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HomeMy WebLinkAboutRichland Tuscawilla, LTD Development Order -1998 09 17CITY OF WINTER SPRINGS LAND DEVELOPMENT ORDER PURSUANT TO CHAPTER 8 OF THE CITY CODE - LOTS 10 THROUGH 14. THE RESERVE AT TUSCAWII.LA. PHASE lA. This Development Order is in response to an application for development plan and plat approval by Richland 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 Tuscawilla Phase II, recorded in Plat Book 50, Pages 3 through 9, Public Records of Seminole County, Florida. These plats, as approved constituted 841ots. 2. Prior to approval, the original plat as submitted had 921ots. 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 Apri126, 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" 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 (CONK) 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 government authorities determine whether land located within a floodway 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 1-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 floodway 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 floodway regulations. 2. The Property Owner applied to and received 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. 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 9-101(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 841ots 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 Lot/Block 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 LOMB, 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 permit 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 LOMB 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 permits or approvals for said Phase lA project or Proposed Lots or Lots. DONE AND ORDERED, this 17th day of September , 1998 ATTEST MAR HOPKINS, ITY CLERK PAUL P. PARTYKA MAYOR, CITY OF WINTER SPRINGS ~-~. ~ l L ~r EGINNING aER~Y CORNER c R~SERVE AT ~rnL.A PKASt i PAGES 31-t0 n O ~ d°/~~ V'T~ ~~ nn v' V• ' W :~ NpRTHERLY UNE OF LOT 9. THE RESERVE A7 TLJSCAYliLLA, PHASE ~ 1 l I N 88'S5'07~ E ~ N 88'55' 07" 13.38 N 70'44'10" W t. .r TRA~T E THE RESERVE AT T UJI.`yy~LLA, r HAJE ~ PLAT BOOK 4~, PAGE` ~1-~0 LOT 10 20' D.E. 1 g0.~0' S ~3a'S5' 07" W coNSERVAna~ EpSEfdEN T ,/ . ,, I; o~ J J d N. .~'= / Q ' ~ tl~ w t' m .~ ~ / y ~ 243' t LOT S THE f~ESERVE AT 7USCA'~MLLa, PHASE I PI AT Bt~OK 48, PAGES 31-a~~ 83' t 494' f CONSERVAl1atJ ~~IEhT EXIT A Federal Emergency Management Agency Washington, D.C. 20472 APR 2 6 !~'a~ Mr. John Govoruhk IN REPLY REFER T0: City of Winter Springs Manager Case Number: 95-04-361R 1126 East State Road ~~434 Community Name: City of Winter Springs, Seminole Winter Springs, Florida 32708 County, Florida Community Number: 120295 (104) Dear Mr. Govoruhk: This is in reference to a July 7, 1995, letter from Mr. Michael B. Galura, ' P.E., of Professional Engineering Consultants, Inc., requesting a conditional Letter of Map Revision (CONK) for the proposed Tuscawilla Parcel 80 subdivision along Howell Creek. The proposed project, which will be located from approximately 260 feet to 1,475 feet downstream of the CSX Transportation line, will consist of the placement of fill in the 1X annual chance floodplain and floodway. The area of the proposed project is shown on Flood Insurance Rate Map (FIRM) number 1211700165 E, dated April 17, 1995, for Seminole County, Florida, and Incorporated Areas. This letter supersedes the March 27, 1996, conditional LOMB. .~~~ We received the following technical data, prepared by Professional Engineering Consultants, Inc., in support of this request: a HEC-2 hydraulic model, dated May 30, 1995, of the 10X, 2X, 1X, and 0.2X annual chance floods and floodway for Howell Creek, duplicating the model used to prepare the April 17, 1995, Seminole County, Florida and Incorporated Areas Flood Insurance Study (FIS) ; • HEC-2 hydraulic models, dated December 8, 1995, of the 10X, 2X, 1X, and 0.2X annual chance floods and floodway for Howell Greek, reflecting existing and proposed conditions; • topographic mapping, dated May 1994, entitled Tuscawilla Parcel 80 Richlaad Properties Inc_, Sheets 1 and 2, at a scale of 1"-100', with a contour interval of 1 foot, showing the proposed fill and the location of cross sections used in the previously mentioned HEC-2 models; a copy of FIRM number 1211700165 E, dated April 17, 1995, annotated to show the location of the project site; and • completed application/certification forms. p~ l ,,~f; ~R`, All data necessary to process this request were receive ~~~~,~j/"b'2c'~mben ~~~,~~- GG : c ~'t-y MS `"' QTR ~ ;~ .;,,,f ~' EXHIBIT B ~,,,~ ~, vti w ~ s ~'- ` 5 .;~ 2 , Because the existing conditions HEC-2 hydraulic model for Howell Creek, dated December 8, 1995, used additional cross sections and more detailed topographic information than that used to prepare the April 17, 1995, FIS and FIRM for Seminole County, Florida and Incorporated Areas, it was used as the baseline model for comparison. When compared to the baseline model, the proposed conditions model shows decreases in the 1X annual chance water-surface elevations along Howell Creek. The maximum decrease on Howell Creek is 0.25 foot. When compared to the modeling used to prepare the April 17, 1995, FIS, the proposed conditions model shows increases in the 1X annual chance water- surface elevations. The increases are solely due to the more detailed analysis. We have reviewed the submitted data and determined that the proposed project meets the minimum floodplain management criteria of the National Flood Insurance Program (NFIP). If the project were built as proposed, a revision to the FIS and FIRM for your county would be warranted. This revision would show increases and decreases in the 1% annual chance floodplain and floodway widths along Howell Creek, and due to the use of new cross sections, would show increases in the 1X annual chance water-surface elevations. The maximum increase in 1X annual chance water-surface elevations of 0.66 foot would occur at the downstream side of the CSX Transportation line. The maximum increase in 1% annual chance floodplain widths would be 250 feet at a point approximately 0.38 mile downstream of the CSX Transportation line. The maximum increase in 1X annual chance floodway widths would be 13 feet at a point approximately 0.40 mile downstream of the CSX Transportation line. Future revisions to the FIS and FIRM, or restudies of the flood hazards in this area, could modify this determination. We based this determination on the 1X annual chance flood discharges computed in the FIS for your community without considering subsequent changes in watershed characteristics that could increase flood discharges. The development of this project and/or other projects upstream could cause increased flood discharges, which could cause increased 1X annual chance water-surface elevations. Future restudies of your community's flood hazards would consider the cumulative effects of development on flood discharges and could, therefore, establish higher 1X annual chance water-surface elevations in this area. This conditional LOMR is based on minimum floodplain management criteria established under the NFIP. Your community is responsible for approving all proposed floodplain development, including the project for which this request has been received. State and Community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If the State of Florida or the City of Winter Springs has adopted more restrictive or comprehensive floodplain management criteria, those criteria take precedence over the minimum NFIP requirements. NFIP regulations Subparagraph 60.3(b)(7) requires communities participating in the program to "assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained." Without proper maintenance, such as the regular clearing of a channelized stream, channel 3 modification projects will, in time, fail to function as designed, thereby recreating the flood hazard that they were intended to mitigate. Therefore, upon completion of the project, your community must submit documentation ensuring that the modified channel will be maintained in order to preserve its design function. Please be aware that we may request that your community submit a description and schedule of channel maintenance activities as outlined in Subparagraph 65.6(a)(12) of the NFIP regulations. If fill is placed in your community to raise the ground surface to or above the base (1X annual chance) flood elevation, your community must meet the criteria of NFIP regulations Subparagraph 65.5(a)(6), which require that the community's NFIP permit official, a registered professional engineer, or a soils engineer certify the following: that the fill has been compacted to 95 percent of the maximum density obtainable, as measured by the Standard Proctor Test method for fill pads prepared for residential or commercial structure foundations; that fill slopes for granular materials are not steeper than one vertical to one-and-one-half horizontal (steeper slopes must be justified); and that adequate erosion protection is provided for fill slopes exposed to moving floodwaters (slopes exposed to flows with velocities of up to 5 feet per second (fpsJ during the 1X annual chance flood must, at minimum, be protected by a cover of grass, vines, weeds, or similar vegetation; slopes exposed to flows with velocities greater than S fps during a 1X annual chance flood must, at minimum, be protected by stone or rock riprap). Also note the requirements for floodway revisions outlined in NFIP regulations Subparagraph 65.7(b)(1) (copy enclosed), which states that when a floodway change is proposed, a copy of a public notice distributed by the community stating the community's intent to revise the floodway, or a statement by the community that it has notified all affected property owners and affected adjacent jurisdictions, must be submitted to the Federal Emergency Management Agency (FEMA). This requirement must be fulfilled when requesting a map revision to reflect the completed channel modifications. Upon completion of the proposed project, your community must request a revision to the FIS and FIRM. The revision request should be submitted to our Regional office in Atlanta, Georgia, and include the data listed below. 1. Evidence of compliance with NFIP regulations Paragraph 65.4(b), which states that "all requests for changes to effective maps...must be made in writing by the community's Chief Executive Officer (CEO) or an official designated by the CEO. Should the CEO refuse to submit such a request on behalf of another party, we will agree to review the request only if written evidence is provided indicating the CEO or designee has been requested to do so." ~ ~ 4 , 2. "As-built" plans of the project, certified by a registered professional engineer. 3. HEC-2 hydraulic models of the 10X, 2%, 1X, and 0.2X annual chance floods and floodway, representing "as-built" conditions. The elevations in the "as-built" HEC-2 models must coincide with the FIS elevations at the upstream and downstream ends of the project. 4. Delineation of the 1X and 0.2X annual chance floodplain and floodway, and the locations and alignment of the cross sections and flow lines used in the hydraulic models. a. Please show this information on a map of suitable scale and topographic definition to provide reasonable accuracy. b. Label all items for easy cross-referencing to the hydraulic model and summary data. 5. Evidence of compliance with NFIP regulations Subparagraphs 60.3(b)(7), 65.7(b)(1), 65.5(a)(6) regarding channel maintenance, floodway notification, and fill requirements, as previously discussed. Items 3 and 4 have been submitted for proposed conditions and do not have to be resubmitted if the project is built as proposed. If any changes take place during construction, however, these items must be resubmitted to reflect "as- built" conditions. We have enclosed a copy of our application/certification forms for your reference. Typically, we do not require these forms if the project is completed as proposed. The enclosed document entitled "Requirements for Submitting Application/Certification Forms to Support Requests for NFIP Map Revisions" describes in detail the circumstances under which the forms are required. The NFIP is not taxpayer-funded; rather, its expenses are borne by policyholders. We recover costs associated with reviewing and processing requests for modifications to published FISs and FIRMs, to minimize the financial burden on the policyholders while maintaining the NFIP as self- sustaining. Therefore, you must submit an initial fee of $225, which represents the minimum charge associated with a request of this type, before we can process your revision request. If items 3, 4, and 5 listed above must be resubmitted, the initial fee could exceed the minimum of $225. Your payment must be a check or money order made payable to the National Flood Insurance Program, and should be forwarded to: Federal Emergency Management Agency Fee Charge System Administrator P.O. Box 3173 Merrifield, Virginia 22216 o S Once we receive the items listed above, including the initial fee, complete our review, and verify that the completed project meets all applicable NFIP standards, we will revise your community's FIS and FIRM, and incorporate the effects of the completed project, as appropriate. If you have any questions, please do not hesitate to contact the Director, Mitigation Division of FEMA in Atlanta, Georgia, at (404) 853-4432, or Matthew B. Miller of our Headquarters staff in Washington, D.C., at (202) 646-3461, or by facsimile at (202) 646-4596. Sincerely, Q ~~ '~~' ~~~ Michael K. Buckley, P.E., Chief Hazard Identification Branch Mitigation Directorate Enclosures cc: Mr. Mark Jenkins, P.E., Winter Springs City Engineer Mr. Michael B. Galura, P.E. State Coordinator § 8-54 WINTER SPRINGS CODE bank or twenty (20) feet on each side from top of bank, whichever is greater, unless certification by a registered professional en- gineer is provided demonstrating that such encroachments shall not result in any in- crease in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improve- ments of structures shall be elevated or floodproofed in accordance with elevations established in accordance with section 8-32(3). (Code 1974, § 19-17) Sec. 8.55. Standards for regulatory floodways. When flooclways are designated within areas of special flood hazard, additional criteria will be met. Since the `floodway is an extremely hazard- ous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion po- tential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer or ar- chitect is provided demonstrating that en- croachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (2) If (1) above is satisfied, all new construc- tion and substantial improvements shall comply with all applicable flood hazard re- duction provisions of section 8-51 and sec- tion 8-52. (Code 1974, § 19-18) Sec. 8-56. Sand dunes and mangrove stands. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (Code 1974, § 19-19) f"Che next page is 5331 482 EXHIBIT C LAW OFFICES FRANI{ KRUPPENBACHER A Professional Association Frank Kruppenbacher~ Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 *Also Admitted in Colorado MEMO TO: Ron McLemore, City Manager Charles Carrington, Comm rty Development Director Mark Jenkins, P.E. City E gineer FROM: Robert D. Guthrie DATE: September 11, 1998 SUBJECT: The Reserve Order. SEP 1 51998' ~1TY CtF WINTER SPRINGS 105 E~iAAit+(1t~ Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 Attached is the latest (final?) Draft of the The Reserve Floodway Lots Development Order. This draft Order includes several of the suggested edits from the Property Owners' Attorney, Dwight Saathoff. The only issue is the point in time when the Property Owner can serve building permits. I find nothing in the public record to allow building permits prior to the issuance by FEMA of the Letter of My Revision (CONK). I copy Mr. Saathoff with this memo and the last draft of The Development Order. cc: Dwight D. Saathoff, Esq.