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HomeMy WebLinkAboutLeffler Company Development Agreement -1996 01 23 DEVELOPMENT AGREEMENT This Agreement, entered into between the City of Winter Springs, Florida (hereinafter sometimes referred to as the "City") and Leffler Company (hereinafter sometimes referred to as the "Owner"). WHEREAS Owner has property located on the south side of State Road 434 within the City Limits of the City of Winter Springs and which is described on Exhibit "A" attached hereto and by this reference incorporated herein, and WHEREAS, Owner has filed an application with the City which revises and supersedes the current Future Land Use Map and Comprehensive Land Use Plan designation from Commercial to Mixed Use for said property, and WHEREAS, Owner shall file an application with the City which revises and supersedes the current Zoning designation from Rural Urban (R-U) to Planned Unit Development (PUD), and WHEREAS, the Owner is desirous of developing the property, or entering into an agreement with a third party (hereinafter sometimes referred to as the "Developer"), to develop the Property. WHEREAS, the First Reading of Ordinance d.,a ~ was held on September 9, 1996 and the Second Reading and Public Hearing for Ordinance ~ ~ was held on September 23, 1996. NOW THEREFORE, it is hereby ORDERED AND RESOLVED by the City Commission of the City of Winter Springs, Florida, that the property referred to as the LEFFLER PROPERTY (hereinafter sometimes referred to as "Property"), be designated on the Future Land Use Map and in the Comprehensive Land Use Plan as Mixed Use subject to the following terms and conditions: I. LEGAL DESCRIPTION: See Exhibit "A" II. FINDING OF FACTS: The property consists of the following: Total Acrea2e: :1:8.1 Acres Land Use: The property may be developed as a residential community with non-residential uses described herein. III. CITY OF WINTER SPRINGS CONDITIONS OF APPROVAL: 1. Comprehensive Land Use Plan Amendment / Effective Date The effective date of this Development Agreement shall be the date on which the Comprehensive Land Use Amendment is approved consistent with uses described in Section III(2) of this Development Agreement. The Development Agreement shall be recorded with the County Clerk of Seminole County within ten (10) days after execution by the Mayor of the City of Winter Springs. 2. Development of the Property The Property shall be developed as a residential community as described in the City of Winter Springs Code of Ordinances, effective April 24, 1989, Division 3, Part B, Planned Unit Development with non-residential land uses as described in the City of Winter Springs Code of Ordinances, effective April 24, 1989, Division 7. C-l Neighborhood Commercial Districts, Section 20.232, Uses Permitted. Specifically, the westerly 95.07 feet of the northern 200.00 feet will be developed as non-residential consistent with the C-l permitted uses with the balance developed as residential as shown on Exhibit "B", attached hereto. In the event the Property is developed in combination with contiguous properties, the resulting community will be developed in a fashion which coordinates services, access and stormwater management systems to the greatest extent possible. 3 . Wetlands Any existing wetlands or other areas which fall within the jurisdiction of the Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District (SJRWMD), or the US Army Corps of Engineers (ACOE) shall be subject to the applicable rules and regulations of those respective agencies. 4. Fire and Police Public Safety Facilities Impact Fees Applicants for building permits within the Property shall comply with the City of Winter Springs Impact Fee Ordinances, as they may from time to time be amended, imposing impact fees for fire and police public safety facilities. 5. Transportation a) Applicants for building permits within the Property shall comply with the City of Winter Springs Road Impact Fee Ordinance, as it may from time to time be amended, imposing impact fees for transportation improvements. b) The City shall aggressively assist Owner with obtaining approval from Florida Department of Transportation (FDOT) for a full median opening at the northwest comer of the Property. The costs for permitting and construction are to be borne by the Developer. c) The cost of all street signs and traffic control signs and devices located within the Property, shall be borne by the Owner or Developer. d) The Owner or Developer of the Property shall install a six (6) foot split face concrete wall on the north side of the property, specifically along the State Road 434 right of way adjacent the residential portion of the Property and separating the commercial site from the residential portion of the property (on the north side of the property). 6. Building Restrictions a) Residential Areas: 1. Minimum lot size of residential sites within the Property shall be 50' X 110'. 2. Building setbacks shall be: Front: Side: Rear: Side Street: 20 Feet 5 Feet 20 Feet 15 Feet 3. Maximum residential impervious surface ratio per lot for principal and accessory buildings shall be 60%. 4. Maximum residential building height shall be 2 stories (maximum 35 feet). 5. Minimum residential floor area shall be 1,200 square feet. (If a 2 story residence is built, the first floor shall not be less than 900 square feet.) b) Non-residential Area 1. Non-residential areas shall be limited to those uses permitted in the C-l zoning designation. Setbacks, floor area ratios, and other development standards will be addressed at the time of Preliminary Engineering/Final Development Plan approval. 2. Parking spaces for non-residential area shall be 10' x 20' unless otherwise approved in the City's State Road 434 Corridor LDRs. Handicap spaces shall be provided per State guidelines. 3. Non-residential areas will be planned and phased to provide for safe pedestrian access from adjacent properties. 4. Impervious coverage shall not exceed 70% for principal and accessory buildings and parking on non-residential parcels. 5. Non-residential building height limitation shall be 35'. 7. Open Space a) Open space will be provided at a minimum of 20% of gross area with 5% reserved for utilities. b) All areas lying outside primary and accessory buildings will be counted toward open space requirements, including entranceways, stormwater management areas, yards, lot landscaped areas, and easements. 8. Landscaping Buffers A 10' landscape easement shall be provided where residential abuts commercial. The 10' landscape easement will be located on the non-residential parcel. A 15' landscape buffer easement shall be provided adjacent State Road 434. 9. Development Plans a) For the duration of this Agreement except as otherwise provided for herein all development plans and standards will meet the regulations and policies of the City of Winter Springs in effect at the time of execution of this Development Agreement. b) Where there may be a conflict between this Development Agreement and City of Winter Springs development regulations, this Development Agreement shall prevail. c) The PUD Zoning application on the subject property shall conform to these standards. The City acknowledges the Developer's right to develop the property consistent with these standards. d) Developer acknowledges its obligation to develop/construct all improvements on said property in accordance with all applicable City codes modified pursuant to State of Florida Statute 163.3233 and Federal laws as they may from time to time be amended unless specifically modified herein. 10. Parks and Recreation No onsite park or recreation facilities will be required of the development. The City of Winter Springs park system adequately serves this area. 11. Water and Sewer a) The City of Winter Springs shall provide central sanitary sewer collection and treatment for the site. The Owner or Developer will pay customary costs necessary or required in connection with such service. b) The City of Winter Springs shall provide potable water service .to the site. The Owner or Developer will pay customary costs necessary or required in connection with such service. 12. Homeowners Association A mandatory homeowners association will be formed to provide a responsible entity to maintain all common areas. IV. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE: This Development Agreement shall take effect upon City Commission approval of the Comprehensive Land Use Plan Amendment and shall remain in effect for a period of five (5) years from the date of execution. This Development Agreement shall be binding upon all successors in interest to the parties of the Agreement. The effectiveness of this Development Agreement may be extended upon City Commission approval. V. LAND USE, ZONING AND DEVELOPMENT REGULATION APPROVALS: The development of the project must comply with the conditions of the Development Agreement. In the event a development requirement, permit, condition, term or restriction is not addressed in this Agreement, the development will comply with the zoning ordinance, land development code and subdivision regulations in effect as of the adoption of this Agreement. VI. CONSISTENCY: The City finds this Development Agreement and its terms and conditions consistent with the City's Comprehensive Land Use Plan and its Land Development Regulations. VII. REMEDIES: A party who breaches this Agreement shall not be liable for monetary damages, but subject only to injunctive relief or other equitable relief. Any dispute which may arise under this Agreement shall be submitted for determination by Voluntary Binding Arbitration in accordance with provisions of Section 44.104, Florida Statutes, and Florida Rule of Civil Procedure 1.830. However, the prevailing party in any such proceeding or legal action shall be entitled to recover costs, including reasonable attorney's fees, against the non-prevailing party, all as determined by the presiding judge. This Agreement is subject to the provisions of Florida Statute 163.3235, and 163.3241, providing for periodic review, and modification or revocation of a development agreement to comply with subsequently enacted state and federal law. This Development Agreement is also subject to Florida Statute 163.3233 regarding the local laws and policies governing a development agreement. ADOPTED by the City of Winter Springs this day of , 1996. IN WITNESS WHEREOF, the Developer and the City have executed this Development Agreement as of the day and year approved and accepted by the City. ::~~ffW Sworn to and subscribed before me this 2;)vd day of {)JJ1i1 M1f ,1996, by ~ who is personally known to me or who produced CITY OF WINTER SPRINGS BY: ~1,J.1YJ~ Sworn to and subscribed before me this day of , 1996, by who is personally known to me or who produced as identification. PP3005A A IT ACHMENT "A" (LEFFLER PARCEL) DESCRIPTION: That portion of Lot "F", CHASE AND COMPANY'S SUBDIVISION OF \V AGNER, according to the plat thereof as recorded in Plat Book 6, Page 64 of the Public Records of Seminole County, Florida, described as follows: BEGIN at the Southwest comer of said Lot "F" and run N 07000'49" \V along the West line of sa,id Lot "F" for a distance of 822.14 feet to a point on the South Right-of- \Vay line of State Road 434 as described in Official \ . Records Book 2803, Page 1023 of said Public Records; thence run N 83053' 17" E along 'said Right-of-Way line for a distance of 694.14 feet to a point on the West line of Parcell 05- \V ater Retention Area, as described in Official Records Book 2803, Page 1023 of said Public Records; thence run S 07001 ' 30" E along said line for a distance of 822.14 feet to a point on the South line of said Lot "F"; thence run S 83053' 16" VI. along said line for a distance of 694.30 feet to the POINT OF BEGINNING. LESS: That portion of Lot "F", CHASE AND COMPANY'S SUBDIVISION OF \V AGNER, according to the..plat thereof as recorded in Plat Book 6, Page 64 of the Public Records of Seminole County, Florida, described as follows: BEGIN at the Southwest comer of said Lot "F" and run N 07000'49" W along the \Vest line of said Lot "F" for a distance of 822.14 feet to' a point on the South Right-of- \Vay line of State Road 434 as described in Official Records Book 2803, Page 1023 of said Public Records; thence run N 83053' 17" E along said Right-of- \Vay line for a distance of 264.93 feet; thence run S 07000'49" E for a distance of 822.14 feet to a point on the South line of said Lot "F"; thence run S 83053' 16" \V along said line for a distanc.e of264.93 feet to the POINT OF BEGINNING. A IT ACHMENT "A" Containing 8.101 acres more or less and being subject to any rights-of.:.way, restrictions and easements of record. ,. ,.