage is attempting to obtain the necessary permits for a residential
development project within the City of Winter Springs commonly known as the Meritage
Tuskawilla Site (the "Project"); and
WHEREAS, Meritage intends to receive several approvals from the City for the Project
that were either granted conditionally upon the successful negotiation of a development
agreement with the City or that have expired; and
WHEREAS, Meritage received approval from the City of Winter Springs for a modified
concept plan on June 14, 2010; and
WHEREAS, Meritage is the assignee of permits from the St. Johns River Water
Management District (SJRWMD) and U.S. Army Corps of Engineers (ACOE); and
WHEREAS, the approved conceptual plan is compatible with the project clearing and
grubbing and rough grading previously approved by the SJRWMD, Permit Nos. 4- 117- 95697 -1
and 3 and 40 -117- 95697 -2, and ACOE, USACOE NWP -39 (SAJ- 2004 -1 1 066 (NW -EB)); and
WHEREAS, time is of the essence with regard to the start of the Meritage Tuskawilla
Site development and Meritage desires to commence construction activity on the property as
soon as practical; and
WHEREAS, although Meritage has not received final City approval for the proposed
development of the Project, Meritage desires to proceed with mass grading of the project and
implement certain conditions set forth in the "SJRWMD" and "ACOE" Permits ", including the
clearing and grubbing and rough grading of the Project; and
WHEREAS, although the final approvals have not been granted for the development of
the Project, the conditional plans and the site development data and information submitted to the
City to -date are sufficient enough for the City to issue a limited site development permit in order
to allow Meritage to perform preliminary site development in compliance with certain terms and
conditions of the SJRWMD and ACOE Permits and to initiate project development; and
WHEREAS, the previous property owner has made sufficient payment(s) into mitigation
banks and assigned such payments to Meritage for the mitigation of impacts to all wetlands
associated with the property described in Exhibit "A" which are under the permit authority of
SJRWMD and ACOE; and
- 1 -
WHEREAS, SJRWMD and ACOE permits authorize construction to begin once the
mitigation plan is implemented and construction initiation notice is given; and
WHEREAS, in furtherance of these requests, the City desires to permit a limited scope
of site development work under the terms and conditions stated herein and agreed to by
Meritage;
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to the terms and conditions set forth under this Permit as
follows:
1.0 Recitals; Property. The foregoing recitals are true and correct and are hereby
fully incorporated herein by this reference as material terms of this Agreement. The real
property that is subject to this Agreement is legally described in EXHIBIT "A ", which is
attached hereto and fully incorporated herein as this reference.
2.0 Scope of Work. The scope of this Permit is limited to the following Mass
Grading work on the Property (the "Work "):
2.1 Clearing and Grubbing. The clearing and grubbing of the entire site excluding
the temporary undisturbed buffers as depicted in EXHIBIT `B ". Clearing and grubbing shall
include removal of all vegetation as approved pursuant to 2.5 herein, grubbing, and disking the
top 12 inches of topsoil followed by leveling and compacting each area. All cleared and grubbed
materials shall be removed from the area.
2.2 Rough Grading. The rough grading of the site shall include all on -site
excavation, repositioning such on -site excavation as fill material on -site, importation of borrow
material in sufficient quantity to accomplish the rough grading of the site as approved by the City
Conceptual Approval dated June 14, 2010, and the Grading Plan as depicted on EXHIBIT "B ".
Rough grading shall also be compliant with the SJRWMD Permit Nos. 4- 117 - 95697 -1 and 3 and
40 -1 17- 95697 -2.
The Work shall be performed and completed within twelve (12) months after the
Effective Date of this Permit (as hereinafter described); in accordance with all applicable local,
state, and federal laws, regulations, and permits, and shall be subject to force majeure.
Completion of work shall consist of certification by the engineer of record and acceptance by the
City Manager, which acceptance will not be unreasonably withheld, that the work complies with
the terms and conditions of the Permit. The completion date may be reasonably extended by the
City Manager upon good cause shown. Any site development work not specifically authorized
hereunder is hereby strictly prohibited. Meritage shall be required to obtain such other City
permits as are required to implement the Work, if any, and said twelve (12) month period shall
be extended for such period of time as commencement of the Work may be delayed by the City
in reviewing and issuing such other City permits. During the term of this Permit, the City and its
agents shall have the unconditional right of entry onto the Property to conduct inspections to
determine compliance with the terms and conditions of this Permit.
-2-
2.3 Miscellaneous. Other miscellaneous project infrastructure including, but not
limited to, stormwater pond outfalls, grassing and mulching of the filled areas, erosion control
devices, etc., may be installed as depicted on EXHIBIT "B ".
2.4 Undisturbed Buffer Areas. A fifty (50) foot wide temporary undisturbed buffer,
as depicted on EXHIBIT "B ", shall be preserved along Tuskawilla Road and along the
boundary of the project that is adjacent to the St. Johns Landing subdivision. This buffer will
remain until the Final Engineering plans are approved by the City Commission.
2.5 Tree Removal and Protection. All clearing shall conform to the Code of
Ordinances, City of Winter Springs, Florida, Part II, Chapter 5, Tree Protection and Preservation.
The standard Arbor Permit Fee as per Chapter 5 is required to be paid by Meritage. In addition
to the standard Arbor Permit Fee, Meritage shall make a contribution to the CITY'S tree bank in
the amount of THIRTY -NINE THOUSAND AND NO /100 DOLLARS ($39,000.00) to partially
offset the loss of tree canopy value to the CITY caused by the removal of existing trees located
on the Meritage Tuskawilla property. Said contribution shall be used to purchase and install
trees and landscape material within the Town Center. No additional funds for specimen trees
shall be required at issuance of an early work permit or site development permit, whichever
occurs first.
3.0 Conditions Precedent to Commence of Work. Prior to commencing the Work,
the following documents shall be submitted by Meritage to the City, in a form acceptable to the
City:
3.1 Construction Vehicle Routing Plan. A written construction vehicle routing plan,
which shall be designed to provide for a safe and convenient route for construction vehicles and
equipment to go to and from the Property, including the safe passage of vehicles on, over and
across the designated trail crossings. The preliminary location for a temporary 24 foot
construction access roadway and an alternative are shown on EXHIBIT "C ". Said plan is
subject to reasonable modification by the City Manager in order to safeguard persons and
property. Mertiage is responsible for obtaining legal access to the Property where no City right -
of -way exists.
3.2 Other Government Agency Permits. A copy of any and all required unexpired
permits issued by any other government agencies, including, but not limited to, Seminole
County, the SJRWMD, FDOT and the ACOE.
3.3 Engineer Certifications. A written certification from the project engineer and /or
other applicable consultant certifying that the Work to be performed is in compliance with
applicable environmental laws and permits, including, but not limited to, laws applicable to
endangered or threatened species, artesian water wells, wetlands, hazardous materials, and
historical artifacts.
This Permit shall not become effective until such time as the City receives and approves
the documents required by this section.
- 3 -
4.0 Permit Fee. Upon the Effective Date of this Permit, Meritage shall pay the City's
standard construction inspection fee equal to one percent (1 %) of the estimated construction
value of the Work.
5.0 Default; Restoration of Property. The City reserves the right to revoke or
suspend this Permit if the City determines that Meritage is not in compliance with the terms and
conditions of this Permit. Prior to revoking or suspending the Permit, the City will provide
Meritage with written notice identifying any default of the Permit terms and conditions. Upon
receipt of the notice of default, Meritage shall have fifteen (15) business days to cure the default
to the City's reasonable satisfaction unless additional time is granted by the City Manager or
unless less time is provided by the City Manager because exigent circumstances warrant an
immediate or more expedient cure in order to protect the public, health, safety and welfare;
provided, however, that if such default cannot be reasonably cured within such period, Meritage
shall have such additional time as is needed to cure such default so long as Meritage has
commenced such cure within such period and thereafter diligently pursues such cure. If
Meritage fails to cure the default within the time prescribed herein, and both parties fail to come
to an otherwise equitable solution, the City shall have the right to revoke or suspend this Permit
without further notice. If the City revokes the Permit, Meritage shall immediately work to secure
and stabilize the disturbed portions of the Property in accordance with the Restoration Program,
attached hereto as Exhibit D, within sixty (60) days of date of revocation or suspension.
6.0 Security. The City acknowledges and agrees that it presently is in possession of a
performance bond, irrevocable letter of credit, or escrow deposit, ( "Security A "), in the amount
of Twenty -Five Thousand and no /100 Dollars ($25,000.00) as security, that: (i) the Work is
performed and completed in full compliance with the terms and conditions of this Permit; (ii)
repairs are made to any public infrastructure that is damaged as a result of Meritage's work under
the terms and conditions of this Permit, (iii) the undisturbed buffers remain to visually screen the
disturbed portions of the property from Tuskawilla Road and St. Johns Landing subdivision and
(iv) the disturbed lands are adequately stabilized in accordance with local, state and federal
NPDES regulations. In addition to Security A, Meritage will post a Letter of Credit (LOC) in the
amount of One Hundred Fifteen Thousand and No /100 Dollars ($115,000.00), ( "Security B, as a
supplemental security to Security A. Security A and Security B (collectively the "Security ")
shall be released by the City upon the earlier to occur of (i) recording of Final Plat or (ii)
completion of the Restoration Program identified in Exhibit D.
7.0 Indemnity, Release, Hold Harmless. Meritage hereby agrees to indemnify,
release, and hold harmless the City and its commissioners, employees and attorneys from and
against all claims, losses, damages, personal injuries (including, but not limited to, death), or
liability (including reasonable attorney's fees and costs through all appellate proceedings),
directly or indirectly arising from, out of, or caused by: (1) the risk identified in Section 8.0 of
this Permit; and (2) any work performed under this Permit, including, but not limited to, any and
all acts and omissions of Meritage and its contractors.
8.0 Representation and Warranties. Meritage represents and warrants that the
Work is being performed with the knowledge and understanding that said Work is being done
prior to final engineering approval by the City and that final engineering approval may be denied
by the City or result in additional site development not contemplated by this Permit, or that any
-4-
conditional permit approvals may expire. Meritage agrees that it is assuming the full and
complete risk that final engineering may be denied by the City, or that additional site
development work may be required that might include modification of the Work. In addition,
Meritage hereby represents and warrants that this Agreement, once executed, is a binding
obligation on Meritage and that the undersigned has the authority to execute this Agreement on
Meritage's behalf.
9.0 No City Representation and Warranties. Meritage acknowledges and agrees
that, although this Permit indicates that the City is considering final engineering approval for the
Property and that Meritage and the City have not come to terms on a development agreement, the
City in no way represents or warrants that the City has approved or will approve said plans or
development agreement.
10.0 Prior Consent Required for Transfer of Permit. This permit is not transferable
or assignable with the prior consent of the City Commission.
11.0 Applicable Law. This Permit shall be governed by and constructed in
accordance with the laws of the State of Florida.
12.0 Amendments. This Permit shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
13.0 Entire Permit Agreement. This Permit supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Meritage, as to the specific work
authorized under Section 2.0 of this Permit.
14.0 Severability. If any provision of this Permit shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the City has the unconditional
right to declare this Permit null and void and require that the Work be stopped immediately.
15.0 Effective Date. This Permit shall become effective upon approval by the City
Commission, execution of this Permit by all parties hereto, and the completion of the conditions
precedent set forth in Section 3.0 of this Permit ( "Effective Date ").
16.0 Relationship of the Parties. The relationship of the parties to this Permit is
contractual and Meritage is 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 that would indicate
any such relationship with the other.
17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on the City's
potential liability under state of federal law. This paragraph shall survive termination of this
Agreement.
18.0 City's Police Power. Meritage acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law, particularly with respect to whether or not
-5-
the City Commission will approve the final engineering plans for the Property. In no way shall
this Permit be construed as the City bargaining away or surrendering it police powers.
19.0 Third -Party Rights. This Permit is not a third -party beneficiary contract and
shall not, in any way whatsoever, create any rights on behalf of any third party.
20.0 Attorney's Fees. Should either party take any action to enforce this Permit, then
the prevailing party shall have the right to collect reasonable prevailing party attorney's fees and
costs, through all appellate proceedings, in connection with said enforcement.
21.0 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
Permit. The failure of this Permit to address any particular City, County, State and /or Federal
permit, condition, term of restriction, shall not relieve Meritage of the necessity of complying
therewith to the extent applicable.
[SIGNATURE BLOCKS BEGIN ON NEXT PAGE]
-6-
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on
the date first above written.
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida, only.
(CITY SEAL)
Date:
By:
Anthony Garganese, City Attorney
for the City of Winter Springs, FL
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, John F. Bush, well known to
me to be the Mayor of the City of Winter Springs, Florida, and acknowledged before me that he
executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and
deed, and that they were duly authorized to do so.
Witness my hand and official seal this day of 2010.
(NOTARY SEAL)
Notary Public Signature
Print Name
Commission No.:
My Commission Expires:
-7-
Signed, sealed and delivered in the MERITAGE HOMES OF FLORIDA,
INC., a Florida corporation
By:
Signature of Witness Fred Vandercook , Division President
Date:
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of ,
2010, by Fred Vandercook, Division President of Meritage Homes of Florida, Inc., a Florida
corporation. He is personally known to me or has produced as identification.
Witness my hand and official seal this day of 2010.
(NOTARY SEAL)
Notary Public Signature
Print Name
Commission No.:
My Commission Expires:
- 8 -
EXHIBIT A
LEGAL DESCRIPTION: AS PROVIDED BY FIRST AMERICAN TITLE INSURANCE COMPANY
A PORTION OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHIP 21
SOUTH, RANGE 31 EAST, WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31 ST. JOHNS LANDING AS RECORDED IN
PLAT BOOK 53, PAGES 45 THROUGH 49, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID
POINT BEING ON THE EASTERLY RIGHT OF WAY OF TUSKAWILLA ROAD (A.K.A BRANTLEY AVE.) AS
RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID PUBLIC RECORDS; THENCE NORTH
59 °31'30" WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 A
DISTANCE OF 15.00 FEET; THENCE SOUTH RUN 30 °06'01" WEST A DISTANCE OF 40.00 FEET TO THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THE SAME BEING THE NORTHWESTERLY MOST
CORNER OF A PARCEL OF LAND OWNED BY THE STATE OF FLORIDA AS DESCRIBED IN OFFICIAL
RECORDS BOOK 3988, PAGES 1078 THROUGH 1094 OF SAID PUBLIC RECORDS; THENCE ALONG A LINE
COMMON TO SAID STATE OF FLORIDA THE FOLLOWING NINE COURSES: SOUTH 59 °31'30" EAST A
DISTANCE OF 1132.50 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST
HAVING A DELTA ANGLE OF 60 °36'00" AND A RADIUS OF 150.00; THENCE ALONG THE ARC OF SAID CURVE
A DISTANCE OF 158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °04'30" WEST A DISTANCE
OF 146.91 FEET; THENCE SOUTH 24 °59'49" WEST A DISTANCE OF 318.72 FEET; THENCE SOUTH 00 °00'08"
EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH 36 °55'13" EAST A DISTANCE OF 217.54 FEET; THENCE
SOUTH 15 °19'45" EAST A DISTANCE OF 140.49 FEET; THENCE SOUTH 02 °23'08" WEST A DISTANCE OF
556.34 FEET; THENCE SOUTH 07 °25'23" WEST A DISTANCE OF 240.00 FEET; THENCE DEPARTING SAID
COMMON LINE NORTH 59 °16'52" WEST A DISTANCE OF 926.50 FEET; THENCE NORTH 10 °02'30" EAST A
DISTANCE OF 144.06 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE CONCAVE
WESTERLY HAVING A DELTA ANGLE OF 70 °00'29" AND A RADIUS OF 1060.00 FEET; THENCE ALONG THE
ARC OF SAID CURVE HAVING A CHORD BEARING OF NORTH 24 °54'14" WEST AND A CHORD DISTANCE OF
1216.11 FEET FOR A DISTANCE OF 1295.18 FEET TO THE TERMINUS OF SAID CURVE; THENCE NORTH
59 °53'59" WEST A DISTANCE OF 99.85 FEET TO THE RIGHT OF WAY OF SAID TUSKAWILLA ROAD; THENCE
ALONG SAID RIGHT OF WAY NORTH 30 °06'01" EAST A DISTANCE OF 685.00 FEET TO THE POINT OF
BEGINNING.
AND
A PORTION OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHIP 21
SOUTH, RANGE 31 EAST, WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31 ST. JOHNS LANDING AS RECORDED IN
PLAT BOOK 53, PAGES 45 THROUGH 49, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID
POINT BEING ON THE EASTERLY RIGHT OF WAY OF TUSKAWILLA ROAD (A.K.A. BRANTLEY AVE.) AS
RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829, OF SAID PUBLIC RECORDS; THENCE NORTH
59 °31'30" WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 A
DISTANCE OF 15.00 FEET; THENCE ALONG THE EASTERLY RIGHT OF WAY OF TUSKAWILLA ROAD (A.K.A.
BRANTLEY ROAD) PER OFFICIAL RECORDS BOOK 3225, PAGE 1829, SOUTH 30 °06'01" WEST A DISTANCE
OF 725.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE DEPARTING
SAID RIGHT OF WAY SOUTH 59 °53'59" EAST A DISTANCE OF 99.85 FEET TO THE POINT OF CURVATURE OF
NON - TANGENT CURVE CONCAVE WESTERLY HAVING A DELTA ANGLE OF 70 °00'29 ", A RADIUS OF 1060.00,
A CHORD BEARING OF SOUTH 24 °54'14" EAST AND A CHORD DISTANCE OF 1216.11 FEET FOR AN ARC
DISTANCE OF 1295.18 FEET TO THE TERMINUS OF SAID CURVE; THENCE SOUTH 10 °02'30" WEST A
DISTANCE OF 144.06 FEET; THENCE NORTH 59 °16'52" WEST A DISTANCE OF 51.30 FEET; THENCE NORTH
10 °02'30" EAST A DISTANCE OF 125.98 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE
CONCAVE WESTERLY HAVING A DELTA ANGLE OF 70 °00'29 ", A RADIUS OF 1012.00 FEET, A CHORD
BEARING OF NORTH 24 °54'14" WEST AND CHORD DISTANCE OF 1161.04 FEET FOR AN ARC DISTANCE OF
1236.53 FEET TO THE TERMINUS OF SAID CURVE; THENCE NORTH 59 °53'59" WEST A DISTANCE OF 99.85
FEET TO THE AFOREMENTIONED EASTERLY RIGHT OF WAY; THENCE NORTH 30 °06'01" EAST A DISTANCE
OF 48.00 FEET TO THE POINT OF BEGINNING.
-9-
EXHIBIT B
- 10 -
D
� � 1� : 7
— -- - -- D % \I, ; % I ! 1 1 j i . 1 / ; ,,„-,,, ,---, gym �� 1 s 1 1 to
. 7 .., : 4 u - '''. %" ---7' "., / ' \ , iii? .'. . ' -. ;` ' - -;;.-- a " AI 1 / , I cl.. 1 Cf
i i :w`.. � 1 I j I i I ,, ,' ;' `>� ..,» : r . : 4 "" p '
CO
Ati i \ s, ..e.: . „e ' -e..„-, ft i 1 * 17; . „„,_.„.„-, .... ' ' „4e. - - , e '`//, 'ye A / / ..-e /
/ if ' ' / , - - 0-5: , , t r`:- —.. 1 -- :174:1, l x v c ' , '.
,* ■ 1#1 : ' '' Jfi ."---/,,,.,, 1.i,:aly gra.V.-Vet "*.. - .-!':::,,,, 4.< ' "1 ".' ::' I ®� i . ; T �s r! I Po ♦ GRAPHIC SCALE Z
s ,7,1%.44t,, as P " - .T a ! r it
' ' �e7 s -..,` .' e 1 1 I ' 1 ' . 1 ' I ' i1 I I I / 1 - "'�., ,� / E
I II
mr
4 ,-/.„„ 1 , .; :A' filit: 1-11 - , • ' ' 44,4, f 1 , 11,040 „I'll - . ' , N, 0 '-i NIN, \ ,' pv:4 c.„4-14f1-4 i ' f'fflit t/ .- Ift s la 1
� f �tro ♦ `` d , /t / s 1 „fik,:::,,i:-_-:,,,,,,,,,t6.--i--n"--- /- , \ # 1, 0 1 -, 'P'kil elF , 1 i". ',:” IP i e 1 j �, i , " " .7 a , k ` / , A I ' ' 1 A / 1 1 a, ' I B ;' —"!, 1 /$ I . ; ' :. m „, ,.,,--, -1 „,-.:-. \ 2 , tot k il i filYN te '' / 1'. alt ,
�,,� ,fi ? a;. `•' ✓ ' ♦ -.:, s , }
m
$ :fr? r; ! : r ° ♦ f ' ' 1 °RJ ` � �► CROSS SEMINOLE TRAIL
�� s 1® d i % I I N 1y U 2
CA
, yam - 6�� a , ,,r ~ z , ; / ' 00: / .
e
i C I° ' 3 \4F R a`, s�d4/. o
j p op
p :'<g
50' j-30" SILT FENCE GENERAL NOTES: N
TUSKAWILJA ROAD w
UNDISTURBED " STATE TRAIL R/W ILT FENCE 1. Rough graded site shal3 be grassed and mulched or sodded in accordance will City of d
p BUFFER Winter Sprir ;es Land Development Cede. All final stormwater pond side slopes shall be ;c
ROUGH FINISHED GRADE sodded. Q V
1 P z]
.V.---EXISTING , ROUGH FINISHED GRADE 2. Elevations and Contours shown are final site grades. Q �'
GRADE ponds. Z 1 i
3. Rough grading shall vary slightly from final grading to direct all surface flow to '6
SECTION A —A EXISTING GRADE stormwater Q °
0
30" SILT FENCE SECTION D —D Z
TUSK�WI�ROAD 50' 4. The entire site, excluding temporary buffers shall be cleared and grubbed in accordance U I-
SUPPLEMENTAL with the City of Winter Springs Land Development Code.
PLAN TED 30 "SILT FENCES ADJACENT PROPERTY
e BUF ROUGH FINISHED GRADE ..---,...c., 5. fiiq a
a
— — v 1. 7 PC l iru nwigj - ti=n (RAnF P the Top 'Stock soil Piled and ll Area materal " shown stock on piled this for drawi The uent stock construction piled material sall be shall stok extend piled no in
more ime than n 5) h fin ga the 5 L°
ISTING GRADE md vicinity fifteen of (1 the feet stock above pile . Stock pile ished rough shall be r grassed de elevation and muof lchede sit in the
. unik c•rr_•.rc•
SECTION B B EXISTING GRADE
UNMAN ": r"
SECTION E E 5. C onstruction access shah be via a temporary acceon SR CHLCKti] r HI
Shown in Exhibit " C " _ Spe cifically ail imported fill mat er route al shcall nect uli ize ng the to temporary
as
ST. JOHNS' ISIONDING STRRAAIL 30 SILT FENCE con s t ruc ti on rou unless authorized otherwise by th Cit E ngineer_ ursr_r ue : Hi TE
50' r 30 "SILT FENCE MICHAEL BLAKE t OF t
R/W JNDISTURBED 7. The Supplemental Planted Buff lemented n s
BUFFER ROUGH FINISHED GRADE Q of completion oft all rough gradi ng Area or ceasing Plan of shall Slte be Development within Work. The thirty plan (30) days
l
o -y� tto���/ ROUGH FINISHED GRADE consist ow Sabal palms, k, k, n w
— _ — ' addition of the buffer foll spe cies species: consisting of W alters viburnum oa , longle Live oa pine ; dahoon Pond holly ith
,
EXISTING GRADE `-- EXISTING GRADE southern red cedar, and red maple. The sizes of the containers will vary from three
SECTION C—C gallon to thirty gallon depe nding on type and avaiability. Final design will be agreed to
SECTION F F with th e City Arbonst prior to installation. SEAL
EXHIBIT C
- 11 -
t.
1 ,.......-
0
z
. ,
1 0
I 1
E
, 1
I 4 >-
i 0
1
■ . .
, <
, 0
• .
0
• ,, z
. - - - -
t , .
, 1
„.................. • ••••• • • .....• • ........ ...Th ........teolijiwp.)....
•:r
f #
•
01110.1110 111210.11
Cn
, "A ,...,. ..‘„•••• ,
T 1. T T 1
i cn
. ' b
'(. 0!, •
0
i
?...) a
. z
A
°
e
l' /
ro
.
•/
x R
Lu ,_
._
/, ...
. _
AA E WAGE SITE •
E
/ \_ .
. .,
(.)
.. .
R. .. I
/
,
, i
.. • 61 A' ' .. ',10: • /*
• ,
, ' •-:. . .,,,,,br* -
'• ' ,
11.1
4, . . ...,.... • 0. ...'• '
7
••• •.' ...... "
• ';'......
.
•
../. • •
1--
'kilt' - .
r ,I• NIL'
• .
.1§ .
Z 8
41 • • • •
is 4' - ' -
1, II . ;1;4 ...,.
_ .., / /
,,- ,.•
/ / •, N ..... ..
•,. /- • 2 -
•
,..., A .,.
...,„ ...4.,
i. fy '''_i■ . //
•oe ..,,,,,
,... 1
/ , • .•
a.. • 7
// -. 4 -.. '‘..... o .•
,
%...144,,,./ . • Z .\. • ... " ' s '.
/ ...
t e ;••••• .
' •
...I, . / tr • -... ■ 4•,..4
4/ •
re 0 1
%. ** , 'I' •
( 1 * \ \ •„., -F
.• . •
1"• I" ;i
' ..
40 L .4 • -..".1 4190,
• l ,
, .....
. . .
le 41
„,'
-4 •1 '
.. . .
.A 4/ ••'
e ,
• • .
•
•. •
ar
'
• • . ,
N . , ......,
- 4.
".......,......... 0.. a
. O \ 11 k,,,,. , , ,,e •
. . _
..
I f CC Vt
n_ W • I
• W
$
z 21-
. , ticv . 1/ . ..'''''''' •V'
< (.1 ...
e .
--- • .. /lc
1 49 ell - 1.
. • . -..
< E
,- • -.41. '
r ',. •••‘•
tot
• ' / ' 10 0 0, ,,,,,../ . ., •„*. 6, rs ,,, •
' `,”` • • ' at- i?..
•.- —
,.. ,......„.
., 41..
. — ...,,,.
c.) ,,, .........., ...
I
. .
•
' Al ./ /
' ... - .,,,,, .
. ' • I • , C 4 •
-..- •
O / - . ''' ..'-' ' IL - - ' - ,'- '. •
•(
1 - • i " 4 **', ''. N. -"..-..„'• • . * -. ,,,e. . -, 1 1.- -.
" Z14 ... • % - ' ' ' '■ '' ,.... ' 1 3. ' . 7 7*- • — t . • '.." - , • 4.. 417 , '
' 1 A ••. ' ' • ..1 . • , ..: ..C. ' . il■ i . ■ i,." -- ' • c .,
f .?' •- - , . : , „ / • . . •49--- .
, . •,_
. •I ' ' ..* ' ' - - •-,,,- - ----.-- ,..
1 • 1: .• - ; ,•„* ,:.. . • ,/. ''' , ''. *Ilk
.. , 111,, • ,
SCALA:
DAIL: . '' • .700
0 IbIr0
'''. . . . " - ' • • ',' , ' "4 I 4
.. . ..r, .
.. : ,,„, ..„.... _ ..„ ...:. ._.... ..., . ,., ..
....._. .
DKANN lin
CrILCAL.0 PI NA
MI
• '. ---
A , . ' • , .._O
••• ' ' f .-- '
ULSKAL D en XI
. , ■ ,,,,' i A .. • -ti . . ,
,
1 OF 1
. '''. ' ' v . ',, . / ...•:' •-
- , ' . ,•,•( ,.,:? ',,.,. ,
..,,
it
- "••• - i r 1" 1 ••••..........4 i
t : ) . ' . ''' \ .. • . •
:-..-4111111111.111111141111111111111111.111-
.- ../. ' • . .-
*- • itlp ' z :(.2 ,,„ :,
P V
..
.,
1 .1. le rab l. . / - • . . . . ,_ . 1
. e
• o
., ,.
.1 1
4. . , • . . '•.. 4L \J■1
1 \ . ' • 4
SEAL
EXHIBIT D
MERITAGE SITE
RESTORATION PROGRAM
SCOPE OF WORK
• Regrade site to eliminate unusually high stockpiles, to eliminate unsafe
conditions, and to prepare for grassing and mulching. Remaining stockpiles shall
be a maximum of ten (10) feet above the existing ground elevation at the toe of
slope of the stock pile. Regraded site shall be in condition to be maintained by
mowing with conventional equipment.
• Grass and mulch all disturbed areas
• Implement Supplemental Planting Plan, if necessary and in accordance with
Exhibit B, to minimize direct view of disturbed portions of the property as
observed from Tuskawilla Road and the St. Johns Landing subdivision.
• Maintain silt fences during grow in
• Regrade temporary access road
• Repair Seminole Trail
- 12 -