HomeMy WebLinkAbout2001 06 25 Regular G Binding Development Agreement for Avery Park
COMMISSION AGENDA
ITEM G
Consent
Informational
Public Hearing
Regular X
Jlme 25. 2001
Meeting
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Mgr. /
Authorization
REQUEST:
The City Manager requests the City Commission approve Amendment # 1 to the
Binding Development Agreement between CRC Development and the City of
Winter Springs for the development of Avery Park.
PURPOSE:
The purpose of this agenda item is to request the City Commission implement Section 5J of the
Development Agreement to provide conditions under which tree replacement credits may be
earned.
APPLICABLE LAW AND PUBLIC POLICY:
Under Chapter 5 of the City of Winter Springs Code, hereafter referred to as the Arbor
Ordinance, each tree removed prior to, during or after development must be replaced.
Amendment #1 to the Development Agreement specifies the conditions for those replacements.
CONSIDERA TIONS:
In order to encourage the establishment of conservation areas, and to encourage the use of more
desirable plant materials in the landscaped areas of developed land, consideration is given toward
the earning of tree credits to offset the replacement requirement of the Arbor Ordinance.
Over 10 acres of heavily treed wetland have been set aside for conservation. As many as 3000
trees may be located on that parcel. Setting aside land for conservation is one of the most
effective means of protecting large amounts of natural lands. This amendment provides
recognition of those trees being saved and encourages development to set aside other lands for
conservation. I
JUNE 25,2001
REGULAR AGENDA ITEM G
Page 2
landscape materials in the finished development. Normally, development removes large, mature
trees and replaces them with very small, young trees of the most common type of material. This
is very cost-effective for the developer, but is not as desirable to the environmental community.
Using larger, more diverse types of trees "ages" a development. It creates a more established
appearance and in effect, is much more marketable than a standard landscape package.
This amendment provides options for the Developer while still giving back to the community
some of the urban forest that will be lost in development.
STAFF RECOMMENDATION:
Staff recommends the City Commission approve Amendment #1 of the Development Agreement
between CRC Development and the City of Winter Springs.
ATTACHMENTS:
A. Amendment # 1
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
MEMORANDUM
To: Andrea Lorenzo-Luaces, City Clerk
From: Jan Palladino, Secretary to the City Manag~
Date: June 22, 2001
Subj: June 25, 2001 Regular Agenda Item "G"
PLEASE REPLACE THE JUNE 25, 2001 REGULAR AGENDA ITEM
G, BINDING DEVELOPMENT AGREEMENT "AMENDMENT 1"
WITH THE ATTACHED CORRECTED BINDING DEVELOPMENT
AGREEMENT. THE CORRECT NAME OF THE DEVELOPMENT
PROJECT IS AVERY PARK NOT AVERY WOODS.
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BINDING DEVELOPMENT AGREEMENT
(Amendment # "1")
THIS BINDING AGREEMENT, made and executed this _ day of
, 2001 by and between the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation ("City") whose address is 1126 East State Road 434, Winter
Springs, Florida 32708, and CHC DEVELOPMENT CO., INC., a Florida Corporation
("CHC") whose address is 131 Park Lake Street, Orlando, Florida 32803.
WHEREAS, CHC entered into a Binding Agreement with the City of Winter
Springs on , 2001 to construct a residential community in Winter Springs,
Florida Town Center known as Avery Park, and
WHEREAS, Section 5(j) of the aforementioned agreement provides that a tree
replacement program shall be implemented to the satisfaction of the City and in
compliance with the City Arbor Ordinance, Chapter 5 of the City Code, (Arbor
Ordinance), and
WHEREAS, the City Code provides considerable discretion in fonnulating a tree
replacement program, and
WHEREAS, the City staff has developed strategies the staff believes will provide
appropriate consideration for conservation areas dedicated involuntarily and voluntarily
to the public by the developer as further defined herein, so as to provide an incentive on
the part of the developer to dedicate lands for conservation to the public, and a higher
quality of plant materials in development, and
WHEREAS, the City Commission desires this Tree Replacement Program for
Avery Woods to be reviewed and approved by the Commission in a Development
Agreement.
NOW, THEREFORE, in consideration of the mutual provisions and covenants
contained herein, the parties mutually agree as follows:
Section 1. Supplemental Agreement. This Agreement is adopted pursuant to
Section 50) of the Binding Development Agreement between CHC Development Co.,
Inc., a Florida corporation and the City of Winter Springs, a Florida municipal
corporation, dated ("Original Binding Development Agreement").
This Agreement shall be deemed in addition to and supplemental to the Original
Binding Development Agreement.
Section 2. Definitions. The following words shall have the meaning ascribed
below unless the context clearly indicates otherwise:
Page 1 of 4
(a) City Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the City Arbor Ordinance.
(b) Involuntarily Dedicated Conservation Area. Involuntarily Dedicated
Conservation Area shall mean a conservation area of one or more acres
of land located within the City over which a conservation easement has
been established in perpetuity, or to which a fee simple title has been
donated without monetary compensation to a governmental unit for
purposes of conservation in perpetuity, said actions resulting from
compliance with a Federal, State of Local Governmental Law, Policy or
Regulations by an owner or developer of land currently seeking a
development order from the City of Winter Springs, Florida.
(c) Preferred Plant List. Preferred Plant List shall mean that list of plant
materials and corresponding Tree Replacement Credits shown in Exhibit
"A" of this agreement.
(d) Tree Replacement Assessment. Tree Replacement Assessment shall
mean the total amount of monetary compensation owed to the City of
Winter Springs as provided in the Arbor Ordinance for the replacement
of trees cut, destroyed, or removed from a property in the City as a result
of development or redevelopment.
(e) Tree Replacement Credit. Tree Replacement Credit shall be equal to
one-hundred ($100.00) dollars and no cents in tree replacement value.
(f) Voluntarily Dedicated Conservation Area. Voluntarily Dedicated
Conservation Area shall mean a conservation area of one acre or more of
land located within the City over which a conservation easement has been
established in perpetuity, or which has been donated without monetary
compensation to a Federal, State, or Local Governmental Agency for
purposes of conservation in perpetuity by an owner or developer of land
currently seeking a development order from the City of Winter Springs,
Florida.
Section 3. Arbor Ordinance Requirement. In consideration of trees which shall
be cut, removed or destroyed from the property known as Avery Park by CHC or its
agent, CHC shall replace trees or monetarily compensate the City as provided in the
Arbor Ordinance according to the Tree Replacement Assessment established by the
City.
Section 4. Tree Replacement Credit. CHC may deduct from their Tree
Replacement Assessment, Tree Replacement Credits as follows:
(a) One (1) Tree Replacement Credit for every ten (10) trees located within
an Involuntarily Dedicated Conservation Area; and
Page 2 of 4
(b) Ten (10) Tree Replacement Credits for every one (1) tree located upon a
Voluntarily Dedicated Conservation Area; and
(c) The number of replacement credits as provided in the Preferred Plant
Material List, (Exhibit "A") to this Agreement provided that:
(i) All plant materials are Florida Grades and Standard One (1) or
better; and
(ii) All plant materials are properly installed; and
(ill) The landscape plan for the proposed development to which the
credits are to be applied is prepared by a landscape architect
licensed by the State of Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on
the date first written above.
Signed, sealed and delivered
in the presence of
CHC DEVELOPMENT CO., INC.~
a Florida Corporation,
(Print Name of Witness)
By:
(Print Name of Witness)
Carl H. Cahill
Its President
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
ATTEST:
By:
By:
PAUL PARTYKA, Mayor
ANDREA LORENZO-LUACES
Page 3 of 4
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2001, by CARL R. CAHILL, as President of CRC DEVELOPMENT CO.,
INC., a Florida corporation, [ ] who is personally known to me, or [ ] who has
produced as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
Page 4 of 4
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COlMTY
BK 04174 PG 0120
CLERK'S # 2001750099
BINDING DEVELOPMENT AGU.ImNft.mt9/2001 01:51:" PM
ulro:l~b11tf FtES 15.00
(Amendment # "1 If) RECORDED BY S Coatney
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THIS BINDING AGREEMENT, made and executed thlS~ day of , 001
by and between the CITY OF WINTER SPRINGS, a Florida Municipal Co oration ("City")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHC
DEVELOPMENT CO., INC., a Florida Corporation ("CHC") whose address is 131 Park Lake
Street, Orlando, Florida 32803.
HEREAS, CHC entered into a Binding Agreement with the City of Winter Springs
,2001 to construct a residential community in Winter Springs, Florida Town
er known as Avery 'fi?if1r an'1r~
WHEREAS, Section 5U) of the aforementioned agreement provides that a tree
replacement program shall be implemented to the satisfaction of the City and in compliance
with the City Arbor Ordinance, Chapter 5 of the City Code, (Arbor Ordinance), and
WHEREAS, the City Code provides considerable discretion in formulating a tree
replacement program, and
WHEREAS, the City staff has developed strategies the staff believes will provide
appropriate consideration for conservation areas dedicated involuntarily and voluntarily to
the public by the developer as further defined herein, so as to provide an incentive on the part
ofthe developer to dedicate lands for conservation to the public, and a higher quality of plant
materials in development, and
WHEREAS, the City Commission desires this Tree Replacement Program for Avery
~ to be reviewed and approved by the Commission in a Development Agreement.
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NOW, THEREFORE, in consideration of the mutual provisions and covenants
contained herein, the parties mutually agree as follows:
Section 1. Supplemental Agreement. This Agreement is adopted pursuant to Section 50)
of the Binding Development Agreement between CHC Development Co., Inc., a Florida
cor oration and the City of Winter Springs, a Florida municipal corporation, dated
e;I ("Original Binding Development Agreement"). This Agreement shall be deemed in
ddi .on to and supplemental to the Original Binding Development Agreement.
Section 2. Definitions. The following words shall have the meaning ascribed below unless
the context clearly indicates otherwise:
Page 1 of 3
FILE NUM 2001750099
OR BOOK 04174 PAGE 0121
(a) City Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 ofthe City
Code of Ordinances otherwise known as the City Arbor Ordinance.
(b) Preferred Plant List. Preferred Plant List shall mean that list of plant materials
and corresponding Tree Replacement Credits shown in Exhibit "A" of this
agreement.
(c) Tree Replacement Assessment. Tree Replacement Assessment shall mean the
total amount of monetary compensation owed tn the City of Winter Springs as
provided in the Arbor Ordinance for the replacement oftrees cut, destroyed, or
removed from a property in the City as a result of development or
redevelopment.
(d) Tree Replacement Credit. Tree Replacement Credit shall be equal to one-
hundred ($100.00) dollars and no cents in tree replacement value.
Section 3. Arbor Ordinance Requirement. In consideration of trees which shall be cut,
removed or destroyed from the property known as Avery Woods by CHC or its agent, CHC
shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance
according to the Tree Replacement Assessment established by the City.
Section 4. Tree Replacement Credit. CHC may deduct from their Tree Replacement
Assessment, Tree Replacement Credits based on the number of replacement credits as
provided in the Preferred Plant Material List, (Exhibit" A ") to this Agreement provided that:
(i) All plant materials are Florida Grades and Standard One (1) or better;
and
(ii) All plant materials are properly installed; and
(Hi) The landscape plan for the proposed development to which the credits
are to be applied is prepared by a landscape architect licensed by the
State of Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first written above.
Signed, sealed and delivered
in the presence of
~-~W~
L)() - A.t.v\. WC)O~ eV\
(Print Name of Witness)
CHC DEVELOPMENT CO., INC.,
a Florida Corporation,
~e.~
/l.J Gt#M.A C, L.Ih/lUIVUf
BY~
Its President
(Print Name of Witness)
Page 2 of 3
FILE NUM 2001750099
OR BOOK 04174 PAGE 0122
CITY OF. WINTER SPRINGS, a Florida
M~~~t;ipal Co!,~oration,
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ATTEST:
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this P..~ay of CXu JIJ ~, 2001,
by CARL H. CAHILL, as President ofCHC DEVELOPMENT CO., INC., a Flor~ion, ~
who is personally known to me, or [ ] who has produced as identification.
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NOTARY PUBLIC, State of Florida
rnrnission expires: ~ .
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Amendment Avery Park. doc
4li''oW,~ Pamella R. Finne
{*;' :~ MY COMMISSION # 00018196 EXPIRES
~~ '~l May 6, 2005
".r.i&::&.,," 80NDED THRU TROY FAIN INSURANCE /He.
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