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Home My WebLink About2008 08 21 Public Hearing 501 Tuscawilla Greens Combined Preliminary/Final Development Plan and Preliminary/Final Engineering/Site Plan " P&Z AGENDA ITEM 501 Consent Information Public Hearin X Re ular August 21. 2008 Meeting MGR. /Dept. REQUEST: The Community Development Department - Planning Division requests the Planning and Zoning Board review the Tuscawilla Greens combined preliminary and final development plan, and preliminary and final engineering/site plan for a 60 unit condominium development on approximately 12.02 acres, located on the south side of Winter Springs Boulevard, adjacent to Howell Creek, and immediately adjacent to the Tuscawilla Golf and Country Club. PURPOSE: The purpose of this Agenda Item is for the Planning and Zoning Board to consider, approve, approve with conditions and/or modifications, or disapprove (1) the combined preliminary and final PUD development plan; and (2) the combined preliminary and final engineering/site plan for 60 residential condominium units. The development consists of 15 separate buildings (each building containing 4 residential condominium units and their associated 2 car garages). LAND USE AND ZONING DESIGNATION: Future Land Use Designation: Medium Density Residential (3.6 - 9.0 DU/acre) on 7.54 acres & Recreation and Open Space on 4.48 acres (site has 4.99 units per acre gross density; 7.96 units per acre net density) Zoning: 'PUD' (Planned Unit Development) Pending Items: (1 ) PUD Master Plan Amendment, (2) Preliminary & Final PUD Development Plan, and (3) Preliminary & Final Engineering/Site Plan, pending - being considered as a "package," contingent upon (4) Commission approval ofa proposed development agreement and (5) Commission approval ofa 4th amended settlement agreement. APPLICABLE REGULATIONS: Code of Federal Regulations (FEMA, 44 CFR 59, Sec. 59.1) Chapter 163, FS Chapter 166, FS Comprehensive Plan Chapter 5, City Code. Chapter 9, City Code. Chapter 20, City Code. 'f< August 21, 2008 Regular Item 501 Page 2 of 13 Settlement Agreement, as amended Proposed Development Agreement CHRONOLOGY: Final Order approving Settlement Agreement and amended Settlement Agreement No.1, recorded April 14, 1994 in Official Record Book 3102, Page 1354, Public Records of Seminole County, Florida. Second Amendment to Settlement Agreement recorded October 22, 1996 in Official Record Book 3156, Page 0454, Public Records of Seminole County, Florida. Conceptual approval for 60 residential condominium units (15 buildings), with the 4 garages in each building opening onto an internal courtyard, and on-street parking was approved by the City Commission on September 10, 2007, subject to conditions. Third Amendment to Settlement Agreement approved by the City Commission October 2, 2007 and recorded December 5, 2007 in Official Record Book 06881, pages 235-270, Public Records of Seminole County. [This amendment allows the development of the "development area" of parcel 7 into a maximum of 60 condominium units.] Combined preliminary and final engineering/site plan was received on January 30, 2008 and reviewed at the February 19, 2008 staff review. A site plan resubmittal was received on March 12, 2008 and reviewed at the April 15, 2008 Staff review. A site plan resubmittal was received on May 29, 2008 and reviewed at the July 1, 2008 staff review. At this review, staff conveyed the City Attorney's opinion that the project could proceed through the Part "A" PUD procedures. A meeting among staff, the applicant, his attorney, and the City Attorney was held on July 8, 2008 to address the development agreement, the potential for a variance or waiver, conservation easements, and removal of specimen trees. A site plan resubmittal was received on July 17,2008 and scheduled for review at the August 5, 2008 staff review (staff comments were provided to the applicant; by mutual consent between the applicant and City, no staff review was held on August 5; the applicant provided responses to staff comments). Plans for modification of the tennis courts were received on August 1,2008 and scheduled for the August 19,2008 staff review. 2 August 21, 2008 Regular Item 501 Page 3 of 13 CONSIDERATIONS: Overview: As a condition of the settlement agreement and its modifications, a maximum of 60 residential condominium units are allowed to be constructed a portion of parcel 7(15 residential buildings, 4 units each), separated from Winter Springs Boulevard by a brick wall in a manner and height similar to other walls along Winter Springs Boulevard. One associated wet detention pond will be constructed partially on the Tuscawilla Country Club site on the west side of Howell Creek as part of the stormwater management system for this project. One compensating floodplain storage area will be constructed partially on the Country Club site on the east side of Howell Creek. This development review process involves (1) amending the PUD master plan, (2) the PUD Part "A" preliminary and final development plan approval, and (3) the engineering/site plan approval. A recombination of parcels into one development parcel and a development agreement are also required (this will be done by resolution). A minor Future Land Use map amendment has already been approved for part of the site. An aesthetic review of the building architecture, fences, walls, and signage is required before building permits are issued. Site Characteristics: The site is predominantly undeveloped mesic and hydric forest associated with and including Howell Creek. The site contains mature trees and a thick vegetative under-story. An existing country club maintenance building and tennis courts are also contained along the site's western edge - these are to be replaced in other locations. The topography slopes from a highpoint of about 34 feet along the southwest side to a low of about 10 feet in the Howell Creek floodway (no development is currently proposed within the floodway, although development is proposed within the wetlands and 100 year floodplain, with proposed mitigation through the applicable agencies). This segment of Howell Creek has a 100-year floodplain elevation of approximately 19.0 feet (the 10 year flood elevation is 17.9 feet; all elevations are NOVD 1929). A tree survey is included in the plan package. The applicant's plan depicts the removal of approximately 7 on-site trees of 24" or more in diameter (specimen trees). One of these large oak trees, depicted on the tree survey near the Winter Springs Boulevard ROW, cannot be located by either the applicant or staff (there is no apparent on-site evidence that a tree existed at the noted location - it appears to be a surveying error). The project's entrance driveway off Winter Springs Boulevard aligns with an existing median opening and is directly opposite of Forest Hills Drive. A large oak tree (30") is located at the center ofthe proposed entrance driveway, just outside of the Winter Springs Boulevard right-of- way. The plans show this tree to be removed. Staff concurs that it would be difficult to preserve this tree and still maintain safe ingress/egress with adequate sight distance at the driveway intersection. The City's Arborist has opined that a large laurel oak located east of the entrance driveway and within the Winter Springs Boulevard right-of-way is in poor condition and needs to be removed before the proposed sidewalk is installed. 3 August 21, 2008 Regular Item 501 Page 4 of 13 The general soil types are shown as part of the engineering plans. The geotechnical report, storm water report, and an environmental survey have been provided. The geotechnical investigation performed for the applicant by Universal Engineering Sciences identified a layer of soils with different amounts of organic materials throughout the site. The top of the organic soils vary in depth from the ground surface to about 4-feet deep, and the thickness of the organic soils varies between 2 to 3 feet. Universal recommended that the organic soils layer be completely over-excavated and removed from under all structures, pavement areas, and retaining walls. The limits of the area to be over-excavated and backfilled with clean fill are shown on drawing 4A, "Demolition Plan." The geotechnical engineer will be required to provide the City a certification stating that the over-excavation and backfilling has been completed prior to building and pavement construction. The applicant's ecological consultant (BDA) has flagged the wetland line, pursuant to the Army Corps of Engineer's criteria. BDA's report states that the wetland is degraded on the development portion of the site. No state or federally listed animal species or evidence of their habitation was found by the applicant's ecologist. Wetlands & Floodplain: The plans depict 2.7 acres of on-site wetland impact and 0.2 acre of off-site wetland impact, with associated wetland creation and wetland preservation. Twelve (12) of the 15 proposed buildings appear to be located at least partially within the current wetland boundary. Six (6) of these buildings are located at least partially within the 1 DO-year floodplain. Future Land Use Element Policy 1.1. 7 states, "Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas, hydric soils/wetlands (as defined in the Conservation Element), special vegetative communities, areas within a public water well radii of 500 feet, 100 year floodplain areas, and other areas subject to environmental or topographic constraints. Conservation Overlay areas are subject to the following conditions for approval: . A final determination of the suitability for development of any individual parcel, as it relates to a Conservation Overlay area on the Future Land Use Map, shall be determined prior to issuance of any development approval. . The Conservation Overlay area on the Future Land Use Map is not to be considered the exact boundary of the conservation area, but to act as an indicator of a potential conservation area. The exact boundary shall be determined by a qualified professional at the expense of the Developer. . The Conservation Overlay area is not all inclusive and other areas that do not fall within the boundaries that meet the definition of conservation areas are also subject to the regulations affecting them. . Development approval will be subject to an Environmental Impact Study as to the extent of the impact of development or redevelopment for any lands within Conservation Overlay areas. 4 August 21, 2008 Regular Item 501 Page 5 of 13 . Natural resources discovered as a result of the required Environmental Impact Study will be protected. The Environmental Impact Study will require that a qualified professional analyze the natural functions of eco-systems and connectivity of resource corridors. A conservation land use designation or a conservation easement will be required to protect the functions of natural resources. Mitigation may be allowed on a case by case basis through the appropriate reviewing agencies. . If an area within the Conservation Overlay area is determined to be developable and all mitigation requirements have been met, then the underlying land use on the Future Land Use Map will apply. . A change from conservation overlay to a conservation land use designation will not require State approval if the area is already shown as conservation overlay on the Future Land Use Map. . Any property in a Conservation Overlay area is encouraged to undergo the planned unit development procedure which includes site specific plan approval and the clustering of density to protect these areas. " Conservation Element Policy 1.4.2 states the following about wetland protection and mitigation: "In order to prevent development from having adverse impacts to existing wetlands, the natural upland buffer shall be preserved a minimum of twenty-five (25) feet from the edge of the wetland. Where a wetland is unavoidably impacted by development, the development shall be subject to the mitigation requirements of the pertinent regulatory agency. Additional upland buffers may be required to ensure the preservation of natural systems, and their possible use for treated effluent disposal and storm water management systems. Such standards shall be included within the Code of Ordinances. " Conservation Element Policy 1.4.3 requires wetlands and their respective buffers to be dedicated to the City via a conservation easement. Conservation Element Policy 1.4.5 states the following: "If direct impact on upon [sic] wetlands by compatible uses cannot be avoided, the following mitigation measures are applicable: . Mitigation will be allowed based upon no net loss of wetland functions. . Comply with the wetland protection standards of federal, state, regional, and county agencies. . Minimize impacts through innovative design layouts. . Compensate for impact by enhancing other degraded wetlands on-site, restore natural functions of other wetlands on-site, create new wetlands on-site, preserve significant upland areas, or off-site mitigation. . A Wetland Alteration Permit must be obtained from the City unless federal, state, or county permits eliminate the need to obtain one from the City, as determined by the City. 5 August 21, 2008 Regular Item 501 Page 6 of 13 . Mitigation through restoration of degraded wetlands on-site or preservation of significant upland areas on-site will be encouraged rather than wetland creation. " At the proposed site, the FEMA flood maps identify Howell Creek as being within the 100-year floodplain. The 100-year floodplain is an area representing the land subject to a one-percent or greater chance of flooding in any given year. At a creek or river, the FEMA flood maps frequently divide the area of the 100-year floodplain into a "regulatory floodway" and a "floodway fringe" (see sketch below). The regulatory floodway is the flowing portion of the drainage channel and is considered an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential (ref. City Code Section 8-55). Because of its hazardous nature, all encroachments into the regulatory floodway are prohibited under the City Code, including fill. The Tuscawilla Greens project does not encroach into the regulatory floodway. The concept plan originally showed an encroachment into the floodway; however, subsequent modifications to the site plan removed the floodway encroachment. 100Year Floodplain 100 Year r- lOOYllar \J~_L~_~~hed Floo<lw$y FIOOd""'l' Frin(Ie (a) Cross SecIIon "--FIoodwlIy Fringe tb) Plan View The floodway fringe is the area between the floodway and the 100-year floodplain boundaries. Tuscawilla Greens does encroach into the floodway fringe portion of the 1 OO-year floodplain with a total proposed encroachment volume of approximately 1,348 cubic yards. The concept plan for Tuscawilla Greens was approved with the condition that any encroachment into the floodplain would not have an adverse impact on the Howell Creek channel in terms of both the creek velocity and peak storm stage. In addition, City Code Section 9-241 (e) requires that 6 August 21,2008 Regular Item 501 Page 7 of 13 existing flood storage quantities not be reduced by development from that which existed on-site prior to development. To meet these conditions, a compensating storage pond is proposed on the east side of Howell Creek at the southeast corner of the property. The compensating storage pond provides 6,243 cubic yards of additional floodplain storage volume, which more than offsets the 1,348 cubic yards of encroachment. The compensating storage volume is the excavated portion of the pond below the 100-year floodplain elevation (approximately 19.0) and above the seasonal high groundwater table elevation (approximately 16.5 per the geotechnical report). The stormwater analysis indicates that the development will not have an adverse impact on the peak stage or peak velocity in Howell Creek. Stormwater: Stormwater runoff from the site currently discharges into Howell Creek, which discharges into Lake Jesup. Lake Jesup is an impaired water body due to excessive levels of nitrogen and phosphorous. The Total Maximum Daily Load (TMDL) program mandated by the state requires reductions in pollutant discharges in the Lake Jesup Basin to restore the lake's water quality. The St. Johns River Water Management District requires new developments having a direct discharge to the lake to demonstrate no net increase in pollutant loadings between the pre and post-development conditions. The Tuscawilla Greens stormwater management system has been designed to meet the SJRWMD criteria, in part by collecting stormwater runoff from the site and surrounding offsite areas of the Tuscawilla Country Club and Winter Springs Boulevard. Transportation: Ingress / Egress: The development proposes to have all of its direct ingress through the main entrance located on the south side of Winter Springs Boulevard, directly aligning with Forest Hills Drive. Winter Springs Boulevard is a divided 2-lane City collector road. Public safety and subsections 9-155 (a) and (b) specify that roadways either align (intersect at 90 degree angles whenever possible) or be substantially offset (at least 150 feet). The plans align the project's entrance with Forest Hills Drive. Emergency ingress/egress, along with golf cart, bicycle, and pedestrian access, is provided via a cart path stabilized to allow emergency response teams to enter or exit the site from the west (connecting with the country club site) if the primary ingress/egress were blocked (pursuant to National Fire Protection Association I Chapter 18, 2003 Ed.). Private 40 Foot Rights-of-way: The site is proposed with a gate and private cul-de-sac roadways that have a 40-foot wide right- of-way width and do not incorporate sidewalks. Section 9-157 allows for private gated developments. Roadway widths, cross-sections, and sidewalk specifications are set forth in section 9-296 and 9-221. Staff does not support narrower right-of-ways that do not incorporate sidewalks or have sub-standard sidewalks. The PUD "A" approval process requires the applicant to demonstrate how unique site characteristics make these code requirements unnecessary. 7 August 21, 2008 Regular Item 501 Page 8 of 13 Staff does not find the applicant's response to this requirement adequate. The development agreement states that the private 40 foot right-of-way was designed at the request and sole risk of the developer and will not become part of the City's public roadway system. The response does not tie the request to unique site characteristics. Traffic Impacts: Pursuant to Trip Generation, ih Edition, by the Institute of Transportation Engineers, 60 condominium units will generate 352 average annual week day trips (60 x 5.86 = 351.6). This quantity of trips required a traffic study (pursuant to Traffic Element Policy 1.1.3.) during development review. A traffic study was submitted by the dcvclopmcnt team and was found acceptable by the City Engineer. No off-site improvements were deemed necessary nor were any level of service deficiencies projected for a 60-unit residential condominium development at this location. Pedestrian Connectivity: Pedestrian mobility is greatly influenced by the availability of adequate sidewalks and other pedestrian facilities within a development and between a development and its surroundings. There is currently no sidewalk along the south side of Winter Springs Boulevard from Tuscora Drive (at the Tuscawilla Country Club main entrance) to Greenbriar Lane. The project proposes the addition of a sidewalk along approximately 750 to 800 feet of the abutting portion of the Winter Springs Boulevard right-of-way. The remaining sidewalk gaps from Tuscora Drive to the site (approximately 950-feet) and from the site east to Greenbriar Lane (approximately 600-feet) would need to be installed by the City at a later date. The segment from the site to Greenbriar Lane will require modification of the existing bridge over Howell Creek or construction of a separate pedestrian bridge. Wedgewood Tennis Villas (platted in 1980), the subdivision immediately north of the proposed development, was constructed without an internal sidewalk system, although a sidewalk along the north side of Winter Springs Boulevard abuts the subdivision. The sidewalk system along Winter Springs Boulevard connects the development site to the country club, the commercial center at the comer of Northern Way and Winter Springs Boulevard (at Gary Hillery Drive), Sam Smith Park, and the Bear Creek Nature Trail. No internal sidewalk system is proposed, although a cart path will connect the development to the country club. The applicant states that a number of the residents will likely have golf carts. The City Attorney has opined that the Comprehensive Plan does not require sidewalks within the development and the applicant seeks relief from the code requirement for sidewalks through the development agreement. PLANNED UNIT DEVELOPMENT PUD Part "A" The City Code provides for two (2) different types of PUD approvals: Part A and Part B. The City Attorney opined that the project may proceed under the Part "A" PUD requirements. Section 20-352 of the City Code sets forth the purpose and intent of the Part "A" PUD as follows: 8 August 21, 2008 Regular Item 501 Page 9 of 13 (1) "To provide for planned residential communities containing a variety of dwelling unit types and arrangements, with complimentary and compatible commercial centers with supportive residential and/or complimentary and compatible residential and/or commercial land uses, all designed to promote the public health, safety and general welfare. (2) To allow diversification of uses, structures and open spaces compatible with adjacent land uses. (3) To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open space areas. (4) To encourage flexible and creative concepts in site planning that will allow an increase in the amount and usability of open space that is possible through conventional practices. (5) To encourage an environment of stable character. (6) To encourage a more efficient use of land and smaller networks of utilities and streets than is possible in other zoning districts. (7) To allow for the creation of well-balanced communities that provide basic recreational and supportive facilities. (8) To ensure that development will occur according to the limitations of use, design, coverage and phasing as stipulated on the preliminary and final development plans." Subsection 20-353 (1) states the following about permitted uses in Part "A" PUDs: "Planned residential communities. Residential dwelling units, including but not limited to detached single-family, patio homes, garden apartments, condominiums, cooperative apartments, townhouses, provided that all are compatible with each other; complimentary and compatible supportive commercial and/or industrial land uses designed to create an aesthetically pleasing and harmonious environment." "Gross residential acre. An acre of land committed to the explicit use of residential buildings or structures or which provides access to or contributes to the amenities of residential development, such as parks, open space, parking lots, etc. Land devoted to schools shall not be included. Areas primarily dedicated to water or utility related uses may be included in calculating gross residential acre, if incorporated into a final development plan as a significant amenity to the residential development." Section 20-354 of the Code sets forth the Part "A" PUD development standards"... to ensure adequate levels of light, air, and density; to maintain and enhance locally recognized values of community appearance and design; to promote the safe and efficient circulation of pedestrian and vehicular traffic; to provide for orderly phasing of development, and to protect the public health, safety and general welfare." Subsection 20-354 (d) states that the standards set forth for Part "A" PUDs ".. . apply unless waived by the city commission, specifically finding after receiving recommendations from the planning and zoning board, that the unique characteristics of the development in question make unnecessary the application of one (1) or more of these provisions in order to carry out the intent and purpose of the planned unit development district..." The proposed plan is not consistent with all of these standards and the applicant has been advised of the need to 9 August 21, 2008 Regular Item 501 Page 10 of 13 demonstrate the unique characteristics of the development that warrant the deviations from the code. The inconsistencies include (1) Chapter 9 street design standards, (2) provision of illuminated internal sidewalks, separated wherever practical from the vehicular passage- ways, and (3) the 50 foot building setback from the mean high water level of any stream or body of water (Buildings 5, 9, and 10 are depicted very close to the floodway and are potentially in conflict with this provision). The applicant must further demonstrate compliance with the standards set forth in Subsection 20-354 (d) (1) or provided adequate explanations as to why unique characteristics of the development make unnecessary this subsection's application. Subsection 20-354 (d) (1) reads as follows: "The natural topography, soils and vegetation shall be preserved and utilized, where possible, through the careful location and design of circulation systems, buildings and structures, parking areas, and open space and recreation areas. Removal of mature trees shall be compensated through the installation of landscaping materials." Section 20-355 sets forth the procedures for approvals through the Part "A" PUD. Subsection 20-355 (11) requires the Planning and Zoning Board and City Commission to review the final PUD development plan and make findings of fact upon the following: a. Whether there is substantial compliance with the intent and purpose of the PUD district and the approved preliminary development plan. b. Whether the phase of development in question can exist as an independent unit capable of creating an environment of substantial desirability and stability. c. Whether existing and proposed utilities and transportation systems are adequate for the population proposed. Section 20-356 sets forth the required exhibits for the Part "A" PUD preliminary development plan and states in Subsection 20-356 (14) that "In order to protect the public interest, the planning and zoning board and/or city commission may request any additional information deemed necessary for the decision-making process. Submittal of this additional information is at the option of the applicant, although failure to submit the requested information could result in the denial of the application." Section 20-357 sets forth the required exhibits for the Part "A" PUD final development plan. Subsection 20-357 (14) makes the same statement about additional information as is set forth in Subsection 20-356 (14), above. CODE DEVIATIONS: The applicant proposes a number of code deviations, documented in a development agreement, which requires the City Commission's approval. The following code deviations are reflected in the applicant's proposal: 1. The site is designed with 40 foot wide right-of-ways that do not conform to the City's specifications set forth in sections 9-147, 9-297, and 20-354 (Subsection 20-354 (d) (10)). Staff does not support this deviation, even though the streets are private. This 10 August 21, 2008 Regular Item 501 Page 11 of 13 deviation has been implemented on another project within the City and has resulted in inadequate parking space depths outside the garages. 2. The site is designed with some driveway curb-cuts onto the vehicle passageway closer to each other than the 12 foot minimum separation set forth in Section 17-29. Several driveways have zero separation from the adjacent driveway curb-cut. While not favored, some other residential projects within the City are designed with less than 12 feet of separation between driveway curb-cuts. 3. The site is designed without internal sidewalks, as required by sections 9-221 and 20-354 (Subsection 20-354 (d) (12)). While staff does not support this deviation, Subsection 9-221 (b) does allow the City Commission to waive the requirement for sidewalks if it determines this waiver to be in the interest and welfare of the environment. No residential subdivision or condominium proiect has been approved by the City within the last 7 years without internal sidewalks. 4. Individual garbage pick-up is proposed, in conflict with the dumpster requirement of Section 9-280. Staff supports this deviation. Other recent multi-family residential projects have successfully incorporated individual garbage pick-up. 5. The site lighting approval will not be held with the final engineering/site plan, as required by Section 9-46 and Section 9-73, due to delays typically experienced with the power companies. No residential certificate of occupancy is to be granted until the appropriate street lighting is in place and functioning. Staff supports this deviation, wherever the power company design is involved. FINDINGS: 1. The proposed development is within the Tuscawilla Planned Unit Development (PUD) and is depicted on the zoning map as PUD. 2. The buildings within the development are proposed on land with a Medium Density Residential Future Land Use designation, which allows a residential density range of 3.6 to 9.0 dwelling units per acre. Other parts of the development have a Recreation and Open Space Future Land Use designation. Much of the site is depicted on the Comprehensive Plan Future Land Use map with a Conservation Overlay area. 3. The applicant is in the process of amending the Master Plan for this portion of the Tuscawilla PUD. 4. The existing third amended settlement agreement must be further amended to allow the proposed decorative fence with columns instead of a brick wall. 5. The existing third amended settlement agreement requires that one battery (2 tennis courts) of tennis courts be relocated off-site and that one additional battery (relocation of 2 tennis courts + 2 additional tennis courts = a total of 4 tennis courts) be constructed by the applicant. At least one battery of tennis courts (of the 2 new batteries) must be constructed and made ready for play before the relocated tennis court is discontinued for play and demolished. 6. The City Attorney has opined that the Comprehensive Plan (e.g. Transportation Element Objective 1.5 and its associated policies 1.5.1 through 1.5.17) does not require sidewalks within the development. The Applicant is proposing a deviation from the Code sidewalk requirements of Chapter 9 and Chapter 20 through a development agreement. 11 August 21, 2008 Regular Item 501 Page 12 of 13 7. Any deviations from the Code must be addressed through a development agreement, special exception, variance, or some other appropriate mechanism. The requested deviations are listed in a draft development agreement. 8. The City Attorney has opined that the applicant's choice to pursue the Part "A" PUD is appropriate. 9. Staff does not support the deviations from the Code for (a) providing 40 foot wide right-of-ways that are inconsistent with the Section 9-296 ROW cross-sections (b) not providing on-site sidewalks separated wherever practical from vehicular passage-ways as required by Section 9-221 and Section 20-354 and (c) providing multiple driveways per building closer than the 12 foot minimum separation where they meet the roadway surface, as required by Section 17-29. 10. To meet the Comprehensive Plan (Conservation Element Policy 1.4.5) requirement for developing in the wetlands, the applicant must demonstrate that the project will "minimize impacts through innovative design layouts." The applicant has stated that the development portion of the site consists of the lower quality wetland and upland habitats, while the higher quality wetlands and upland habitats associated with Howell Creek have been largely preserved. 11. Pursuant to Subsection 20-354 (d) (1), the applicant must demonstrate that "The natural topography, soils, and vegetation shall be preserved and utilized, where possible, through the careful location and design of circulation systems, buildings and structures, parking areas, and open space and recreation areas. Removal of mature trees shall be compensated through the installation of landscaping materials." While the applicant has chosen to develop the lower quality wetlands and uplands of the site, the project design prevents the use of natural topography and the preservation of existing vegetation in the development area. 12. Pursuant to Subsection 20-354 (d) (7), the applicant must demonstrate that "Building setbacks from the mean high water level of any lake, stream or body of water, shall be at least fifty (50) feet. Other minimum setbacks.. . shall be proposed by the applicant, reviewed by the staff and the planning and zoning board, and approved or modified by the city commission." The applicant states that the buildings are located in excess of the 50 feet and staff believes that at least three (3) buildings may be located within the 50 feet, based upon the location of these buildings compared to the approximate horizontal location of the mean high water level of Howell Creek. This appears to be a deviation from Subsection 20-354(d) (7) that would need to be documented in a Developer's Agreement, unless the applicant is able to demonstrate that the horizontal limits of the creek at mean high water level are more than 50-feet from any building. 13. Pursuant to Subsection 20-354 (d), in order to waive the standards for Part "A" PUDs, the applicant must demonstrate "that the unique characteristics of the development in question make unnecessary the application of one (1) or more of these provisions in order to carry out the intent and purpose of the planned unit development district." Staff has detailed in previous fmdings where there appears to be insufficient justification for the requested deviations. 14. The applicant must obtain all of the necessary storm-water, wetland, and floodplain approvals and/or permits from the pertinent agencies before site work may commence. 12 August 21, 2008 Regular Item 50 1 Page 13 of 13 15. A site lighting plan that meets City standards must be approved and installation must be completed prior to any residential certificate of occupancy at the site. RECOMMENDATION: Staff recommends a separate vote on each item (1. the combined preliminary and final Part "A" PUD plans and 2. the combined preliminary and final engineering/site plan). Staff cannot recommend approval of either item, since neither submittal meets certain minimum City Code specifications, without an adequate explanation or justification - as required by Code. At minimum, the Planning and Zoning Board should request that the applicant provide substantial responses to "Findings" No. 10 through 13, above. ATTACHMENTS: A - Location Map B - September 10, 2007 Concept Approval Agenda Item C - September 10, 2007 Commission Minutes D - October 2,2007 Agenda Item, 3rd Amended Settlement Agreement E - October 2, 2007 Commission Minutes F -PUD Combined Preliminary & Final Development Plan, & Combined Preliminary & Final Engineering / Site Plan COMMISSION ACTION: 13 L____________. ATTACHMENT A I \./ , / I I ! ...........:... i . . f I Continued Pg J I t Continue P 2623 ~ . .."~. i wi u'. 43~~r.. /~(J. ...... \. ...., .F {~ ' - '799..'.. / /.;v /(V" ~ _i-;"\~\~"{~ ~t '~.,-~ \~ "'!'t;:,. ~ f"I')lv.l\~" ~f\ -...J\ ; '",-_ ~~, (~J"J ~L.i L I L_:~01J:'''m''E /55/ I ,. i I j "t " y \ H w "~- -"'-..... 6131553 \/ IJI DedI' ' ..........~<'~.. '\., G~ F M \D ~ bI) EP-. "d >I) ;:l .S E o u M D f?= c B A ~\ , \ t 8 Municipal Address Map Book PRINTED: REVISED: July 2005 1: 2 City of Winter Springs, FL o 200 ro.r......... . 400 I Feet 3 Map Page 2632 Developed By: Southeoj.tern Sun'eying & Mapping Corp. ATTACHMENT B COMMISSION AGENDA ITEM 600 Consent Information Public Hearin Re ular X September 10.2007 Meeting MGR.~ /Dept. REQUEST: The Community Development Department and Public Works Department requests the Commission consider a conceptual development plan for a 60 unit condominium development on a portion of 135.56 acres (according to the application), located on the south side of Winter Springs Boulevard, adjacent to Howell Creek, within the Tuscawilla Golf and Country Club and the Tuscawilla Planned Unit Development (PUD). Staff estimates the parcel size to be approximately 10 acres. PURPOSE: The purpose of this Agenda Item is for the Commission to consider, provide comment on, and approve, approve with conditions and/or modifications, or disapprove a conceptual development plan for 60 condominium units (15 buildings) within a portion ofthe Tuscawilla Golf and Country Club, located just east of and including a portion of the tennis courts at the Country Club. SUMMARY STATEMENT: Development rights exist on the proposed site. As specified in the Settlement Agreement between the City and the Country Club, 19 single family units can be built upon the site. The developer proposes to build up to 60 high end luxury condominiums on the proposed site. The construction of the proposed condominiums would require an amendment to the Settlement Agreement between the City and the Country Club. The site involves wetland, floodplain, and floodway issues, all of which can be mitigated. The wetlands have been determined to be low quality and easily mitigated. The floodplain issues can be mitigated by engineering techniques which maintain the current volumes, velocity, and elevation characteristics of the floodplain. The floodway issues can be mitigated by documentation of the existing conditions which are inconsistent with FEMA maps. September 10, 2007 Regular Item 600 Page 2 of9 The development potential of the site is as follows: Mitigation Strategy Building Units 1. No mitigation - avoiding wetlands, floodplain, and floodway 2. Mitigating wetlands only 3. Mitigating wetlands and floodplain only 4. Mitigating wetlands, floodplain, and floodway 12 48 56 60 Due to the expense and time involved in mitigating the floodway and the small number of units that would be realized through this mitigation strategy, the developer may want to avoid this mitigation altogether, or include it in a future phase of development. Approval of the concept plan will need to be contingent upon the successful solution of these and other less difficult site issues. ZONING AND LAND USE DESIGNATION: Zoning: pun Future Land Use Designation: Recreation & Open Space with a Conservation Overlay I Medium Density Residential pending APPLICABLE REGULATIONS: Code of Federal Regulations (FEMA, 44 CFR 59, Sec. 59.1) Comprehensive Plan Chapter 5, City Code. Chapter 8, City Code. Chapter 9, City Code. Chapter 20, City Code. Settlement Agreement CONSIDERATIONS: 1. The proposed development site is located on the south side of Winter Springs Boulevard, just east of and including a portion of the existing tennis courts at the Tuscawilla Golf and Country Club. 2. The proposed development site contains wetlands, the 100 year floodplain, and the regulatory floodway of HoweU Creek, which drains more than 55 square miles (an area almost 4 times the size ofthe City of Winter Springs). The Howell Creek Basin is located in both Orange and Seminole counties, with its headwaters in the City of Orlando. 3. The property has a Future Land Use (FLU) designation of "Recreation and Open Space". The applicant proposes to amend the FLU designation to "Medium Density Residential" to make it consistent with the development rights granted to the property by the aforementioned Settlement Agreement. 2 September 10, 2007 Regular Item 600 Page 3 of9 4. Future Land Use Element Policy 1.1.7 states, "Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas, hydric soils/wetlands (as defined in the Conservation Element), special vegetative communities, areas within a public water well radii of 500 feet. 100 year floodplain areas, and other areas subject to environmental or topographic constraints. Conservation Overlay areas are subject to the following conditions for approval: . A final determination of the suitability for development of any individual parcel, as it relates to a Conservation Overlay area on the Future Land Use Map, shall be determined prior to issuance of any development approval. . The Conservation Overlay area on the Future Land Use Map is not to be considered the exact boundary of the conservation area, but to act as an indicator of a potential conservation area. The exact boundary shall be determined by a qualified professional at the expense of the Developer. . The Conservation Overlay area is not all inclusive and other areas that do not fall within the boundaries that meet the definition of conservation areas are also subject to the regulations affecting them. . Development approval will be subject to an Environmental Impact Study as to the extent of the impact of development or redevelopment for any lands within Conservation Overlay areas. . Natural resources discovered as a result of the required Environmental Impact Study will be protected. The Environmental Impact Study will require that a qualified professional analyze the natural functions of eco-systems and connectivity of resource corridors. A conservation land use designation or a conservation easement will be required to protect the functions of natural resources. Mitigation may be allowed on a case by case basis through the appropriate reviewing agencies. . If an area within the Conservation Overlay area is determined to be developable and all mitigation requirements have been met, then the underlying land use on the Future Land Use Map will apply. . A change from conservation overlay to a conservation land use designation will not require State approval if the area is already shown as conservation overlay on the Future Land Use Map. . Any property in a Conservation Overlay area is encouraged to undergo the planned unit development procedure which includes site specific plan approval and the clustering of density to protect these areas. " An Environmental Impact Study is required to identifY the natural functions of eco-systems and connectivity of resource corridors and suitability of the site fur development. S. The applicant has submitted a small scale comprehensive plan amendment for 7.87 acres (5.7 & 2.17 acres), although the metes and bounds description identifies 9.902 acres, to change the Future Land Use designation from Recreation and Open Space to Medium Density Residential 3 September 10, 2007 Regular Item 600 Page 4 of9 6. The applicant's ecological consultant (BOA) has flagged the wetland line, pursuant to the Army Corps of Engineers' criteria. The consultant's report (please see attached) states the wetland is degraded and that there were no observations or evidence of protected species on-site. 7. The original Settlement Agreement, dated April 21, 1994, defines the subject property as "Development Property" and requires it to be developed as single family detached residential. The second amendment to the Settlement Agreement, dated September 30, 1996, allows the subject property to be developed into not more than nineteen (19) detached single family residential lots. The Settlement Agreement does not allow for condominium units and does not allow for 60 units on the subject property. The City Commission must authorize an amendment to the Settlement Agreement in order to proceed with this project. 8. The Tuscawilla PUD master plan must be amended to allow development of this site for residential condominiums. Floodplain I Floodwav Impacts: A portion of the site is within the 100-year floodplain along Howell Creek. A total of six buildings (24 writs total) are proposed at locations which impact or potentially impact the floodplain. These impacts are discussed in more detail below. 9. Infrastructure Element Objective IV-D-3 states "The City shall restrict development within the 1 DO-year floodplain to those uses which will not adversely affect the capacity of the floodplain to store water. .. 10. Infrastructure Element Policy IV-D-3.3 states "Where feasible, the floodplain shall be reserved for conservation, open space and recreation uses to preserve the natural flow of runoff. .. 11. Section 8-55 of the City Code, Standards for regulatory floodways, states "When jloodways are designated within areas of special flood hazard, additional criteria will be met. Since the jloodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments. (2) The prohibition shall not preclude the city or other governmental agency from peiforming maintenance or jlood control improvements in the jloodway to maintain the viability of the floodway. .. 12. Howell Creek is a major regional floodway that flows through the site from south to north across the southeast portion of the property. Howell Creek originates in the City of Orlando and runS for approximately 15 miles to its discharge point at Lake Jesup. Howell Creek is the predominant drainage feature in the Howell Creek Basin, which has an overall watershed area of approximately 55 square miles and encompasses ten jurisdictions in Central Florida. 4 September 10, 2007 Regular Item 600 Page 5 of9 13. At the proposed site, the FEMA flood maps identify Howell Creek as being within the 100- year floodplain. The I DO-year floodplain is an area representing the land subject to a one-percent or greater chance of flooding in any given year. At a creek or river, the FEMA flood maps frequently divide the area of the lOO-year floodplain into a "regulatory floodway" and a "floodway fringe" (see sketch below). The regulatory floodway is the flowing portion of the drainage channel and is considered an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential (ref. City Code Section 8-55). Because of its hazardous nature, all encroachments into the regulatory floodway are prohtbited under the City Code, including fill. The floodway fringe is the area between the floodway and the I DO-year floodplain boundaries. Encroachments into the tloodway fringe are not prohtbited by the City Code but are not recommended due to the impacts these encroachments could have on the channel cross section and the hydraulic performance of the channel. ______ _______l~!.~!:~p~~______________.J :.~-!:-~?at.d I . . - ---~~--=-;-- - t"\. ' j- SIMon __) SlaIlOll FIoodwlIy FIood..ay fmg. (a) Cross s_ (b) Plan View 14. The Tuscawilla Greens site plan shows two encroachments into the regulatory floodway. One is at the building located at the east end of the east cul-de-sac, and the other is at the proposed stormwater pond at the south end of the site. These encroachments are prohtbited by City Code and cannot be allowed unless the floodway limits on the FEMA map are officially moved by a Letter of Map Revision (LOMR). The developer has indicated that they intend to pursue a LOMR through FEMA to relocate the floodway limits based on inaccuracies on the existing flood 5 September 10, 2007 Regular Item 600 Page 6of9 map. The floodway limits for Howell Creek on the flood map do not coincide with the actual limits of Howell Creek in some areas, especially near the north end ofthe site where the creek meanders to the east. Staff supports changes to the flood maps that make them more accurate when sufficiently supported by engineering analysis. 15. The proposed concept plan consists of two phases. Phase I consists of 14 buildings and includes all buildings that do not directly encroach into the regulatory floodway. Phase II is shown with the one building that encroaches into the regulatory floodway. Phase I includes two buildings that impact the floodway fringe. and another three buildings that could impact the floodway fringe with fill depending on how the site is graded. Each building contains four condominium units. Encroachments into the floodway fringe are not recommended. Impacts to the floodway fringe can be minimized through the use of retaining walls. The table below summarizes the lOO-year floodplain impacts as shown on the concept plan. Summary of 100- Year Floodplain Impacts Condominium Units Condominium Units Condominium Units that I Encroaching the Encroaching the may impact the Floodway Existing Regulatory Floodway Fringe Fringe due to fill Floodway Phase I 0 8 12 Phase II 4 0 0 Total 4 8 12 16. To mitigate the floodplain impacts, the concept plan shows two compensating storage ponds. Compensating storage ponds are required by the City Code to provide a stormwater storage volume equal or greater than the areas within the floodplain that will be filled. 17. Staffhas concerns about possible encroachments into the lOO-year floodplain at this site, for the fullowing reasons: 1. Howell Creek is a floodway of regional significance that drains a watershed 55 square miles in area Changes to the channel cross section, including encroachments into the tloodway fringe, could reduce the channel capacity and/or create additional adverse impacts. 2. Creek bank erosion has been a problem in the past at this location for several adjacent Chelsea Parc properties abutting the east side of Howell Creek. In 2005, a creek bank stabilization project was constructed along the east side of the creek under the City's emergency watershed management agreement with the Natural Resources Conservation Service. The project included retaining walls and other erosion control items at a total cost of approximately $48,000. 3. The compensating storage ponds are located upstream ofthe floodplain areas impacted by the project. While the overall compensating storage volume may be sufficient, the changes to the channel cross section at the floodplain encroachment areas could still cause floodplain changes not completely mitigated by the compensating storage ponds. 6 September 10, 2007 Regular Item 600 Page 7 of9 18. Based on the concerns listed above, staff recommends that the site layout be modified to eliminate all impacts to the lOO-year floodplain. If encroaclunent into the 100-year floodplain at the floodway fringe is permitted, the applicant should provide an engineering analysis demonstrating the following: I. No increase in the base flood elevation on any upstream, downstream, or adjacent property 2. No changes in the channel velocity upstream, downstream, or at the site 3. Compensating storage ponds have adequate volume, are located in the same drainage sub-basin, provide all compensating volume above the seasonal high groundwater level and below the base flood elevation, and they are functional such that displaced stormwater runoff can be diverted into the compensating storage ponds. Stonnwater Treatment: 19. Stormwater runofffrom the site currently discharges into Howell Creek, which discharges into Lake Jesup. Lake Jesup is an impaired water body due to excessive levels of nitrogen and phosphorous. The Total Maximum Daily Load (TMDL) program mandated by the state requires reductions in pollutant discharges in the Lake Jesup Basin to restore the lake's water quality. The Lake Jesup Basin stakeholders, including the City of Winter Springs, are currently preparing a basin-wide plan to reduce pollutant discharges into the lake. One method is to require new developments to demonstrate no net increase in pollutant loadings between the pre and post- development conditions. The S1. Johns River Water Management District already requires this on most projects within the Lake Jesup Basin. Due to the site's proximity to Howell Creek, Staff recormnends requiring no net increase in pollutant loadings under the post-development conditions as a City requirement. This may require additional stonnwater treatment facilities beyond those currently shown on the concept plan. Parkine:: 20. The applicant proposes IS buildings (14 in phase I and I in phase 2), each with 4 residential condominium units. Each condominium unit is to have a 2 car garage. Nineteen (19) on-street parallel parking spaces are also proposed. Some of these on-street spaces may be lost due to driveway cuts, which are not shown on the concept plan. The concept plan does not show any driveways and thus it is not clear if there are any driveway parking spaces. Assuming no driveway parking is available, the overall parking ratio is 2.3 spaces per unit, the same as Heritage Park. This ratio assumes that all two-car garages will be utilized at their full two-car parking capacity. Staffhas observed on recently completed projects, such as Heritage Park and Barclay Reserve, that not all garages are being used at their full capacity. This is causing an excessive demand for the limited number of on-street spaces, which are being used by residents for daily parking rather than by visitors as intended. On recent multi-family projects, including Winter Place and Sonesta Pointe, the garage parking capacity has been reduced by 50% to provide a more realistic count of the number of available parking spaces. Staff recommends applying this same 50010 discount to Tuscawilla Greens and requiring a minimum overall parking ratio of2.5 spaces per unit after the discount is factored in. 7 September 10, 2007 Regular Item 600 Page 8 of9 Traffic: 21. Pursuant to Trio Generation. ih Edition, by the Institute of Transportation Engineers, 60 condominium units will generate 352 average annual week day trips (60 x 5.86 = 351.6). This will require a traffic study (pursuant to Traffic Element Policy 1.1.3.) during development review. FINDINGS AND RECOMMENDED CONDITIONS OF APPROVAL: 1. The proposed development site has a Recreation and Open Space (Medium Density Residential pending for part ofthe site) future land use designation. The future land use amendment must be approved before this development is to proceed. 2. The proposed site is part of a larger golf course site, has PUD zoning, and an existing Settlement Agreement that must be amended ifthis development is to proceed. The City Commission must authorize any amendment to the Settlement Agreement. 3. The proposed development area comprises portions of the Howell Creek regulatory floodway and l00-year floodplain. Encroachment into these areas is not recommended without appropriate mitigation. The comprehensive plan directs development outside ofthe 100-year floodplain. Section 8-55 prolubits new development in the regulatory floodway. The Letter of Map Revision could be a condition of final engineering approval and must be received before a pre-construction conference is held or any site work commences. 4. Stormwater treatment shall meet SJRWMD criteria for no net increase in the post-development phosphorous loading. 5. The proposed site is largely comprised of wetlands associated with Howell Creek. Mitigation is required, pursuant to the Comprehensive plan, before any site work or wetland encroachment may commence. 6. The Tuscawilla PUD master plan must be amended to allow development of the site for residential condominiums. Staff believes that the master plan amendment could occur simultaneously with the FLU amendment. Staff believes Tuscawilla is a Part "B" PUD. The Part "B" PUD master plan amendment process is set forth in Section 20-385 ofthe City Code. The applicant will need to demonstrate that the recreation and open space requirements of Section 20- 380 (c) (3) and (4) will be met for both the proposed development and the remaining portion of the PUD. 7. The project does not appear to provide sufficient parking. An overall parking ratio of2.5 spaces per unit is recommended, after the two-car garages have been discounted by 50% (one space per two-car garage). 8. Any acceptable deviations from the Code must be addressed through a development agreement, special exception, variance, or some other appropriate mechanism deemed acceptable by the City Attorney. No deviations from comprehensive plan requirements are permissible (Section 163.3194, FS). 8 September 10, 2007 Regular Item 600 Page 9of9 RECOMMENDATION: Staff can recommend that the City Commission approve the concept plan and allow the project to proceed, conditioned upon the above listed findings and conditions of approval being addressed by the applicant. ATTACHMENTS: A - BDA August 20, 2007 letter B - Architectural renderings C - Concept Plan COMMISSION ACTION: 9 BDA ENVIRONMENTAL CONSULTANTS RECEIVED A' l(~ 3 1 2007 CITY vI' WIN It::K SPKING5 Permitting & UcenSI~ August 30, 2007 File: 2007-038 SENT VIA ELECTRONIC MAIL AND U.S. POSTAL SERVICE Mr. Thomas J. Corkery Tuscawilla Greens c/o Congressional Homes Developers and Centerline Homes 1491 East S.R. 434, Unit 103 Winter Springs,-Florida 32708 Phone: 407/971-8857 Fax: 407/971-1538 RE: Wetland Evaluation Letter for the Tuscawilla Greens Project Site Seminole County, Florida Dear Mr. Corkery: Breedlove, Dennis & Associates, Inc. completed the delineation of the wetland areas that would be considered jurisdictional by the Department of the Anny, Corps of Engineers pursuant to the 1987 Federal Wetland Delineation Manual; the St. Johns River Water Management District pursuant to Chapter 62-340 of the Florida Administrative Code, and Seminole County on March 28, 2007. The condition of the on-site wetland was noted during the field delineation. A majority of the forested wetland system, primarily in the western halt: would be considered having a lower functional value due to the disturbance from dumping of trash and landscape material, hydrologic impacts caused by man-made ditching through the project site and along the existing roadways, and the surrounding development. Evidence of hydrologic impacts consisted of soil subsidence and the abundant presence of nuisance/exotic (N/E) species and upland species encroachment. These species include Peruvian prumosewillow (Ludwigia peruviana), Chinese tallowtree (Sapium sebiferum), camphortree (Cinnamomum camphora), southern magnolia (Magnolia grandiflora). elderberry (Sambucus nigra subsp. canadensis), Japanese climbing fern (Lygodium japonicum), creeping oxeye (Sphagneticola trilobata), Johnsongrass (Sorghum hale pense), slcunkvine (Paederia foetida), climbing hempvine (Mikanta scandens), sword fern (Nephro/epis sp.), P:\Admin\I'ROmcrs\ZOO7038\1etters\Wetland Letter Tu~willa GreCl18.doc BREEDLOVE, DENNIS & ASSOCIATES, INC. VHO W. Canton Ave. - Winter Park. FL 32789 Phone: 407-677-188i - Fa."(: 407-657-7008 D 30 EcJ~t Liberty St. - Brooksville, Fl34601 PhOlle: 352-799-9488 - Fax: 352.799.9')88 D 1167 Grccl\ Hill T nice - T allahllS5Cc, FL 32317 Phone: 850-942-1631 - F,lX: 850.942.9776 BOA ENVIRONMENTAL CONSULTANTS Mr. Corkery August 30, 2007 Page 2 common ragweed (Ambrosia a rtemisiifolia) , American pokeweed (Phytolacca americana), blackberry (Rubus sp.), Caesarweed (Urena Lobata), and grape (Vilis sp.) vine. The canopy stratum in the northwestern portion of the wetland was dominated by skunkvine and grape. The wetland habitat adjacent to Howen Creek is comprised of more desirable wetland species such as cypress (Taxodium sp.), sweetbay (Magnolia virginiana), common buttonbush (Cephalanthus occidentalis), and marsh fern (Thelypteris palustris). However, upland species encroachment and N/E species was observed such as cultivated Mexican petunia, Johnsongrass, creeping oxeye, and Caesarweed. The upland habitat is isolated and surrounded by development and consists primarily oflonglcaf pine (Pinus palustris), live oak (Quercus virginiana), scattered sweetgum (Liquidambar styraciflua) and water oak (Quercus nigra), and dense, overgrown saw palmetto (Serenoa repens). The herbaceous understory is scattered or lacking in most areas due to the density of the saw palmetto. During the site survey within the upland habitat, there were no observations nor was there any evidence (i.e. scat, burrows, tracks) of protected species on-site. Due to the dense nature of the saw palmetto, the absence of desirable soil types, lack of a foraging base, and the isolated nature of this habitat (surrounded by wetlands and development), the potential for the presence of gopher tortoises (Gopherus polyphemus) is considered unlikely. Sincerely yours, M#~ Tonda L. Logue, F.R.E.P., M.S. Senior Scientist TLUvcl P:\Admin\PROJECTS\2007038\1cllcrs\Welland Leller fuselwilla Greens.doc < ._Y .r:;J ." ,< ~i1, ,~ .,/ -~'~J~ --,_._~~~ fi :, I: ~ t': r ~ J Q Ul ') - \.U (.) U.l tt I"'"- a <::) C'-..I M N w:> ? <!. '; ~ i 1'; ~n ~~ ~ ?, ~~ ~ 'i. '..- ,. '>>~ r ,... () >-u .;,J MOR'moIG ROOM 7'1".8'11" I =Ii KITCHEN 14'8" . lty()" 1 tJWAI ,t 1'1'.'3'1~r i -.-- --::c=c::h r liVING KOUM ~A<rff, ~TI,' - -- '''- l~ MASTER SUITE l.lnr >:.19<~~ :- ..) \ / MASTER BARH THE NAPOLI 3 Bedroom 2 gath A:e Living t\rea E. n trv .2 ell C.lragc L.anai 'T'o t~ll I ~~ O~,,""':'J,<-I' OLD'1'.JC....'2 ~ ~T:--! 'l'O'Y':"Jt~ '1'~-1:~3~1 . f 2 I ~L: . ~ RlYEH ~.,_<.~_,~ l'! -:. - I" i 99 1 s fI ") "7 s f t i( -, I .-' sq 97 :;q I t -, -- 1 ,~, I , () sq -~ " G':~.tlA(; t ':T':"':' , 1 q' ~Q" I-Jlh I LIYFJ RFSlllt';(. RECEIVED AUG 2 3 2007 c:;T..... "'''i(-JiFh S;'~i,-~:t";(;S ~'::Gr'f',r,:,<,-"1':'f ()e'oJ~~!c prnent ._; I ,......, I I 9 MORNING ROOM 7'1" X 8'''' KITCHEN I~'r . 10'0' --- , [JiN!NG kUU~.t 1 :::0- ,~ , ::n) ~~~~\STt;M &urrr hl'O" x ''g*t t I t- o I ~ , . MAS1TP GAlli 'IHE NloNDovr :2 Bedroom ::; 1 Bath, ere,,! Room/Den Ale LIVIng Area Entry 2 Car Ca Lanai I er,l i ~ 9'Ef,1 POOM'lNING R00M ;., 1'~ ~ ::.o:rs 1 ;i' ~. !", t -= 1 1 ) .,::;2A [ t l ) C SLj rt t~i 400 ~q fr ,)7 sq l't l l ,.' .E,~ i <.;i."! ~r- '1't~ '___~._...+,_.^. ~r 8EDReX>M ::' , :'()" It ~V9 (il'..P/....r;[ 1.~rfr. .,( "1,rn · ,:;::'-~;.(~-1!:1 \''''''T'';:~:i'Jt>?::::;; ..1.::~ 1t:~t:f. ..'i~f~" ri~:'- ~V""'-">>' ,.... ....-... . .,..~ ~.;-:..~_. .........., ,.. 'iil't""'~'~~- ..... .,............,..... .......~........ OUI Sr'( n'll I n'll RES)I)I'd RECEIVED AUG 2 3 2007 r---'v l 8 E ~ ~ t ! << ! 9 ~ ol: . EJ -~.,...~.~"~--"--~"~<,=~-,~~-- -~.. c::::) '.... ~\'''''-i>tI t EXISTING FLOODZONl SEPTEMBER 28, 2007 EXISTING FLOODWAY SEPTEMBER 28, 2007 WETLAND IMPACT 19 ON-STREET PARKING SPACES PROVIDED EACH UNIT INCLUDES 4 - TWO CAR GARAGES PHASE 1 - 14 UNITS PHASE 2 - 1 UNIT ":1 '~I- ~.~ .......... ). ,.... -I ~ I ~~~^"- .~-~.._- TYPICAL PA VEMENT SECTION ~;~-I- -~'~b2~;:-~~:":~--' TYPICAL PAVEMENT SECTION DAVE SCHMITT ENGINEERING, INC. 13013 FOUNDERS 8QUARE OR. ORl.ANOO, fl32128 "01-201-901' FAX 4OT-2014089 FlEIASl()HS DATE IY DAViD.... $Q1MfTT fLORlDARr;O.f\UMtICR ..'" CONCEPTUAL SITE PLAN TUSCA WILLA GREENS WINTER SPRINGS, FLORIDA o...re: AUGUST 2001 PROJECT NO.: CHD-2 DRAWN BY: GO C!-EQ(E08Y:'TM SCAlE: l".SO' StEEl: 10F I OEsCRPtION ':;:::'::I"\'OO~=.w""::,,,"'-:,,":...,,"':_~~~:':':' ........"* ..-."",,--....- '- --..-...---... ...--..- . . - r. i' ~i -; 'I ~l g- Ii "l! ----;7 z:;~ I, ~~ , I I , I f, i ~. I 91 "j' " "" '11 ~II II I I I I I 't I'l i ,I ,,' I 11111111 II lIitlllllill!:llIlllmll IIIh us. 1I:I"i.i'e~'. H .0.... r f... t ~ ~~.. (......n~....,..1V'd; llW~l"'~ I I I II I ' Ii i I II 11,1 !!III, I, llimhllh:iili iiiiliillllll" ~iI,J:IB!.trrh dl~fh hfhjUII 1 I I I 111' II. '" II '" 1,,11111111111; III 111111 II!, 1111,1 I ~ h' ~. fa&;: ,I. h.. !I k, I.~ d! r l r .1... ~ t ~ ~\,)Il ~ ~ ~~ ~ ~~ }Jl!: <C t 0 ~(!li'li~ :i' ; ~~:: ~~ I !! a. ;u;-<o ~I:J ~~~ 13 ~~, 6' ? ~ g ~~ C u ~ ~ is . II~I~ I!, ! : BH !d Jli' I ! ~ !~. ~~ 1.. ~~: I !li .. ~ I!~ ; I ~'. i ill: !II,!Hh ''''- -, r- '. < . 'I I . ... . i; I ~rll H h! "r I " I, ( ij; Ii:!! J II I I Jill i i 111" , I , I. ' i I Iii' I; I : ill, 'I · - I' g " I I i ./ .; ~ I ~1 ~! I , , :r J c . f If "! I' 1-; "I ~ i I; ,<~ ! I I, ii . .. ._ . 6..p~ IUN-C&li\~ ~ 'Mf\tlIllO\"-"'~\rCtOV:l ATTACHMENT C CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 21 OF 29 . .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 600. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 60 Unit Condominium Development On A Portion Of 135.56 Acres (According To The Application), Located On The South Side Of Winter Springs Boulevard, Adjacent To Howell Creek, Within The Tuscawilla Golf And Country Club And The Tuscawilla Planned Unit Development (PUD). Staff Estimates The Parcel Size To Be Approximately 10 Acres. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented this Agenda Item and displayed a presentation. Discussion. Commissioner Krebs stated, "My concern right now is the density issue and [ don't know if the Developer has had an opportunity to talk to the citizens in Tuscawilla to find out what it is they would like to see in their development as well - and we have had . charettes, are we planning one ofthose?" Mr. Stevenson stated, "Had not planned one at this point." Manager McLemore noted, "It wouldn't be the City's responsibility to do that." Commissioner Krebs added, "Usually we encourage it." Commissioner Gilmore stated, "Mike Gardner from the Country Club has told me that he is planning to hold a session with members of the Club and with the Tusacawilla Homeowner's Association and the community - separate sessions." Mr. Michael Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: addressed the City Commission and stated, "Absolutely. Our goal is to meet with our membership and one of the right forms is in person or with a letter. At this point - we need to get some clarification on the Settlement Agreement, Conceptual Plans, and the Architectural Plans." Mr. Gardner added, "And then the next step would be also to meet with the HOA (Homeowner's Association) Board." Further discussion. . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 22 OF 29 . Commissioner Miller spoke of his concern with three (3) units being in the floodway. Tape 2/Side B Mayor Bush asked, "Is there any way that - on Parcel 8, those single family homes area can be designated so they can never be built." Attorney Garganese stated, "Yes, there is a way - it would be a 'Perpetual Conservation Easement', and Florida Law permits an Owner to grant a 'Perpetual Easement', but if you want another checks and balance to whcthcr or not you can unilaterally release it, is that you gnmt the Easement to other parties. " Mr. Dave Schmitt, Dave Schmitt Engineering, Inc., 13013 Founders Square Drive, Orlando, Florida: commented that, "It is thirty-five feet (35') - thirty-five feet (35') to between the right-of-way and the back of the building." Commissioner Gilmore said, "From the right-of-way. There are no sidewalks on that side, I don't believe." Mr. Schmitt said, "Correct." Mr. Stevenson said, "I think what he is saying, it is thirty-five feet (35') from the back of the building to the property line... Mr. Schmitt noted, "...Correct..." Mr. Stevenson continued, ".. . And then another probably twenty-five (25') or thirty feet (30') to the property line to the edge of the pavement." Commissioner Gilmore asked, "How compatible is that going to be to the 'neighborhood'." Mr. Schmitt said, "It should be consistent with the - primarily the piece to the east. Those are actually I think even closer to the right-of-way." Commissioner Gilmore asked, "Isn ~t there a wall there..." Mr. Schmitt said, "... Beyond the creek where the single family lots are?" Commissioner Gilmore said, "I think there is a wall in there on the other side of the creek." Commissioner Gilmore said, "Chelsea Park." Mr. Schmitt said, "I have pictures. I will go back and confirm that." . Com.ri1issioner Gilmore said, "I have a concern about how close that is. I also have some concerns about the wetlands - if we permit to fill in this area that is shown in Phase I, what is that going to do as far as backing up water in the event of this heavy storm and now we have created a dam which is going to back it up further to the south and potentially flooding into Chelsea Park." Mr. Schmitt said, "There are a couple of issues. Let me explain - one is the floodway issue that we are going to do a LOMR (Letter of Map Revision) based on existing topo." Continuing, Mr. Schmitt said, "That creek is not linear through there. It meanders like this - the floodway actually does the same thing. So we are going to remap with FEMA (Federal Emergency Management Agency) that floodway which was what Brian (Fields) was talking about. Then there is the flood plain encroachments, which is what we're going to mitigate. We are not going to mitigate any floodway. We are going to stay out of the floodway. . CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 23 OF 29 . That last building in Phase II when we are done with FEMA (Federal Emergency Management Agency) and the City, that will be outside of the actual floodway. The flood plain encroachments we will mitigate. As Brian said we have to mitigate to make sure the velocity, the elevations and the flow are not anything greater than what is there. Actually, we are going to overcompensate because talking to Kip (Lockcuft) and Brian (Fields), we understand there are drainage issues in that area anyway. So, we are going to provide the additional extra compensatory storage, not only linear here but down towards the golf course to provide that extra storage that's needed in that area. So, I think you are going to end up with a better situation at the end of the day with the extra capacity in your compensatory storage ponds as well as along the creek." Commissioner Gilmore asked, "How does the water get into the storage ponds?" Mr. Schmitt said, "It all flows from the south to the north so, when it backs up its going to back into - all the drainage from the site is going to go to this pond. The compensatory storage ponds are purposely for the creek, for any backups. We're actually going to be intercepting some of the flow that's coming this way before it gets here. We've also discussed with Brian (Fields) and Kip (Lockcuft) the fact that we have to make sure in this area, that we don't have any increase in stage or velocity or flow. We're going to do cross sections between here, here, probably four (4) or five (5) cross sections to make sure that each one of those requirements is met in each one of those areas and that the flow velocity and elevation is either at or below what it currently is and that's going to be our proof to show that we are not adversely affecting it and actually are going to hopefully improve it, is what the plan is." . Commissioner Gilmore asked, "How does this impact the number 10 fairway?" Mr. Schmitt stated, "It actually improves the value and is more aesthetically pleasing to play with more water features." Discussion. With further comments, Mr. Schmitt said, "The flow, we cannot change the velocity, elevation, or volume of flow through the creek, so even during a hurricane event, we can't allow it to increase more than it does right now. But, what we can do is intercept some of that and have some of that water back up. As it stages up, it can back up into those 1 00 hundred year ponds." Commissioner Miller asked, "How much water is that going to hold?" Mr. Schmitt said, "At a couple of feet deep it's going to help. And there is more to compensate for flood plain again, it doesn't compensate for floodway, just for the flood plain. And the whole purpose of the flood plain, is water is spreading out and backing up and spraying out across the property." . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 24 OF 29 . Commissioner Miller asked, "And the storm pond, I guess has been well thought through? You've actually looked at the sites encroaching on the flood plain there, because that is going to be a significant wall." Mr. Schmidt said, "We do have geotechnical information and we've done some preliminary drainage. We haven't done any final drainage or FEMA (Federal Emergency Management Agency) modeling or any_ ~fthat yet, we're just on preliminary drainage." Manager McLemore spoke to Mr. Lockcuff for the Record about the bridge elevation. Mr. Lockcuff stated, "We never had a problem with that bridge" "I AM MAKING A MOTION THAT WE APPROVE THIS ITEM WITH PROVISIONS. FIRST , THAT THE CITY AND THE GOLF COURSE MUST REACH AN AGREEMENT ON TURNING, PUTIING UNIT 8, I BELIEVE IT IS, INTO CONSERVATION AND TRANSFER THE RIGHTS TO THE UNIT 7 AREA, AND THIS RIGHT HERE WOULD BE THE UNIT 8 AREA AND THAT THAT WOULD BE PUT INTO CONSERVATION AS OTHER PARTS OF THE COURSE OR THE OLD COURSE - IF IT BE AND I THINK YOU HAVE TO WATCH VERY CAREFULLY PUTTING IT INTO THE ST. JOHN'S BECAUSE - THE COUNTRY CLUB IS GOING TO HAVE TO MAINTAIN THIS AND THAT RAISES ANOTHER QUESTION. IF WE TURN THIS OVER TO THE ST. JOHN'S [RIVER) WATER . MANAGEMENT [DISTRICT), WHO MAINTAINS THAT PROPERTY?" ATTORNEY GARGANESE SAID, "I WOULD SAY THE CLUB WOULD MAINTAIN IT." COMMISSIONER GILMORE SAID, "BUT THAT HAS TO BE WRITTEN INTO AN AGREEMENT. " ATTORNEY GARGANESE SAID, "IT WOULD BE IN THE CONSERVATION EASEMENT - RIGHT NOW IT IS OWNED BY THE CLUB." COMMISSIONER GILMORE ADDED, "THE MOTION IS THAT THAT WOULD BE PUT INTO - CONSERVATION." MR. LOCKCUFF SAID, "THE DISTRICT DOES NOT OWN PROPERTY ANYMORE, THEY JUST WANT THE EASEMENTS AND..." COMMISSIONER GILMORE SAID, "...SO THEY WOULD JUST HAVE AN EASEMENT." CONTINUING, COMMISSIONER GILMORE SAID, "THE OTHER PART OF THIS AGREEMENT WOULD BE THAT WE WOULD NOT AT THIS POINT BE PERMITTING THE CONSTRUCTION OR PERMITIING OF ANY STRUCTURE THAT SITS IN THE FLOOD PLAIN UNTIL THOSE ISSUES ARE RESOLVED - THAT WOULD APPLY TO THIS UNIT, THIS UNIT AND THIS UNIT OR ANY OTHERS THAT SHOW UP WHEN YOU REDO YOUR FLOOD PLAIN DRAWINGS WHICH I UNDERSTAND FROM THE ENGINEER IS IN PROCESS, RIGHT?" . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 25 OF 29 . MR. FIELDS SAID, "THIS IS THE NEW MAP." COMMISSIONER GILMORE THEN SAID, "THIS UNIT, THIS UNIT, AND THIS UNIT WOULD HAVE TO WAIT UNTIL WE HA VE RESOLVED ANY ISSUES AND YOU UNDERT AND WHAT IS GOING ON." MR. FIELDS SAID, "POTENTIALLY OTHERS DEPENDING ON HOW THE SITE IS GRADED." COMMISSIONER GILMORE STATED, "YES. A LOT OF ISSUES RELATIVE TO THAT. ANOTHER ISSUE THAT I AM GOING TO PUT IN HERE AND THIS MAYBE IS EARLY IN THE GAME, BUT I EXPECT A BUFFER, PROBABLY A WALL BUFFER ALONG THIS AREA AT WINTER SPRINGS BOULEVARD." COMMISSIONER MILLER NOTED, "A BRICK WALL." COMMISSIONER GILMORE SAID, "YES, COMPATIBLE WITH THE OTHER WALLS IN THE AREA. WE HAVE THOSE WALLS ON THE OTHER UNITS. THAT IS MY MOTION." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH COMMENTED ON THE MOTION AND SAID, "THE FIRST ONE WAS THE CITY AND THE GOLF COURSE MUST AGREE ON TRANSFERRING THE DEVELOPMENT RIGHTS ON UNIT 8 - TO CONSERVATION AND TRANSFER THESE RIGHTS TO UNIT 7 AND TO MAKE THE UNIT 8 UNTOUCHABLE." COMMISSIONER GILMORE SAID, "THE BUILDING RIGHTS ON UNIT 8 ARE TRANSFERRED TO UNIT 7 AND UNIT 8 IS CONVERTED INTO CONSERVATION." . FURTHERMORE, MAYOR BUSH NOTED, "AND THE SECOND POINT, ANY OF THE STRUCTURES THAT SHOW ON THIS DRAWING HERE IN THE FLOOD PLAIN WHICH ARE THREE (3) UNITS OR COULD BE MORE, DEPENDING ON THE SITE AS GRADED ACCORDING TO BRIAN (FIELDS), I THINK I HEARD YOU SAY THAT, THAT WOULD BE WITHHELD UNTIL A LATER TIME AND THE THIRD THING IS THE WALL BUFFER ON WINTER SPRINGS BOULEVARD." MANAGER McLEMORE SAID, "VERIFICATION ON THE MOTION MR. MAYOR, I AM ASSUMING THAT THAT INCLUDES ALL THE CONDITIONS LAID OUT IN THE DEVELOPMENT AGREEMENT ALSO." COMMISSIONER GILMORE SAID, "YES. I THINK THAT ALSO IN THIS DEVELOPMENT AGREEMENT YOU ARE GOING TO INCORPORATE THE CELL TOWER WIDCH IN FACT WILL BE IN THE UNIT 8 AREA. IS THAT CORRECT?" . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 26 OF 29 . ATTORNEY GARGANESE SAID, "YES. GENERALLY." MANAGER McLEMORE REMARKED, "GENERALL Y SPEAKING, YES." COMMISSIONER GILMORE STATED, "SO THAT WOULD ALSO BE IN THAT ISSUE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE SAID, "I THINK IT IS UNDERSTOOD, BUT I AM SURE YOU ALL REALIZE THEY ARE REMOVING TWO (2) OF THE TENNIS COURTS - ONE (1) BATTERY CONSISTING OF TWO (2) TENNIS COURTS. AND MY UNDERSTANDING IS THAT THEY'RE PROPOSING TO REPLACE THE ONE (1) BATTERY OF TWO (2) TENNIS COURTS WITH FOUR (4) ADDITIONAL TENNIS COURTS. CORRECT?" Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: said, "Correct." Mr. Corkery explained, "We're going to take one (1) tennis court out, one battery they call it - which is two (2) tennis courts within one (1), and replace with two (2) batteries. So, right now, there is existing eight (8) tennis courts - when we're finished, there is going to be ten (10)." Discussion. . Furthermore, Mr. Corkery said, "I wanted to overcompensate so it helps it, it even gets better than what it exists today. So, that is what I am going to attempt to do with this project. So, if I can take these nine and a half (9 ~) acres and develop this, mitigate three and a half (3 ~) acres of the worst - and save the jewel of thirty (30) to forty (40) acres for a recreational space which I believe we should protect here as much as we can also, to save those trees there - to whatever endangered species may be there because the soils aren't wet, they're beautiful soils." Mr. Corkery added, "There is a value to this Settlement Agreement and it's financed with the bank. They are going to get a release from the bank. There is a value to that, a great value and these owners of the Club have agreed with me that they will walk away from that to do the sixty (60) townhome units." . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 27 OF 29 . VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Office Of The City Attorney Requests That The City Commission Consider Approval Of A Final Development Order For Vertex Development's Telecommunications Tower Conditional Use Permit For The Property Located At Tuscawilla Country Club. Attorney Garganese stated, "I passed out this evening a draft Development Order. There was one (1) change that I penciled in from what I completed. All this Order does is it memorializes in writing the decision that was made by the City Commission at the August 27, 2007 Commission Meeting where you approved the ISO' unipole Telecommunications Tower located generally on Parcel Number 8 that we just discussed; and it's moving through the Development Order, it recognizes that you approved a Conditional Use, a Site Plan, and Aesthetic Review - that is what Paragraph 1. states." The proposed Development Order was covered further. . Mayor Bush asked, "Do we have anything in here that when this technology becomes obsolete that they have to take the Tower down?" Attorney Garganese said, "No. That was not discussed." Mayor Bush said, "I think we should." Commissioner Krebs said, "I agree with you. We should have that language in here." With further comments, Commissioner Krebs asked, "Can we put it in?" Attorney Garganese remarked, "At this juncture, I don't think that would be appropriate to add to the Order. With that said, we certainly need to go in and negotiate Amendments to the Settlement Agreement. We could bring that issue up." Mayor Bush asked, "Does the Commission want that done?" Commissioner Krebs stated, "Yes." No objections were noted. Commissioner Gilmore then asked Attorney Garganese, "My concern is in item 5., page 2, the SO' x 50' lease area, I think you need to give them leeway on that." Attorney Garganese suggested, "Do you want to put '50' x SO' foot lease area' or - 2,500 square feet." Commissioner Gilmore added, "Or a comparable rectangular area." Furthermore, Commissioner Gilmore suggested, "Or a comparable configuration." . ATTACHMENTD COMMISSION AGENDA ITEM 600 Consent Informational Public Hearin Re ular x October 2. 2007 Special Meeting MGR. r /DEPT. Authorization REQUEST: City Manager requests the Commission to remove Regular Agenda Item 604 of the September 24, 2007 Commission meeting from the table for final approval. PURPOSE: This agenda item is needed to bring final action to the proposed third amendment to the Settlement Agreement between the Winter Springs Country Club and the City. CONSIDERATIONS: At the September 24, 2007 Commission meeting, the Commission voted to table Regular item 604 in order to allow representatives of the Country Club and the City to work out remaining issues. We have been informed that the Country Club has consented this afternoon to the revised agreement prepared by the City Attorney and forwarded to the parties. FUNDING: N/A. RECOMMENDA TION: It is recommended that the City Commission remove Regular Item 604 from the table and approve the item with any changes it deems necessary. ATTACHMENTS: Attachment I: Attachment 2: Regular Agenda Item 604, September 24, 2007 Revised Agreement, September 28, 2007 COMMISSION ACTION: . . . . Attachment 1: Regular Agenda Item 604, September 24, 2007 . . CITY OF WINTER SPRINGS September 24, 2007 Regular Meeting 092407_ COMM_Regular _ _ Tuscawilla_ Country _ Club_SettlemenCAgreement . COMMISSION AGENDA ITEM 604 Consent Informational Public Hearln Re ular X September 24, 2007 Regular Meetmg Mgr. ~ I Dept. Authorization REQUEST: The City Manager requesting the City Commission to consider approval of a third modification of tbe Settlement Agreement between the City and tbe Tuscawilla Country Club to facilitate proposed development of Parcel 7, and the construction of a 150 foot cell tower and related conveyances of conservation lands to the City. . PURPOSE: This agenda item is needed for the Commission to determine the terms and conditions under which it will be wiIling to allow development of Parcel 7 for condominium units, and the construction of a 150 foot cell tower on Parcel 8 of the Tuscawilla Country Club. CONSIDERATIONS: The Commission has approved construction of a ] 50 foot cell tower on Parcel 8 of the Tuscawilla Country Club. and construction of 60 condominium units on Parcel 7 of the Country Club based upon conveyances of conservation lands satisfactory to the Commission. The staff is continuing to negotiate the final terms of an agreement to recommend to the Commission in time for the September 24, 2007 Commission Meeting. To date we have not received final surveys from the Country Club necessary to complete the negotiations. We are continuing to complete the negotiations in time for the September 24, 3007 Commission Meeting. We are attaching a draft agreement for Commission review. In all likelihood the continuing negotiations will cause some changes to the draft. A decision has to be made by October 2. 2007. The Commission could therefore elect to defer the matter to the October 2. 2007 Special Commission meeting if it chooses to do so. . FUNDING: N/A . RECOMMENDATIONS: I. Review the draft agreement in order to become familiar with the sense of the agreement and act on the item Monday, September 24,2007 if the negotiations can be completed in time, or 2. Review the draft agreement in order to become familiar with the sense of the agreement and defer the item to the October 2. 2007 Special Meeting agenda. ATTACHMENTS: Draft Agreement COMMISSION ACTION: . Page 2 of 2 . . Attachment 2: Revised Agreement, September 28,2007 . . . DRAFT 9/28/2007 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P,A. 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY THIRD AMENDMENT TO SETTLEMENT AGREEMENT TIDS TIDRD AMENDMENT TO SETTLEMENT AGREEMENT is made and executed this day of , 2007, by and between the CITY OF WINTER SPRlNGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and REACT LAND, LLC, a Florida limited liability company and WINTER SPRlNGS GOLF, LLC, a Florida limited liability company ("Owner"), whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08831. WITNESSETH: . WHEREAS, this Third Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at Book 3102, Page 13 54 ("Original Settlement Agreement"), as amended by that certain Second Amendment to Settlement Agreement, which is recorded at Book 3146, Page 0454. All of said agreements are or will be recorded in the Public Records of Seminole County, Florida. (sometimes collectively referred to herein as "Settlement Agreement"); and WHEREAS, this Settlement Agreement is related to certain real property located in Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club ("Club Property"); and WHEREAS, as the current fee simple owner of the Club Property, Owner is the successor in interest of that certain Settlement Agreement, and WHEREAS, this Third Amendment to Settlement Agreement affects a portion of the Club Property, primarily Parcel 7 and Parcel 8 and several small areas of Club Property, which are legally described on Exhibits attached hereto; and WHEREAS, the Settlement Agreement generally defines two categories of property, "Development Property" and "Golf Property," for purposes of specifically listing the uses that are permitted on all the property referenced in the Settlement Agreement, including Parcel 7 and Parcel 8; and Third Amendment to Settlement Agreement Tuscawilla Golf and CounUy Club Property Page lof8 . . WHEREAS, in accordance with paragraph 5(b) of the original Settlement Agreement, the use of the Golf Property is limited to the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on- site residences), storm water drainage retention and detention for the Development Property, effluent disposal and related uses; and WHEREAS, in accordance with paragraph 3 of the original Settlement Agreement, the Development Property shall be developed with single-family, detached residences; and WHEREAS, Parcel 7 and Parcel 8 are designated Development Property under the original Settlement Agreement; and WHEREAS, the Owner and the City desire to amend the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, to provide for the transfer and modification of certain development rights set forth in therein related to Parcel 7 and Parcel 8; and WHEREAS, in general, the transfer and modification of development entitlements include the placement of certain lands (including Parcel 8 and two other small wooded areas adjacent to Parcel 8) into a perpetual conservation easement, the re-designation of certain areas of Parcel 7 as Golf Property, the re-designation of a small portion of Golf Property as Development Property to accommodate the condominium project proposed for Parcel 7, and allowing a condominium project (rather than single-family, detached residences) on Parcel 7 . under the terms and conditions set forth herein; and WHEREAS, the Owner and the City also desire to amend the original Settlement Agreement, as amended, for purposes of allowing a 150 foot unipole telecommunications tower (and related ground equipment and related underground electric and telephone lines) on a small portion (approximately 50' x 50' or an equivalent area) of Parcel 8 in accordance with that certain Development Order approved by the City Commission on September 10, 2007; and WHEREAS, the City and Owner have determined that it is in their mutual interest to modify the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, for purposes of enhancing and preserving the Tuscawilla Golf and Country Club and the Tuscawilla community. NOW THEREFORE, in consideration of the recitals and other good and valuable consideration, the Owner and the City agree to modify the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, as follows; 1.0 Acknowlede:ement. The Owner and City acknowledge and agree that the original Settlement Agreement, as amended by Second Amendment to Settlement Agreement, is valid and binding upon the parties, except as modified herein. The parties agree that they have been fully informed of all matters relating to the Settlement Agreement, as amended by the Third Amendment to Settlement Agreement, and intend to be bound by this Third Amendment to Settlement Agreement. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 20r8 . 2.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Third Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County, Florida ("Effective Date"). . 3.0 Parcel 7. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 7 shall be as follows: (a) In lieu of single-family, detached residences, Owner shall be permitted to construct up to sixty (60) residential condominium units on the area identified as "Development Area" on EXlDBIT HA." The Development Area shall consist of parcels "B," "D," and "F" which are labeled on EXHIBIT "A." and shall hereinafter be referred to as "Condominium Property." Said Exhibit is attached hereto and fully incorporated herein by this reference. The residential condominium units shall be constructed on the Condominium Property in substantial conformance with the conceptual plans and elevations approved by the City Commission on September 10, 2007 (Regular Agenda Item 601) ("Condominium Conceptual Plan"). The Condominium Conceptual Plan is hereby fully incorporated herein by this reference, and shall be kept on file at the Winter Springs' City Hall. Owner agrees to diligently pursue the permitting of the sixty residential condominium units. In addition, the City agrees to process permit applications for the residential condominium project in good faith and agrees not to unreasonably withhold permit approvals. The following restrictions shall apply to the proposed residential condominium project: (1) Short term transient rentals of the condominium units on the . Condominium Property shall be strictly prohibited. In furtherance of this restriction, Owner agrees to deed restrict the residential condominium units and provide that the rental of any of the residential condominium units on the Condominium Property for a period of less than one year is strictly prohibited. The City shall be a third party beneficiary under the deed restrictions for purposes of enforcing this rental restriction. Said deed restriction shall be a condition of final engineering approval by the City. (2) The City acknowledges that the Condominium Conceptual Plan requires that one battery of tennis courts (alk/a two tennis courts) currently located on Parcel 7 be relocated elsewhere on Parcel 7 at a location near the club's current tennis court facility. However, in conjunction with this relocation, Owner agrees to construct an additional battery of tennis courts on Parcel 7 at a location near the club's current tennis court facility. At least one of the two new batteries of tennis courts shall be constructed and made ready for play before the relocated tennis court is discontinued for play and demolished. (3) All purchasers of the residential condominium units on the Condominium Property shall receive membership (minimum tennis level membership) at the Tuscawilla Golf and Country Club for purposes of satisfying the City's recreation level of service requirements under the City's Comprehensive Plan. The tennis membership shall permit the condominium unit owners to use the recreation amenities at the Tuscawilla Golf and Country Club (e.g. pool, tennis courts, golf course, and gym facility) under membership terms, fees, and conditions established by the Tuscawilla Golf and Country Club. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 3 of8 . (4) Unless otherwise approved by the City Commission, Owner shall construct a decorative brick wall along the entire property line adjacent to Winter Springs Boulevard in a manner and height similar to the other decorative brick walls along said boulevard. . (b) The Owner and the City acknowledge that there are wetland, floodplain, and floodway mitigation issues on Parcel 7 which must be satisfactorily addressed in order to permit the sixty residential condominium units to be constructed. Owner agrees to diligently pursue a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) for any encroachments into the 100 year floodplain and floodway, as said areas are defined by law. For reference purposes only, the location of the floodplain and floodway is generally depicted in the Condominium Conceptual Plan. All such encroachments are subject to review and approval by the City and FEMA. Owner shall submit such engineering data that is necessary to satisfy the City and FEMA. If the City requires the services of an engineering consultant to review the engineering data submitted by Owner, Owner shall reimburse the City for all such services. (c) The portion of Parcel 7 identified as parcels "A," "C," and "E" on EXHBIT "A" (the area excluding the Development Area which generally contains the existing tennis courts, swimming pool, and gym facilities and creek area) shall hereinafter be deemed Golf Property under the terms and conditions ofthe Settlement Agreement. 4.0 Parcel 8. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 8 shall be as follows: . (a) In accordance with Paragraph 5.0 of this Third Amendment to Settlement Agreement, a telecommunications tower shall be constructed on the area legally described on EXHBIT "B." ("Tower Site"). Said exhibit is attached hereto and fully incorporated herein by this reference. (b) No later than thirty (30) days from the Effective Date, the Owner shall convey to the City, and any other third party designated by the City, a perpetual statutory conservation easement over, under, and upon that portion of Parcel 8 currently owned by Owners. Said portion of Parcel 8 is legally described on EXIllBIT "C," which is attached hereto and fully incorporated herein by this reference. The conservation easement shall be granted under the provisions of section 704.06, Florida Statutes. The conservation easement shall be in a form deemed acceptable by the City Attorney. The conservation easement shall generally provide for the preservation of wooded areas (as depicted as shaded areas on EXHIBIT "C"), and shall permit the Owner to use all other parts of the easement area for the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on-site residences), storm water drainage retention and detention, effluent disposal and related uses. Additionally, the conservation easement shall permit the construction and operation of the Tower authorized under Paragraph 5.0 of this Third Amendment to Settlement Agreement. Owner shall be responsible for having all mortgages existing at the time of the conveyance of the conservation easement subordinated to the easement. Third Amendment to Settlement Agreement Tuscawilla Golf and CounUy Club Property Page 4 of8 . (c) The Owner and City acknowledge that a small portion of Parcel 8 located in the southeast corner (parcel Id. 31-20-3l-5BB-0000-OIIA) is not currently owned by the Owner. ("Parcel 8 Remainder"). However, Owner acknowledges that Owner currently leases the Parcel 8 Remainder and may acquire it in the future. If Owner acquires fee simple title to the Parcel 8 Remainder, Owner agrees to convey to the City a conservation easement over, under, and upon the Parcel 8 Remainder in the same manner provided for in subparagraph 4 (b) above. . 5.0 Telecommunications Tower. (a) Pursuant to the terms and conditions of the Development Order issued by the City Commission of Winter Springs, dated September 10,2007, a unipole telecommunications tower and related ground equipment shall be constructed on the Tower Site. The Owner shall be pennitted to grant ancillary access and utility (electric and telephone lines) easements under and upon the Club Property for purposes of serving the Tower Site. No other development shall be permitted on the Tower Site other than the development authorized by said Development Order. The Owner shall be required to maintain a two hundred foot (200 ft.) perpetual buffer area of trees and undeveloped land around the Tower Site. Said buffer area shall be measured as a radius of two hundred foot (200 ft.) from the center of the Tower Site. Should the use of the tower and related ground equipment and utility lines be discontinued for any reason, the tower, equipment, and utility lines shall be removed by Owner within three (3) months of discontinuance. 6.0 Additional Conservation Areas Adiacent to Parcel 8. In conjunction with the conservation easement granted to the City pursuant to Paragraph 4 (b) of this Third . Amendment to Settlement Agreement, the Owner agrees to include as conservation land the two areas adjacent to Parcel 8 which are legally described in EXHIBIT "D." Said exhibit is attached hereto and fully incorporated herein by this reference. 7.0 TLBD Beautification Suoolemental Contribution. In addition to any special assessment imposed on the Club Property as required by the City's Tuscawilla Lighting and Beautification District, Owner agrees to contribute to the City an additional Twenty-Five Thousand and No/IOO Dollars ($25,000.00) to be used for District beautification purposes. Said contribution shall be paid to the City in two equal installments. The first installment shall be due at such time that the City Commission approves the [mal engineering plans for the Parcel 7 residential condominium project. The second installment shall be due within one (1) year from the date that said final engineering plans are approved by the City Commission. 8.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 9.0 Development Permits. As required by City Code and other applicable law, Owner acknowledges and agrees that any development of the Golf Property, Development Property, Tower Site, and Condominium Property will require Owner to apply foradditional development permits from the City and other government agencies with jurisdiction over said property. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests sub,sequent to the Effective Date. The failure of the Settlement Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 5 org . Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term and condition of the Settlement Agreement. , IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 6 of 8 . . . . Signed, sealed and delivered in the presence of the following witnesses: REACT LAND, LLC, a Florida limited liability company By: , MemberfManager Signature of Witness Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2007, , as MemberlManager of REACT LAND, LLC, a . Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 70f8 . Signed, sealed and delivered in the presence of the following witnesses: WINTER SPRINGS GOLF, LLC, a Florida limited liability company By: , Member/Manager Signature of Witness Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2007, , as Manager/Member of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Not8/)' Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: _ EXHIBIT LIST A. Legal Description of Parcel 7 and related subparcels. B. Legal Description of Tower Site Property. C. Legal Description of portion of Parcel 8 owned by Owners (excludes Parcel Id. 31- 20-31-5BB-OOOO-Ol1A owned by Tuskawilla Investors, Inc.). D. Legal Description of additional Conservations Areas adjacent to Parcel 8. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 80r8 . . . Date: October 2, 2007 . The attached were distributed and referenced by Attorney Anthony A. Garganese during the discussion of Regular Agenda Item "600" during the October 2, 2007 City Commission Special Meeting. . . RECEIVED OCT - 2 2007 . CllY OF WINTER SPRINGS OFFICE OF THE CllY CLERK DRAFT 9/28/2007 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY TmRD AMENDMENT TO SETTLEMENT AGREEMENT TillS THIRD AMENDMENT TO SETTLEMENT AGREEMENT is made and executed this day of , 2007. by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and REACT LAND, LLC, a Florida limited liability company and WINTER SPRINGS GOLF, LLC, a Florida Limited liability company ("Owner"), whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08831. WITNESSETH: . WHEREAS, this Third Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at Book 3102, Page 1354 ("Original Settlement Agreement"), as amended by that certain Second Amendment to Settlement Agreement, which is recorded at Book 3146, Page 0454. All of said agreements are or will be recorded in the Public Records of Seminole County, Florida. (sometimes collectively referred to herein as "Settlement Agreement"); and WHEREAS, this Settlement Agreement is related to certain real property located in Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club ("Club Property"); and WHEREAS, as the current fee simple owner of the Club Property, Owner is the successor in interest of that certain Settlement Agreement, and WHEREAS, this Third Amendment to Settlement Agreement affects a portion of the Club Property, primarily Parcel 7 and Parcel 8 and several small areas of Club Property, which are legally described on Exhibits attached hereto; and WHEREAS, the Settlement Agreement generally defines two categories of property, "Development Property" and "Golf PropeI1Y," for purposes of specifically listing the uses that are permitted on all the property referenced in the Settlement Agreement, including Parcel 7 and Parcel 8; and Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 1 ors . . WHEREAS, in accordance with paragraph 5(b) of the original Settlement Agreement, the use of the Golf Property is limited to the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on- site residences), storm water drainage retention and detention for the Development Property, effluent disposal and related uses; and WHEREAS, in accordance with paragraph 3 of the original Settlement Agreement, the Development Property shall be developed with single-family, detached residences; and WHEREAS, Parcel 7 and Parcel 8 are designated Development Property under the original Settlement Agreement; and WHEREAS, the Owner and the City desire to amend the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, to provide for the transfer and modification of certain development rights set forth in therein related to Parcel 7 and Parcel 8; and WHEREAS, in general, the transfer and modification of development entitlements include the placement of certain lands (including Parcel 8 and two other small wooded areas adjacent to Parcel 8) into a perpetual conservation easement, the re-designation of certain areas of Parcel 7 as Golf Property, the re-designation of a small portion of Golf Property as Development Property to accommodate the condominium project proposed for Parcel 7, and allowing a condominium project (rather than single-family, detached residences) on Parcel 7 under the terms and conditions set forth herein; and . WHEREAS, the Owner and the City also desire to amend the original Settlement Agreement, as amended, for purposes of allowing a 150 foot unipole telecommunications tower (and related ground equipment and related underground electric and telephone lines) on a small portion (approximately 50' x 50' or an equivalent area) of Parcel 8 in accordance with that certain Development Order approved by the City Commission on September 10,2007; and WHEREAS, the City and Owner have determined that it is in their mutual interest to modify the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, for purposes of enhancing and preserving the Tuscawilla Golf and Country Club and the Tuscawilla community. NOW THEREFORE, in consideration of the recitals and other good and valuable consideration, the Owner and the City agree to modify the original Settlement Agreement, as amended by the Second Amendment to Settlement Agreement, as follows: 1.0 Acknowledl!ement. The Owner and City acknowledge and agree that the original Settlement Agreement, as amended by Second Amendment to Settlement Agreement, is valid and binding upon the parties, except as modified herein. The parties agree that they have been fully informed of all matters relating to the Settlement Agreement, as amended by the Third Amendment to Settlement Agreement, and intend to be bound by this Third Amendment to Settlement Agreement. Third Arnendmentto Settlement Agreement T uscawilla Golf and Country CI ub Property Page 2 of8 . .. 2.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Third Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County, Florida ("Effective Date"). 3.0 Parcel 7. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 7 shall be as follows: (a) In lieu of single-family, detached residences, Owner shall be permitted to construct up to sixty (60) residential condominium units on the area identified as "Development Area" on EXHIBIT "A." The Development Area shall consist of parcels "B," "D," and "F" which are labeled on EXIllBIT "A." and shall hereinafter be referred to as "Condominium Property." Said Exhibit is attached hereto and fully incorporated herein by this reference. The residential condominium units shall be constructed on the Condominium Property in substantial conformance with the conceptual plans and elevations approved by the City Commission on September 10, 2007 (Regular Agenda Item 601) ("Condominium Conceptual Plan"). The Condominium Conceptual Plan is hereby fully incorporated herein by this reference, and shall be kept on file at the Winter Springs' City Hall. Owner agrees to diligently pursue the permitting of the sixty residential condominium units. In addition, the City agrees to process permit applications for the residential condominium project in good faith and agrees not to unreasonably withhold permit approvals. The following restrictions shall apply to the proposed residential condominium project: (1) Short term transient rentals of the condominium units on the . Condominium Property shall be strictly prohibited. In furtherance of this restriction, Owner agrees to deed restrict the residential condominium units and provide that the rental of any of the residential condominium units on the Condominium Property for a period of less than one year is strictly prohibited. The City shall be a third party beneficiary under the deed restrictions for purposes of enforcing this rental restriction. Said deed restriction shall be a condition of fmal engineering approval by the City. (2) The City acknowledges that the Condominium Conceptual Plan requires that one battery of tennis courts (alkJa two tennis courts) currently located on Parcel 7 be relocated elsewhere on Parcel 7 at a location near the club's current tennis court facility. However, in conjunction with this relocation, Owner agrees to construct an additional battery of tennis courts on Parcel 7 at a location near the club's current tennis court facility. At least one of the two new batteries of tennis courts shall be constructed and made ready for play before the relocated tennis court is discontinued for play and demolished. (3) All purchasers of the residential condominium units on the Condominium Property shall receive membership (minimum tennis level membership) at the Tuscawilla Golf and Country Club for purposes of satisfying the City's recreation level of service requirements under the City's Comprehensive Plan. The tennis membership shall permit the condominium unit owners to use the recreation amenities at the Tuscawilla Golf and Country Club (e.g. pool, tennis courts, golf course, and gym facility) under membership terms, fees, and conditions established by the Tuscawilla Golf and Country Club. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property page3 or8 . . (4) Unless otherwise approved by the City Commission, Owner shall construct a decorative brick wall along the entire property line adjacent to Winter Springs Boulevard in a manner and height similar to the other decorative brick walls along said boulevard. (b) The Owner and the City acknowledge that there are wetland, floodplain, and floodway mitigation issues on Parcel 7 which must be satisfactorily addressed in order to permit the sixty residential condominium units to be constructed. Owner agrees to diligently pursue a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) for any encroachments into the 100 year floodplain and floodway, as said areas are defined by law. For reference purposes only, the location of the floodplain and floodway is generally depicted in the Condominium Conceptual Plan. All such encroachments are subject to review and approval by the City and FEMA. Owner shall submit such engineering data that is necessary to satisfy the City and FEMA. If the City requires the services of an engineering consultant to review the engineering data submitted by Owner, Owner shall reimburse the City for all such services. (c) The portion of Parcel 7 identified as parcels "A," "C," and "E" on EXHBIT "A" (the area excluding the Development Area which generally contains the existing tennis courts, swimming pool, and gym facilities and creek area) shall hereinafter be deemed Golf Property under the terms and conditions of the Settlement Agreement. 4.0 Parcel 8. Subject to the issuance of additional permits in accordance with Paragraph 8.0, the future development of Parcel 8 shall be as follows: (a) In accordance with Paragraph 5.0 of this Third Amendment to Settlement . Agreement, a telecommunications tower shall be constructed on the area legally described on EXHBIT "B." ("Tower Site"). Said exhibit is attached hereto and fully incorporated herein by this reference. (b) No later than thirty (30) days from the Effective Date, the Owner shall convey to the City, and any other third party designated by the City, a perpetual statutory conservation easement over, under, and upon that portion of Parcel 8 currently owned by Owners. Said portion of Parcel 8 is legally described on EXIllBIT "C." which is attached hereto and fully incorporated herein by this reference. The conservation easement shall be granted under the provisions of section 704.06, Florida Statutes. The conservation easement shall be in a form deemed acceptable by the City Attorney. The conservation easement shall generally provide for the preservation of wooded areas (as depicted as shaded areas on EXHIBIT "e"), and shall permit the Owner to use all other parts of the easement area for the operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on-site residences), storm water drainage retention and detention, effluent disposal and related uses. Additionally, the conservation easement shall permit the construction and operation of the Tower authorized under Paragraph 5.0 of this Third Amendment to Settlement Agreement. Owner shall be responsible for having all mortgages existing at the time of the conveyance of the conservation easement subordinated to the easement. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 4 of8 . . (c) The Owner and City acknowledge that a small portion of Parcel 8 located in the southeast comer (parcel Id. 31-20-31-SBB-0000-OllA) is not currently owned by the Owner. ("Parcel 8 Remainder"). However, Owner acknowledges that Owner currently leases the Parcel 8 Remainder and may acquire it in the future. If Owner acquires fee simple title to the Parcel 8 Remainder, Owner agrees to convey to the City a conservation easement over, under, and upon the Parcel 8 Remainder in the same manner provided for in subparagraph 4 (b) above. 5.0 Telecommunications Tower. (a) Pursuant to the terms and conditions of the Development Order issued by the City Commission of Winter Springs, dated September 10,2007, a unipole telecommunications tower and related ground equipment shall be constructed on the Tower Site. The Owner shall be permitted to grant ancillary access and utility (electric and telephone lines) easements under and upon the Club Property for purposes of serving the Tower Site. No other development shall be permitted on the Tower Site other than the development authorized by said Development Order. The Owner shall be required to maintain a two hundred foot (200 ft.) perpetual buffer area of trees and undeveloped land around the Tower Site. Said buffer area shall be measured as a radius of two hundred foot (200 ft.) from the center of the Tower Site. Should the use of the tower and related ground equipment and utility lines be discontinued for any reason, the tower, equipment, and utility lines shall be removed by Owner within three (3) months of discontinuance. 6.0 Additional Conservation Areas Adiacent to Parcel 8. In conjunction with the conservation easement granted to the City pursuant to Paragraph 4 (b) of this Third . Amendment to Settlement Agreement, the Owner agrees to include as conservation land the two areas adjacent to Parcel 8 which are legally described in EXIllBlT "D." Said exhibit is attached hereto and fully incorporated herein by this reference. 7.0 TLBD Beautification Supplemental Contribution. In addition to any special assessment imposed on the Club Property as required by the City's Tuscawilla Lighting and Beautification District, Owner agrees to contribute to the City an additional Twenty-Five Thousand and NollOO Dollars ($25,000.00) to be used for District beautification purposes. Said contribution shall be paid to the City in two equal installments. The first installment shall be due at such time that the City Commission approves the fmal engineering plans for the Parcel 7 residential condominium project. The second installment shall be due within one (1) year from the date that said fmal engineering plans are approved by the City Commission. 8.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 9.0 Development Permits. As required by City Code and other applicable law, Owner acknowledges and agrees that any development of the Golf Property, Development Property, Tower Site, and Condominium Property will require Owner to apply for additional development permits from the City and other government agencies with jurisdiction over said property. Nothing herein shalllirnit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of the Settlement Third Amendment to Settlement Agreement TuscBwillB Golf and Country Club Property Page 50f8 . . Agreement to address any particular City, County, State and/or Federal pennit, condition, tenn or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any tenn and condition of the Settlement Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor A TIEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, . Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 6 ofS . . Signed, sealed and delivered in the presence of the following witnesses: REACT LAND, LLC, a Florida limited liability company By: , MemberlManager Signature of Witness Printed Name ofWitne<;~ Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, , as MemberlManager of REACT LAND, LLC, a . Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Third Amendmcnlto Selllcmcnt Agreement Tuscawilla Golf and Country Club Property Page 7 of8 . Signed, sealed and delivered in the presence of the following witnesses: WINTER SPRINGS GOLF, LLC, a Florida limited liability company By: , MemberlManager SignatUre of Witness Printed Name of Witness Date: SignatUre of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2007, , as ManagerfMember of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notlll)' Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: _ EXlllBIT LIST A. Legal Description of Parcel 7 and related subparcels. B. Legal Description of Tower Site Property. C. Legal Description of portion of Parcel 8 owned by Owners (excludes Parcel Id. 31- 20-31-5BB-0000-OIIA owned by Tuskawilla Investors, Inc.). D. Legal Description of additional Conservations Areas adjacent to Parcel 8. Third Amendment to Settlement Agreement Tuscawilla Golf and Country Club Property Page 8 or8 . . . Date: October 2, 2007 . The attached was distributed by Attorney Anthony A. Garganese during the discussion of Regular Agenda Item "600" at the October 2, 2007 City Commission Special Meeting. . . r---......... I I , I f l ~ ~I ~ i, r ~I g; i~ ~ L..... _.___ . _(JAKE L L . DAve SCHMITT ENGINEERING, INC, "30laFOlJNOM$ SOUAA€ Oft ~P\."_ ..01;.20'.... """'<<t1-l0~ ".P")l!. ~ co........... 0M1>-.tcHMfr:'" ! 'tOlllf!ll'iIld~ W" r -.... "" .., ~''''__'~Mioi!W_~.._......___,\.........._......... ----......'-...-........-...........---..,---, ---.___fl"'_ ~ > _f....... ..__.N........_...__................-..~ . ~e'etJd ____ - eoM. """71 - Go,f ,,.,.,,,, 0' GOLF COURSE TO DEVELOPMENT AREA PARCEL '8" 0 099 AC PARCEL 'D" 0.025 AC TOTAL 0124 AC DEVELOPMENT AREA TO GOLF COURSE PARCEL "A" 4 18,0 AC PARCEL "C" 0.020 AC PARCEL "E" 4.471 AC TOTAL 8. 676 AC. AMENDMENT 2 TOTAL AREA 1b.O!!7 AC PARCEL "F" ADDED AREA SUBTRACTED AREA NEW TOTAL DEVELOPABLE AF?EA 7.420 AC 0.124 AC 8.676 AC. T. 544 AC DEVELOPMENT EXHfBIT TUSCAWlLLA GREENS WINTER SPRINGS, FLORIDA l~n, &El>r :~~T ~6:~~~~ C'5~._ ~!.l(eH'inlt'f... ~~,"".',','''...'.' L!rA!..t: ,., .". ..... i~:~ET:;__'_ CF-::,,~ .._. . ATTACHMENT E CITY OF WINTER SPRINGS, FWRIOA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 3 OF 12 "I MAKE A MOTION TO HA VE THE MANAGER RESEARCH ANY AVAILABLE PROPERTY IN WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BRO\VN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush said to Manager McLemore, "I would also maybe recommend that we talk to Bart Phillips as well as A Budget Tree. They are both out there. They are both good citizens of the City and maybe we can work something out with them too." Discussion. Ms. Angela Lambert, 7900 Dunstable Circle, Orlando, Florida: spoke about the dedication of "Pet Rescue by Judy" Board Members and thanked the City Commission for their support. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. Mayor Bush stated, "We need a Motion to remove from the Table?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. . . . . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 4 OF 12 . VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding the Settlement Agreement, Manager McLemore said, "What we would need you to do is review any parts of this you want to review with the City Attorney and myself, and then act on the Agreement with any changes you might think are appropriate. " Commissioner Donald A. Gilmore asked, "Is the Agreement dated September 28th, [2007] - is that the one we are looking at?" City Attorney Anthony A. Garganese said, "That's the one you are looking at." Attorney Garganese said, "I also passed out some very rudimentary colored documents here - they are the Parcel 8 and Parcel 7 and - the color depicts basically what is stated and language in the Agreement. Under the Agreement, if you look at Parcel 8, that's the larger handout, it identifies the area that will be placed in conservation within thirty (30) days of the effective date of this Agreement. That area is identified in 'pink' and identified in 'yellow'; and the area that is depicted in 'pink', of course they can continue using it for Golf Course purposes as originally stated in the Settlement Agreement. That language doesn't change. In addition, the shaded in areas that are depicted as wooded areas, would remain wooded areas. And you will note that little square blue box in the middle is the Tower site. There are two (2) appendages that are in 'yellow'. Those are additional conservation areas that are outside of Parcel 8 that the Country Club property owners have voluntarily offered to put into conservation areas. They are heavily wooded areas. And then there is a little area in the southwest comer identified as 'PARCEL 8 REMAINDER'. That property currently is not owned by the Country Club. They are currently leasing it." . Attorney Garganese then said, "In the event the current owners of the [Country] Club acquire that property, then they agree to put that land in conservation as well." Next, Attorney Garganese explained, "We are waiting for the Surveyors to complete the Legal Descriptions. They have to modify this accordingly to basically reflect what - I have color coded for you. . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 5 OF 12 . The smaller Exhibit is Parcel 7 - that is where the condominium development will occur. The area in 'orange' is the condominium property. That's where - up to sixty (60) condominium units will be constructed. In addition, you have the area in 'pink'. That land will be converted to 'Golf Property'. It will no longer be development property. It will be 'Golf Property'. The tennis courts, the area that is more rectangular, that is where the tennis courts, the swimming pool area and the other area in 'pink' is generally going to be the floodway area, the creek area. That would go to the 'Golf Property'. And all the brick wall requirement - for the condominium project is in the Agreement along with the conditions, the prohibitions of short term transient rentals is in the Agreement. In addition, the owners of the Country Club voluntarily agree to make a contribution to the TLBD (Tuscawilla Lighting and Beautification District) in the amount of twenty-five thousand dollars ($25,000.00) in addition to their Assessments that they pay to the TLBD (Tuscawilla Lighting and Beautification District). That money will be paid in two (2) installments of twelve thousand five hundred dollars ($12,500.00) the first being due at the time that Final Engineering Plans for Parcel 7 are approved by the Commission and then a year later, the other twelve thousand five hundred dollars ($12,500.00) will be paid. And again, that was voluntarily offered." Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. . COMMISSIONER GILMORE STATED, "THE ENTIRE AREA IN 'RED' WILL BE IN CONSERVATION. RIGHT?" ATTORNEY GARGANESE SAID, "YES." COMMISSIONER GILMORE SAID, "WHO IS GOING TO CONTROL THAT CONSERVATION - TELL US WHAT THAT REALLY MEANS." ATTORNEY GARGANESE SAID, "THERE WILL BE A CONSERVATION EASEMENT THAT IS GOING TO BE PREPARED AND RECORDED AGAINST THE LAND. THE CITY WILL BE ONE OF THE HOLDERS OF THE CONSERVATION EASEMENT. IN ADDITION, THIS AGREEMENT GIVES THE CITY THE RIGHT TO ALSO ASSIGN THAT TO SOME OTHER THIRD PARTY. NOW, UNRELATED TO THIS, BUT SOMEWHAT THAT IS RELEVANT, I GAVE YOU AN OPINION LEITER REGARDING THE WINTER SPRINGS GOLF COURSE AND UNDER FLORIDA LAW, UNDER FLORIDA STATUTORY CONSERVATION EASEMENTS, THERE ARE CERTAIN PARTIES THAT CAN ACTUALLY HOLD mOSE EASEMENTS. . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 6 OF 12 . THEY HAVE TO BE EITHER A GOVERNMENTAL AGENCY, A TRUST, OR A CHARIT ABLE CORPORATION THAT IS ORGANIZED FOR CONSERVATION PURPOSES. SO, THE CITY AT ITS DISCRETION CAN ASSIGN THIS CONSERVATION EASEMENT TO THAT TYPE OF ENTITY." COMMISSIONER GILMORE ASKED, "IS THERE ANYTHING THA T PROHIBITS A FUTURE COMMISSION FROM RELIEVING THAT CONSERVATION EASEMENT?" ATTORNEY GARGANESE SAID, "I HAVE GIVEN YOU THAT OPINION LETTER REGARDING WINTER SPRINGS GOLF COURSE, AND I WOULD RECOMMEND THAT YOU TAKE A LOOK AT THAT AND - ANALYZE WHAT YOU WANT TO DO WITH WINTER SPRINGS GOLF COURSE. YOU CAN DO THE SAME WITH RESPECT TO THIS EASEMENT AS WELL. YOU CAN PUT ANOTHER PARTY - IN THE BATTER'S BOX, SO TO SPEAK, PROTECTING THE CONSERVATION PURPOSES IN THE EASEMENT. YOU CAN EVEN GRANT UNDER THE FLORIDA STATUTES TO SOME THIRD PARTY, THE RIGHT TO ENFORCE THAT CONSERVATION EASEMENT AS WELL." FURTHER COMMENTS WERE MADE. COMMISSIONER GILMORE THEN ASKED, "THERE IS QUITE A BIT OF PROPERTY IN THE CONSERVATION EASEMENT, LITERALLY THE . WHOLE DRIVING RANGE; A SIGNIFICANT PART OF NUMBER 1 FAIRW A Y. THE COUNTRY CLUB WILL STILL BE ALLOWED TO USE THAT CONSERVATION EASEMENT FOR GOLF PURPOSES." ATTORNEY GARGANESE SAID, "THAT IS CORRECT. THEY CAN USE IT FOR GOLF AND COUNTRY CLUB PURPOSES." COMMISSIONER GILMORE SAID, "THEY COULD MOVE THE NUMBER 1 - GREEN - HOLE ELSEWHERE IF THEY WANTED TO UNDER THE EASEMENT. IS THAT CORRECT?" ATTORNEY GARGANESE SAID, "THAT IS CORRECT." ATTORNEY GARGANESE SAID, "IT HAS TO BE USED FOR GOLF COURSE PROPERTY." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. . -- - - - .; August 11, 2008 RECF.r.:'l.'!~drl'C~ lr fif;;! I'll 14,1.' ~:,\."",~jl} Mr. Brian Fields City of Winter Springs 1126 State Road 434 Winter Springs, FL 32708 AU6 1 1 2008 CITY Of' Wii. ; """GS Permitting & UGensiJlg RE: Tuscawilla Greens Preliminary/Final Development Site Plan Project # 2008802 Dear Mr. Fields: This letter is sent to you in response to the comments dated August 4, 2008. Your comments are included in this letter and are shown in italics type. Our responses appear directly below your comments and are shown in bold type. Buildina Official - David Alamina I reviewed the site plans and noted on page 5 of 13 section "A-A" indicates the proposed grade elevation at the building to be 27.1 ft. as opposed to the elevation at the boundary line at 22.2 ft and creating a slope per the drawings. Please note that the plans do not indicate any retaining walls for the specific locations adjacent to Winter Springs Boulevard so, at vertical construction, the foundation shall comply with Florida Building Code section1805 to prevent slope degradation at the angle of repose. Response: The site grading has been lowered and cross section A-A has been revised. City Enaineer - Brian Fields Plans dated July 15, 2008. Please make the following corrections and/or clarifications on the set of drawings that will be submitted for the next available P&Z Board meeting: 1. Sheet 4A. Add a note stating that the existing sanitary sewer system shall remain in service until the new system is operational and has been cleared by FDEP. Response: As discussed, a note addressing the sanitary sewer system has been added. 2. Sheet 5. Provide additional detail for grading section A-A. Show the sidewalk in Winter Springs Blvd., the fence, the swale between the fence and the embankment, the building face, and callout the maximum embankment slope. The landscape plans show plantings immediately behind the buildings - show a level area behind the buildings for landscaping if necessafy. Consider slightly raising the grade along the Winter Springs Blvd right-of-way to provide a less severe grading transition from the street to the units. Response: The site grading has been lowered and cross section A-A has been revised. 3. Sheet 5A. The fire line sizes have been changed from 1.5" to 4", which is fine if this is the required line size. However, the 4" above-ground double check valves are shown in front of each building and they do not appear to have any screening per the landscape plans. The double check valves should be screened with landscaping or preferably moved to the side of the buildings. Response: Landscape screening has been added to the landscape plans. RTC_Letter_P.Fnal Engineering.8.4.08.doc 13013 Founders Square Drive · Orlando, Florida 32828 · Phone: (407) 207-9088 · Fax: (407) 207-9089 www.dseorl.com . Page 2 August 11, 2008 '" 4. Sheet 5A and IR-1/2. The irrigation plans refer to the civil plans for more information regarding the reclaimed water point of connection, but nothing is shown on sheet 5A. On either the civil or irrigation plans, show the existing reclaimed water line, the point of connection, the meter location, and provide the City standard detail for reclaimed service. Be sure to connect to the 6- inch reclaimed main and not the 4-inch stub-out in this area. Response: The civil plans have been tevised to show the meter and reclaim connection and standard detail for reclaimed service. The irrigation plans have also been revised. ~ 5. Sheet 5A. Show a potable water service to the proposed fountain shown on sheet LA-1. Response: A potable water service connection has been added to the civil plans. A note to coordinate with the civil plans has been added on the landscape plans. 6. Sheet HS-2. The hardscape plans show the cul-de-sacs with brick pavers. If this is the case, the paver section shown as detail F will not be adequate for the cul-de-sacs. Use a typical roadway base and sub-base under the sand layer. Response: A paving detail with note has been added to the hardscape plans. Recommendation: 7. Sheet 5. As discussed at our onsite meeting on July 31, it appears that the overall finished grades can be lowered. As a minimum, t17e storm inlets must have an elevation at or above the hydraulic grade line for the 25-year 24-hour event, and finished floors must be at or above the 100-year event stage (preferably with some margin of safety). Driveway slopes appear that they can be reduced to allow lower finished floor elevations and more comfortable use as parking spaces. Response: The site grading has been lowered and the inlets have been verified to be lower than the 25-year 24-hour stage of the stormwater pond. Driveway slopes have been adjusted accordingly. Fire Marshal - Bob Beck 1. Stabilized access will have to continue from current apparent end, adjacent to current tennis courts, through the Country Club property to a roadway or other appropriate access point. Response: The stabilized emergency access is shown on the plans. Our client is preparing an agreement with the Tuscawilla Country Club to give an easement for the emergency access. 2. Ensure that some type of agreement is made with Tuscawilla Country Club to ensure that this emergency access on their property is maintained for the life of the subdivision. Information previously provided on 3/25/2008 review. Response: The stabilized emergency access is shown on the plans. Our client is preparing an agreement with the Tuscawilla Country Club to give an easement for the emergency access. Senior Planner - John Baker Tuscawilla Greens PUD Part "A" 1. Sec. 20-354 (d) states that the specifications from that section apply to the development unless waived by the Commission, after findings by the P&Z, because of unique characteristics of the development make application of these specifications unnecessary. The following are the subsections that staff feels the applicant needs to primarily address from this section (the reasons need to be included in the agenda item for both the P&Z and Commission): RTC_Letter . Page 3 August 11, 2008 (a) Subsection 20-354 (d) (1) requires the natural topography, soils, and vegetation to be preserved and utilized where possible thru careful site design and also addresses removal of mature trees. '" Response: (a) Subsection 20-354 (d) (1) requires the natural topography, soils, and vegetation to be preserved and utilized where possible thru careful site design and also addresses removal of mature trees. The Tuscawilla Greens Development Plan has been specifically designed to impact those areas on-site that are considered lower quality wetland and upland habitats and preserve those areas that are considered to be higher quality wetlands and upland habitats associated with Howell Creek. The proposed impact areas were assessed as low quality habitats due to the isolated nature of the project site and the adverse influence of the surrounding developments. The wetland area proposed to be impacted contains a higher percentage of nuisance and exotic plant species than natural vegetation and has been hydrologically disturbed by two man-made ditches that traverse through the wetlands and uplands. Much of the impact area has also been used for dumping of trash and landscape material. Through the state permitting process the wetland habitat proposed to be impacted was scored [utilizing the Uniform Mitigation Assessment Method (UMAM)] as having a low functional value by the St. Johns River Water Management District (SJRWMD) staff. The uplands in the western and southern portions of the project site are comprised of existing tennis courts, maintained land, and golf course. The area of the project site to be preserved (4.42 acres) contains the higher quality wetland and upland habitat (natural vegetation) associated with Howell Creek and will be placed under a Conservation Easement (CE) granted to the SJRWMD and the City of Winter Springs. Furthermore, as part of the compensatory mitigation for the impacts on- site, Howell Creek and the abutting wetlands and uplands south of the project site within the golf course (3.58 acres) are proposed to be preserved and placed under a CE to be granted to the SJRWMD and the City of Winter Springs. In order to provide compensating floodplain storage for the project site a 1.95 acre area is going to be utilized as a forested wetland creation area to further offset the wetland impacts on-site. This wetland creation area will be planted with 549 cypress (Taxodium sp.) trees as well as other herbaceous wetland plant species. The created wetland will provide habitat for a variety of wildlife species including protected species especially those dependent on wetlands for foraging, nesting, and breeding habitat (i.e. amphibians and invertebrates). (b) Subsection 20-354 (d) (7) requires buildings be set back at least 50' from the mean high water line of a stream. Provide the mean high water elevation or reasonable estimate and distance to buildings. It appears that buildings 5, 9, & 10 might be located within this area. Response: All buildings are located more than 50' from the creek centerline, with the closest at 80' from the centerline. The width of the creek is approximately 30', therefore the closest building is more than 65' from the top-of-bank of the creek. (c) Subsection 20-354 (d) (10) requires streets to be designed and constructed pursuant to the Chapter 9 criteria, which the applicant seeks to waive thru the proposed DA. Response: This is understood. RTC_Letter . Page 4 August 11, 2008 (d) Subsection 20-354 (d) (12) addresses a series of lighted walkways and their separation from vehicular areas. .. Response: This is understood. Walkways are being addressed in the DA. Electric and site lighting plans from Progress Energy are included with this submittal. 2. Sec. 20-356 (preliminary) requirements appear to be largely addressed thru the final engineering plans and the proposed DA, although an excerpt from the ecologist's report (not new material) should be included and would likely be adequate to describe the existing vegetation (Sec. 20-356 (8)) at the area proposed for on-site development and off-site storm-waterlfloodplain excavation/grading. Response: Please see response to item 1 above. 3. Sec. 20-357 (final) requirements are to include the following, and must therefore be included or addressed/explained to demonstrate they are not necessary: (a) Subsection 20-357 (6) (a) requires the location and width of easements, pedestrian ways, and bike paths; 20-357 (6) (b) requires the width and design of existing streets within 200'; Subsection 20-357 (6) (c) requires the location and dimensions of permanent signs; and Subsection 20-357 (i) requires the minimum building separation. Response: Certain easements and sidewalks are shown on the plans. Design and dimensions of streets and permanents signs are shown in either the civil plans or landscape plans. Building separations and setbacks are shown in the civil plans. (b) Subsection 20-357 (8) requires the design elevations and/or renderings of the structures. Staff recommends a rendering from each side, including a "cut-sheet" of the relative elevations & view from Winter Springs Boulevard at that point where the finish floor elevations are highest above the crown of Winter Springs Boulevard. The cut-sheet detail on sheet 5 of 13 does not appear to clearly convey what is proposed - no horizontal or vertical scale provided in this detail - Please provide the horizontal and vertical scale for the cross-section.. Response: The scale of the cross-section is 1 "=30' and is now shown on the plans. (c) Subsections 20-357 (9) & (10) require total acreage and types of recreation and specific recreational improvements (on-site and off-site - country club: golf, tennis, etc.). Response: All areas of the site outside of buildings, right-of-way, and conservation are considered open space/recreation. This acreage is 2.71 acres. 4. The development still must meet the aesthetic review (9-600 thru 9-606). We generally try to get the aesthetic review, final engineering, and DA to the Commission at or about the same time. Please provide some timeframe as to when the project will be ready for aesthetic review and DA approvals. Buildings, walls, signs, fences, light poles & fixtures, gazebos and other structures must go thru aesthetic review before a building permit may be issued. Buildings are to have a color rendering of each side, pursuant to Commission directive. Response: This is understood. 5. FYI: There are a number of code items where we agree to disagree and let the Commission decide, based upon the applicant providing arguments that there are unique characteristics of the development in question that make unnecessary the application of one or more code provisions. Response: This is understood. RTC_Letter . . Page 5 August 11, 2008 6. Other site plan issues: (a) to keep the process moving as quickly as possible, between approval and completion, it would be helpful to have any sales trailer and its associated parking and/or construction trailer locations depicted on the plans and included in the review and approval process. Response: At this time, there will be no sales trailer. A construction trailer site plan is included with this submittal. 7. Development Agreement Issues: (a) staff recommends stating the building setbacks in the DA; Response: The setbacks are referred to in the DA, but specifically shown on the plans. (b) trees are measured at caliper (12" above grade, not DBH), pursuant to Code (it appears that the measurements on the tree survey may have been made at DBH, based on our limited field measurements); and Response: It is believed that the trees were measured correctly. If it is determined that that there are errors, then the DA and/or landscape plans could possibly be amended. (c) include language that operations of the model units and any associated parking, pedestrian activity, or other activities with sales staff or the general public is to be adequately segregated from construction activities to ensure safety. Response: The DA addresses this safety issue. We believe that our responses sufficiently address your comments. If you have any questions or concerns, please do not hesitate to contact us at Dave Schmitt Engineering, Inc. at (407) 207-9088. Sincerely, ~, President Dave Schmitt Engineering, Inc. cc: Thomas Corkery, Congressional Homes & Developers of Florida Ted Schwartzhoff, Dave Schmitt Engineering, Inc. Patrick Rinka, Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Permit Coordination File RTC_Letter n " oN-sIrE THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Patrick K. Rinka, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 Return recorded original to: Office of General Counsel St. Johns River Water Management District 4049 Reid Street I Highway 100 West Palatka, FL 32177 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this day of ,2008 by WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company, having an address at 1491 East S.R. 434, Unit 103, Winter Springs, FL 32708, and WINTER SPRINGS GOLF, LLC, a Florida limited liability company, having an address at c/o RDC Golf Group, Inc., 375 Forsgate Drive, Monroe Township, New Jersey 08831 (together "Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes (the "Districf'), having a mailing address at 4049 Reid Street / Highway 100 West, Palatka, Florida 32177, and the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), having a mailing address at 1126 East S.R. 434, Winter Springs, FL 32708 (the District and the City are hereinafter together referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property located in Seminole County, Florida, more particularly depicted and described in Exhibit "A" attached hereto and incorporated by this reference (the "Property"); WHEREAS, Grantor grants this conservation easement as a condition of permit # 4-117-113714- 1 issued by Grantee, solely to off-set adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity; 0082065\128808\1133038\4 Winter Springs Investments 1 . NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. 1. Puroose. The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. 2. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing or destroying trees, shrubs, or other vegetation. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 3. Reserved Riahts. Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. 0082065\128808\1 133038\4 Winter Springs Investments 2 4. Riqhts of Grantee. To accomplish the purposes stated herein, Grantor independently conveys the following rights to the District and the City: . (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement. (b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Conservation Easement. 5. Grantee's Discretion. Either Grantee may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 6. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. 7. Acts Bevond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 8. Recordation. Grantor shall record this Conservation Easement in timely fashion in the Official Records of Seminole County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. 9. Successors. The covenants, terms, conditions and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective 0082065\128808\1133038\4 Winter Springs Investments 3 personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. . IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year first above written. WITNESS OR ATTEST: GRANTOR: Signature of Witness WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company Printed Name of Witness By: CONGRESSIONAL HOMES AND DEVELOPERS, LLC, a Florida limited liability company, its Manager Signature of Witness Printed Name of Witness By: Thomas J. Corkery, Manager Dated: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2008, by Thomas J. Corkery, as Manager of CONGRESSIONAL HOMES AND DEVELOPERS, LLC, a Florida limited liability company, as Manager of WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) Notary Public, State of Florida at Large My Commission Expires: 0082065\128808\1133038\4 Winter Springs Investments 4 WITNESS OR ATTEST: GRANTOR: Signature of Witness WINTER SPRINGS GOLF, LLC, a Florida limited liability company . Printed Name of Witness By: Matthew Galvin, Manager Signature of Witness Dated: Printed Name of Witness STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of 2008, by Matthew Galvin, as Manager of WINTER SPRINGS GOLF, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) Notary Public, State of Florida at Large My Commission Expires: 0082065\128808\1133038\4 Winter Springs Investments 5 DESCRIPTION: A PORTION LAND L YlNG IN LOTS 6 AND 7, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHERLY MOST CORNER OF LOT 38, CHELSEA PARC AT TUSCAWlLLA PHASE II AS RECORDED IN PLAT BOOK 46, PAGES 64 AND 65 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 29'47'02" WEST A DISTANCE OF 7.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29'47'02" WEST, A DISTANCE OF 6.90 FEET.' THENCE SOUTH 17'.37'28" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36'07'55" WEST, A DISTANCE OF 67.49 FEET: THENCE NORTH 76'26'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51'59'49" WEST, A DISTANCE OF 77.50 FEET; THENCE SOUTH 22'25'15" WEST, A DISTANCE OF 276.24 FEET; THENCE SOUTH 01'02'05" EAST, A DISTANCE OF 114.88 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 55.84 FEET, A CENTRAL ANGLE OF 64'09'43" AND A CHORD DISTANCE OF 59.32 FEET WHICH BEARS SOUTH 33'06'53" EAST' THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET; THENCE NORTH 87'21'55" WEST A DISTANCE OF 29.76 FEET; THENCE SOUTH 46'55'04" EAST, A DISTANCE OF 12.42 FEET; THENCE SOUTH 44'06'25" EAST' A DISTANCE OF 27.68 FEET; THENCE SOUTH 39'39'48" EAST, A DISTANCE OF 25.27 FEET; THENCE SOUTH 73'30'18" WEST' A DISTANCE OF 16.37 FEET; THENCE SOUTH 0015'34" EAST, A DISTANCE OF 59.92 FEET TO A POINT OF CURVATURE OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 26.02 FEET, A CENTRAL ANGLE OF 85'57'26" AND A CHORD DISTANCE OF 35.48 FEET WHICH BEARS SOUTH 38'06'26" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.04 FEET; THENCE NORTH 83'07'45" WEST, A DISTANCE OF 31.77 FEET' THENCE NORTH 56'.30'35" WEST, A DISTANCE OF 56.63 FEET; THENCE NORTH 75'42'24" WEST, A DISTANCE OF 52.15 FEET; THENCE SOUTH 89'49',53:, WEST, A DISTANCE OF 61.06 FEET; THENCE NORTH 62'56'37" WEST, A DISTANCE OF 92.94 FEET; THENCE SOUTH 82'3527 WEST, A DISTANCE OF 41.26 FEET; THENCE SOUTH 60'06'09" WEST, A DISTANCE OF 23.84 FEET; THENCE NORTH 83'09'11" WEST, A DISTANCE OF 46.15 FEET; THENCE NORTH 1719'33" EAST, A DISTANCE OF 28.23 FEET; THENCE NORTH 79'30'21" EAST, A DISTANCE OF 55.95 FEET; THENCE NORTH 22'52'03" WEST, A DISTANCE OF 32.74 FEET; THENCE NORTH 28'39'14" WEST, A DISTANCE OF 11.18 FEET; THENCE NORTH 87'21'20" WEST, A DISTANCE OF 171.66 FEET; THENCE NORTH 00'16'24" WEST, A DISTANCE OF 7.23 FEET; THENCE NORTH 3514'36" EAST, A DISTANCE OF 38.42 FEET; THENCE NORTH 34'55'34" EAST, A DISTANCE OF 23.32 FEET; THENCE NORTH 65'21'28" EAST, A DISTANCE OF 28.47 FEET; THENCE NORTH 02'25'08" EAST, A DISTANCE OF 71.09 FEET; THENCE NORTH 00'00'00" WEST, A DISTANCE OF 43.01 FEET; THENCE NORTH 48'57'19" WEST, A DISTANCE OF 31.60 FEET; THENCE NORTH 00'00'00" WEST, A DISTANCE OF 14.84 FEET; THENCE SOUTH 89'.35'38" EAST, A DISTANCE OF 41.03 FEET; THENCE NORTH 00'24'22" EAST, A DISTANCE OF 161.61 FEET; THENCE SOUTH 89'21'28" EAST, A DISTANCE OF 91.29 FEET; THENCE SOUTH 86'44'03" EAST, A DISTANCE OF 108.02 FEET; THENCE NORTH 03'15'57" EAST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 86'44'0.3" EAST, A DISTANCE OF 47.98 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 53.50 FEET, A CENTRAL ANGLE OF 103'33'10" AND A CHORD DISTANCE OF 84.06 FEET WHICH BEARS NORTH 41'29'22" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 96.69 FEET TO A LINE BEING NOT-TANGENT; THENCE NORTH 51'37'26" EAST, A DISTANCE OF 17.03 FEET; THENCE NORTH 82'00'33" EAST, A DISTANCE OF 9.79 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE BEING NON-TANGENT AND CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 6.00 FEET, A CENTRAL ANGLE OF 34'.30'26" AND A CHORD DISTANCE OF 3.56 FEET WHICH BEARS NORTH 81'.35'42" EAST; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.61 FEET TO A POINT OF TANGENCY; THENCE SOUTH 81'09'05" EAST, A DISTANCE OF 56.32 FEET; THENCE NORTH 45'05'20" EAST, A DISTANCE OF 29.23 FEET; THENCE NORTH 39'50'53" EAST, A DISTANCE OF 52.70 FEET; THENCE NORTH 09'07'15' EAST A DISTANCE OF 66.53 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE BEING NOT-TANGENT AND CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2284.88 FEET, A CENTRAL ANGLE OF 05'.36'44" AND CHORD DISTANCE OF 223.72 FEET WHICH BEARS SOUTH 76'26'50" EAST; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 223.81 FEET TO THE POINT OF BEGINNING. CONTAINING 6.37 ACRES (277,443 SQUARE FEET), MORE OR LESS. In accordance with CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: . THIS IS NOT A SURVEY. BEARINGS SHO~ HEREON ARE BASED ON THE WEST BOUNDARY LINE OF CHELSEA PARC AT TUSCAWlLLA PHASE " AS BEING S22'25'15.W, PER PLAT. ASM SKETCH OF DESCRIPTION OF CONSERVAllON EASEMENT TUSCA MLLA COUNTRY CLUB SEMINOLE COUNTY, FLORIDA SECllON 7-21-31 DA TE: 5/06/OS REVISED: SCALE: 1."'150' APPROVED BY: GJS JOB NO. 7070901 DRAWN BY: GJS AIVIER.IC:;~N SURVEVING & MAPPING INC. CERTIFICATION Of' AUTHORIZATION NUMBER LB16393 1030 N. ORLANDO A \IE. SUITE B WINTER PARK, Fl.ORIDA 3Z789 (407) 426-7979 WWW.AMERICANSURVE"I1NGANDMAPPING.CDM SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH 1. lHE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS, RIGHT OF WAY, RESTRICTlONS OF RECORD WHICH MAY AFFECT THE TlTLE OR USE OF THE LAND 2. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. lHlS DOCUMENT CONSISTS OF 2 SHEETS, NOT FULL OR COMPLETE WllHOUT ALL SHEETS. GENEL J. STURGEON, PSM 5866 DATE: SKETCH OF DESCRIPTION: CONSERVATION EASEMENT lUSCAWlllA COUNTRY ClUB . o I 75 I 150 ] ,"=150' S8971'28"E 91.29' S86"44'03"E lOB.02' IIrN7l'R (O.R. ~NGs 8 'ZO' ,::" P~GC$OUI.EltA1to :;:"1 Of: c T OF' "'~~ '&4Z-,s..) ~ "os~4ttNcn.t . ~o!'11 - LOT 6 THE EAST PART OF PHIUP R. YOUNG GRANT, SOUTH PART PlAT BOOk I, PAGE 3lI L=223.81' R=2284.8B' 6=05"36'44 " CB=S7676'50"E CH=223.72' NON-TANGENT S86'44'03"E 47.9B' 0,.... "'. ..... "'It') "'in ;., o Z L-96.69' R=53.50' 6=103'33'10" CB=N4179'22"E CH-84.06' PROPOSED CONSERVATION EASEMENT N48"57'19"W 268,457 sq.tt. 31.60' 6.16 acres L19 - I.DT" l:HnsEA PARC AT TVSCAWlUA _ PHASE 1 LOT t1 (PlAT BOOk 46. PAGES 12-83) L-62.53' R-55.84' 6=64'09'43" CB=S33'06'5 CH=59.32' NON-TANGENT ... 'io~ ll!o ...." =p o Vl FOX GLEN AT CHELSEA P ARC, TVSCAWlUA (PlAT BOOK ", PAGES 71-12) lRACi -A- I.DT .. LID LOT 7 THE EAST PART OF' PHIUP R. YOUNG GRANT, SOUTH PART PlAT BOOK 1, PAGE 3e L=39.04" R=26.02' 1>=85'57'26" CB=S38'06'26"W CH=35.48' NON-TANGENT TUSCAWlLLA COUNTRY CLUB GOLF COURSE LEGEND R /::; L CH CB NT DENOTES RADIUS DENOTES CENTRAL ANGLE DENOTES ARC LENGTH DENOTES CHORD LENGTH DENOTES CHORD BEARING DENOTES NON TANGENT SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION DATE: 5/06/08 SCALE: 1"=150' APPROVED BY: GJS JOB NO. 7070901 DRAWN BY: GJS REVISED: 5/6/08 OVERALL ESMT LINE Ll L2 L3 L4 LS L6 L7 L8 L9 LlO Lll Ll2 Ll3 Ll4 LlS Ll6 Ll7 Ll8 Ll9 L20 L21 L22 L23 L24 LIN[ T ABL[ BEARING S29'47'02''''' N87'21'SS''''' S46'SS'04'E S44.06'2S'[ S39'39'48'[ S73'30'18''''' N83'07'4S''''' NS6'30'3S''''' N7S'42'24''''' S89'49'S3''''' N62'S6'37''''' S82'3S'27''''' S60.06'09''''' N83'09'W"" NI7'19'33'E N79'30'21'[ N22'S2'03''''' N28'39'14''''' NOO'16'24''''' NS7"37'26'[ N82.00'33'[ S81'09'OS'[ N4S'05'20'[ N39'SO'53'[ LENGTH 6,90' 29,76' 12.42' 27,68' 25.27' 16,37' 31.77' 56.63' 52,15' 61.06' 92,94' 41,26' 23,84' 46.15' 28,23' 55,95' 32.74' 11.18' 7,23' 17.03' 9,79' 56.32' 29.23' 52.70' ft5M AIV1ER.IC~N SUR.VEYING & MAPPING INC. CERnf'ICAnON or AUTHORIZAnON NUMBER LB#6J9J 1030 N. ORLANDO AIlE, SUITE B WINTER PARK, flORIDA 32789 (~07) 426-7979 WWW.AMERICANSURVEYlNGANOMAPPING.COM I ~ .. ,~..': 'I DAVE SCHMITT ENGINEERING, INC, 13013 fOUNDERS 90UARE DR ORlAHOO,Fl3282ll 407.2(l7-1O11l! fA:X407-207-11Ollll r l " ,II , J I i IJ I' H " I 17 \ ~' I ~ ~"'S..... ... ! I , i 'j ,I i c ~ .... 1"" 1,t. !" 1:{ 15 l! t !f r' I I, I_ 24' _15'1_ LC) RAMP a .,.. NOTE: PARKING AREA TO BE GRA VEL. HANDICAP SPACE & SIDEWALK TO BE PA VED OR CONCRETE. I 40' I - ~ TRAILER DETAIL """"""' .""""""" DA~: AUGUST 200Il PROJECT NO.: CHD-2 DRAWN"": GAG CHl:CI(lOBY: lTS SCM..E: '-...0' SHEET: 1 Of 1 CONSTRUCTION TRAILER PLAN & DETAIL TUSCA WILLA GREENS WINTER SPRINGS, FL 0.-- ~ -- ..__.._-_.._---~ ''--t_.._.___........___.l.r__..._ _';:_-:-..:..""::'":_--:.'::WI__.,........____ . THIS INSTRUMENT WAS PREPARED BY: Patrick K. Rinka, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 AND SHOULD BE RETURNED TO: Anthony Garganese, Esquire Brown Salzman Weiss & Garganese 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this day of , 2008, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company ("WSI"), whose address is 1491 East S.R. 434, Unit 103, Winter Springs, Florida 32708. WIT N E SSE T H: WHEREAS, WSI is the fee simple owner of (or has the contractual right to purchase) certain real property located within the City in Seminole County, Florida and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, and the development thereof, is subject to that certain Settlement Agreement by and between Florida County Clubs, Inc., a Florida corporation, and the City dated June 16, 1993, as amended pursuant to that certain Amendment Settlement Agreement No. 1 dated April 14, 1994, as further amended pursuant to that certain Second Amendment to Settlement Agreement dated September 30, 1995; and WHEREAS, WSI intends to develop an approximately 6.48 acre portion of the Property as more particularly described and depicted on Exhibit "B" attached hereto as a single-family residential (condominium) community at a maximum density of sixty (60) units to be known as "The Greens at Tuscawilla" (the "Project"); and WHEREAS, the remaining portion of the Property as more particularly described and depicted on Exhibit "C" attached hereto will be subject to a Conservation Easement in favor of the City and the St. Johns River Water Management District; and 0082065\128808\1137454\3 . WHEREAS, pursuant to the approval of the City Commission on , 2008 WSI desires to facilitate the orderly development of the Project on the Property as depicted in those certain Combined Preliminary/Final Engineering Plans for Tuscawilla Greens prepared by Dave Schmitt Engineering, Inc. under Job No. CHD-2, dated , 2008 and approved by the City Commission on , 2008 (the "Plans") in compliance with the laws and regulations of the City; and WHEREAS, the City Commission has recommended entering into this Agreement with WSI for the development of the Project; and WHEREAS, in addition to WSI's compliance with the City Land Development Code (the "Code"), permitting and construction not in conflict herewith, the City and WSI desire to set forth the following special terms and conditions with respect to the development and operation of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Oblieations and Commitments. In consideration of the City and WSI entering into this Agreement, the City and WSI hereby agree as follows: (a) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Plans. All water and sewer improvements required to service the Property as shown on the Plans shall be at WSI's expense. (b) Formation of Condominium Association. WSI hereby acknowledges and agrees that it intends to form a mandatory condominium association (the "Condominium Association") for purposes of maintaining any and all common areas, landscaping, streets, sidewalks, streetlights, regulatory signage, entrance signs, gates, walls, fences, recreational areas and stormwater drainage facilities associated with the Project. A separate Declaration of Condominium (the "Declaration") will be executed and recorded among the Public Records of Seminole County, Florida to evidence the formation of the Condominium Association and establish its rights, duties and obligations. (c) Gated Community. The City hereby agrees that in the event that WSI provides reasonable evidence that the Condominium Association has been duly formed and incorporated under the laws of the State of Florida as a mandatory condominium association with the authority and obligation to levy and collect regular and special assessments for the ongoing operation, maintenance and repair of any and all gates, recreational areas, streets, sidewalks, streetlights, regulatory signage and stormwater 0082065\128808\1137454\3 Developer's Agreement - 2 - . drainage systems, and any other common areas located within the Project (hereinafter referred to as the "Private Roadway Improvements") and otherwise complies with the requirements of Section 9-157 of the Code, the City shall grant gated community status for the Project. WSI acknowledges that the internal Project roadways comprising the Private Roadway Improvements are designed at WSI's request and sole risk with a forty foot (40') wide right-of-way and do not meet City design standards as set forth in Sections 9-147 and 9-296 of the Code, therefore such roadways shall not become part of the City roadway system (and must remain private) in the future. The Condominium Association shall have the obligation, at its sole cost and expense, to maintain, repair and replace (as necessary) the Private Roadway Improvements as described above, which obligation shall run with title to the condominium units within the Project as evidenced in the Declaration. The Declaration shall also establish such access and utility easement rights in favor of the Condominium Association and residents of the Project as may be necessary for the orderly use and development of the Project. City and other governmental emergency, code enforcement, public and utility service personnel and vehicles shall be allowed access into the Project in accordance with Section 9-157(b) of the Code. (d) Construction Trailer. During the period from the date hereof through and until the completion of the construction of the Project, WSI shall have the right to maintain one (1) trailer on the Property for use by its contractors and construction workers. (e) TrashlRefuse Service. The City hereby agrees that trash and refuse pickup will be provided for each individual residential unit, therefore no Project dumpsters will be located on the Property as otherwise required pursuant to Section 9-280 of the Code. (f) Buffer Walls and Fences. WSI shall install and maintain a six foot (6') tall decorative wrought-iron or similar fence along the Property boundary adjacent to Winter Springs Boulevard in accordance with the aesthetic review approval granted by the City Commission on , 2008 pursuant to Sections 9-603 and 9-605 of the City Code. (g) Sidewalks. The City Commission has determined that it is in the best interest and welfare of the environment to exempt the Project from the requirement to construct internal sidewalks in accordance with the terms of Section 9-221(b) of the City Code. (h) Model Units/Sales Office. The City hereby agrees that WSI shall be permitted to construct model condominium units under the following conditions: (i) The model condominium units shall be contained in a single building (the "Model Building") and shall not exceed four (4) individual units. (ii) The model condominium units shall remain under WSI's ownership and control until such time as a final certificate of occupancy for each unit is issued under the conditions set forth below. 0082065\128808\1137454\3 Developer's Agreement - 3 - . (iii) The model condominium units shall be constructed in a location reasonably acceptable to the City, and any associated parking, pedestrian activity and other activities conducted by sales staff or the general public shall be adequately segregated from construction activities to insure safety. Vertical construction shall not commence until stabilized access and fire protection is available. (iv) Prior to construction, the model condominium units shall be duly permitted by the City in accordance with all City Codes. (v) At such time as the City Building Official completes and approves a final inspection of the model condominium units, the City will issue a temporary certificate of occupancy. Said temporary certificate of occupancy shall be issued for the Model Building as a whole, not by individual units. Occupancy of the model condominium units shall be limited to the sale and marketing efforts for the Project until a final certificate of occupancy is issued for such units. In addition, WSI shall have the right to utilize one garage in the Model Building as a temporary sales office. (vi) At the request of WSI or at such time as the Project development is completed, whichever occurs sooner, the model condominium units shall be converted into permanent residential units and the City shall issue final certificates of occupancy for each model condominium unit; provided, however, that the City Building Official determines that such units are suitable for permanent residential occupancy and in compliance with the City Codes. (i) Electric and Lighting Plan. WSI shall submit a proposed electric and lighting plan to the City at such time as the applicable information is provided to WSI by Progress Energy. No certificate of occupancy shall be issued for the Project until the lighting plan is approved by the City and street lights are in place in accordance with such plan. Approval of the electric and lighting plan shall be coordinated with the Urban Beautification Manager and be subject to aesthetic review in accordance with the terms of the Code. (j) Specimen Trees. Approval of this Agreement by the City Commission shall constitute approval of the removal of seven (7) specimen trees 24" caliper or greater as depicted in WSI's landscape plans for the Project. (k) Off-Site Easements. WSI shall obtain and record any necessary easements for access to and maintenance of off-site stormwater ponds and conservation areas upon terms and conditions reasonably acceptable to the City. (1) Setbacks. The City has granted a waiver for the Project with respect to setbacks in accordance with the terms of Section 20-84 of the City Code, and therefore the building setbacks as depicted on the Plans are hereby approved. (m) Driveway Separation. Approval of this Agreement by the City Commission shall constitute approval of the waiver of the minimum distance 0082065\128808\1137454\3 Developer's Agreement - 4 - requirements for driveway openings onto the same street as generally required pursuant to Section 17-29 of the City Code, and therefore driveway separation distances within the Project shall be in accordance with the Plans. . (n) Emergency Ingress and Egress. WSI shall obtain and record an off-site easement in favor of the City for emergency ingress and egress in a location upon terms and conditions reasonably acceptable to the City. 4. Representations of the Parties. The City and WSI hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and WSI and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. WSI represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Condominium Association, and the members thereof, to the terms and conditions set forth in this Agreement. 5. Successors and Assi2ns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and WSI and their respective successors and assigns including, but not limited to, the Condominium Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 6. Applicable Law. This Agreement shall be governed by and construed In accordance with the laws of the State of Florida. 7. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire A2reement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and WSI as to the subject matter hereof. 9. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. II. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and WSI is an independent contractor and not an agent of the City. Nothing herein 0082065\128808\1137454\3 Developer's Agreement - 5 - shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. . 13. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 14. City's Police Power. WSI agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 16. Permits. The failure of this Agreement to address any particular City, county, state, and/or federal permit, condition, term, or restriction shall not relieve WSI or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 17. Third-Partv Rights. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 18. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 19. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve WSI or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if WSI is in breach of any term or condition of this Agreement. [SIGNATURES FOLLOW ON NEXT PAGE] 0082065\128808\1137454\3 Developer's Agreement - 6 - IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. . CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. CITY SEAL Dated: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so.. Witness my hand and official seal this _ day of ,2008. (NOTARY SEAL) Notary Public My commission expires: 0082065\128808\] ] 37454\3 Developer's Agreement - 7 - Signed, sealed and delivered in the presence of the following witnesses: WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company . By: Signature of Witness Thomas J. Corkery, Manager Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of ,2008, by Thomas J. Corkery, as Manager of Winter Springs Investments, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) 0082065\128808\1137454\3 Developer's Agreement - 8 - .: i i ;i !~ Ii i!9li ~Ii ;; ;:1 "I;. I,d t i . 1;' il Meu I! Ii' ; ~ It ii i!~i~ I~ 5 j~ ~ ~ ~ 4~ ~!!~.i U i '. ~ ~ i:~ :.d~i 'I"!~ ~ ~ R~' '~:i~g '~~'i ~ ~ ., I..~~ ,p!. ~ ~ ~ ~ '.~g~ ;. ~ .ii . e , 5 ~~~.s eA ~ ~I '!. ~ is! ~~ ~ " ~. 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" 'In J~' ;c~Ui., il.l';i .~~ ~.'J .~I '1 i ~ K" I~m~:i I!f!~ia il: 'r" ~E ~r."~ " ~~i~~I~. li~i~li ~iii ii!':~h ~ !,~!<i': !i~ ~ :ii!el;~I:: j'~i:l. 6"h ...-.!" .f'-K ~ ~?, ~A.ii!.gh~ ~.~;l" .Id .I....~. I".' ."! '" ..~ii!~i~~ '1~.lj ~I- ihiiW. ; ;!" ~:I ~'A...X. .~~ .., ~. .~I~~'.' ii!ag~:A~ ~! ......~~~~ ,i I-~ ~~ ~~~h'!i ~ -""!.'~'l r: &;~:;Ah.... J!.i.~~.rl!. !~ ~~s~ri!.....~.... s:;!ae..liIf~!;'; ~: eh~~~t~:i ;~i~~Uli~I~' ," ..~~.~lllla -n~ i~"";U ~i ii!J;.I'~i~. a....&~..iis-! A, ~'~i".~i.!.i~.'s~I.&.,~>~I; ~~ A.... .~. ...-1. '~";:i" .. li~:m~i;~I~~~!.i~~;~ia~~i i! 'A....... d.f'. ~ "ii!ii!U'iW ~i JOB NO.: 1010801 nEto DAI[: 08/08/07 SCALE: 1".~. DRAWN BY: ua / NK _0 08'1': G.IS DRAWING ru, 7070901 aNDY.Owe 1\9N\ A"""ERICAN SURVeVING &~:~a~~ l'!"1r- , , \ \ " , EXHIBIT I \~ ~~H ~ . A NOO"24'S.-E(O) lUIII8' NOO'ZG'4J r-' e. j! II : I ,!!:!:.DR ~ t ~ I ~ I ~ t I~ i I h I ~ I I~ 't ~ I ~ I ~ I ~ t I ~ t ~ II I u ~ €\l t ; , ~ I ;:iif III I i """"- , , , \ , , , , \ , , , , ~t:o ~i~ I~! -~~ - i:~ ~ '- , , , , , , , , , " " , \ I I , , .....--- , , \ I I I I I I I I ---~~~--, I :"'''), - - .................. "- I I I / f ',~" I 01 J 1 ~: ~ " " ~' , ....8,EIf,uon.",.41I(: J. I ",.~ f, / .... __.._......rKA-.u" ...4.~'t~ II : . " ........'..,. ~ / ~ " / I ql i is ~r o. .. r; i I ~. .~l "; il .l~~ ~ r' J~' ., .~ .~ ;i~ E; !.i !i!i~ i .' ..~ ! I~ ~.l! _ ~~ !j' "I' ~J . ,I- i ~'I ~. ii A~. i','~~ i~ .M.! i. i; j: .1 ii ~~ .; wi o. i: i~ . . '." ! & )z~ ALTA ACSM BOUNDARY SURVEY "", DATE R['ASlONS , 09-14-2007 ADO IMPROVEMENTS , 09-20-2007 ADDEO SEWER r.tANHOl,.ES-.PN ~ - O(N(L J. STURGeON. PSLl nUE 1lJ.1J; ill OF TUSCA'MLLA COUNTRY CLUB SECTION 7-21-31 SEMINOLE COUNTY, FLORIDA EXHIBIT "B" · DESCRIPTION: A PORTION OF LOTS 5, 6, 7 AND 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLA T BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWlLLA PHASE I, AS RECORDED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWlLLA PHASE I, PLAT BOOK 45, PAGES 82-8.3 NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWlLLA, PHASE I, PLAT BOOK 45, PAGES 82-8.3 NORTH 87"21'25" WEST, A DISTANCE OF 529.8.3 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87"21'25" WEST, A DISTANCE OF 30.09 FEET; THENCE NORTH 67"55'28" WEST, A DISTANCE OF 1.36.13 FEET; THENCE SOUTH 23'12'11" WEST, A DISTANCE OF 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11" EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH 00'15'46" EAST, A DISTANCE OF 116.55 FEET; THENCE NORTH 61'13'03" EAST, A DISTANCE OF 11.74 FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF 193.64 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD; THENCE ALONG THE SOUTH RIGHT OF WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 89'58'36" EAST, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 16'22'49" AND A CHORD DISTANCE OF 653.15 FEET WHICH BEARS SOUTH 81'47'12" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 655.38 FEET; THENCE DEPARTING THE SOUTH RIGHT OF WAY LINE SOUTH 29'47'02" WEST, A DISTANCE OF 7.71 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,284.88 FEET, A CENTRAL ANGLE OF 05'36'44" AND A CHORD DISTANCE OF 223.72 FEET WHICH BEARS NORTH 76'26'50" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 223.81 FEET; THENCE SOUTH 09'07'15" WEST, A DISTANCE OF 66.53 FEET; THENCE SOUTH .39'50'53" WEST, A DISTANCE OF 52.70 FEET; THENCE SOUTH 45'05'20" WEST, A DISTANCE OF 29.23 FEET; THENCE NORTH 81'09'05" WEST, A DISTANCE OF 56.32 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 6.00 FEET, A CENTRAL ANGLE OF 34'.30'26" AND A CHORD DISTANCE OF 3.56 FEET WHICH BEARS SOUTH 81'35'42" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF .3.61 FEET; THENCE SOUTH 82'00'33" WEST, A DISTANCE OF 9.79 FEET; THENCE SOUTH 57'37'26" WEST, A DISTANCE OF 17.03 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 53.50 FEET, A CENTRAL ANGLE OF 10.3'.33'10" AND A CHORD DISTANCE OF 84.06 FEET WHICH BEARS SOUTH 41'29'22" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 96.69 FEET; THENCE NORTH 86'44'03" WEST, A DISTANCE OF 47.98 FEET; THENCE SOUTH 03'15'57" WEST, A DISTANCE OF 43.89 FEET; THENCE NORTH 86'44'03" WEST, A DISTANCE OF 108.02 FEET; THENCE NORTH 89'21'28" WEST, A DISTANCE OF 91.29 FEET; THENCE SOUTH 00'24'22" WEST, A DISTANCE OF 161.61 FEET; THENCE NORTH 89'35'38" WEST, A DISTANCE OF 41.03 FEET; THENCE SOUTH, A DISTANCE OF 14.84 FEET; THENCE SOUTH 48'57'19" EAST, A DISTANCE OF .31.60 FEET; THENCE SOUTH, A DISTANCE OF 43.01 FEET; THENCE SOUTH 02'25'08" WEST, A DISTANCE OF 71.09 FEET; THENCE SOUTH 65'21'28" WEST, A DISTANCE OF 28.47 FEET; THENCE SOUTH 34'55'34" WEST, A DISTANCE OF 23.32 FEET; THENCE SOUTH 35'14'36" WEST, A DISTANCE OF 38.42 FEET; THENCE SOUTH 00'16'24" EAST, A DISTANCE OF 7.23 FEET TO THE POINT OF BEGINNING. CONTAINING 6.48 ACRES (282.171 SQUARE FEET), MORE OR LESS. In accordance with CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASEO ON THE SOUTH BOUNDARY LINE OF CHELSEA PARC AT- TUSCAWlLLA PHASE AS BEING N6511'45"W, PER PLAT. 1\5M 1. THE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS, RIGHT OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TIRE OR USE OF THE LAND 2. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS DOCUMENT CONSISTS OF 2 SHEETS. NOT FULL OR COMPLETE WITHOUT ALL SHEETS. SKETCH OF DESCRIPTION OF CONDOMINIUM PARCEL THE GREENS AT ruSCA WILLA SEMINOLE COUNTY, FLORIDA SECTION 7-21-31 DA TE: 07/25/08 REVISED: SCALE: N/A APPROVED BY: GJS JOB NO. 7070901 DRAWN BY: US AIVIER.IC~N SUR.VEYING & MAPPING INC. CERnflCA nON or AUlHORtZA nON NUUBER LB16393 lDJO N. DRl.ANDD AVE. SUITE B WINTER PARK, FLORIDA 32789 (407) 426-7979 WWW.AUERICANSURVE'I'1NGANDUAPPING.COIot J:1 ),-~/ GENEL J. DATE: ".., -:::t..~o 3 <::"11IC/llPnN PSM 5866 l ' 1:\2007170717070901 TUSCAWlLLA COUNTRY CLUBldwgl7070901 CONSERVATION AND CONDOMINUM SOO.dwg, 712512l1Ol14:2B:34 PM. 1:'1 SKETCH OF DESCRIPTION: Z 01 ... ... =-~ -..J . -1>:.:... ~.e ; ~ N0015'4S"E rri rrl' 116.55' J /NOO"24'38"E 183.86' R DENOTES RADIUS 6 DENOTES CENTRAL ANGLE L DENOTES ARC LENGTH CH OENOTES CHORD LENGTH CB DENOTES CHORD BEARING NT OENOTES NON TANGENT .. Z 01 ~ o ." z OJ .... ~ N '" :l l15 tD ,.., G) Z z Z G) zL-- ," = 120' GRAPHIC SCALE 60 120 "'U o Z '" -I ,,:"i! ~ 0 ~g'" "tJ~ -T1 ~~~ ~>~(') g!i.J'" -1-0 n 0 ;;JI;>~b ~~~3::,"~;o-l en z i:: -0 -101 ^~~('T1 ~g~ t.20 z "':;!" ;,,,, ~ ~ lll,,~ il;~S:O::: ~" "';1; ~,.., ... ~~PZ ~i i l:~Q'" ~,. ~ ' b ,o( ~ (0,,' !lr-.t '~~a "'r Sg............ "i <J!/Rtfl..s".'o.".ot;j /f((~. ' '...""/- S<;1,o '0' , ,o",~,o r2' ~~ t '....~4-:'~t.4>.Ec.... 8d"'C, ~ "it ....~ 6~1Us l...!if,' ::Po!, .,r"'If?,,,,, ~~ . .:t./!:i JJ '" '" CD a, ~ o LEGEND .".------ '" / "'0 ,o~ C( ~ '0,r it "'r "fer oq,,: .,~((~ , ,0""4- ,o"'1i1 80 C. ft5M L14 SOO"24'22"W 161.61' SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION DA TE: 07/25/08 SCALE: 1.~120' APPROVED BY: GJS AIVIERICAN SUR.VEYING & MAPPING INC. CERnFlCA nON OF' AUTHORIZA nON NUMBER LBI6393 1030 N. ORLANDO AVE, SUITE B \\INTER PARK, F'LORIDA 32789 (407) 426-7979 WWW.AMERICANSURVEYlNGANOMAPPING.COM LINE Ll L2 L3 L4 LS L6 L7 L8 L9 LID Ll1 L12 L13 L14 LIS L16 L17 L18 L19 liNE TABLE LENGTH 66 270' 29. 3' 6 9.79' 17.03' 4 B' 43 108.02' 91. ' 41.03' 14.84' 1 43 I' 710 ' 28.47' 2.32' .4 ' 7. ' JOB NO. 7070901 DRAWN BY: US !: o r- 10 (')(')I>:;or- II alII II II lHlIlHOIlH . lJl ~. . C1lOl,,"OOl ~-:oq"""- lH ' C1lN ,01 ~ = ~ :eo REVISED: H:I2007\7D7\7D70901 TUSCAWILLA COUNTRY CLUB\dwg\70709D1 CONSERVATION AND CONOOMINUM SOO.dwg, 7/25/20084:28:41 PM, 1:1 NOO"26'43"E 193.64' (')(')I>:;or- II tD II II II OllloC1lIO ~lJllHlH!'l o~""tn~ ~rJlHq . 10"': .0 ~ . . :e (')(')I>:;or II al II II II NIIONN NZC1lNN lH-..J,,"Ol~ ~~~~Ol NN~Ol"'_ '0I~0l ui = - ~ :i lJl 01 co u1 01 vi ~ rri !!l N :IE :l: 10 Z ... !t:l iTI III lH ~ l'! ::0 -< (J) c: z ~." ,., q::o ",- -z go \Ol(J) ~m -<0 C r- JTI ~ ::0 C (')('):;orl> II tD II II 11 01111\.)01;:;: l.J1 lJl I\.) C1l v; ~~~!J1~ l.J1~:"'~~ -'!.~ -co - - : I\.) rri S29"47'02"W 7.71' . DESCRIPTION: EXHIBIT "e" A PORTION LAND LYING IN LOTS 6 AND 7, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHERLY MOST CORNER OF LOT 38, CHELSEA PARC AT TUSCAWlLLA PHASE II AS RECORDED IN PLAT BOOK 46, PAGES 64 AND 65 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 29'47'02" WEST, A DISTANCE OF 7.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29'47'02" WEST, A DISTANCE OF 6.90 FEET; THENCE SOUTH 17'37'28" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36'07'55" WEST, A DISTANCE OF 67.49 FEET; THENCE NORTH 76'26'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51'59'49" WEST, A DISTANCE OF 77.50 FEET; THENCE SOUTH 22'25'15" WEST, A DISTANCE OF 276.24 FEET; THENCE SOUTH 01'02'05" EAST, A DISTANCE OF 114.88 FEET TO A POINT OF CURVA TURE OF A CIRCULAR CURVE CONCA VE NORTHEASTERLY HAVING A RADIUS OF 55.84 FEET, A CENTRAL ANGLE OF 64'09'37" AND A CHORD DISTANCE OF 59.31 FEET WHICH BEARS SOUTH 33'06'57" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET; THENCE NORTH 87"21'25" WEST, A DISTANCE OF 529.83 FEET; THENCE NORTH 00'16'24" WEST, A DISTANCE OF 7.23 FEET; THENCE NORTH 35'14'36" EAST, A DISTANCE OF 38.42 FEET; THENCE NORTH 34'55'34" EAST, A DISTANCE OF 23.32 FEET; THENCE NORTH 65'21'28" EAST, A DISTANCE OF 28.47 FEET; THENCE NORTH 02'25'08" EAST, A DISTANCE OF 71.09 FEET; THENCE NORTH 00'00'00" WEST, A DISTANCE OF 43.01 FEET; THENCE NORTH 48'57'19" WEST, A DISTANCE OF 31.60 FEET; THENCE NORTH 00'00'00" EAST, A DISTANCE OF 14.84 FEET; THENCE SOUTH 89'35'38" EAST, A DISTANCE OF 41.03 FEET; THENCE NORTH 00'24'22" EAST, A DISTANCE OF 161.61 FEET; THENCE SOUTH 89'21'28" EAST, A DISTANCE OF 91.29 FEET; THENCE SOUTH 86'44'03" EAST, A DISTANCE OF 108.02 FEET; THENCE NORTH 03'15'57" EAST, A DISTANCE OF 43.89 FEET; THENCE SOUTH 86'44'03" EAST, A DISTANCE OF 47.98 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 53.50 FEET, A CENTRAL ANGLE OF 103"33'10" AND A CHORD DISTANCE OF 84.06 FEET WHICH BEARS NORTH 41 '29'22" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 96.69 FEET TO A LINE BEING NOT-TANGENT; THENCE NORTH 57'37'26" EAST, A DISTANCE OF 17.03 FEET; THENCE NORTH 82'00'33" EAST, A DISTANCE OF 9.79 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE BEING NON- TANGENT AND CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 6.00 FEET, A CENTRAL ANGLE OF 34'30'26" AND A CHORD DISTANCE OF 3.56 FEET WHICH BEARS NORTH 81'35'42" EAST; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.61 FEET TO A POINT OF TANGENCY; THENCE SOUTH 81'09'05" EAST, A DISTANCE OF 56.32 FEET; THENCE NORTH 45'05'20" EAST, A DISTANCE OF 29.23 FEET; THENCE NORTH 39'50'53" EAST, A DISTANCE OF 52.70 FEET; THENCE NORTH 09'07'15' EAST A DISTANCE OF 66.53 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE BEING NOT-TANGENT AND CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2284.88 FEET, A CENTRAL ANGLE OF 05'36'44" AND CHORD DISTANCE OF 223.72 FEET WHICH BEARS SOUTH 76'26'50" EAST; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 223.81 FEET TO THE POINT OF BEGINNING. CONTAINING 5.54 ACRES (241,225 SQUARE FEET), MORE OR LESS. In accordance with CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. BEARINGS SHOWN HEREON ARE BASED ON THE WEST BOUNDARY LINE OF CHELSEA PARC AT TUSCAWlLLA PHASE /I AS BEING S22'2S'1S"W. PER PLAT. ft5M SKETCH OF DESCRIPTION OF CONSERVATION EASEMENT OVERLAP THE GREENS AT TUSCAWlLlA SEMINOLE COUNTY FLORIDA SECTION 7-21-31 DA TE: 07/25/08 REVISED: SCALE: N/A APPROVED BY: GJS JOB NO. 7070901 DRAWN BY: UB AIVIER.ICA.N SUR.VEYING & MAPPING INC. CERnFlCA nON or AUlHORIZA TlON NUMBER lB'6393 1030 N. 0RlAN00 AVE. SUITE B WINTER PARK, flORIDA 32789 (407) 426-7979 WWW.Al.tERlCANSURVEYlNGANDIAAPPlNG.COlol i;\2007\707\7070901 TUSCAWllLA COUNTRY ClUB\dwg\707DllOl CONSERVATION AND CONOOMINUM SQIl.dwg, 7I25l2OOII4:34:48 PM. 1:1211 SHEET 1 OF 2 SEE SHEET 20F 2 FOR SKETCH 1. THE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS. RIGHT OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TITLE OR USE OF THE LAND 2. NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS DOCUMENT CONSISTS OF 2 SHEETS, NOT FULL OR COMPLETE WITHOUT ALL SHEETS. ~ ~ 7-",= N L J. S N, PSM 5866 DATE: '. SKETCH OF DESCRIPTIO.N: CONSERVATION EASEMENT OVERlAP THE GREENS AT TUSCAWlLlA ... \ J ~ WJNTf:R (F:~NGS 8 Po 120' 1057, P-4 OULf" -. _ _ I/OR~~IrOF' CO" ~IGltTOF-:~ 1642-1644) v'ARD , - "'OST ~V/'MtNc ::::::::-- , _ ~ .L'::... 'fa'MtN T~ - - -J '_ POINT OF EGINNING L=22.3,81' R= 2284,88' &=OS".36'44" ~dl LOT:58 CB=S76'26'50"E 01, \"", 'Nl, I'" ' .."I" C=223.72 . ..~ 6':26'55" ~~ \ ,:>09 72.69' W, I\'!\ \ \\ ""' 9 I>i \ . 1'0 .<::1. LOT:59 C?<(., ~'j . \ \ ")1'0 \ ~~ c:,':l \ LOT 41 \~OT 40 <? CB=N81 ".35'42"E ~~., \ \ ~'v"?- C=3,56' \.. ~d:!11t TRACT "A" , r.i~".,... ry "" ll.~ .if ~ ,'3 ,,~; ~ ~ ll.' ,~~ ,:;: !!fJ '... '\ 0; CV ~~;J...... "?- qt' t;!t LOT 42 ' ~CJ.. ~", ~~ "'.... <?~ q,r1" ~ . "?- ~ .... LOT 4:5 c,~ ~ ........ ,...<(.,'v "'-..!:.J'f.' ~ LOT 44 .. ....... ,:!) ...... LOT 1~ ....... /fJ ...... f:: ......- "1 LOT 12 CHELSEA P ARC AT .........--_ TUSCAWlLLA PHASE 1 LOT 11 (PLAT BOOK 46, PAGES 82-8:5) LlO L9 - S29'47'02"W 7.71' '- 1" = 120' GRAPHIC SCALE o 60 120 L=96,69' R=53,SO' &=103"33'10" CB=N41'29'22"E C=84,06' m :i ,!-LJ N' N'- _ m .".' N'- "m 0'- o z UNE Ll L2 L3 L4 L5 L6 L7 L8 L9 LID Lll L12 L13 L14 L1S L16 L17 L18 L19 UNE TABLE UENGTH 66.S3' S2.70' 29 ' S6.3 ' 979' 17.0:5" 47.98' 43.B9' 108,02' 91.29' 41.03' 14.84' 31. 0' 43.01' 71.09' 28.47' 23.32' 38.42' 7.23' PROPOSED CONSERVATION EASEMENT L\=S4"09'37" L=S2,53' R=SS,84' CB=S33'OS'S7"E C=S9,31' ,!-LJ .in 100 10- ,N -.to -' -5 U'l LOT 60 N87'21'25"W TRACT 'A' FOX GLEN AT CHELSEA PARCo TUSCAWlLLA (PLAT BOOK 49, PAGES 78-82) 529,83 LEGEND BEARING N09"07"S"E N39'SO'S3" N4S"OS' 0 S81"09'05"E N82"OO'33'E NST 7'26"E 86'44'03" N03'S'S7"E 586'44'03" S89'2,'28'E S89'35'38' NOO"OO'OO" N48'57'19"W NOO'OO'OO"w N02'2S'08"E N6S'21'28"E N34'SS' 4"E N3S'4'36"E NOO'6'24"W R DENOTES RADIUS A DENOTES CEN TRAL ANGUE L DENOTES ARC LENGTH CH DENOTES CHORD UENGTH CB DENOTES CHORD BEARING 1\5M SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION OA TE: 07 25/08 REVISED: SCALE: 1"=120' APPROVED BY: GJS JOB NO. 7070901 DRAWN BY: UB AIVIERICA.N SURVEYING & MAPPING INC. CERTlFlCA nON OF- AUlHORIZA nON NUMBER LB16393 1030 N. ORLANDO AIlE, SUITE B \\lNTER PARK, FLORIDA 32789 (407) 426-7979 WWW.AMERICANSUR\IE.I.lNGANOMAPPlNG.COM i:\2007l707\70709D1 TUSCAWlLLA COUNTRY CLUBldwg\7070901 CONSERVATION ANO CONOOMINUM SOO.dwg. 7/2512008 4:34:54 PM, 1 :120