HomeMy WebLinkAbout1998 01 26 Regular Item C-4
COMMISSION AGENDA
ITEM
C-4
REGULAR X
CONSENT
INFORMATIONAL
January 26. 1998
Meeting
MGR
Authorizati
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold the second public hearing for adoption of a Development
Agreement, pertaining to a 296.96 acre parcel located on the east side of State
Road 417 (aka "The GreeneWay) and on the north side of State Road 434.
PURPOSE:
The purpose of this Board Item is to request the Commission to hold a second public
hearing and adopt a proposed Development Agreement relating to the 296.96 acre
Battle Ridge Property,
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3220(2) Florida Statutes which states "The Legislature finds and
declares that: (a) The lack of certainty in the approval of development can result in a
waste of economic and land resources, discourage sound capital improvement planning
and financing, escalate the cost of housing and development, and discourage commitment
to comprehensive planning. (b) Assurance to a developer that upon receipt of his or here
development permit he or she may proceed iri accordance with existing laws and policies,
subject to the conditions of a development agreement, strengthens the public planning
process, encourages sound capita improvement planning and financing, assists in assuring
there are adequate capital facilities for the development, encourages private participation
in comprehensive planning, and reduces the economic costs of development.
The provisions of 163.3220(3) Florida Statutes which states "In conformity with, in
furtherance of, and to implement the Local Government Comprehensive Planning and
Land Development Regulation Act of 1972, it is the intent of the Legislature to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development.
JANUARY 26,1998
AGENDA ITEM C-4
Page 2
The provisions of 163.3220(4) Florida Statutes which state" This intent is effected by
authorizing local governments to enter into development agreements with developers,
subject to the procedures and requirements of 163.3220-163.3243 F.S.
CONSIDERA nONS:
1. The City staff and the Battle Ridge representatives have held discussions on the
specifics of a Development Agreement.
2. The Development Agreement indicates certain restrictions and specifications the
City staff believes will protect the environment and will promote compatibility with
the surrounding area. Since the January 12, 1998 Commission meeting certain
changes were made to the proposed Development Agreement. The substantive
changes made were:
Page 4 C.
The following language was dropped:
Owner hereby agrees to work with the City and other appropriate
regulatory agencies to provide reasonable protection to the habitat,
vegetation and environment of the conservation area depicted in the
Preliminary Development Plan in order to create amenities for the
City and its citizens to enjoy the natural setting of the conservation
area.
Page 4 D.
The proposed zoning district classification was changed from R-l
"One Family Dwelling District" to R-l A "One Family Dwelling
District".
NOTE:
This change on page 4 "D" was also made at appropriate locations
throughout the document.
Page 5 A.
The following language was dropped:
. . .provided, however, the City agrees that at the time of
development, as evidenced by issuance of a building permit, by
other developers or builders who will utilize and benefit from the
water line to be installed by Owner, the City shall require any such
benefitted property owner, developer or builder to pay to the City a
pro-rata share, based upon hydraulic usage (percentage of total line
JANUARY 26,1998
AGENDA ITEM C-4
Page 3
Page 5 B.
Page 6
Page 7
Page 7
Page 8
Page 8
Page 9 e.
capacity), of the cost of installation of such water line by Owner.
Upon receipt of such funds, the City shall deliver the same to
Owner forthwith in order to reimburse Owner for a portion of the
cost of installing such water line.
NOTE: The same language dropped on page 5 in A was also
dropped on page 5 in B using the word "sewer" in place of "water".
The following language was added:
E. No septic tanks shall be allowed on the Property.
The language in C.2. has been amended to require transfer of the
wetland property within one year of this agreement at no cost to the
grantee and to an agency reasonably acceptable to the City.
The following language was added to CA.
Further, no construction shall be permitted within the one hundred
(100) year floodplain line as most recently established for this
property,
The following language was added to 4.:
To further assure that the road system is not connected to future
developments to the east, Developer will dedicate on the plat or by
separate recorded instrument one foot of property on the east
property line of Owner's developable property for the project's
homeowners' association as an environmental preserve area.
The folowing language was added to G.I.a.:
The maximum number of lots shall be one hundred and ten (110).
The minimum heated/air conditioned floor area has been increased
from 1,500 square feet to 1,800 square feet.
3. The applicant has modified the Development Agreement since the January 12,
1998 City Commission Meeting to include additional stipulations by the board and
the City Manager which are indicated in the attached memo from Bob Guthrie to
Fred Leonhardt, dated January 16, 1998,
JANUARY 26, 1998
AGENDA ITEM C-4
Page 4
RECOMMENDATION:
Staff recommends approval of the Development Agreement pertaining to the 296.96 acre
Battle Ridge Property located on the east side of State Road 471 (aka "The Greene W ay)
and on the north side of State Road 434.
IMPLEMENTATION SCHEDULE:
The approval of the Development Agreement pertaining to the Battle Ridge Property "shall
become effective upon proper recording in the public records of the county and until 30 days after
having been received by the state land planning agency (DCA) pursuant to 163.3220 to
163.3243 F.S. '
ATTACHMENTS:
1. Development Agreement.
COMMISSION ACTION:
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ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into this _ day of January, 1998, by
and between the City of Winter Springs, Florida (herein referred to as the "City'')-'and
Battle Ridge Companies, Inc. (herein referred to as the "Owner").
WI TN E SSE T H:
WHEREAS, Owner owns property located in unincorporated Seminole County on
the east side of the State Road 417 (a/kfa "The GreeneWay") and north of State Road
434 and has filed an Application for Annexation of Owner's property into the City which
land is described on Exhibit "A" attached hereto and incorporated herein, and
WHEREAS, the City has encouraged Owner to annex into the City and
acknowledges the continuing permanent benefit which the City will receive by virtue of
annexing Owner's property and acquiring the right to provide municipal services to the
Property, and
WHEREAS, the City has determined that it is in the City's best interest to enter
into this Agreement to assure Owner of the future availability of adequate municipal
services, including sewer and water service, at such times and in such capacities as
may be necessary to allow Owner to develop the Property as set forth herein. and
WHEREAS, Owner's plans for development of the Property.as a high-quality,
residential development have been deemed by the City to be of substantial economic
benefit to the City and its citizens. Owner's plans further include creating a conservation
area for the benefit of preserving and protecting over two-thirds of the Property in its
natural state, which will be of substantial benefit to the City and its citizens, and
WHEREAS, the City has determined that it is feasible and in the Citis best
interest to extend into Owner's Property other municipal seNices, such as police
protection, fire protection, sewer and water service, trash and garbage removal, street
and storm drainage maintenance, and
WHEREAS, in reasonable reliance upon the provision of water and sewer
service, municipal services, and other inducements to annex, Owner has filed said
Application for Annexation pursuant to 171.044, Florida Statutes, and
WHEREAS, Owner has filed an application with the City for a large scale
comprehensive plan amendment to change the Future Land Use Map designation of the
developable portion of the Owners property designated on the Seminole County Future
Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's Future
Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling units per
acre) and to change that portion of the Owner's property designated on the Seminole
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County .Future Land Use Map as "Conservatlon Overlay" to the City's Future Land Use
Map designation of "Conservation," and
WHEREAS. Owner has made an application to the City to rezone the
developable portion of Owner's property from Seminole County Zoning Map designation
A-1 "Agriculture" to the City's Zoning Map designation R-1A "One-Family Dwelling
District," and
WHEREAS, Owner is further willing to annex if the City agrees to cooperate in
the effort to amend its Comprehensive Plan Future Land Use Map to accommodate and
be. consistent with the land uses permitted for residential uses as described herein and
otherwise do what is reasonably necessary to rezone the property pursuant to these
land uses. and
WHEREAS, the first reading of Ordinance 694 to annex the property was held on
January 12, 1998 and the second reading and public hearing of Ordinance 694 was
held on January 26, 1998, and
WHEREAS, the first reading of Ordinance 695 to adopt the large scale
comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map
designation of the property was held on January 12, 1998 and the second reading and
public hearing of Ordinance 695 was held on January 28, 1998, and
WHEREAS, the first reading. of Ordinance 696 changing the Zoning Map
designation of the property was held on January 12, 1998 and the second reading and
public hearing of Ordinance 696 was held on January 26. 1998, and
WHEREAS, Owner and City believe that it is in the best interest of each party to /'
enable the Property to be developed substantially in accordance with the preliminary /
development plan attached hereto as Exhibit liB" (the "Preliminary Development Plan")
and as further described herein, in accordance with Part II of Chapter 163, Florida
Statutes, the Local Government Comprehensive Planning and Land Development
Regulation Act (the "Act"), other applicable Florida Law and the Charter and Code of
Ordinances of. the City, and
WHEREAS, City and Owner hereby acknowledge and warrant to the other that
this Agreement and any future acts as required hereby are binding and enforceable on
the City and Owner in accordance with their terms, and
WHEREAS, the agreement of the City to provide inducements as set forth in this
Agreement (including land use approvals) and be bound by this Agreement, as well as
the City's assurance to the Owner that this Agreement is enforceable against the City
and that the City will not seek to thwart enforcement based on any claim of invalidity,
are all material inducements to the Owner to enter into this Agreement, and the Owner
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would not voluntarily annex into the City or enter into this Agreement but for such
agreement and assurances by the City, and
WHEREAS, Owner has already made and will continue to make financial
commitments and has paid and will continue to pay substantial sums of money in
contemplation of the rezoning and redesignation of land use to develop the Property,
and
Accordingly, in consideration of mutual benefits, the public interest and other
good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
SECTION 1. RECITALS: EXHIBITS. The above recitations are true and
correct, are hereby incorporated herein by reference, and form a material part of this
Agreement. All exhibits to this Agreement are hereby deemed a part hereof.
SECTION 2. AUTHORITY. This Agreement is entered into under the authority
of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general
powers conferred upon municipalities by statute and otherwise (including Chapter 163
and 166, Florida Statutes), and the City's Charter.
SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT.
A Owner filed with the City, on August 2, 1995, an Application for
Annexation of the Property, which is conditioned upon the adoption of this Agreement.
The City initiated the process to accomplish the annexation in accordance with law.
8. Owner has -filed with the City, on August 2, 1995, an Application for
Comprehensive Plan Amendment in order to amend the City's Future Land Use Map to
include the Property and provide for a future land use designation for the Property of .
Lower Density Residential. The City initiated the process to accomplish the
Comprehensive Plan Amendment in accordance with law.
SECTION 4. DEVELOPMENT OF THE PROPERTY.
A The sizes, configurations and boundaries of the parcels and roadways
shown in the Preliminary Development Plan are for conceptual planning purposes only
and shall not bind Owner to develop the Property in strict conformity with the
Preliminary Development Plan. In the event of any conflict between the terms of this
Agreement and the Preliminary Development Plan, this Agreement shall control.
B. The classification labels and descriptions pertaining to the parcels and the
locations of the lake/conservation/retention areas shown in the Preliminary
Development Plan are approximate. The exact location and configuration of said
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lake/conservation/retention areas shall be subject to change pursuant to regulations of
the appropriate county, state and federal permitting agencies. The parties acknowledge
that portions of the lake/conservation/retention areas shown in the Preliminary
Development Plan may be identified as wetlands. Owner may use, develop or set aside
isolated or marginal wetlands provided that the same is in compliance with all federal,
state, county, water management district and other applicable local regulations.
. C. The parties acknowledge that the parcels in the Preliminary Development
Plan are calculated in gross acres and when developed will include, as necessary,
storm water retention and detention areas, recreation and open space, streets as well
as the lake/conservation/retention areas shown in the Preliminary Development Plan.
D. As designated in the Preliminary Development Plan, the Property shall be
developed pursuant to the standards established for zoning categories consistent with
Lower Density Residential Land Use on the City's Future Land Use Map. The City will
support and approve a rezoning to R-1A One-Family Dwelling District allowing
residential use consistent with the Preliminary Development Plan, this Agreement, and
the City's Comprehensive Plan and the City's Land Development Code.
E. The parties acknowledge that the Preliminary Development Plan shall be
the basis for Owner's development of the Property, subject to such modifications as
may be mutually agreed upon by the parties or are required by existing City ordinances.
The parties recognize that as the development process proceeds, it may be necessary
to amend the Preliminary Development Plan either (i) as may be mutually agreed upon
by the parties; or (ii) as permitted by Section 163.3233(2), Florida Statutes; or (Hi) as
required by currently existing City ordinances. The City shall do what is necessary and
within its power and authority to grant and allow development permits and approvals,
including, without limitation, platting, for the orderly' development of the Property in
accordance with this Agreement.'
F. Owner represents to the City that Owner shall establish a homeowners'
association to ultimately own and maintain the entranceway amenities and other
commonly owned amenities within the residential development on the Property.
G. Owner or its authorized representative shall submit to the City such
applications and other documentation and shall comply with such other procedures as
may be normally and customarily required by the City for comprehensive plan
amendments, rezoning, platting, site plans and other development approvals or permits.
Owner acknowledges and agrees that the City will not be responsible for any money
expended by Owner jf the Comprehensive Plan Amendment is not approved by the
State.
H. Except as otherwise set forth herein, all development of the Property shall
be subject to compliance with current City ordinances, and with regulations of state,
local and federal agencies.
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SECTION 5. PROPERTY OWNERSHIP. Owner acknowledges and represents
to the City that Owner is the owner of the Property and that Owner is empowered to
enter into this Agreement. Owner further represents that nothing in this Agreement is
barred or prohibited by any other agreement between Owner and any governmental
agency or any third party.
SECTION 6. PROVISION OF PUBLIC FACILITIES AND SERVICES.
A. The City represents that it has sufficient water capacity and pressure to
serve the Property. The City represents to Owner that the City has a ten (10) inch water
line located approximately 1,200 feet from the western boundary of the Property at
State Road 434 and that Owner has the right to connect to such water line. All lines
and connections necessary to provide water facilities and services shall be provided
from the City's water line to the Property by Owner. Owner shall, upon completion of
construction and installation of such water line, deliver to the City a statement setting
forth the cost of the construction and installation thereof. Subject to approval of FOOT,
the City represents to Owner that all necessary rights-of-way to allow installation of all
lines and connections necessary to provide water facilities and services from the City's
water line to the Property as aforesaid are available.
8. The City represents that it has sufficient sewer capacity to serve the
Property. the City represents to Owner that the City has a six (6) inch sewer line
located approximately 2,200 feet from the western boundary of the Property at State
Road 434 and that Owner has the right to connect to such sewer line. All lines and
connections to provide sanitary sewer services shall be provided from the City's sewer
line to the Property by Owner. Owner shall, upon completion of construction and
installation of such sewer line, deliver to the City a statement setting forth the cost of the
construction and installation thereof. Subject to approval of FOOT, the City represents
to Owner that all necessary rights-of-way to allow installation of all lines and
connections necessary to provide sewer facilities and services from the City's sewer line
to the Property as aforesaid are available. The City will take all steps necessary to
assure that sufficient capacity to serve the Property with sanitary sewer services shall
be available when needed for development by reserving for the Property sufficient
equivalent residential units ("ERU's") for the proposed project. The Owner shall be
required to pay annual guaranteed . revenue charges for each ERU (Water and Waste
water Equivalent Residential Unit) beginning at the time of Florida Department of
Environmental Protection construction application, and continuing annually while
issuance of a construction certificate of project infrastructure by Florida Department of v
Environmental Protection. After such five (5) year period, in the event the necessary
certification from the Florida Department of Environmental Protection has not been
received, in order for Owner to thereafter maintain the reservation of sewer capacity
described herein, Owner must thereafter pay to the City the annual reservation fee for
the sewer capacity reserved by the City for the Owner's benefit as aforesaid.
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c. The City hereby agrees that Owner has the right to delay payment of
water and sewer connection fees until issuance of each building permit by the City for
construction of a single family residence on the Property. The City hereby represents
that the current service availability charge for sewer is $1,890.00 and the current service
availability charge for water is $560.00. The Owner shall be required to pay the service
availability change applicable at the time said fees are assessed on a parcel or
property.
D. The parties' acknowledge 'and agree that it is not feasible to install
reclaimed water lines in this development; accordingly, the same shall not be required.
E. No septic tanks shall be allowed on the Property.
SECTION 7. CITY CONDITIONS OF APPROVAL.
It is hereby ORDERED AND RESOLVED by the City Commission of the City of
Winter Springs, Florida, that the property referred to as the BATTLE RIDGE
PROPERTY (hereinafter referred to as the "Property"), be annexed into the City,
designated on the Future Land Use Map and in the City's Comprehensive Plan as
"Lower Density Residential" and rezoned to R-1A subject to the following terms and
conditions:
A. Comprehensive Plan Amendment/Effective Date.
The effective date of this Agreement shall be the date on which the
Comprehensive Plan Amendment (LGftCPA-1-95) is approved by the City.
This Agreement shall be recorded with the Recording Department of the
Clerk of Courts of Seminole County within ten (10) days after execution by
the Mayor of the City.
B. Development of the Property.
1. The Property shall be developed in accordance with
Comprehensive Plan Amendment (LG-CPA-1-95) which designates
the Property City Future Land Use Map "Lower Density Residential"
(1.1 to 3.5 Dwelling Units per acre). However, the actual net
developed density shall not exceed 2.75 units per acre.
2. The property shall be developed as a residential community with
preservation of the wetlands portion of the Property in a non-
developed natural state. The uplands portion of the Property shall
be developed as a residential community in accordance with the
requirements in Chapter 20 Article III, Division 4, R-1A One Family
Dwelling District, and Chapter 9 of the Land Development
Regulations, Winter Springs City Code.
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C. Wetlands.
1. Any existing wetlands or other areas which are in the jurisdiction of
the Florida Department of Environmental Protection (FDEP), St.
Johns River Water Management District (SJRWMD), or the U.S.
Army Corps of Engineers (ACOE) shall be subject to the applicable
rules and regulations of those respective agencies.
2. Following final wetlands boundary determination and platting, but.
within one year of this Agreement, the Owner of the Property shall
convey, at no cost to the Grantee, the wetlands portion of the
Property to a responsible public or private non-profit environmental
agency reasonably acceptable to the City. Pursuant to City Code,
all wetlands shall be delineated according to FDEP, SJRWMD, and
ACOE jurisdictional lines.
3. To further protect the adjacent wetlands, Developer agrees to
design its stormwater runoff and retention system for the uplands
developable portion of the project in accordance with Outstanding
Florida Water (OFW) design criteria as established by Florida
Department of Environmental Protection and the St. Johns River
Water Management District.
4. Property will be developed in a manner to avoid any negative
impacts on any endangered plant or animal species. Further, no
construction shall be permitted within the one hundred (100) year
flood. plain line. as most recently established for this property.
D. Fire and Police. Public Safety Facilities Impact Fees.
Applicants for building permits within the Property shall comply with the
City Impact Fee Ordinances, as they may from time to time be amended,
impOSing impact fees for fire and police public safety facilities.
E. Transportation.
1. Applicants for building permits within the Property shall comply with
the City Road Impact Fee Ordinance, as it may from time to time be
amended, imposing impacts fees for transportation improvements.
2. The costs of all street signs and traffic control signs and devices
located within the Property, shall be borne by the Owner or
Developer.
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3. The Owner or Developer agrees to improve the State Road 434
project entry, as part of required installations of subdivision
improvements required by the City Code On the Property, to allow
two (2) outbound and one (1) inbound entry movements,
acceleration and deceleration lanes along State Road 434,
provided these improvements are allowed by Florida Department of
Transportation.
4. The Owner will design its internal road network to preclude
connection to adjacent properties to the east. To further assure
that the road system is not connected to future developments to the
east, Developer will dedicate on the plat or by separate recorded
instrument one foot of property on the east property line of Owner's
developable property to the project's homeowner's association as
an environmental preserve area.
F. Wall.
The Owner or Developer of the Property shall install a six (6) foot masonry
wall on that portion of the Property separating any actual residential units
from proposed commercial properties along the north side of State Road
434.
G. Building Restrictions.
The building restrictions shall be those found in the R-1A Single Family
Dwelling District, Chapter 20, Article III, Division 4 of the Code of
Ordinances of the City. They are:
1. Residential Areas: ..
a. Minimum lot size of residential sites within the Property shall
be six thousand (8,000) square feet with a minimum lot width
of seventy five (75) feet measured at the front building line.
The maximum number of lots shall be one hundred and ten
(110).
b. Building setbacks shall be;
Front: 25 feet
Side: 7.5 feet
Rear: 25 feet
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Corner lots: On corner lots, the front line setback of twenty-
five (25) feet or more must be maintained, but
a fifteen (15) foot sideline setback will be
permitted on the street sideline, provided the
corner lot faces the same way as all other lots
in the block. If the building faces the long
dimension of the lot or where corner lots face a
different thoroughfare than other lots in the
block, the wenty-five (25) foot or greater
setback must be maintained from both
thoroughfares.
c. Lot coverage.
Forty (40%) percent of the lot area is the maximum which
may be covered by the principal and accessory buildings or
structures located thereon in the R-1A One Family Dwelling
District.
d. Building height.
No building or structure shall exceed thirty-five (35) feet in
height.
e. Residential floor area.
The minimum heated/air conditioned floor areas shall be
1,800 square feet.
2. Non-residential Area.
a. The non-residential area of the Property shall comprise the
wetland areas following final boundary determination and
platting, it is the intent of the Owner of the Property that no
development occur within the wetland areas.
b. Following final boundary determination and platting, all
wetlands shall be delineated according to FOE?, SJRWMD,
and ACOE. Wetlands shall mean those areas established
as jurisdictional by these agencies.
3. Open space.
All areas lying outside primary and accessory buildings will be
counted toward open space requirements, including entranceways,
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stormwater management areas, yards, lot landscaped areas, and
easements.
4. Development plans.
a. For the duration of this agreement, except as otherwise
provided for herein, all development plans and standards
shall meet the regulations and policies of the City in effect at
the time of execution of this Agreement.
b. Where there may be a conflict between this Agreement and
the City development regulations, this Agreement shall
prevail.
c. 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.
d. Parks and recreation.
No on~sjte park or recreation facilities will be required of this
development. The developer is required to pay a fee-in-lieu
per Policy 1 of Objective E in the Open Space and
Recreation Element of the City's Comprehensive Plan.
The fee-in-Iieu will be established by the Parks and.
Recreation Director:
e. Water and Sewer.
i. The City shall provide potable water service to the
Property. The Owner or Developer will pay for the
extension of trunk lines to the buildable portion of the
Property and pay other customary costs necessary or
required in connection with such service.
ii. The sizing of the trunk line shall be sufficient only to
provide water service to the buildable portion of the
Property and to no other surrounding properties.
III. The City shall provide central sanitary sewer
collection and treatment service to the Property. The
Owner or Developer will pay for the extension of trunk
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lines to the buildable portion of the Property and pay
other customary costs necessary or required in
connection with such service.
iv. The sizing of the trunk line shall be sufficient only to
provide central sanitary sewer collection service to
the buildable portion of the Property and to no other
surrounding properties.
5. Homeowners Association:
A mandatory homeowners association will be formed to provide a
responsible entity to maintain all common areas.
6. The Developer shall make a good faith effort to have the retail
value of the completed homes and lots to be in the $180,000 and
higher price range.
H. The Developer shall make a good faith effort to have the Florida Audubon
Society designate this project as environmentally responsible.
SECTION 8. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE.
A. This Agreement shall take effect upon City Commission approval of the
Comprehensive Plan Amendment (LG-CPA-1-95) and shall remain in
effect for a period of ten (10) years from the date of execution.
B. This Development Agreement shall be binding upon all successors in
interest to the parties of the Agreement.
C. The effective date this Agreement may be extended upon request of the
Owner or Developer and City Commission approval.
SECTION 9. LAND USE ZONING AND DEVELOPMENT REGULATION
APPROVALS. The development of the project must comply with the conditions of the
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, subdivision regulations, and other applicable land development codes
in effect as of the adoption of this Agreement.
SECTION 10. CONSISTENCY. The City finds this Agreement and its terms and
conditions consistent with the City's Comprehensive Plan.
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SECTION 11. REMEDIES. The developer agrees that the only remedy for the
Owner in the event the Owner asserts the City has breached this agreement is an
action for injunctive relief in the Circuit Court of Seminole County, Florida. Owner shall
have no right to monetary damages or attorney's fees in the event the City breached
this agreement.
SECTION 12. DUE DILIGENCE. The City and Owner further covenant that they
shall immediately commence all reasonable actions necessary to fulfill their obligations
hereunder and shall diligently pur:suethe same throughout the existence of this
Agreement.
SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that
Owner may engage one or more developers or builders, other than Owner, to effect the
development of the Property, including the sale of all or portions of the Property to such
developers or builders. Upon recordation of this Agreement in the Public Records of
Seminole County, Florida, as hereafter provided, successor builders or developers shall
be bound by the terms hereof.
SECTION 14. MISCELLANEOUS.
A. Entire Agreement. This Agreement sets forth all of the covenants,
agreements and conditions between the parties hereto, and supersedes all prior and
contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained.
B. Pronouns. All pronouns and any variations thereof shall be deemed to
refer to the masculine,feminine:and neuter, singular.or plural, as the identity of the party
or parties, successors or-assigns may require.
C. Counterparts: This~Agreement: may be executed. inane or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
D. Governin9 Law. This Agreement shall be construed in accordance with
the laws of the State of Florida.
E. Severability. If one or more provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein.
F. Contraction. In the event the City fails to adopt an amendment to the
Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map
12
FROM ~07-244-5690
01 - 2 0 - 9 8 03 : 14 PM
PI:;
JAN-20-1998 14:23
GRAY HARRIS ROBINSON PA
407 244 5690 P.14/16
designating the Property as described herein or the City fails to implement any of the
conditions set forth herein, Owner shall have the right to deliver a notice to the City
requesting a deannexation and contraction of the Property which the City shall have the
absolute obligation to implement.
G. Notice. Any notice to be given in accordance with this Agreement shall
be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return
receipt requested, to the party being noticed at the following addresses:
AS TO CITY:
City of Winter Springs, Florida
1126 East State Road. 434
Winter Springs, Florida 32708-2799
AnN: City Manager
COPY TO:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
A TTN: City Clerk
AS TO OWNER:
Carl Frischkorn, President
Battle Ridge Companies, Inc.
1000 River East Drive
Belle, West Virginia 25015
COPY TO:
Frederick W. Leonhardt, Esq.
Gray, Harris & Robinson, P.A.
201 East Pine Street
Suite 1200
Orlando, Florida 32802-3068.
SECTION 15. DEVELOPMENT RIGHTS. Owner shall have the right to use and
develop the Property as described in this Agreement. Furthermore, Owner does not
waive any right to use or develop the Property arising under the common law or the
laws of the State of Florida.
This agreement is subject to 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. The
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 January, 1998.
13
??OM ~07-244-5690
01-20-98 03: 14 PM
Pl~
JAN-20-1998 14:24
GRAY HARRIS ROBINSON PA
407 244 5690 P.15/16
IN WITNESS WHEREOF, the Owner and the City have executed this Agreement as of
the day and year approved by the City.
BATTLE RIDGE COMPANIES, INC.
By:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 1998, by who is personally known to me or
produced as identification.
Signature of Notary Public
AFFIX NOTARY STAMP
(Print Notary Name)
My Commission Expires:
Commission No.:
o Personally known, or
o Produced Identification
Type of Identification Produced
14
?ROM 407-244-5690
01-20-98 03: [4 PM
P l:;
-
JAN-20-1998 14:24
GRAY RARR I S ROB Il'lSON PA
407 244 5690 P.16/16
CITY OF WINTER SPRINGS, FLORIDA
PAULP.PARTYKA,MAYOR
CITY CLERK
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument. was acknowledged before me this _ day of
, 1998, by who is personally known to me or
produced as identification.
Signature of Notary Public
AFFIX NOTARY STAMP
(Print Notary Name)
My Commission Expires:
Commission No.:
o Personally known, or
o Produced Identification
Type of Identification Produced
F; \USR\DKELLY\DEV3 .AGT
15
TOTAL P. 16
?ROM 407-244-5690
01-20-98 03: 14 PM
P 1 5
,
,
fi HI /!JI { 'IJ /I
LAND DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 4. TOWNSHIP 21 SOUTH, RANGE :31 EAST, SEMINOLE
COUNTY, F"LORIDA SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGIN AT THE NORTHEAST CORNER Of SECTION 4. TOWNSHIP 21 SOUTH., RANGE 31 EAST,
SEMINOLE COUNTY, FLORIDA; THENCE RUN SOUTH 88640'53" WEST, ALOt--IG THE NORTH LINE
or SAID SECTION 4, A DISTANCE OF 5407.95 FEET; THENCE LEAVING SAID NORTH LINE, RUN
SOUTH 00"17'58" EAST, A DISTANCE OF 898.74 FEET, TO A POINT ON THE NORTHEASTERLY
RIGHT-OF'-WAY LINE OF THE EASTERN BELTWAY; THENCE, ALONG THE SAID NORTHEASTERLY
RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: RUN SOUTH 2E"08'45" EAST, A
DISTANCE OF 1 73.24 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 5649.58 FEET AND A CHORD BEARING OF SOUTH 28'17'35" EAST; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
04'17'40" rOR AN ARC DISTANCE 423.45 FEET TO A POINT; THENCE, LEAVING SAID CURVE
RUN SOUTH 30'26'25" EAST, A DISTANCE OF 95.07 fEET, TO A POINT ON A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 7737.43 FEET AND A CHORD BEARING OF SOUTH
29"53'2'" EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 03'22'34" FOR AN ARC DISTANCE OF 455.94 FEET, TO THE POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 7743.44
FEET AND A CHORD BEARING OF SOUTH 25'18'27" EAST; THENCE RUN ~;OUTHEASTERL Y
ALONG THE ARC or SAID CURVE THROUCH A CENTRAL ANGLE OF 03'31'40" FOR AN ARC
DISTANCE OF 476.79 FEET TO A POINT; THENCE, LEAVING SAID CURVE AND SAID
NORTHEASTERLY RIGHT-OF-WAY, RUN NORTH 89"51'53" EAST, A DISTANCE OF 606.29 FEET;
THENCE RUN SOUTH 00'17'44" EAST, A DISTANCE OF 25.00 fEET, TO A POINT ON THE SOUTH
LINE OF THE NORTH 1/2 OF SAID SECTION 4; THENCE RUN NORTH 89'S' '53" EAST, ALONG
SAID SOUTH LINE, A DISTANCE OF 3070.77 FEET, TO A POINT ON THE WEST LINE Of THE EAST
1/2 OF THE NORTHWEST 1/4 OF" THE NORTHEAST 1/4 OF' THE SOUTHEAST 1/4 OF SAID SECTION
4; THENCE RUN SOUTH 00'07'42" WEST, ALONG THE SAID WEST LINE, A DISTANCE OF 648.41
FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434; THENCE RUN
SOUTH 89"38'50" EAST, ALONG SAID NORTH RIGHT-Of-WAY LINE. A DISTANCE OF 331.84
FEET, TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 or THE I\lORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 4; THENCE, LEAVING SAID NORTH RIGHT -OF -WA Y LINE, RUN
NORTH 00.02'02" WEST, ALONG SAID EAST LINE, A DISTANCE OF 319.03 FEET, TO A POINT
ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF' SAID SECTION 4; THENCE RUN NORTH 89'50'13" EAST, ALONG SAID
SOUTH LINE, A DISTANCE OF 661.88 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF. THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE RUN NORTH
00'21'31" WEST, ALONG THE SAID EAST LINE, A DISTANCE OF 306.88 FEET; THENCE, LEAVING
SAID EAST LINE, RUN SOUTH 89'51 '53" WEST. A DISTANCE OF 25.00 FEET; THENCE RUN NORTH
00'21'3'" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON THE SOUTH LINE OF. THE NORTH
1 /2 OF SAID SECTION 4; THENCE RUN NORTH 89"51'53" EAST, ALONG SAID SOU TH LINE, A
DISTANCE OF 25.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 4; THENCE RUN NORTH
00'29'5'" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAle SECTION 4, A
DISTANCE OF" 2473.71 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN SEMINOLE COUNTY, FLORIDA AND CONTAINING 296.97 ACRES MORE OR
LESS.
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