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2014 03 10 Consent 300 Southern Oaks Pond COMMISSION AGENDA     Informational Consent X ITEM300 Public Hearings Regular       March 10, 2014KSKL Regular MeetingCity ManagerDepartment         REQUEST: The Public Works Department requesting City Commission conditional approval to allow a portion of the stormwater retention facilities for the proposed Southern Oaks single-family subdivision to be located on the adjacent City-owned property used for the Solary Canal Regional Stormwater Treatment Area.   SYNOPSIS: Southern Oaks is a proposed single-family residential subdivision by Taylor Morrison located west of DeLeon Street on the north side of SR 434.  The Southern Oaks property immediately abuts City-owned property to the north at the Solary Canal Regional Stormwater Treatment Area.  Taylor Morrison has requested City permission to use approximately 2-acres of the unimproved adjacent City property for stormwater retention facilities that would serve Southern Oaks.  This agenda item provides the recommended terms and conditions under which the City property could be used for this purpose.  CONSIDERATIONS: Southern Oaks is a proposed single-family residential subdivision by Taylor Morrison  consisting of approximately 96 units located partially in the City of Winter Springs and partially in the City of Oviedo.  Of the 96 total units proposed, 53 will be constructed in the City of Winter Springs with a minimum lot size of 8,000 square feet.   At the September 9, 2013 City Commission meeting, the Commission approved a  Preliminary Subdivision Plan for Southern Oaks.  At that time, the applicant was American Land Investment of Weaver, LLC.  The property has subsequently been Consent 300 PAGE 1 OF 4 - March 10, 2014 sold to a new developer, Taylor Morrison Florida, Inc., who is now proceeding with preparation of the final design documents.    The preliminary design included one stormwater retention pond centrally located  within the subdivision.  After reviewing the site grading and stormwater system design in more detail, Taylor Morrison's design engineer recommended providing a second stormwater pond near the lowest portion of the property at the northern end.  The northern end of the property immediately abuts the City-owned property used for the Solary Canal Regional Stormwater Treatment Area (See Exhibit A).   Taylor Morrison requested to locate the northern stormwater retention pond on the  City property, as depicted in Exhibit B.  The proposed encroachment onto City property covers an area of approximately two acres located between the northern- most lots in Southern Oaks and the banks of the City's Solary Canal Pond.  The proposed encroachment would be a dry retention pond having a depth of approximately 4-feet below existing grade.  The Southern Oaks dry pond would be a separate facility that is adjacent to the Solary Canal Regional Stormwater Treatment Pond.  The Southern Oaks dry pond would be shaped to avoid impacting several large specimen trees on the City property and to preserve the 40-foot wide buffer area created along the east and west sides of the Solary Canal site.  Southern Oaks would still have a pond centrally located within the subdivision that will receive stormwater runoff from the southern portion of the subdivision.   Staff reviewed Taylor Morrison's request and identified the following conditions to be  met in order to potentially allow the proposed encroachment: 1.Approval from the St. Johns River Water Management District (SJRWMD), based on a provision in the Quit Claim Deed from the transfer of the property from SJRWMD to the City in 2010 that requires the property to be primarily used for stormwater management and water quality improvement. 2.Verification of a valid public purpose for usage of the City property 3.Consultation with the adjacent property owners and reasonable accommodation of any comments or concerns 4.Compensation to the City for usage of City property   The above-listed conditions have all been met as described below.  1.SJRWMD has approved the proposed use of the property as meeting the "primary use" as a stormwater management facility. 2.To establish a valid public purpose and to further satisfy condition #1, it has been agreed that the proposed dry retention pond will be sized to provide a stormwater treatment capacity meeting the minimum criteria for Outstanding Florida Waters (OFW).  OFW criteria exceeds the minimum design criteria by 50% and provides a significantly reduced pollutant outflow to Lake Jesup.  3.Taylor Morrison's design engineer has met with several of the Barrington Estates homeowners living adjacent to the proposed dry retention pond.  Primary concerns raised by the homeowners were the grades of the adjacent lots in Southern Oaks, preservation of buffer areas, and stormwater runoff.  These concerns have been addressed by: 1) lowering the finished grade of the abutting lots in Southern Oaks; 2) preserving the 40-foot buffer area on the City property; and 3) collecting all Southern Oaks stormwater runoff and routing it to the Southern Oaks stormwater facilities. 4.As compensation for usage of the City property, Taylor Morrison has agreed to Consent 300 PAGE 2 OF 4 - March 10, 2014 a one time payment to the City in the amount of $125,000, which is to be paid prior to any site clearing or construction within the drainage basin draining to the proposed pond.  This amount was calculated based on the original purchase price per acre when the property was acquired by SJRWMD for the Solary Canal Regional Stormwater Treatment Area.   If approved by the City Commission, the proposed dry retention pond will be placed  in a drainage easement dedicated to the Southern Oaks HOA for maintenance of the private subdivision's stormwater pond and related facilities.  The Southern Oaks pond will be fenced such that the Solary Canal site remains secured and inaccessible from Southern Oaks.   All terms and conditions of the proposed usage of the City property will be  incorporated into a Developer's Agreement to be submitted for City Commission approval at a future meeting in conjunction with the final engineering plans. FISCAL IMPACT: As compensation for usage of the City property, Taylor Morrison has agreed to a one time payment to the City in the amount of $125,000, which is to be paid prior to any site clearing or construction within the drainage basin draining to the proposed pond. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   RECOMMENDATION: Staff recommends the City Commission approve Taylor Morrison's proposed usage of City property for a dry retention pond, subject to: 1.The pond must meet OFW stormwater treatment criteria with approval by SJRWMD; 2.Payment to the City in the amount of $125,000 prior to any site clearing or construction within the drainage basin draining to the proposed pond; and 3.Incorporating all terms and conditions in a Developer's Agreement to be reviewed and approved by the City Attorney and City Commission     Consent 300 PAGE 3 OF 4 - March 10, 2014     ATTACHMENTS: 1.Exhibit A - Location Map (1 page) 2.Exhibit B - Proposed Southern Oaks Dry Pond (1 page) 3.Exhibit C - Previously Approved Preliminary Site Plan (1 page) Consent 300 PAGE 4 OF 4 - March 10, 2014