HomeMy WebLinkAboutReserve at Tuscawilla -1998 09 17
CITY OF WINTER SPRINGS LAND
DEVELOPMENT ORDER PURSUANT TO
CHAPTER 8 OF THE CITY CODE _
LOTS 10 THROUGH 14. THE RESERVE
AT TUSCA WILLA PHASE lA
This Development Order is in response to an application for development plan and plat
approval by RicWand Tuscawilla, Ltd., (the Property Owner), and effects the following described real
property located in the City of Winter Springs, Seminole County, Florida: See Exhibit "A" attached
hereto and by this reference incorporated herein, frequently called the "Property".
This Development Order addresses the issue of construction of five lots outside of the
realigned floodway, but does not alleviate the Property Owner or his successors and assigns from
complying with all City Code provisions relating to land development, platting, subdivision
improvements, and site or building construction.
Regarding Property Owner's application to develop the Property into five (5) Proposed Lots
(Lots 10 through 14, The Reserve at Tuscawilla, Phase lA hereinafter called "Proposed Lots") the
City of Winter Springs, hereby orders that:
FINDINGS OF FACT
1. The Property Owner, sought and received approval from the City of Winter Springs
(The "City") of (a) plat known as The Reserve at Tuscawilla, Phase I recorded in Plat Book 48, Pages
32 through 40, Public Records of Seminole County, Florida, and (b) a plat known as The Reserve
at TuscawiIla Phase II, recorded in Plat Book 50, Pages 3 through 9, Public Records of Seminole
County, Florida. These plats, as approved constituted 84 lots.
2. Prior to approval, the original plat as submitted had 92 lots, Eight (8) lots were
deleted from the original plat because these eight (8) lots were found to encroach into the officially
designated Federal Emergency Management Agency (FEMA) floodway area.
3. The Property Owner submitted an application letter to FEMA seeking a Conditional
Letter of Map Revision (CLOMR) to secure a revision of the Flood Insurance Rate Map.
4. On April 26, 1996, the CLOMR was issued by FEMA, with certain conditions for a
map revision. The CLOMR sets forth FEMA acknowledgement that the proposed plans and
accompanying engineering calculations are in compliance with the National Flood Insurance Program
(NFIP) standards. The area encompassing Lots 10 through 14 The Reserve at Tuscawilla, Phase I-A
plat (the Proposed Lots) is the area referenced in the CLOMR.
5. The CLOMR letter is attached hereto and marked Exhibit "B II and by this reference
incorporated herein.
6. The process outlined in the CLOMR provided that when the area constituting the
Proposed Lots are constructed pursuant to the engineering plans submitted by the Property Owner
and the Property Owner's Engineering firm, PEC, Inc., then FEMA would thereafter, with the
issuance by FEMA of a Letter of Map Revision (LOMR.) realign the effective floodway boundary
consistent with the construction of the referenced Proposed Lots, in accordance with NFIP
regulations.
7. NFIP regulations, administered by FEMA provide that local goyemment authorities
detennine whether land located within a flood way may be utilized for development, and therefore,
whether FEMA should consider realigning the floodway boundary and certain minimum engineering
standards that must apply to construction of lots in a particular area and floodway.
8. The engineering for the area constituting the Proposed Lots affected by this Order
(lots 10-14, The Reserve at Tuscawilla, Phase I-A) has been determined by FEMA in the CLOMR
letter of April 26, 1996, to meet minimum National Flood Insurance Program (NFIP) floodplain
management criteria, so long as certain conditions imposed by FEMA are complied with during
construction of the Proposed Lots.
9. The City of Winter Springs has adopted by ordinance, criteria and standards for
regulating development in floodways. This ordinance criteria is codified at Section 8-55, City Code,
City of Winter Springs Florida. This section of City Code is found to be relevant to this application
for construction in a floodway by the Property Owner. This referenced City Code sections is attached
to this order and incorporated herein, and marked Exhibit "C".
10. This Order addresses floodway criteria applicable to the subject property. The
property must comply with any and all other City Code, State law or Federal regulation, if any,
relating to wetlands regulations, land use, land development regulations, platting and subdivision,
regulatory fees, and other matters applicable to similarly affected properties, as well as any and all
flood way regulations.
CONCLUSIONS OF LAW
1. The property constituting the plat of The Reserve at Tuscawilla Phase I-A, have been
found to be subject to current FEMA flood way regulations.
2: The Property Owner aPRlied to and ~eceived a CLOMR from FEMA as permitted by
City of Winter Springs City Code provisions containing standards for regulating floodways. These
standards are set forth in Section 8.55 of the City Code.
3. City Code specifically requires:
A. When floodways are designated within areas of special flood hazard, additional
criteria will be met (Section 8-55).
B. Encroachments are prohibited in floodways, including fill, new construction,
substantial improvements, and other development unless certification by a professional
engineer demonstrating that any such encroachment shall not result in any increase in
flood levels during occurrences of base flood discharge (section 8.55).
C. Such a certification has been submitted by the Property Owner's engineer,
PEC, Inc. pursuant to the requirements of Section 8-55 and Section 9-10 1 (a)(2) of
the City Code. The engineering criteria developed and presented by PEC and
approved by the city commission, together with the periodic monitoring of
improvements and fill creating the Proposed Lots of proposed plat of The Reserve at
Tuscawilla, Phase I-A shall be the required criteria for monitoring of the future
stability of said Proposed Lots. These criteria set forth in the CLOMR are included
by reference as continuing obligations of the Property Owner, its successors or
assigns.
D. As to the Property, construction and fill for the lots constructed thereon, shall
be in accordance with the construction plans prepared by the property owner
and relied on by the City in support of the application for flood map revision,
and subdivision approval by the City.
E. Residential development shall adhere to Section 8-52(1) of the City code
relating to first floor elevation criteria and Section 8-52(5) relating to mechanical and
utility equipment installation,
F. The subdivision plat for the Proposed Lots of The Reserve at Tuscawilla Phase
lA shall comply with Section 8-51(4) of the City Code.
G. The referenced subdivision shall comply with all other City Code requirements.
4. Because the Property Owner seeks approval of the final development plan prior to
recording of the plat of The Reserve at Tuscawilla, Phase I-A, this final development plan is approved
with the conditions set forth herein as permitted by City Code Section 9-73.
5. The existing 84 Phase I and Phase II lots are under a common homeowner's
association (The Reserve at Tuscawilla Community Association, Inc. hereinafter called Homeowner's
Association), including an Amendment to Declaration of Covenants, Conditions, Easements and
Restrictions for the Reserve at Tuscawilla and Grant of Easement incorporates the Proposed Lots
on the proposed plat of The Reserve at Tuscawilla, Phase lA into the original Declaration
(hereinafter called the "Amendment"). The City Commission hereby makes it a condition of the
approval of the final development plan that the responsibility of the original 84 Phase I and Phase II
lot owner members of the Homeowners Association for expenses involved in the engineering,
monitoring and any stabilization of Proposed Lots in the floodway area shall not exceed $24.00 per
lot per year. Any and all sums in excess of $24. 00 per lot per year shall be born by the Owners of the
Proposed Lots, and not the owners of the Phase I and II lots either directly or through the
Homeowners Association.
6. NFIP regulations specify that the City of Winter Springs is ultimately responsible for
the flood carrying capacity of a floodway. This would be true of the realigned floodway. The City
has declared at a public hearing its intent to allocate the financial responsibility for impacts on the
floodways by the existence of the five Proposed Lots among the City, the Homeowners Association,
the Property Owner and the eventual owner of the Proposed Lots. The Property Owner intends to
shift this responsibility for engineering compliance and monitoring the stability of the constructed lots
to the Homeowners Association and the future owners of the Proposed Lots in order to assure that
there is no impact on the realigned floodway from the subject Proposed Lots.) At the" public hearing,
the City has required:
A. To the extent required by law, the City shall be responsible for the flood
carrying capacity of the floodway unrelated to impacts to the floodway
resulting from deterioration or erosion of the Proposed Lots constructed on
the Property, if any occurs.
B. The assessment upon the first 84 lots of the Reserve at Tuscawilla, Phase I and
II attributable to maintenance and periodic engineering related to the realigned
floodway shall never exceed $24.00 per lot per year. For engineering
monitoring costs in excess of the amounts specified in the prior sentence, the
Proposed Lots shall be assessed for any additional sums required to conduct
the periodic engineering monitoring of the Proposed Lots required by an
engineering firm report and any repair or restoration to the floodway required
by degradation of said Proposed Lots pursuant to federal, state or local law,
regulation, map amendment, FEMA ruling or technical criteria.
C. Since the Homeowners Association is ultimately assigned responsibilities of
the Property Owner for future monitoring or maintenance of the Proposed
Lots constructed on the Property, then the Amended Declaration of Covenants
documents shall also provide that should the Homeowners Association fail to
assess the effected lots for any and all sums due for any and all of the
engineering, monitoring, construction or reconstruction services relating to the
Proposed Lots required by this Order; FEMA rule, regulation, map
amendment or other directive; City Code; State or Federal law or regulation,
that the City may (i) undertake the annual engineering monitoring, and (ii)
conduct any maintenance of the realigned floodway. Should the Homeowners
Association fail to assess the effected and benefitted properties for these sums,
and the City elects to do so, then the City may also assess an administration
fee of up to 25% of costs incurred by the City in accomplishing this
maintenance process.
D. The Amendment shall make provision that said Amendment shall not be
amended without the prior approval of the City Commission of the City of
Winter Springs, Florida.
ORDER
It is hereby ordered and directed by the City Commission of the City of Winter Springs as
follows:
1. The final development plan relating to Proposed Lots is hereby approved subject to
the conditions set forth in this Order.
2. The final development plan for Proposed Lots is approved pursuant to Section 9-73
of the City Code contingent upon:
A. Exhibits to this Order and materials on file with the City relating to
construction plan, for the Lots, constitute and include reference to the LotIBlock
grading plan, lot filling program and erosion control plan, which shall dictate the
construction standards for said Proposed Lots of The Reserve at Tuscawilla, Phase
I-A.
B. Engineering monitoring to assure the Flood Insurance Rate Map (FIRM),
RevisedlProposed Project Model Howell Creek shall be the standard for long term
maintenance of the integrity of the flow and capacity of the floodway following
construction of the Proposed Lots with requirements that; (i) Property Owner provide
initial creek profiles after construction of Proposed Lots and before building permits,
and, (ii) City receives from the Homeowners Association creek profiles constituting
five (5) year evaluations or cross-sections of the realigned floodway at five (5)
year intervals.
C. The Property Owner, its successors or assigns, including the Homeowners
Association (and owners of the Proposed Lots) shall be responsible for the long term
maintenance of the integrity of the Proposed Lots relating to the realigned floodway,
including any and all costs associated with adherence of said Proposed Lots to the
standards set forth in the technical materials submitted to and relied on by FEMA in
amending the Flood Insurance Rate Map (FIRM); together with engineering studies
that have been submitted to the City by the Property Owners or its consultants. The
property owner commits that property owner will post bond with the City, to assure
that the construction of the Lots shall be in accordance with the requirements in the
LOMR, federal regulations, and federal law, for a minimum of two (2) years. These
maintenance tasks are to be assigned to the Homeowners Association in accordance
with the Amendment to the Homeowners Association.
D. Should the Property Owner or its successors or assigns fail to maintain the
Proposed Lots as required by this approval or FEMA, then the City may undertake
such maintenance and charge the appropriate entities the actual cost of said
maintenance plus up to twenty -five (25%) percent as an administration charge.
E. The Property Owner will notify the then affected property owners as required
in the CLOMR. and FEMA regulations including Section 65.7 (b) (1), Title 44, Code
of Federal Regulations, and provide proof of such notice to the City Engineer, City
of Winter Springs, 1126 E. S.R. 434, Winter Springs, Florida 32708. A legal
advertisement providing notice to the public of the proposed map revision shall be
required.
F. Prior to issuance of a building pennit for each structure on the Proposed Lots,
a geotechnical inspection of said lot and fill slopes will be performed by the Property
Owner and a report given to the City Engineer which certifies that the fill placed on
the Proposed Lots is at or above the base (100 year) flood elevation which is a
prerequisite to securing exclusion from a special flood hazard area. Such report shall
assert that said lot and fill shapes meets or exceeds the criteria of Title 44, Code of
Federal Regulations (CFR),Section 65.5(a)(6). A Letter of Certification, from the
engineer-of-record that the lot grading is constructed per the approved engineering
plans, will be given to the City Engineer as part of the building permit process for
structures on the Proposed Lots, and the posting of the two (2) year maintenance
bond by the property owner. The LOMR. must be issued by FEMA prior to the
issuance by the City of a Building Permit for any structure constructed on the Lot
or sale or occupancy of such structure.
G. Should said Proposed Lots be out of compliance with any City regulation or
FEMA standards, the City may take appropriate administrative or judicial enforcement
action against any appropriate owner or party, including the withholding of any
development pennits or approvals for said Phase IA project or Proposed Lots or Lots.
DONE AND ORDERED, this 17th day of September, 1998
ATTEST
~~~
MAR HOPKINS, ITY CLERK
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PAUL P. PARTYKA
MAYOR, CITY OF WINTER SPRINGS
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