HomeMy WebLinkAbout2000 12 06 Regular Item A
CITY OF WINTER SPRINGS, FLORIDA
. . 1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
PLANNING & ZONING BOARD I LOCAL PLANNING AGENCY
AGENDA ITEM
II A. BELF AIRE (BATTLE RIDGE) SUBDIVISION PRELIMINARY
ENGINEERING PLANS
STAFF REPORT:
NOTE:
Don LeBlanc, Land Development Coordinator" will make the presentation to the
Planning & Zoning Board.
PLANNING AND ZONING BOARD
AGENDA ITEM A
December 6. 2000
Meeting
REQUEST: Community Development Department, Land Development Division, presents to
the Planning and Zoning Board the Staff recommendation on the preliminary
engineering plans for the proposed Belfaire Subdivision (aka Battle Ridge) in
order that the Board make a recommendation to the City Commission for their
action on this project.
PURPOSE: The purpose of this agenda item is to present to the Planning and Zoning Board
the Staff recommendation on the preliminary engineering plans for the proposed
Belfaire Subdivision (aka Battle Ridge) in order that the Board forward a
recommendation to the City Commission for action on this project. The property
is located on the north side of SR 434 and is approximately one (I) mile east of
the Greeneway. The zoning for this property is R-I A (Single Family Residential).
APPLICABLE CODE/ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
Section 9-46. Filing and contents of preliminary map and plan.
(a) Preapplication approval procedure. It is recommended that any developer
contemplating subdividing land in the city consult with city planning, building
and engineering officials before laying out any such plan. The above-referenced
officials shall advise such person in the preparation of any such plan particularly
as regards the requirements of these regulations.
(b) Preliminary plan.
(I) The applicant shall prepare and submit a preliminary subdivision map and!
or plan together with other supplementary material specified below,
accompanied by the appropriate form and fee to the city planner who shall
process the application in accordance with provisions of this Code:
Processing shall be as follows:
a. City planner.
b. City engineer.
c. Staff review.
d. Planning and zoning board.
e. City council.
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 2
(2) Preliminary plan supporting data. The preliminary plan shall be drawn on
standard twenty-four-inch by thirty-six-inch paper for convenient filing at
a reasonable scale (normally one (1) inch equals one hundred (100) feet)
and shall include thefollowing:
a. Name of development; date of preliminary plan or revision; scale
of plan, north arrow; approximate acreage in the tract being
subdivided; total number of lots; name, address and telephone
number of developer, surveyor and engineer.
b. Location map showing relationship between area proposed for
development and surrounding area.
c. Legal description of tract to be subdivided.
d. Boundaries of tract shown by a heavy line.
e. Existing streets. The name, location and right-of-way width of all
existing improved streets, rights-of-way and platted streets within
two hundred (200) feet of the proposed subdivision; surface
elevation, including any legally established centerline elevations;
walks, curbs, gutters, culverts, etc.
f. Proposed streets. The name of temporary designation (Street A, B,
e, etc.), right of way, and type and width of pavement. Include
any streets shown on the adopted comprehensive plan.
g. Proposed easements or rights-of-way other than for streets (e.g.,
for drainage, pedestrian ways, bridle paths, or bicycle paths),
location, width and purpose.
h. Lots. Lot lines and scaled dimension, lot numbers, and/or block
numbers, and building setback lines for irregularly shaped lots.
The building setback distance is the distance required to meet the
minimum lot width of the zoning district.
I.
Sites, if any, for multifamily dwellings, shopping centers,
churches, industry, parks, piaygrounds, and other public and
nonpublic uses exclusive of single-famiiy dwellings.
<t:>
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 3
J. Names of abutting suddivisions, recordation date and number.
k. Existing utilities on and abutting the tract; location, size and
invert elevation of sanitary, storm, and combined sewers; location
and size of water mains; location of gas lines, fire hydrants,
electric and telephone poles, and streetlights. Ifwater mains and
sewers are not on or abutting the tract, indicate the direction and
distance to, and size of nearest ones, showing invert elevation of
sewers.
1. Proposed utilities. A statement on the proposed method of water
supply and sewage disposal.
m. Other existing improvements, including buildings, on the tract.
n. Natural features, including lakes, marshes or swamps,
watercourses, and other pertinent features; wooded areas. A
general description of soils and existing vegetation on the tract
shall be provided (Seminole County Soils Survey).
o. Existing contours at one-foot intervals based on U.S. Coast and
Geodetic Datum for the tract to be subdivided and where
practicable, extending twenty-five (25) feet beyond the tract
boundary.
p. Proposed surface drainage with direction of flow and method of
disposition to the natural drainage area indicated or other
acceptable stormwater systems.
q. Subsurface conditions on the tract, to a minimum depth requested
by the city engineer; location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions~ depth to
groundwater; location and results of soil percolation tests; location
and extent of much pockets. Tests shall indicate weigth-bearing
capability of the soil after stripping and compacting.
r. Zoning on and abutting the tract.
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 4
s. Proposed public improvemen~s; highways or other major
improvements planned by public authorities for future
consideration on or near the tract.
t. Draft of restrictive covenants, if any. If the development is a PUD
or private development of any .nature, restrictive covenants will be
required, if available at the time of submission.
u. Other preliminary plans. When requested by the city, typical cross
sections of the proposed grading, roadway and sidewalk,
preliminary plans of proposed potable water and firefighting
systems, sanitary sewage systems, stormwater management
systems. All elevations shall. be based on U.S. Coast and Geodetic
Datum. The applicant shall provide the location and information
of the hundred-year flood elevation relative to the proposed site,
based on the FEMA (Federal Emergency Management Agency)
maps and establish the wetlands boundary by the approved
governing agencies, such as the Florida Department of
Environmental Regulation, the St. John's Water Management
District and the U.S. Army Corps of Engineers. In addition, the
seasonal high water elevation shall be provided, as determined by a
registered professional engineer in the State of Florida.
Section 9-47. Action on preliminary plan by city council.
Within forty-five (45) days after receipt by the city of the complete preliminary.
plan, the city commission shall take action at any regular or special meeting and
report to the appiicant its approval, conditional approval, disapproval or request
additional information from the applicant.
Section 9-48. Reasons when preliminary plan is disapproved; conditional
approval.
Upon disapprovai of any plan, the city commission shall indicate those sections of
this chapter with which the plan does not comply. Conditionai approval may be
granted specifying conditions which must be compiied with, and such conditions
shall be considered thereafter as part of the preliminary pian.
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 5
Section 9-49. Approval of preliminary plan to be construed only as authority
to submit final plan.
Approval of the preliminary plan shall be construed as authority for submitting a
final plan in accordance with this chapter. Approval of the preliminary plan by
the city council shall not be construed as authority for the sale of lots in reference
to the preliminary plan, nor as authority for obtaining building permits, nor for the
recording of a plat, nor for the installation of required improvements.
ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
CHRONOLOGY:
July 31, 2000 - Preliminary Engineering submitted
November 14, 2000 - Development Review Committee convened
FINDINGS: 1) Staff has determined that the project as presented meets all Code requirements
and the requirements of the Annexation and Pre-Development Agreement.
RECOMMENDATION:
The Staff recommendation is that the Planning and Zoning Board favorably
forward the preliminary engineering for the Beifaire Subdivision to the City
Commission for their action.
ATIACHMENTS:
A - Development Review Committee Meeting Minutes of November 14,
2000 (memo dated November 15, 2000)
B - Introduction and Executive Summary of Cultural Resource Assessment
conducted by SOUTHARC, INC., dated May 25, 2000
C - Conclusion of Revised Analysis of the Potential for Occurrence of
Threatened and Endangered Species and Species of Special
Concern on the Battle Ridge Project Site conducted by Breedlove,
Dennis & Associates, Inc., dated January 29, 1996 and revised
July 26, 2000
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 6
D - Annexation and Pre-Developme~t Agreement
E - Preliminary Engineering
BOARD ACTION:
ATTACHMENT A
November 15, 2000
To:
Community Development Director
Assistant to the City Manager
Staff ~
Land Development Coordina~
Development Review Committee
Belfaire, Preliminary Engineering
From:
Re:
The above referenced Deveiopment Review Committee convened on November 14, 2000 to
consider the preliminary engineering for Belfaire Subdivision. R. Singleton, R Braddick and D.
Schmidt represented the project. Staff members present were Cook, Dallas, Hall, Franklin and
LeBlanc.
Please see attached Staff comments.
Cook moved that the preliminary engineering be favorably forwarded to the Planning and
.Zoning Board for their action, seconded by Dallas. All voted aye.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
Code Enforcement
MEMORANDUM
DATE:
November 14, 2000
TO:
FROM:
RE:
Don LeBlanc, Land Development Coordinator
\
Jimette Cook, Code Enforcement Manager ~
Belfaire project C!/"
I bave reviewed the submitted plans and have no concerns at tins time, TIlere bas not been a landscape plan
submitted for review, At that time I will otTer my comments.
BUILDING DIVISION. '
Memo
Toe: Don Leblanc, Land Development Coordinator
From: David J. Alamina, Senior Building Inspector ~
CQ Dennis E. Franklin, Building Official
DatIIc 10102100
Re: Revised Preliminary Engineering, Belfaire Subdivision
I reviewed the above revised preliminary engineering and found that all
questions are satisfied except part one of statement #4 (Indicate on plans the
minimum building pad elevations and minimum finished floor elevations.) This
must be furnished on plans at final engineering time.
C:\docs\word\dave memo\revised preliminary revised engineering belfair_Battleddge.doce Page 1
Donald LeBlanc
From:
Sent:
To:
Subject:
Glen Tolleson
Monday, October 02,20001:55 PM
Donald LeBlanc
Belfaire (aka Battle Ridge)
I have no comments regarding the project at this time.
1
Donald LeBlanc
From:
Sent:
To:
Subject:
Kimberley Hall
Monday, September 25,20008:40 AM
Donald LeBlanc
Belfaire Subdivision
;
I have no further comments for this project.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
MEMORANDUM
DATE:
September 20, 2000
RE:
Don LeBlanc, Land Development .Coordinator
limette Cook, Code Enfon:emenl ~
Belfaire project
TO:
FROM:
I bave reviewed the plans and olTer the following~
1. Although the revised tree replacement requirements ~o not apply, only trees located on the
construction pad, or within 10 feet of proposed construction will be removed. Any other trees
removed must be replaced.
2. Arbor permits are still required before site work.
3. Any e.xisting trees to be left on site must be protected before any site work or construction takes
place.
September 12; 2000
CPH Engineers, Inc.
1117 E. Robinson St., Suite C
Orlando, FL 32801
Phone: (407) 425-0452
Fax: (407) 648-1036
www.cphengineers.com
Mr. Don LeBlanc
City of Winter Springs
1126 East SR 434
Winter Springs, Florida 32708
RE: Review ofBelfaire Subdivision Re-submittal Package
Submittal.Dated August 21,2000
CPH Job No. W0491.11
Dear Mr. LeBlanc:
We have reviewed the plans and response letter submitted by Bowyer-Singleton &
Associates Incorporated for the Belfaire Subdivision. They have addressed all of the
comments except one adequately. The developer will need to address and provide some
type of documentation regarding the decision that was agreed to by the City and the
developer to allow the pond construction to occur within this area. This is an issue that
could cause problems before the City council if it is not properly addressed. Once
sufficient documentation on this issue is provided, we have no objections to the project
continuing through the approval process.
Should there be any questions regarding our review of this project, please feel free to
contact me at (407) 425-0452.
Sincerely,
CPH ENGINEERS, INC.
DWJL4z-
Project Manag1 P E
J:\W0491.II\resubmittal comment letter.doc
cc: Mr, David M. Schmitt, P.E., Bowyer Singleton
SANFORD . ORLANDO . DELANO . PALM CITY . CAPE CORAL . JACKSONVILLE
September 12, 2000
To: David M. Schmitt, P.E.
Bowyer-Singleton
From: Don LeBlanc ~
Land Development Coor mator
Re: Revised Preliminary Engineering
Belfaire Subdivision
I have reviewed the above referenced preliminary engineering for Belfaire Subdivision and offer
the below listed comment:
Again, one ACOE and SJR WMD agree to wetlands mitigation, proof of approval must be
provided to the City. Once the new wetlands delineation line is established is the time
that the 25-foot upland buffer is shown on the plans. It is rather difficult to show the
buffer at this time without knowing where the wetlands will end.
This will not prevent consideration of your preliminary engineering in a favorable light, but final
engineering will not be approved until this information is provided.
WINTER SPRINGS
FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS. FLORIDA 32708
TELEPHONE: (407) 327-2332
FAX (407) 327-4750
MEMORANDUM
To:
From:
Date:
Subject:
Donald LeBlanc, Community Development Director
Timothy J. Lallathin, Fire Chief ~ ! ~
September 6,2000
Development Review Committee I Revised Plans
Belfaire (plans dated August 22, 2000)
The Fire Department has reviewed the revised plans on the above referenced
development and offers the following comments.
The fire hydrants locations were modified to meet City Code and the other concerns
were covered in a separate memo from Bowyer-Singleton & Associates Incorporated
dated August 21, 2000,
The Fire Department has no further concerns at this time.
RECEIVED
AUG 2 5 2000
SUnbre~Te~mC:~~s
August 24, 2000
520 South Magnolia
Orlando, Florida 32801
Phone 407-843-5120
Fax 407-649-8664
File No. BTR-1
Mr. Donald LeBlanc
City Land Development Specialist
,,-aNi Maj,13.gement Specialist
City of Winter Springs, City Hall
1126 East State Road 434
Winter Springs, Florida 32708
Subject:
Belfaire (Battle Ridge) Park Fee
Dear Don:
As discussed at Development Review Committee (DRC), Sunbreeze, Inc. is agreeable to a voluntary park
fee of $300 per lot. This fee would be paid at issuance of the building permit. Any lots that have not
pulled building permits within two years from the date of Certificate of Completion of the site
improvements will be subject to prepayment of the $300 per lot at that time.
I trust this proposal is agreeable. If so, it can be included as a condition of approval for the project.
RRB:gkb
IIBTR 1 \Con170 16
c: Ralph D. Singleton, Sunbreeze, Inc.
(
C.
MEMORANDUM
FROM:
Don LeBlanc, Land Development Coordinator
Chuck Pula, Parks and Recreation Director C. ~
TO:
SUBJECT: Annexation and Predevelopment Agreement-Battle Ridge
DATE: August 11, 2000
Page 9 of this agreement, number 4 Development Plans; D Parks and Recreation:
No on site parks and recreation facilities will be required of this development. The
developer is required to pay a fee-in-Iieu, per Objective E, Policy 1, Page 44 of the
Recreation and Open Space element of the City's Comprehensive Plan.
Winter Springs Parks and Recreation continues to grow rapidly in youth sports
activities. New young families moving into Winter Springs primarily seek out these
types of activities for their children.
A pressing current need in Parks and Recreation is the acquisition and development
of land that may be utilized for practice ball fields (football, soccer, and baseball
and softball). The fields require large cleared open areas of approximately 1-2 acres
per field. Also, there is a need to light the 4 game soccer fields at Central Winds
Park to expand the time they are available for needed youth game use.
At the present time, the City of Winter Springs does not have a Recreation Impact
Fee in place. However, our neighboring City, Oviedo, with very similar parks and
recreation needs, has, since 1994, a fee structure of 5288.00-$397.00 per dwelling
unit depending on size. The fee-in- lieu I established is 5300.00 per dwelling unit
based on the proposed 110 dwelling units;,the fee would be 533,000.00.
If I can be of further information, please contact me at 407-327-4761.
Ilmg
ATTACHMENT B
CULTURAL RESOURCE ASSESS~NT
BA TILE RIDGE TRACT
SEMINOLE COUNTY, FLORIDA
Prepared for:
BOWYER-SINGLETON & ASSOCIATES, INC.
520 South Magnolia Avenue
Orlando, FL 32802-2769
Prepared by:
Martin F. Dickinson, RPA
Lucy B. Wayne, Ph.D., RPA
SOUTHARC, INC.
3700 NW 9pt St., Suite D300
Gainesville, FL 32606
(352)372-2633
May 25, 2000
134-00-01
SouthArc, Inc.
Specializing in Archaeological/Historical Services
Members Society of Professional Archaeologists
INTRODUCTION AND EXECUTIVE SUMMARY
Development is proposed for a tract known as Battle Ridge located on the south side of Lake
Jessup in Seminole Courity (Figure 1). At the request of the City of Winter Springs, a preliminary
cultural resources reconnaissance was compieted on this tract in April, 2000 (Dickinson and Wayne
2000). Based on the results of this reconnaissance, the project engineers, Bowyer-Singleton
Associates, Inc., requested that SouthArc, -Inc. complete a Phase l culturai resources survey and
assessment within the uplands portion of the tract. Field work was' conducted in May, 2000 under
the direction of Martin F. Dickinson, RPA, President of SouthArc. Project documentation was
completed by SouthArc's Vice President, Lucy B. Wayne, Ph.D., RPA.
Although the tract is separated by extensive wetlands from the open waters of Lake Jessup,
the preliminary reconnaissance completed by SouthArc suggested that the lake shoreiine was once
much closer to the upland portion of the project tract. Previous research at nearby sites on the south
shore of the lake CVIayne and Dickinson 1990, 1993; Dickinson and Wayne 1996a, b) indicated that
there was a potential for prehistoric archaeological sites within the uplands area close to the relict lake
edge.
Following the guidelines of the Florida Division of Historical Resources (FDHR), the uplands
portion of the project tract was stratified based on its proximity to the lake shore. The areas closest
to the lake were tested at 25-meter intervals along transects parallel to the shoreline. As the distance
from the lake increased, the test unit interval was increased to 50 and 100 meters. A singie lithic
flake, identified as an isolated find, was recovered from the test units. One unit at the wetland edge
in the northeastern comer yielded fossil bone, perhaps from Pieistocene deposits. The portion of the
property adjacent to State Road (S.R.) 419 contains a concrete slab from a reiatively recent
residential occupation.
Based on the results of the cuiturai resources survey, the archaeologists beiieve that
development of the upland portion of the Battie Ridge tract will not impact any significant
archaeological or historical resources. No further research is recommended.
134-00-0 I
S/on
/
------/
~
N
. ... ': .. 0:diift~,-J:;anding
~~.
FIGURE 1.
)
SI..II G,..k
I'
D~~
I
I
I I
i
i:
/:
I
! ~
r
:!
:'11':1
I I
, i
ri
.
I
r.!
Scale 1:37,500. (at center)
I 2000 Fee(
j;;
I.
ii:
, .
~ =
.,
Mag 14.00
Thu May 25 11:45:232000
,
1000 Mete;:s--'
PROJECT LOCATION, BATTLE RIDGE
DEVELOPMENT, SEMINOLE COUNTY,
FLORIDA
SouthArc, Inc.
SOURCE: DELORME 1993
L
Archaeological and
Historical Services
(/7
Specializing in Archaeologicol/Historical Services
Members Society of Professional Archaeologists
Aug. 31, 2000
134-00-0 I
Mr. Ray Bradick
Bowyer-Singleton & Assoc., Inc.
520 So. Magnolia Ave.
Orlando, FL 32801
~&IT~
Re: Battle Ridge Development-Cultural Resources Assessment
Dear Mr. Bradick:
This letter will confirm that the cultural resources assessment completed by our firm at the
Battle Ridge developmen~ in Seminole County complies with the City of Winter Springs Annexation
and Pre:"Development Agreement. The cultural resources assessment completed in May, 2000
included conducting a systematic grid archaeological survey of the developable site. As you know,
the report of the assessment was reviewed and approved by the Florida Division of Historical
Resources, the state review and compliance authority for archaeological studies.
Please let us know if we can provide any further information relevant to this project.
Sincerely,
~B~
Lucy B. Wayne, Ph.D., RP A
Vice President
W :~~':-~.'_~,.- ~1
i : .J ._. .. ...."-..0 U . .
! ":.
. .
:.'__ ..1,
L:L.. L.....
______.______ - _________ _0---
3700 N.W. 91 st Street, Suite 0300, Gainesville, Florida 32606-7307 (352) 372-2633
Fax: (352) 378-3931 . E-mail: southarc@gnv.fdt.net
ATTACHMENT C
BDA
ENVIRONMENTAL CONSULTANTS
2000-031-10.1
REVISED ANALYSIS OF THE POTENTIAL
FOR OCCURRENCE OF THREATENED
AND ENDANGERED SPECIES AND
SPECIES OF SPECIAL CONCERN
ON THE BA TILE RIDGE
PROJECT SITE
Submitted to:
Mr. Donald LeBlanc
City of Winter Springs
1126 East State Road 434
Winter Springs, Fiorida 32708-2799
Phone: 407-327-1800
January 29, 1996
Revised July 26, 2000
Submitted by:
~~Vl:L f;J,^--1alL6R -
1". Wilham F. Grey, D.A.
Senior Scientist
?~
W. Michael Dennis, Ph.D.
President
IIHEEI II.( lVE, I )E:--:NIS oS. I\SSll( :I..\TES, INt:.
I II' W. (:"NT( lN "\'ENI :1: : \~'INTEH I'ARK. 1'1. l!ilN
"Ill l:-':E Wi.1> 77. I :--S.~ ... 1'..\:'\ .1\'7 .f. 'i 7. 7l\'S
4.0 CONCLUSION
Four bald eagle nests ;exist near the Battle Ridge project site according to FWC. Uplands in the southeast
comer of the site are outside recommended primary and secondary zones, 750 and 1,500 feet, respectively.
t
The bald eagles ~e classified as urban, due to their close proximity and adaptability to existing urban
development and transportation corridors.
J
1
As a result of the gopher tortoise censuses, no gopher tortoises or commensal species were identified within
the upland communities. Upland habitat areas were determined to be potentially low for gopher tortoise
I
and commensai T&E species. The site has a potential for occasional incidental use by listed bird species,
I
including the white ibis and wood stork; however, any use of the upland areas by these.species would be
merely incidental. There are no roosting or nesting habitats available on-site. The uplands on the Battle
i
Ridge project site do not provide critical habitat for any T &E plant or animai species.
1
Based on the iocation of the site adjoining two major transportation corridors and surrounded by existing
I
development and its past disturbance of logging activity, we do not believe there is any significant
occurrence or use by any protected plant or animal species.
I
I
j
The ecological constraints documented in this report such as environmenlal regulatory matters, wetland jurisdiction, wetland
pennitting, wetland mitigation requirements, watcr quality, and threatened and/or endangered species, are provided based on data,
site conditions, and infonnation available on the dale of our sile rcview. This information is for general planning purposes only,
and should not be used as a final delenninanl of rcgulalory agency position, final development potenlial, or appraisal purposes.
The extent of agency wetland jurisdiclion can be dClcnnined through field location of the weIland limits and on-silC agency
review of those limits.
I
I
~
P:\ADMIN\PROJECTS\2000031\REl'ORTS\ANAL YSIS.OOC
14
J
..-
I
I
~
1
; ,..:..... ..:.:.:....;L~~~:~::.;:.::.: .~.:~(\'.::;;~~,:,;..;~f:~~~~~;~~~~f;~lt~~{/..tf~;;:i~~\;~if};~:{;~~~:~~i:;~<~~..~~~:()~.:{:::i~~:..::,~~ . ~Ji-.r..~.:=-~'l:.,s
. '\&\r"" '.' '.,'" ,. .,.,,,.,,,,, ';--~.' . "", ;.<", ,- -", ,,_1\\,1 ~Q .... ".1' I
~t .:::~',"!ff,;{t~~i~~~~:1~Jl;~ji~W1t~~~~:!,~'~~... ~l"
. do.... ~.;.,'1!.\ ~r-_---__ ---- -S~ ~....... ------......:.f){~../ I
i..~~... S~ "1:-:-~~......-:::.....o:.-':-:"'':~~'::''''-:-:''';'::'':-J'I;I': ; /.:;
.. 't""MI'7& 1" ........ - - - _..... -" --.. - ...... I. , ;.. I I
::~ ~:~- --~~~ -- -~-~~'~';'j, r;~:- -r-' ~~;t I -L"
( r r r::::::"~ ~ ".,:.:~ . ~ ~. . ~ -_ .', i
I f0 ~~~~~,,,=-,,,,..,,-- . II c~\:'~ ~~~ 1,"6 '.",.
~~,.., _'j i ,- i \i~' ~.' . \I:~,~>~~ 1Pf--)~\~. I ~\o
~-.... /' --a-.~.' '\ _,0 /- ~Ir ~----- p
...... I U I r ~ ........ I~ ....~'-...I .
\EA RD'~' ~ I IA i: - . 7/~::,J. D." I') fl. ~ U ~(. ==~
(\.: I'<-- ~t1- ~ - - ' ------ ~/I L '. :.::~~. --~ . '- ----:::
I~ : ~~ ~)~'1,- ~: ~~ ~~''''if~:~ f' .~
~)~ ~! ~,. ~~~~...: II to ('~8r.;ru/' - . ,,:~
. I (U. '. ."'1 I (~;. U" .
I :'-1. \01 -. .,....
I - - .. · ~ ~ ""0 To 'Y ...... '" ..:' ~... I
o .. .. . ~ ~ I ~ ". ~ 1(.- ~ :..~: ;JI.' .
o ........ ~'bl ~:' ~ ...l"It'T.~e . ,!.!~ ...::~ \0.
~ (~-:: .;..:- OJ :fZJ- . ~ · lr >. ~. ~ . ::Chfl T.:.~
-.~,--.~, ---h __''\~'I: ~ ~~~ .~~.~ --; ZJ- ~ f"c;;::;: 9 ~:'. . ~ ~m'~ ~ ~ I. ~ ; J.~ ~ ~~ 'D r i ~
--/~ --~ , l.f / / . _: .:?} ~- '//.If.~"I1P.~ ... ~ ~~~;..
... (r., --.. _ ":...:::':.. :~..~ 'K'. .. ~~~:I~""" ~. 1 .~ .
!r Sp ...~. :\ "\; -- ~:..::Z:. P'l.. ,.' .,~ ,\ -:: ) \. . ( .~.~ '-,-50 ~ Lak ~ .
~~ ~- 7:--'-'-( ,-.;....~.A!t...'fT-.._.._..: ~ ~ .. . . .:U . .. . .......... --
~:JfJ Q "t:. ,;.-... h 'VJ'I (.'~ '~flI T .'.J\ ~'\J. \ ~.. '~\1~'~~~~;
I "" 7 . ~ . . :,.J) ~I~~ 1Ici1 ,.; -. :~~
y.' . ~. _.. l-' ~ t![ C(c+))\y ~:, .'.~ ~r ~ .:.... . :.}~: ~~".~~ j: ::"1
(":. ~~/rv. ~ !l{' ". . ~ ~ ~7:" :...J"J'L'-r._.~ )).t;:i: "0
~! :; (\1 \! . . i '-H :.::" : .,;' fJ C - -
___~ 11../ ~.'\ i v ~ 111 'V V~. ~ .~ ~Ovi1do (1 .
.--- ~T~--l~\'~~~~ ~~..~~~ ~~ L\
~ ...::::::~. 1 if r~1 ~:.. . J"'""~7~1-~~~H(7 ~It." 3U~~~ ',\~~.
, : ~.....' ~ ~,.--..-- :--t. \ f'tt.;J: .;
(,..:j 'I .. " ~ '"' ?;'1\ : ::: r:!;~ \J'~-r:~ 0
~~_ ' .-..........: . ...c I' ~ _\(t) "l ~ ....-..;. .
:I. .... - . ! / I. '. , () I I -........,....~ :-:.."...1'(...... r;:.... SCALE I" = 2000'
o
2000'
U.S.G.S. OVIEDO, Fl 1956 XREfS: BELTWAY.OWG
PHOTOREVISEO 19BO. PROPERTY.OWG
ROAOBUf.OWG
BDIA BREEDLOVE, DENt.oIIS 95144-10.1 / BATTLE-OWG
na: ASSOCIATES, INC. 1-12-1996 / CBT-jp
4301 Melric Or. Winter Perk. FL. 32792 (407)677-1882 FOK:657-700e
FIGURE 1.0-1. LOCATION MAP OF THE 297-ACRE BATTLE RIDGE PROJECT SITE,
SEMINOLE COUNTY, FLORIDA.
(SECTION 4, TOWNSHIP 21 S., RANGE 31 E.)
~
ATTACHMENT D
(
(
August 3, 2000
To:
Community Development Director
Assistant to the City Manager
Staff
Land Development coordinat~
From:
Re:
Annexation and Pre-Development Agreement
Battle Ridge (now known as Belfaire)
Attached for your records is the above referenced annexation and pre-development agreement as
it relates to Battle Ridge - now being reviewed as BelUlire.
:.:LE. RI', OF Clr<qn COUfH
!
- "-. - - - . . . '-
Id~COI<UEl) ,3.. YE~IF(rl_~
~~ FEl5 I C P~l 2: ?U
3 3 ;~ 5 7 9
ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into this ;2c:L day 07;;~;: 1998, by
and between the City of Winter Springs, Florida (herein referred to as the "City") and
Battle Ridge Companies, Inc. (herein referred to as the ".Owner").
W l I N E SSE. I H: '
WHEREAS, Owner owns property located in unincorporated Seminole County
on the east side of the State Road 417 (a/k1a "The GreeneWay") and north of State
Road 434 and has filed an Application for Annexation of Owner's property into the City
which land is described on Exhibit "A" attached hereto and incorporated herein, and
WHEREAS, the City has encouraged Owner to annex into the City and
acknowledges the continuing permanent benefit which the City will receive by virtue of
annexing Owner's property and acquiring the right to provide municipal services to the
Property, and
WHEREAS, the City has determined that it is in the City's best interest to enter
into this Agreement to assure Owner of the future ava.ilability of adequate municipal
services, including sewer and water service, at such times and in such capacities as
may be necessary to allow Owner to develop the Property as set forth herein, and
WHEREAS, Owner's plans for development of the Property as a high-quality,
residential development have been deemed by the City to be of substantial economic
benefit to the City and its citizens. Owner's plans further include creating a
conservation area for the benefit of preserving and protecting over two-thirds of the
Property in its natural state, which will be of substantial benefit to the City and its
citizens, and
WHEREAS, the City has determined that it is feasible and in the City's best
interest to extend into Owner's Property other municipal services, such as police
protection, fire protection, sewer and water service, trash and garbage removal, street
and storm drainage maintenance, and
WHEREAS, in reasonable reliance upon the provision of water and sewer
service, municipql services, and other inducements to annex, Owner has .filed said
Application for Annexation pursuant to 171.044, Florida Statutes, and
WHEREAS, Owner has filed an application with the City for a large scale
comprehensive plan amendment to change the Future Land Use Map designation of
the developable portion of the Owner's property designated on the Seminole County
Future Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's
Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling
w
(f) c..n ex
rrl \D C)
:r: C)
w =^
:z::
C)
I
m
0
C) 0
-., N \)
>-
I C).
-.J r .,.
(
units per acre) and to change that portion of the Owner's property designated on the
Seminole County Future Land Use Map as "Conservation Overlay" to the City's Future
Land Use Map designation of "Conservation," and
WHEREAS, Owner has made an application to th~ City to rezone the
developable portion of Owner's property from Seminole County Zoning Map designation
A-1 "Agriculture" to the City's Zoning Map designation R-1A "One-Family Dwelling .
District," and
WHEREAS, Owner is further willing to annex if the City agrees to cooperate in
the effort to amend its Comprehensive Plan Future Land Use Map to accommodate
and be consistent with the land uses permitted for residential uses as described herein
and otherwise do what is reasonably necessary to rezone the property pursuant to
these land uses, and
WHEREAS, the first reading of Ordinance 694 to annex the property was held on
January 12, 1998 and the second reading and public hearing of Ordinance 694 was
held on January 26, 1998, and
WHEREAS, the first reading of Ordinance 695 to adopt the large scale
comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map ~
designation of the property was held on January 12, 1998. and the second reading and 3:.
public hearing of Ordinance 695 was held on January 26, 1998, and .. E
. r
~
.W
Ul
\.D
c...>
roc
0"
0-
::Xc
..
..
.
WHEREAS, Owner and City believe that it is in the best interest of each party to
enable the Property to be developed substantially in accordance with the preliminary
development plan attached hereto as Exhibit "8" (the "Preliminary Development Plan")
and as further described herein, in accordance with Part \I of Chapter .163, Florida
Statutes, the Local Government Comprehensive Planning and Land Development
Regulation Act (the "Act"), other applicable Florida Law and the Charter and Code of
Ordinances of the City, and
WHEREAS, City and Owner hereby acknowledge and warrant to the other that
this Agreement and any future acts as required hereby are binding and enforceable on
the City and Owner in accordance with their terms, and
WHEREAS, the agreement of the City to provide inducements as set forth in this
Agreement (including land use approvals) and be bound by this Agreement, as well as
the City's assurance to the Owner that this Agreement is enforceable against the City
and that the City will not seek to thwart enforcement based on any claim of invalidity,
2
I
(
are all material inducements to the Owner to enter into this Agreement, and the Owner
would not voluntarily annex into the City or enter into this Agreement but for such
agreement and assurances by the City, and
WHEREAS, Owner has already made and will cOfltinue to make financial
commitments and has paid and will continue to pay su~stantial sums of money in
contemplation of the rezoning and redesignation of lantJ use to develop the Property,
and
Accordingly, in consideration of mutual benefits, the public interest and other
good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
SECTION 1. RECITALS;. EXHIBITS. The above recitations are true and
correct, are hereby incorporated herein by reference, and form a material part of this
Agreement. All exhibits to this Agreement are hereby deemed a part hereof.
SECTION 2. AUTHORITY. This Agreement is entered into under the authority
of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general
powers conferred upon municipalities by statute and otherwise (including Chapter 163
and 166, Florida Statutes), and the City's Charter.
SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT.
w
CJ1 OJ C.
0'
\..0 0 -,
W A~
..
".
r..
A. Owner filed with the City, on August 2, 1995, an Application for ~
Annexation of the Property, Which is conditioned upon the adoption of this Agreement.~
The City initiated the process to accomplish the annexation in accordance with law. ~
~
B. Owner has filed with the City, on August 2, 1995, an Application for g
Comprehensive Plan Amendment in order to amend the City's Future Land Use Map tG,-,
include the Property and provide for a future land use designation for the Property of r-
Lower Density Residential. The City initiated the process to accomplish the
Comprehensive Plan Amendment in accordance with law.
C>
l"'V
r.
-::
-oc
:P:;
QC
\.D Plt.
SECTION 4. DEVELOPMENT OF THE PROPERTY.
A. The sizes, configurations and boundaries of the parcels and. roadways
shown in the Preliminary Development Plan are for conceptual planning purposes only
and shall not bind Owner to develop the Property in strict conformity with the
Preliminary Development Plan. In the event of any conflict between the terms of this
Agreement and the Preliminary Development Plan, this Agreement shall control.
B. The classification labels and descriptions pertaining to the parcels and the
locations of the lake/conservationlretention areas shown in the Preliminary
3
(
Development Plan are approximate. The exact location and configuration of said
lake/conservation/retention areas shall be subject to change pursuant to regulations of
the appropriate county, state and federal permitting agencies. The parties
acknowledge that portions of the lake/conservation/retention areas shown in the
Preliminary Development Plan may be identified as wetlands. Owner may use, develop
or set aside isolated or marginal wetlands provided that the same is in compliance with
all federal, state, county, water management district and. other applicable local
regulations.
C. Following delineation of the jurisdictional wetland lines, the parties
acknowledge that the parcels in the Preliminary Development Plan are calculated in
gross developable acres and when developed will include, as necessary, storm water
retention and detention areas, recreation and open space, streets as well as the
lake/conservation/retention areas shown in the Preliminary Development Plan.
D. As designated in the Preliminary Development Plan, the Property shall be
developed pursuant to the standards established for zoning categories consistent with
Lower Density Residential Land Use on the City's Future Land Use Map. The City will
support and approve a rezoning to R-1A One-Family Dwelling District allowing
residential use consistent with the Preliminary Development Plan, this Agreement, and
the City's Comprehensive Plan and the City's Land Development Code.
E. The parties acknowledge that the Preliminary Development Plan ~hall be
the basis for Owner's development of the Property, subject to such modifications as Ul
may be mutually agreed upon by the parties or are required by existing City ordinance~
The parties recognize that as the development process proceeds, it may be necessaryz
to amend the Preliminary Development Plan either: (i) as may be mutually agreed upo~
by the parties; or (ii) as permitted by Section 163.3233(2), Florida Statutes; or (iii) as ~
required by currently existing City ordinances. The City shall do what is necessary and?
within its power and authority to grant and allow development permits.and approvals, ~
including, without limitation, platting, for the orderly development of the Property in
accordance with this Agreement.
w
Con
\.0
W
ClJ c:
0"".
o-r
:::r.c=:
:t:
I -
C>
N
C'-.)
C)
:::
. .
t;.
-oc
p:;:
be
P1<.,
F. Owner represents to the City that Owner shall establish a homeowners'
association to ultimately own and maintain the entranceway amenities and other
commonly owned amenities within the residential development on the Property.
G. Owner or its authorized representative shall submit to the City such
applications and other documentation and shall comply with such other procedures as
may be normally and customarily required by the City for comprehensive plan
amendments, rezoning, platting, site plans and other development approvals or permits.
Owner acknowledges and agrees that the City will not be responsible for any money
expended by Owner if the Comprehensive Plan Amendment is not approved by the
State.
4
H. Except as otherwise set forth herein, all development of the Property shall
be subject to compliance with current City ordinances, and with regulations of state,
local and federahagencies.
SECTION 5. PROPERTY OWNERSHIP. Owner acknowledges and represents
to the City that Owner is the owner of the Property and that Owner is empowered to
enter into this Agreement. Owner further represents that nothing in this Agreement is
barred or prohibited by any other agreement between Owner and any governmental
agency or any third party.
SECTION 6. PROVISION OF PUBLIC FACILITIES AND SERVICES.
A. The City represents that it has sufficient water capacity and pressure to
serve the Property. The City represents to Owner that the City has a ten (10) inch
water line located approximately 1,200 feet from the western boundary of the Property
at State Road 434 and that Owner has the right to connect to such water line. All lines
and connections necessary to provide water facilities and services shall be provided
from the City's water line to the Property by Owner. Owner shall, upon completion of
construction and installation of such water line, deliver to the City a statement setting
forth the cost of the construction and installation thereof. Subject to approval of FOOT,
the City represents to Owner that all necessary rights-of-way to allow installation of all
lines and connections necessary to provide water facilities and services from the City's
water line to the Property as aforesaid are available.
w
(/)(Jl
rr1 \.D
B. The City represents that it has sufficient sewer capacity to serve the :t w
Property. The City represents to Owner that the City has a six (6) inch sewer line 25
located approximately 2,200 feet from the western boundary of the Property at State ~ 1
Road 434 and that Owner has the right to connect to such sewer line. All lines and <J
connections to provide sanitary sewer services shall be provided from the City's sewer? ~ -u
line to the Property by Owner. Owner shall, upon completion of consfruction and ~ r0 .~
p,
installation of such sewer line, deliver to the City a statement setting forth the cost of
the construction and installation thereof. Subject to approval of FOOT, the City
represents to Owner that all necessary rights-of-way to allow installation of all lines and
connections necessary to provide sewer facilities and services from the City's sewer
line to the Property as aforesaid are available. The City will take all steps necessary to
assure that sufficient capacity to serve the property with sanitary sewer service,s shall
be available when needed for development by reserving for the Property sufficient
equivalent residential units (IERU's") for the proposed project. The Owner shall be
required to pay annual guaranteed revenue charges for each ERU (Water and Waste
water Equivalent Residential Unit) beginning at the time of Florida Department of
Environmental Protection construction application, and continuing annually until
issuance of a construction certificate of project infrastructure by Florida Department of
Environmental Protection.
CDt
o
O'
...,...
..-. ,
5
(
(
\
C. The City hereby agrees that Owner has the right to delay payment of
water and sewer connection fees until issuance of each building permit by the City for
construction of a single family residence on the Property. The City hereby represents
that the current service availability charge for sewer is $1,890.00 and the current
service availability charge for water is $560.00. The OW':1er shall be required to pay the
service availability change applicable at the time said fees are assessed on a parcel or
property.
D. The parties acknowledge and agree that it is not feasible to install
reclaimed water lines in this development; accordingly, the same shall not be required.
E. No septic tanks shall be allowed on the Property.
SECTION 7. CITY CONDITIONS OF APPROVAL.
It is hereby ORDERED AND RESOLVED by the City Commission of the City of
Winter Springs, Florida, that the property referred to as the BATrLE RIDGE
PROPERTY (hereinafter referred to as the "Property"), be annexed into the City,
designated on the Future Land Use Map and in the City's Comprehensive Plan as
"Lower Density Residential" and rezoned to R-1A subject to the following terms and
conditions:
A.
Comprehensive Plan AmendmenUEffective Date.
w
Cf>Ul
The effective date of this Agreement shall be the date on which the :i \.0
Comprehensive Plan Amendment (LG-CPA-1-95) is approved by the Cityx W
This Agreement shall be recorded with the Recording Department of the ~ 1
Clerk of Courts of Seminole County within ten (10) days after execution bi"
the Mayor of the City. ? c:>
"N
.. 1'0
r0
we
0"
0"
~-
c:
}
,.
B.
Development of the Property.
-
.
(
-O~
;x>;
c->c
Pl(
1. The Property shall be developed in accordance with
Comprehensive Plan Amendment (LG-CPA-1-95) which designates
the Property City Future Land Use Map "Lower Density
Residential" (1:1 to 3.5 Dwelling Units per acre). However, the
actual net developed density shall not exceed 2.56 units per acre.
2. The property shall be developed as a residential community with
preservation of the wetlands portion of the Property in a 1'101'1-
developed natural state. The uplands portion of the Property shall
be developed as a residential community in accordance with the
requirements in Chapter 20 Article III, Division 4, R-1A One Family
6
(
Dwelling District, and Chapter 9 of the Land Development
Regulations, Winter Springs City Code.
C. Wetlands.
1. Any existing wetlands or other areas which are in the jurisdiction of
the Florida Department of Environmental Protection (FDEP), St.
Johns River Water Management District (SJRWMD), or the U.S.
Army Corps of Engineers (ACOE) shall be subject to the applicable
rules and regulations of those respective agencies.
2. Following final wetlands boundary determination and platting, but
within one year of this Agreement:, the Owner of the Property shall
convey, at no cost to the Grantee, the wetlands portion of the
Property to a responsible public or private non-profit environmental
agency reasonably acceptable to the City. Pursuant to City Code,
all wetlands shall be delineated according to FDEP, SJRWMD, and
ACOE jurisdictional lines.
3. To further protect the adjacent wetlands, Developer agrees to
design its stormwater runoff and retention system for the uplands
developable portion of the project in accordance with Outstanding
Florida Water (OFW) design criteria as established by Florida
Department of Environmental Protection and the St. Johns River
Water Management District.
4. Property will be developed in a manner to avoid any negative
impacts on any endangered plant or animal species. Further, no
construction shall be permitted within the one hundred (100) year
flood plain line as most recently established for this property.
D. Fire and Police Public Safety Facilities Impact Fees.
Applicants for building permits within the Property shall comply with the
City Impact Fee Ordinances, as they may from time to time be amended,
imposing impact fees for fire and police public safety facilities.
E. Transportation.
1. Applicants for building permits within the Property shall comply with
the City Road Impact Fee Ordinance, as it may from time to time
be amended, imposing impacts fees for transportation
improvements.
7
w
(f) CJl CJ.
C)
rr1 \.D C)
:J: W :::r.
:z:
C)
r
rn 1
("") C)
c
N '-0
" )>
r N Cl
c....:> rr:
(
2. The costs of all street signs and traffic control signs and devices
located within the Property, shall be borne by the Owner or
Developer.
3. The Owner or Developer agrees to improve the State Road 434
project entry, as part of required installations of subdivision
improvements required by the City Code on the Property, to allow
two (2) outbound and one (1) inbound entry movements,
acceleration and deceleration lanes along State Road 434,
provided these improvements are allowed by Florida Department of
Transportation.
4. The Owner will design its internal road network to preclude
connection to adjacent properties to the east. To further assure
that the road system is not connected to future developments to
the east, Developer will dedicate on the plat or by separate
recorded instrument ten feet of property on the east property line of
Owner's developable property to the project's homeowner's
association as a preserve area. The only improvements which
shall be allowed in said preserve area are those necessary to
effectuate any type of natural scenic trail, as expressly authorized
by Owner.
w
Ul
\.D
W
OJe;
O-rJ
o-n
~n
J>
,--
-:::)
on
()
-00
J>;u
c)o
r'1tn
F.
(J)
rr1
:I:
The Owner or Developer of the Property shall install a six (6) foot mason~
wall on that portion of the Property separating any actual residential units:;.
from proposed commercial properties along the north side of State Roadn
434. ~
.,
r-
C>
N
N
.+:-
Wall.
G.
Building Restrictions.
The building restrictions shall be those found in the R-1A Single Family
Dwelling District, Chapter 20, Article III, Division 4 of the Code of
Ordinances of the City. They are:
1. Residential Areas:
a. Minimum lot size of residential sites within the Property shall
be eight thousand (8,000) square feet with a minimum lot
width of seventy five (75) feet measured at the front building
line. The maximum number of lots shall be one hundred
and ten (110).
8
( (
b. Building setbacks shall be:
Front: 25 feet
Side: 7.5 feet
Rear: 25 feet
c.
Lot coverage.
(/)
m
:t:
:z:
o
r
Forty (40%) percent of the lot area is the maximum which rn
may be covered by the principal and accessory buildings org
structures located thereon in the R-1 A One Family Dwelling~
District. r
On corner lots, the front line setback of twenty-
five (25) feet or more must be maintained, but
a fifteen (15) foot sideline setback will be
permitted on the street sideline, provided the
corner lot faces the same way as all other lots
in the block. If the building faces the long
dimension of the lot or where corner lots face a
different thoroughfare than other lots in the
block, the twenty-five (25) foot or greater
setback must be maintained from both.
thoroughfares.
w
Ul
\.0
W
Corner lots:
c::>
N
N
U1
,
CJ c:.
0....1
0"'"
:x-
c->
J>
r-
;u
r'1
(.
-no
>> ::0
C>o
I " <.r.
d. Building height.
No building or structure shall exceed thirty-five (35) feet in
height.
e. Residential floor area.
The minimum heated/air conditioned floor areas shall be
1,800 square feet.
2. Non-residential Area.
a. The non-residential area of the Property shall comprise the
wetland areas following final boundary determination and
platting, it is the intent of the Owner of the Property that no
development occur within the wetland areas.
9
b. Following final boundary determination and platting, all
wetlands shall be delineated according to FDEP, SJRWMDu>
and ACOE. Wetlands shall mean those areas established fTl
as jurisdictional by these agencies. ~
o
r
Open space. ~
w
Ul
I...D
W
OJG
c:> -r 1
c:> ....,
A(}
l>
r-
::TJ
;-"
(,
-U~
:l>::o
G")C)
r"'(f)
3.
All areas lying outside primary and accessory buildings will be "
counted toward open space requirements, including entranceway~
stormwater management areas, yards, lot landscaped areas, and
easements.
() r--..
C "---J
f'V
f'V
m
4. Development plans.
a. For the duration of this agreement, except as otherwise
provided for herein, all development plans and standards
shall meet the regulations and policies of the City in effect at
the time of execution of this Agreement.
b. Where there may be a conflict between this Agreement and
the City development regulations, this Agreement shall
prevail.
c. Developer acknowledges its obligation to develop/construct
all improvements on said property in accordance with all
applicable City codes modified pursuant to State of Florida
Statute 163.3233 and Federal laws as they may from time to
time be amended unless specifically modified herein.
d. Parks and recreation.
No on-site park or recreation facilities will be required of this
development. The developer is required to. pay a fee-in-lieu
per Policy 1 of Objective E in the Open Space and
Recreation Element of the City's Comprehensive Plan.
The fee-in-lieu will be established by the Parks and
Recreation Director.
e. Water and Sewer.
I. The City shall provide potable water service to the
Property. The Owner or Developer will pay for the
extension of trunk lines to the buildable portion of the
10
(
Property and pay other customary costs necessary or
required in connection with such service.
II. The sizing of the trunk line shall be sufficient only to
provide water service to the buildable portion of the
Property and to no other surrounding properties.
III. The City shall provide central sanitary sewer
collection and treatment service to the Property. The
Owner or Developer will pay for the extension of trunk
lines to the buildable portion of the Property and pay
other customary costs necessary or required in
connection with such service.
IV.
The sizing of the trunk line shall be sufficient only to ~
provide central sanitary sewer collection service to :I:
the buildable portion of the Property and to no other 25
surrounding properties. ~
w
Ul
\.D
.w
wc
C) .."
C) ...,
An
:>
1-
:::0
=-'1
t;-)
-00
)>:;0
00
Pl (r)
5.
Homeowners Association .
n
o C)
"TJ N
I N
-J
A mandatory homeowners association will be formed to provide a
responsible entity to maintain all common areas.
6. The Developer shall make a good faith effort to have the retail
value of the completed homes and lots to be in the $180,000 and
higher price range.
H. The Developer shall make a good faith effort to have the Florida Audubon
Society designate this project as environmentally responsible.
I. The Developer shall conduct a grid archeological survey of the
developable site prior to commencing construction of the subdivision
improvements.
J. To ensure continuation of the Cross Seminole/Florida National Scenic
Trail, the Developer shall coordinate with Seminole County Guring the
subdivision platting process to explore opportunities that might exist to
extend the trail through the Property, including extension through the ten
(10) foot preserve area required in section 7, part E, paragraph 4 of this
Ag reement.
11
(
(
SECTION 8. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE.
A. This Agreement shall take effect upon City Commission approval of the
Comprehensive Plan Amendment (lG-CPA-1-95) and shall remain in
effect for a period of ten (10) years from the date of execution.
B. This Development Agreement shall be binding upon all successors in
interest to the parties of the Agreement.
C. The effective date this Agreement may be extended upon request of the
Owner or Developer and City Commission approval.
SECTION 9. LAND USE ZONING AND DEVELOPMENT REGULATION
APPROVALS. The development of the project must comply with the conditions of the
Agreement. In the event a development requirement, permit, condition, term or
restriction is not addressed in this Agreement, the development will comply with the
zoning ordinance, subdivision regulations, and other applicable land development
codes in effect as of the adoption of this Agreement.
(f)
Pl
::r:
:.t:
SECTION 10. CONSISTENCY. The City finds this Agreement and its terms arflf.
conditions consistent with the City's Comprehensive Plan. ()
C)
SECTION 11, REMEDIES. The developer agrees that the only remedy: for the~
Owner in the event the Owner asserts the City has breached this agreement is an
action for injunctive relief in the Circuit Court of Seminole County, Florida. Owner shall
have no right to monetary damages or attorney's fees in the event the City breached
this agreement.
SECTION 12. DUE DILIGENCE. The City and Owner further covenant that they
shall immediately commence all reasonable actions necessary to fulfill their obligations
hereunder and shall diligently pursue the same throughout the existence of this
Agreement.
SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that
Owner may engage one or more developers or builders (hereinafter referred to as
"Developer"), other than Owner, to. effect the development of the Property, including the
sale of all or portions of the Property to such developers or builders. Upon recordation
of this Agreement in the Public Records of Seminole County, Florida, as hereafter
provided, successor builders or developers shall be bound by the terms hereof.
SECTION 14. MISCEllANEOUS.
A. Entire Agreement. This Agreement sets forth all of the covenants,
agreements and conditions between the parties hereto, and supersedes all prior and
12
w
CJl
U)
W
we
0-'-
0-'-
::r.c=
CJ
N
N
OJ
>
r -
;:r~
rr
':-:
-or-.
)>;:0
C1Q
r.,v:
contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained.
B. Pronouns. All pronouns and any variations thereof shall be deemed to
refer to the masculine, feminine and neuter, singular or plural, as the identity of the
party or parties, successors or assigns may require.
C. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
D. GoverninCl Law. This Agreement shall be construed in accordance with
the laws of the State of Florida.
E. Severability. If one or more provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein.
F. Contraction. In the event the City fails to adopt an amendment to the
Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map
designating the Property as described herein or the City fails to implement any C?f the
conditions set forth herein, Owner shall have the right to deliver a notice to the City
requesting a deannexation and contraction of the Property which the City shall have the
absolute obligation to implement.
G. Notice. Any notice to be given in accordance with this Agreement shall
be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return en
fT1
receipt requested, to the party being noticed at the following addresses: :r
:z::
o
r-
rn
w
CJ1
\..D
c.v
OJe
0'-
0"
::x;:-
()
:t>
r.-
::t)
:-T1
t.:.,
-VQ
)>:::0
C10
rTl (/)
AS TO CITY:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
A TTN: City Manager
CJ
o C>
"TJN
r-N
\.D
COpy TO:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
ATTN: City Clerk
13
/
\
(
AS TO OWNER:
R. \..p, \ \\ \\-1\\[:\ N\A N I SlJ....\) ,U:, -l\LeS I(k.N,
Ga~8chl(Qrn, rrcsteeAt
Battle Ridge Companies, Inc.
1000 River East Drive
Belle, West Virginia 25015
COpy TO:
Frederick W. Leonhardt, Esq.
Gray, Harris & Robinson, P.A.
201 East Pine Street
Suite 1200
Orlando, Florida 32802-3068
SECTION 15. DEVELOPMENT RIGHTS. Owner shall have the right to use and
develop the Property as described in this Agreement. Furthermore, Owner does not
waive any right to use or develop the Property arising under the common law or the
laws of the State of Florida.
This agreement is subject to provisions of Florida Statute 163.3235, and 163.3241
providing for periodic review, and modification or revocation of a development
agreement to comply with subsequently enacted state and federal law. The
Development Agreement is also subject to Florida Statute 163.3233 regarding the local
laws and policies governing a development agreement.
. "I..:. ....' -' \ '.'j
ADOPTED by the City of Winter Springs this.:' r-. da/otMay, 1.998.
IN WITNESS WHEREOF, the Owner and the City have executed this Agreement
as of the day and year approved by the City. ~
::r:
:::.z::
o
r-
BATILE RIDGE COMPANIES, INC. rn
(J
a c>
"N
r-W
C)
w
CJ1
\..0
W
CXJc
0-'"
0-.,
.::T, (=)
:!>
, -
~/ ~~~
eith Hartman
Senior Vice President
_TJ
. :..,
r-.,
.U~
}>~
C>o
('1(1)
14
STATE OF. Lt)(,~-J- V~r8/1.)1 c~
CO U NTY 0 F~I~Z;;;;::O",'.JH'--
., I-~ Fe bit.{lI Of
9. Th~dor,egoing instrr;;ent was acknowledged before me this ~ day o~ --1
1997' by , K I L p,"-j..J( }r-!'110 n who is personally .known to me or produced
as identification.
AFFIX NOTARY STAMP
f Notary Public
., lud:/-;:; 'if],()/iJ n lOUT
(Print N tary Name)
My Commission Expires: ;;}-II-';J.criS
Commission No.:
~ Personally known, or
o Produced Identification
Type of Identification Produced
\ - ~
.r il\ \. ('
~/ ~ . . "; /', I "- ,. '-.._.-..-------
~.-' .---- ~
-IIY CLERK
CITY
U)
rTJ
:r:
N~ER RINGS, FLORI!
/ n
J ~ ?
PAUL P. P RTYKA, MAY: R ~
w
U1
\.D
W
C:.J C
0"
0"
An
}>
r-
;;u
..1
(-.1
'-00
>:u
~o
nl(f)
\
o
N
W
AFFIX NOTARY STAMP
STATE OF FLORIDA
COUNTY OF SEMINOLE
1L %M~(1
.,nstrumen .)was a~~~&.'v)jIEt.9g~~t9L~ me this L day of ~ay.
tJ.. '1- 4CR.J30no~~ersorlany1<no~or produced
( as identification. - J
'/
LY2;fI)A.~.. ~ _ V/e vL-.
~~e Notary Pt9J"c
/ !7/~{ T d-.c/oc.L
Print Notary Name) ,,I 1 ,.)
My Commission Expires:.-- .. !:)_l-- ~ iJOO'--_
Cqmmission No.: ~.c... 717 Lj /3 0
N Personally known, or
'0 Produced Identification
Type of Identification Produced
~"'6' Mary T lynch
*~ *Mv CommissIon CC774136
~'t..,,~ Expires September 10. 2002
Cf.~-\'F:~.:D
COpy
.~ ~: C'
f': \USI\\DKELLY\OEV./.^GT
;\~ '.., C... ..''':.-:-----
i~--.~.._'--... ~.~:---\
'~.~
15
(
:Jr r Il 't\. ~'.l_\...l".)I\~,",
( JDmt P^G~
6( /1/13/ r-
'1 /'] 5 9 3
SE~WiOU. Cll. FL
0232
LANQ DESCRIPDON:
A PARCEL OF LAND L YlNG IN SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCR/BED AS FOLLOWS.
BEGIN AT mE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST
SEMINOLE COUNTY, FLORIDA; TliENCE RUN soum 88'40'53" WEST, ALONG THE NOR~ LINE
OF SAID SEcnON 4. A DISTANCE OF 5407.95 FEET: THENCE LEAVING SAID NORTH LINE RUN
soum 00.,7'58" EAST, A DISTANCE OF 898.74 FEET, TO A POINT ON ll-lE' NOR ll-lEAS rERL Y
RIGHT-Of-WAY LINE Of THE EASTERN BELTWAY; mENCE, ALONG THE SAID NORTHEASTERLY
RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: RUN soum 2EU8'45" EAST. A
DISTANCE OF 173.24 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 5549.58 fEET AND A CHORD BEARING OF SOUTH 28.' 7'35" EAST; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
04'17'40" FOR AN ARC DISTANCE 423.45 fEET TO A POINT; THENCE, LEAVING SAID CURVE
RUN SOUTH 30'25'25." EAST, A DISTANCE OF 95.07 fEET. TO A POINT (IN A CURVE CONCAVE
SOUTliWESTERLY HAVING A RADIUS OF 7737.43 FEET AND A CHORD BEARING OF SOUTH
29'53"21" EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUCH
A CENTRAL ANGLE OF 03"22..34- FOR AN ARC DISTANCE OF 455.94 FEET, TO THE POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 774J.44
FEET AND A CHORD BEARING OF SOUTH 2S'18'2r'EAST: THENCE RUN .SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03"31"'40" FOR AN ARC
DISTANCE OF 475.79 FEET TO A POIN T: THENCE. LEAVING SAID CURVE AND SAID
NORTHEASTERLY RIGHT-OF-WAY. RUN NORTH 89'51'53" EAST, A DISTANCE OF' 606.29 FEET;
THENCE RUN SOUTH 00'17'44" EAST, A DISTANCE OF 25.00 FEET, TO A POINT. ON. THE SOUTH
LINE OF THE NORTH 1/2 OF SAID SECTION 4: mENCE RUN NORTH 89'5"53" EAST. ALONG
SAID soum LINE, A DISTANCE OF 3070.77 FEET. TO A POINT ON ll;E WEST LINE OF THE EAST
1/2 OF THE NORmWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEA5T 1/4 OF SAID SECTION
4; THENCE RUN SOUTH 00"07'42- VotST. ALONG THE SAID WEST LINE. A DISTANCE OF 648.41
FEET. TO A POINT ON THE NOR TliERL Y RIGH T -OF -WA Y LINE OF STATE ROAD 4J4~ THENCE RUN
SOU111 89'38'50" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF JJ1.84
FEET. TO A POINT ON THE EAST LINE OF THE NORTI-fWEST 1/4 OF THE HORTHEAST 1/4 OF. THE
SOUTHEAST 1/4 OF SAID SECTION 4; mENCE. LEAVING SAID NORTH RiGHT-OF~WAY LINE. RUN
NORTH 00'02'02" \VEST~ ALONG SAID .EAST LINE, .A DISTANCE OF 319.03 FEET. TO k POINT
ON mE soum UNE OF mE NORll1 1/2 OF mE NORTHEAST 1/4 OF mE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF SAID SEcnON 4; THENCE RUN NORTH 89'sO'13M EAST. 'ALONG SAID
SOUTH LINE. A DISTANCE OF 661.88 FEET. TO A POINT ON 111E EAST LINE OF THE NORTHEAST
1/4 OF THE NORTI-fEAST1/4 OF THE SOUll;EAST 1/4 or SAID SECTION 4,: THENC( RUN NORTH
00'21 '31" WEST, ALONG THE SAID EAST LINE, A DISTANCE OF J06.88 FEET: THENCE, LEAVING
SAID EAST LINE. RUN SOUTH 89"51'SJ" WEST, A DISTANCE or 25.00 FEET; THENCE RUN NORTH
00"21"Jl- WEST, A DISTANCE OF 25.00 FEET. (0 A POINT ON .11;E SOUTH LINE OF THE NOR TH
1/2 OF SAID SECTION 4: THENCE RUN NORTH 89'51"53- EAST. ALONG SAID SOUTli LINE. A
DISTANCE OF 25.00 FEET TO THE EAST 1/4 CORNER or SAID SEcnON <1; THENCE RUN NORTH
00'29'51". WEST. ALONG THE EAST LINE OF THE NOR;-HEAST 1/4 or SAle SECTION 4. A
DIS T ANCE OF 247.3.71 FEE T ro THE POIN T OF BEGINNING.
SAID LANDS LYING IN SEMINOLE COUN TY. FLORIDA AND CON rAINING 296. ') 7 ACRES MORE OR
LESS.
ATTACHMENT E
PLANNING AND ZO]'lING BOARD
AGENDA ITEM A
December 6.2000
Meeting
REQUEST: Community Development Department, Land Development Division, presents to
the Planning and Zoning Board the Staff recommendation on the preliminary
engineering plans for the proposed Belfaire Subdivision (aka Battle Ridge) in
order that the Board make a recommendation to the City Commission for their
action on this project.
PURPOSE: The purpose of this agenda item is to present to the Planning and Zoning Board
the Staff recommendation on the preliminary engineering plans for the proposed
Belfaire Subdivision (aka Battle Ridge) in order that the Board forward a
recommendation to the City Commission for action on this project. The property
is located on the north side of SR 434 and is approximately one (1) mile east of
the Greeneway. The zoning for this property is R-IA (Single Family Residential).
APPLICABLE CODE/ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
Section 9-46. Filing and contents of preliminary map and plan.
(a) Preapplication approval procedure. It is recommended that any developer
contemplating subdividing land in the city consult with city planning, building
and engineering officials before laying out any such plan. The above-referenced
officials shall advise such person in the preparation of any such plan particularly
as regards the requirements of these regulations.
(b) Preliminary plan.
(1) The applicant shall prepare and submit a preliminary subdivision map and/
or plan together with other supplementary material specified below,
accompanied by the appropriate form and fee to the city planner who shall
process the application in accordance with provisions of this Code:
Processing shall be as follows:
a. City planner.
b. City engineer.
c. Staff review.
d. Planning and zoning board.
e. City council.
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 2
(2) Preliminary plan supporting data. The preliminary plan shall be drawn on
standard twenty-four-inch by thirty-six-inch paper for convenient filing at
a reasonable scale (normally one (1) inch equals one hundred (l00) feet)
and shall include theJollowing:
a. Name of development; date of preliminary plan or revision; scale
of plan, north arrow; approximate acreage in the tract being
subdivided; total number of lots; name, address and telephone
number of developer, surveyor and engineer.
b. Location map showing relationship between area proposed for
development and surrounding area.
c. Legal description of tract to be subdivided.
d. Boundaries of tract shown by a heavy line.
e. Existing streets. The name, location and right-of-way width of all
existing improved streets, rights-of-way and platted streets within
two hundred (200) feet of the proposed subdivision; surface
elevation, including any legally established centerline elevations;
walks, curbs, gutters, culverts, etc.
f Proposed streets. The name of temporary designation (Street A, B,
C, etc.), right of way, and type and width of pavement. Include
any streets shown on the adopted comprehensive plan.
g. Proposed easements or rights-of-way other than for streets (e.g.,
for drainage, pedestrian ways, bridle paths, or bicycle paths),
location, width and purpose.
h. Lots. Lot lines and scaled dimension, lot numbers, and/or block
numbers, and building setback lines for irregularly shaped lots.
The building setback distance is the distance required to meet the
minimum lot width of the zoning district.
I. Sites, if any, for multifamily dwellings, shopping centers,
churches, industry, parks, playgrounds, and other public and
nonpublic uses exclusive of single-family dwellings.
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 3
J. Names of abutting suddivisions, recordation date and number.
k. Existing utilities on and abutting the tract; location, size and
invert elevation of sanitary, storm, and combined sewers; location
and size of water mains; location of gas lines, fire hydrants,
electric and telephone poles, and streetlights. Ifwater mains and
sewers are not on or abutting the tract, indicate the direction and
distance to, and size of nearest ones, showing invert elevation of
sewers.
I. Proposed utilities. A statement on the proposed method of water
supply and sewage disposal.
m. Other existing improvements, including buildings, on the tract.
n. Natural features, including lakes, marshes or swamps,
watercourses, and other pertinent features; wooded areas. A
general description of soils and existing vegetation on the tract
shall be provided (Seminole County Soils Survey).
o. Existing contours at one-foot intervals based on U.S. Coast and
Geodetic Datum for the tract to be subdivided and where
practicable, extending twenty-five (25) feet beyond the tract
boundary.
p. Proposed surface drainage with direction of flow and method of
disposition to the natural drainage area indicated or other
acceptable stormwater systems.
q. Subsurface conditions on the tract, to a minimum depth requested
by the city engineer; location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions; depth to
groundwater; location and results of soil percolation tests; location
and extent of much pockets. Tests shall indicate weigth-bearing
capability of the soil after stripping and compacting.
r. Zoning on and abutting the tract.
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 4
s. Proposed public improvements; highways or other major
improvements planned by public authorities for future
consideration on or near the tract.
t. Draft of restrictive covenants, if any. If the development is a PUD
or private development of any nature, restrictive covenants will be
required, if available at the time of submission.
u. Other preliminary plans. When requested by the city, typical cross
sections of the proposed grading, roadway and sidewalk,
preliminary plans of proposed potable water and firefighting
systems, sanitary sewage systems, stormwater management
systems. All elevations shall be based on U.S. Coast and Geodetic
Datum. The applicant shall provide the location and information
of the hundred-year flood elevation relative to the proposed site,
based on the FEMA (Federal Emergency Management Agency)
maps and estabiish the wetlands boundary by the approved
governing agencies, such as the Florida Department of
Environmental Regulation, the St. John's Water Management
District and the U.S. Army Corps of Engineers. In addition, the
seasonal high water elevation shall be provided, as determined by a
registered professional engineer in the State of Florida.
Section 9-47. Action on preliminary plan by city council.
Within forty-five (45) days after receipt by the city of the complete preliminary
plan, the city commission shall take action at any regular or special meeting and
report to the applicant its approval, conditional approval, disapproval or request
additional information from the applicant.
Section 9-48. Reasons when preliminary plan is disapproved; conditional
approval.
Upon disapproval of any plan, the city commission shall indicate those sections of
this chapter with which the plan does not comply. Conditional approval may be
granted specifying conditions which must be complied with, and such conditions
shall be considered thereafter as part of the preliminary plan.
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 5
Section 9-49. Approval of preliminary plan to be construed only as authority
to submit final plan.
Approval of the preliminary plan shall be construed as authority for submitting a
final plan in accordance with this chapter. Approval of the preliminary plan by
the city council shall not be construed as authority for the sale of lots in reference
to the preliminary plan, nor as authority for obtaining building permits, nor for the
recording of a plat, nor for the installation of required improvements.
ANNEXA TION AND PRE-DEVELOPMENT AGREEMENT
CHRONOLOGY:
July 31, 2000 - Preliminary Engineering submitted
November 14, 2000 - Development Review Committee convened
FINDINGS: 1) Staff has determined that the project as presented meets all Code requirements
and the requirements of the Annexation and Pre-Development Agreement.
RECOMMENDA TION:
The Staff recommendation is that the Planning and Zoning Board favorably
forward the preliminary engineering for the Belfaire Subdivision to the City
Commission for their action.
ATTACHMENTS:
A - Development Review Committee Meeting Minutes of November 14,
2000 (memo dated November 15, 2000)
B - Introduction and Executive Summary of Cultural Resource Assessment
conducted by SOUTHARC, INC., dated May 25,2000
C - Conclusion of Revised Analysis of the Potential for Occurrence of
Threatened and Endangered Species and Species of Special
Concern on the Battle Ridge Project Site conducted by Breedlove,
Dennis & Associates, Inc., dated January 29, 1996 and revised
July 26, 2000
December 6, 2000
P&Z REGULAR AGENDA ITEM A
Page 6
D - Annexation and Pre-Development Agreement
E - Preliminary Engineering
BOARD ACTION:
ATTACHMENT A
November 15, 2000
To:
Community Development Director
Assistant to the City Manager
Staff LJ}J
Land Development Coordinat~
Development Review Committee
Belfaire, Preliminary Engineering
From:
Re:
The above referenced Development Review Committee convened on November 14, 2000 to
consider the preliminary engineering for Belfaire Subdivision. R. Singleton, R. Braddick and D.
Schmidt represented the project. Staff members present were Cook, Dallas, Hall, Franklin and
LeBlanc.
Please see attached Staff comments.
Cook moved that the preliminary engineering be favorably forwarded to the Planning and
Zoning Board for their action, seconded by Dallas. All voted aye.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407)327-6695
Code Enforcement
MEMORANDUM
DATE:
November 14,2000
TO:
Don LeBlanc, Land Development Coordinator
\
Jimette Cook, Code Enforcement Manager ~
Belfaire project (!//
FROM:
RE:
I have reviewed the submitted plans and have no concerns at this time. There has not been a landscape plan
submitted for review. At that time I will olTer my comments.
Memo
To: Don Leblanc, Land Development Coordinator
From: David J. Alamina. Senior Building Inspector CD--.
CC: Dennis E. Franklin, Building Official
Date: 10/02100
Re:: Revised Preliminary Engineering, Belfaire Subdivision
I reviewed the above revised preliminary engineering and found that all
questions are satisfied except part one of statement #4 (Indicate on plans the
minimum building pad elevations and minimum finished floor elevations.) This
must be furnished on plans at final engineering time.
C:\docs\word\dave memo\rovised preliminary revised engineering belfair _Battlefidge.doce Page 1
Donald LeBlanc
From:
Sent:
To:
Subject:
Glen Tolleson
Monday, October 02, 2000 1 :55 PM
Donald LeBlanc
Belfaire (aka Battle Ridge)
I have no comments regarding the project at this time.
Donald LeBlanc
From:
Sent:
To:
Subject:
Kimberley Hall
Monday, September 25, 20008:40 AM
Donald LeBlanc
Belfaire Subdivision
I have no further comments for this project.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
Code Enforcement
MEMORANDUM
DATE:
September 20,2000
RE:
Don LeBlanc, Land Development Coordinator
lhnetle Cook, Cnde Enfon:emenl Mannge"t!)
Bclfaire project
TO:
FROM:
I have reviewed the plans and olTer the following;
1. Although the revised tree replacement requirements do not apply, only trees located on the
construction pad, or within 10 feet of proposed construction will be removed. Any other trees
removed must be replaced.
2. Arbor permits are still required before site work.
3. Any existing trees to be left on site must be protected before any site work or construction takes
place.
September 12, 2000
CPH Engineers, Inc.
1117 E. Robinson St., Suite C
Orlando, FL 32801
Phone: (407) 425-0452
Fax: (407) 648-1036
www.cphengineers.com
Mr. Don LeB lane
City of Winter Springs
1126 East SR 434
Winter Springs, Florida 32708
RE: Review of Belfaire Subdivision Re-submittal Package
Submittal Dated August 21,2000
CPR Job No. W0491.11
Dear Mr. LeBlanc:
We have reviewed the plans and response letter submitted by Bowyer-Singleton &
Associates Incorporated for the Belfaire Subdivision. They have addressed all of the
comments except one adequately. The developer will need to address and provide some
type of documentation regarding the decision that was agreed to by the City and the
developer to allow the pond construction to occur within this area. This is an issue that
could cause problems before the City council if it is not properly addressed. Once
sufficient documentation on this issue is provided, we have no objections to the project
continuing through the approval process.
Should there be any questions regarding our review of this project, please feel free to
contact me at (407) 425-0452.
Sincerely,
:[2Z*
Project Managi P E
J:\W049J.ll\resubmittal comment letter-doc
cc: Mr. David M. Schmitt, P.E., Bowyer Singleton
SANFORD . ORLANDO . DELANO . PALM CITY . CAPE CORAL . JACKSONVILLE
September 12, 2000
To:
David M. Schmitt, P.E.
Bowyer-Singleton
~'
.~
Don LeBlanc
Land Development Coor mator
From:
Re:
Revised Preliminary Engineering
Belfaire Subdivision
I have reviewed the above referenced preliminary engineering for Beifaire Subdivision and offer
the below listed comment:
Again, one ACOE and SJR WMD agree to wetlands mitigation, proof of approval must be
provided to the City. Once the new wetlands delineation line is established is the time
that the 25-foot upland buffer is shown on the plans. It is rather difficult to show the
buffer at this time without knowing where the wetlands will end.
This will not prevent consideration of your preliminary engineering in a favorable light, but final
engineering will not be approved until this information is provided.
WINTER SPRINGS
FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS. FLORIDA 32708
TELEPHONE: (407) 327-2332
FAX (407) 327-4750
MEMORANDUM
To:
From:
Date:
Subject:
Donald LeBlanc, Community Development Director
Timothy J. Lallathin, Fire Chief ---J~ I ~
September 6, 2000
Development Review Committee / Revised Plans
Belfaire (plans dated August 22,2000)
The Fire Department has reviewed the revised plans on the above referenced
development and offers the following comments.
The fire hydrants locations were modified to meet City Code and the other concerns
were covered in a separate memo from Bowyer-Singleton & Associates Incorporated
dated August 21, 2000.
The Fire Department has no further concerns at this time.
RECEIVED
AUG 2 5 2000
Su nbre~Te~,"~~~s
August 24, 2000
520 South Mognolia
Orlando, Florida J2801
Phone 407-84J-5120
Fox 407-649-8664
File No. BTR-1
Mr. Donald LeBlanc
City Land Development Specialist
Land Management Specialist
City of Winter Springs, City Hall
1126 East State Road 434
Winter Springs, Florida 32708
Subject:
Belfaire (Battle Ridge) Park Fee
Dear Don:
As discussed at Development Review Committee (DRC), Sunbreeze, Inc. is agreeable to a voluntary park
fee of $300 per lot. This fee would be paid at issuance of the building permit. Any lots that have not
pulled building permits within two years from the date of Certificate of Completion of the site
improvements will be subject to prepayment of the $300 per lot at that time.
I trust this proposal is agreeable. If so, it can be included as a condition of approval for the project.
RRB:gkb
\\BTR1\Corr\7016
c: Ralph D. Singleton, Sunbreeze, Inc.
(
(
MEMORANDUM
TO: Don LeBlanc, Land Development Coordinator
FROM:
Chuck Pula, Parks and Recreation Director C \Y
SUBJECT: Annexation and Predevelopment Agreement-Battle Ridge
DATE: August 11, 2000
Page 9 of this agreement, number 4 Development Plans; D Parks and Recreation:
No on site parks and recreation facilities will be required of this development. The
developer is required to pay a fee-in-lieu, per Objective E, Policy 1, Page 44 of the
Recreation and Open Space element of the City's Comprehensive Plan.
Winter Springs Parks and Recreation continues to grow rapidly in youth sports
activities. New young families moving into Winter Springs primarily seek out these
types of activities for their children.
A pressing current need in Parks and Recreation is the acquisition and development
of land that may be utilized for practice ball fields (football, soccer, and baseball
and softball). The fields require large cleared open areas of approximately 1-2 acres
per field. Also, there is a need to light the 4 game soccer fields at Central Winds
Park to expand the time they are available for needed youth game use.
At the present time, the City of Winter Springs does not have a Recreation Impact
Fee in place. However, our neighboring City, Oviedo, with very similar parks and
recreation needs, has, since 1994, a fee structure of $288.00-$397.00 per dwelling
unit depending on size. The fee-in- lieu I established is $300.00 per dwelling unit
based on the proposed 110 dwelling units; the fee would be $33,000.00.
If I can be of further information, please contact me at 407-327-4761.
/Img
ATTACHMENT B
CULTURAL RESOURCE ASSESSMENT
BA TILE RIDGE TRACT
SEMINOLE COUNTY, FLORIDA
Prepared for:
BOWYER-SINGLETON & ASSOCIATES, INC.
520 South Magnolia Avenue
Orlando, FL 32802-2769
Prepared by:
Martin F. Dickinson, RP A
Lucy B. Wayne, Ph.D., RPA
SOUTHARC,INC.
3700 NW 91 51 St., Suite D300
Gainesville, FL 32606
(352)372-2633
May 25, 2000
134-00-01
Sout11Arc, Inc.
Specializing in Archaeologicol/l-lisloricol Services
Mcrn/)cn 50ciclV of I'rolnlionol ArcllOcologists
INTRODUCTION AND EXECUTIVE SUMMARY
Development is proposed for a tract known as Battle Ridge located on the south side of Lake
Jessup in Seminole Courity (Figure 1). At the request of the City of Winter Springs, a preliminary
cultural resources reconnaissance was completed on this tract in April, 2000 (Dickinson and Wayne
2000). Based on the results of this reconnaissance, the project engineers, Bowyer-Singleton
Associates, Inc., requested that SouthArc,Inc. complete a Phase l cultural resources survey and
assessment within the uplands portion of the tract. Field work was' conducted in May, 2000 under
the direction of Martin F. Dickinson, RP A, President of SouthArc. Project documentation was
completed by SouthArc's Vice President, Lucy B. Wayne, Ph.D., RPA.
Although the tract is separated by extensive wetlands from the open waters of Lake Jessup,
the preliminary reconnaissance completed by SouthArc suggested that the lake shoreline was once
much closer to the upland portion of the project tract. Previous research at nearby sites on the south
shore of the lake (Wayne and Dickinson 1990, 1993; Dickinson and Wayne 1996a, b) indicated that
there was a potential for prehistoric archaeological sites within the uplands area close to the relict lake
edge.
Following the guidelines of the Florida Division of Historical Resources (FDHR), the uplands
portion of the project tract was stratified based on its proximity to the lake shore. The areas closest
to the lake were tested at 25-meter intervals along transects parallel to the shoreline. As the distance
from the lake increased, the test unit interval was increased to 50 and 100 meters. A single lithic
flake, identified as an isolated find, was recovered from the test units. One unit at the wetland edge
in the northeastern comer yielded fossil bone, perhaps from Pleistocene deposits. The portion of the
property adjacent to State Road (S.R.) 419 contains a concrete slab from a relatively recent
residential occupation.
Based on the results of the cultural resources survey, the archaeologists believe that
development of the upland portion of the Battle Ridge tract: will not impact any significant
archaeological or historical resources. No further research is recommended.
134-00-0 I
:'lIOn
~.. .
.jJ~=::l ~l~
,~~rill
, -. \
......x~
_/'
~---
'.',' , ..,~,,\liit-;;:;:-L'IlIding
~\~Q
~on Springs
Ii
j
N
)
"")"'
....i."'zl
. .,.~ Jones Landing
S\l>.u,....a/~r Cret!J:
/
Dbc~ HJ.mmoc
I
.1
j I
II
FLORI A
''''-
I I
i
I
I,
i:
I'
I,
I
Scale I :37,500 (at ccntcr)
L---=-J
, 2000 Fcet
Mag 14,00
Thu May 25 I [:45:23 2000
1000 Mctcrs -----,
FIGURE 1.
PROJECT LOCATION. SA TTLE RIDGE
DEVELOPMENT, SEMINOLE COUNTY.
FLORIDA
SouthArc, Inc.
SOURCE: DELORME 1993
t
Arch:lcologiC:l1 :lnd
Hisloriol Services
bY
Specializing in Archaea/agical/Hi5(arical Service5
Member5 Society of PrafeH;anal Archaealogi5(5
Aug. 31, 2000
134-00-01
Mr. Ray Bradick
Bowyer-Singleton & Assoc., Inc.
520 So. Magnolia Ave.
Orlando, FL 32801
RE\IT~
Re: Battle Ridge Development--Cultural Resources Assessment
Dear Mr. Bradick:
This letter will confIrm that the cultural resources assessment completed by our firm at the
Battle Ridge development in Seminole County complies with the City of Winter Springs Annexation
and Pre~Development Agreement. The cultural resources assessment completed in May, 2000
included conducting a systematic grid archaeological survey of the developable site. As you knuw,
the report of the assessment was reviewed and approved by the Florida Division of Historical
Resources, the state review and compliance authority for archaeological studies.
Please let us know if we can provide any further information relevant to this project.
Sincerely,
~B~
Lucy B. Wayne, Ph.D., RP A
Vice President
fn':l :'-":~J;:=~"~~i
! ~ I: ---' . e: i: !.
) .'.
.
", :- ":
i :
L~.-=.
3700 N.W. 91 st Street, Suite 0300, Gainesville, Florida 32606-7307 (352) 372-2633
Fax: (352) 378-3931 . E-mail: loutharc@gnv.fdt.net
ATTACHMENT C
BDA
ENVlRONtvlENTi\L CONSULTANTS
2000-031-10.1
REVISED ANALYSIS OF THE POTENTIAL
FOR OCCURRENCE OF THREATENED
AND ENDANGERED SPECIES AND
SPECIES OF SPECIAL CONCERN
ON THE BA TILE RIDGE
PROJECT SITE
Submitted to:
Mr. Donald LeBlanc
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Phone: 407-327-1800
January 29, 1996
Revised July 26, 2000
Submitted by:
i ~
,
~)c.~ O. k )aA~ __
{:,'William F. Grey, D.A. '\
Senior Scientist
~~
W. Michael Dennis, Ph.D.
President
IIIU:I'.I lL( lVI:, I )1:~0!h '" i\SS\ )( :1 Ai'I::-;, 1,'1(:,
\ h' W. (:I\NI'()N 1\\TNt T : \\'INTLI: I'..\IZK, 1:1. 127K')
"11\ 1:-': I: W7 .(,7{.1 ,"..i.' ; 1;..\\ -1\',1>)7. 7l\'S
4.0 CONCLUSION
Four bald eagle nests hist near the Battle Ridge project site according to FWC. Uplands in the southeast
comer of the site are outside recommended primary and secondary zones, 750 and 1,500 feet, respectively.
The bald eagles are classified as urban, due to their close proximity and adaptability to existing urban
development and transportation corridors.
I
As a result of the gopher tortoise censuses, no gopher tortoises or commensal species were identified within
the upland communities. Upland habitat areas were determined to be potentially low for gopher tortoise
I
and commensal T&E species. The site has a potential for occasional incidental use by listed bird species,
I
including the white ibis and wood stork; however, any use of the upland areas by these species would be
merely incidental. There are no roosting or nesting habitats available on-site. The uplands on the Battle
~
Ridge project site do not provide critical habitat for any T&E plant or animal species.
J
Based on the location of the site adjoining two major transportation corridors and surrounded by existing
t
development and its past disturbance of logging activity, we do not believe there is any significant
occurrence or use by any protected plant or animal species.
~
I
j
The ecological constraints documented in this report such as environmental regulatory matters, wetland jurisdiction, wetland
pennitting, wetland mitigation requirements, water quality, and threatened and/or endangered species, are provided based on data,
site conditions, and information available on the date of our site review. This infonnation is for general planning purposes only,
and should not be used as a final determinant of regulatory agency position, final development potential, or appraisal purposes.
The extent of agency wetland jurisdiction can be determined through field location of the wetland limits and on-site agency
review of those limits.
I
I
I
P:\AOMIN\PROJECTS\20000J I \REI'ORTS\ANAL YSIS.DOC
14
J
, '. ~. '. '. '.., . ." e.(' ,. / I~""'~~l
..~..:. ~~,.::""':':'~'", . '~<~"'I" . : \' .~. ~. .GO:-.~~ ,~:,' /':1' 15
.': '. -. ...,-...... ,',',_", .Sn.R- 2W'!lOW'.y ;" --{, ~\ 1'\
:. <.0.p. ~; ....:.. ':':.;.': :1. ..:;". .:;.<:'~. :;>.~'. :,:;",:: . ': '. .~:. ~~..'~ ~~'~:=-\1:e;';rr---;f;/ '/~'~r~-;:\l ~'\
"",. . -,. . . ~ ., .. ...: . . 0'. ~ '- - -" L hd;;'- -", J " . I I' "
. . '.' ~. . :'.' .:: _' . . ...... ". . 'plle, . 0 .: ....-..:.... ~ i - ,. !l- ~ng.;II .. .'-:'" ," " I
.-:. 6::, '. :. -.. ;.'0.. '. ..... - ~ .... -' (~I ,> ,I ""'; -- ) ," "
...... :;':'>:. I . ....p.i1es": . '" _ --- -----::- --_-~.;: . , ~ ..-r~~~.~._~_ I ___~. It I ~
'::.... .:. ....... .' ,.. .. """ - ~ - -- ~ - _. -,' 0" 8" . .-' - " ,
':.\ , . ~ .~, :~~. :" , __ .0 _- ......:.._ ~ ""5-:' "":. -: _~ ;': :;:j.-, ; ~+-- ' ..: '~.\:;.:
:/i4J c,;=-- ':"'.!y\"P,\ -' 1- ~ - ~ ...... - -- - 3-3-- -~ - -- -- -__ _1/ \ .' I l:1 '
~~\\~I' ~\~ 1:~~~_____~~"""':.----=-~~~-~-:-:-:::-:~/1 /~ J .......:,
~ J1!'^"'~~'J ~ t:.'...:.".;;~';~;;:--~- -- ~f';:~~;";~f; i ~i .,. -r - ,'" ;'''T~
~~ 0 ~~ 0i~,~~'" ..... ''''..) '~ : ~ ~:
'("~~~!., :1--: r:, :~ i
\ I(~~ ~:( ", 'iJ l-' -.-'-.".,....... .:J
. r-u ~~ r ~~\~:~~ ...~~_. .' ,\1.: c~~ 2~3 ~)~~ I~ i/~ "'1-
~ rI : V', \ . ~~_I 6 .",.~, "I -......: : ..' __ 11\
H. r.,.- I /. '. ,.
B39 - I :I\~' -i ~ ~) , \J::,~~ :.~i ~~/ ':\: I
~~~ I ;.; D1==~~~ .;~l~~gf/\;4 ~ \l ~'vl: .j ",
\, . - ~. I I: " ~II ...........{ ( ~ C,....: '--\ ~ i (
,-- " I iA q q \, ...::....'\.\.~. ';'~ "'""'..~ 'I,. =1 r=="
~B RD '::..:..- . ; l~: 3 'I' ~ ~ \ I /( \ i',:: "-
I all '" u. ,....~. -' ) ' .
~..... ~: 41q-1 ~~""' "".,,\~,~ : i.,2 (:~.~0-~'1 '. ..... ,.:~.
,. ~I t ~ II 'q . . I (~ r" "~ .
.~ I - _ ". , r r \'" ./ ./ ): 1.-' ~ ~ '. .' r
o '0 - , ~'" Ir '';>/...-/' .-"<i'./, . :< 5.~.. .
~ (.-.= -:=;> ~~:- ~ " -t · . )'~~~" ~ . , . ~kGr..~
-.~.-._~. "'" _.,..\/: '\ ~~iH '~;;'~_.~ tJ~Q) ~:':~. t~ ~.~; /~~. ~~~~~~~i.~
'.--' . ~l I ~ .. '1 . <;~ '/AIf'.A h 7"./.t::-.. .:.~
... (I; " \-\'__ W'::~E:'~' ,~. ~ 11 \ 'r-~~: -t!:-/, "';'L k : ~,~
~~spr \) ":q'li. .~[~~\"~,/~P'l}W'~-.:.:;D) ~~~~ ~~V:~~:I&:~~~~.\~i(~
,,/ . . ,-oj: ~ ..R;i: r. '" .bI 41-fi -::: K0-:,. ..-..:.'1' It I ":" :~ '~:: ~!";,::: ~ . .::.
.\ . _'. I "- 'l-... =", 5IT- ~(-~ fT...... .U .'. .,' .'. .".
O (':: (' r~ ~! j\' '0, ,~, :\.......~VJ7:,.. ~l.']:Ar~.;t"'....'Y )).~ '. "0
:/ ~ I --\\1 . . ~ '1+1 ~ ~~\F ", ':~ Kfu - ~ -
____ -:..;"... 1/1\ \1,\ l v~ If' ~ iJ.~..!>~djyOviqd~ I
, ,
, .
: '
) !! ~ -~. . 1 I ~~ P ~', \ (\ .~::'-
(')'N:-+.'.;"':.t': ~!-. ... '1\ I .~. . I \J ~ 0_'"
:1' '. :.:.~...;": " ~ I' ( (!1- ~0-~/-:? 20?O'
r / I. '. , (;, ,.--....,.u=~ ~-",'",f(....,.~.... SCALE 1- = 2000'
~
:\
..-
--
U.S.G.S. OVIEDO. F"L 1956 XREFS: BELTWAY.OWG
PHOTOREVISED 1980, PROPERTY.OWG
ROAOBUF.OWG
BDl ^ BREEDLOVE. DENNIS 95144-10.1 / BATT~E.OWG
'L-\.'~: ASSOCIATES, INC. 1-12-1996 / CBT -IP
4301 Metric Dr. Winter Perk. FL. 32792 (407)677-1882 Fax:657-700e
FIGURE 1.0-1 . LOCATION MAP OF THE 297 -ACRE SA TILE RIDGE PROJECT SITE.
SEMINOLE COUNTY, FLORIDA.
(SECTION 4, TOWNSHIP 21 S., RANGE 31 E.)
ATTACHMENT D
(
(
August 3, 2000
To:
Community Development Director
Assistant to the City Manager
Staff
Land Development coordinat~
From:
Re:
Annexation and Pre-Development Agreement
Battle Ridge (now known as Belfaire)
Attached for your records is the above referenced annexation and pre-development agreement as
it relates to Battle Ridge - now being reviewed as Belfaire.
:~L-t. f~l(\ OF C Ir<ell: ~ couln
(
- - .-._.. - - -. -
}<t_COI\UElJ & V[RIFtl_~
r.J'J FEj 1[, Ptl (: ?U
3'J?S-1.O
,) ... J
ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into this ;2~L. day 07t';;? 1998, by
and between the City of Winter Springs, Florida (herein referred to as the "City") and
Battle Ridge Companies, Inc. (herein referred to as the "Owner").
WlINESSEIH: :
WHEREAS, Owner owns property located in unincorporated Seminole County
on the east side of the State Road 417 (a/k/a "The GreeneWay") and north of State
Road 434 and has filed an Application for Annexation of Owner's property into the City
which land is described on Exhibit "A" attached hereto and incorporated herein, and
WHEREAS, the City has encouraged Owner to annex into the City and
acknowledges the continuing permanent benefit which the City will receive by virtue of
annexing Owner's property and acquiring the right to provide municipal services to the
Property, and
WHEREAS, the City has determined that it is in the City's best interest to enter
into this Agreement to assure Owner of the future availability of adequate municipal
services, including sewer and water service, at such times and in such capacities as
may be necessary to allow Owner to develop the Property as set forth herein, and
WHEREAS, Owner's plans for development of the Property as a high-quality,
residential development have been deemed by the City to be of substantial economic
benefit to the City and its citizens. Owner's plans further include creating a
conservation area for the benefit of preserving and protecting over two-thirds of the
Property in its natural state, which will be of substantial benefit to the City and its
citizens, and
WHEREAS, the City has determined that it is feasible and in the City's best
interest to extend into Owner's Property other municipal services, such as police
protection, fire protection, sewer and water service, trash and garbage removal, street
and storm drainage maintenance, and
WHEREAS, in reasonable reliance upon the provision of water and sewer
service, municipql services, and other inducements to annex, Owner has .filed said
Application for Annexation pursuant to 171.044, Florida Statutes, and
WHEREAS, Owner has filed an application with the City for a large scale
comprehensive plan amendment to change the Future Land Use Map designation of
the developable portion of the Owner's property designated on the Seminole County
Future Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's
Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling
1
c...:>
(f) Ul a;
M \..D 0
:r.: 0
w A
::z:
0
r-
rn
(")
C) 0
" N -u
:>
r- e)'
--.J r'l.
(
units per acre) and to change that portion of the Owner's property designated on the
Seminole County Future Land Use Map as "Conservation Overlay" to the City's Future
Land Use Map designation of "Conservation," and
WHEREAS, Owner has made an application to th~ City to rezone the
developable portion of Owner's property from Seminole County Zoning Map designation
A-1 "Agriculture" to the City's Zoning Map designation R-1A "One-Family Dwelling
District," and
WHEREAS, Owner is further willing to annex if the City agrees to cooperate in
the effort to amend its Comprehensive Plan Future Land Use Map to accommodate
and be consistent with the land uses permitted for residential uses as described herein
and otherwise do what is reasonably necessary to rezone the property pursuant to
these land uses, and
WHEREAS, the first reading of Ordinance 694 to annex the property was held on
January 12, 1998 and the second reading and public hearing of Ordinance 694 was
held on January 26, 1998, and
WHEREAS, the first reading of Ordinance 695 to adopt the large scale
comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map ~
designation of the property was held on January 12, 1998 and the second reading and :x
public hearing of Ordinance 695 was held on January 26, 1998, and ~
r
rT'
WHEREAS, the first reading of Ordinance 696 changing the Zoning Map g
designation of the property was held on January 12, 1998 and the second reading and :."
public hearing of Ordinance 696 was held on February 9, 1998, and r
WHEREAS, Owner and City believe that it is in the best interest of each party to
enable the Property to be developed substantially in accordance with the preliminary
development plan attached hereto as Exhibit "B" (the "Preliminary Development Plan")
and as further described herein, in accordance with Part II of Chapter 163, Florida
Statutes, the Local Government Comprehensive Planning and Land Development
Regulation Act (the "Act"), other applicable Florida Law and the Charter and Code of
Ordinances of the City, and
WHEREAS, City and Owner hereby acknowledge and warrant to the other that
this Agreement and any future acts as required hereby are binding and enforceable on
the City and Owner in accordance with their terms, and
WHEREAS, the agreement of the City to provide inducements as set forth in this
Agreement (including land use approvals) and be bound by this Agreement, as well as
the City's assurance to the Owner that this Agreement is enforceable against the City
and that the City will not seek to thwart enforcement based on any claim of invalidity,
2
w
en ruc
\.0 0'"
o-
W =^-
(
-
~
~
:
0
I"V --u:
~"
,- C)"
IT"'(
co
(
are all material inducements to the Owner to enter into this Agreement, and the Owner
would not voluntarily annex into the City or enter into this Agreement but for such
agreement and assurances by the City, and
WHEREAS, Owner has already made and will continue to make financial
commitments and has paid and will continue to pay substantial sums of money in
contemplation of the rezoning and redesignation of land use to develop the Property,
and
Accordingly, in consideration of mutual benefits, the public interest and other
good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
SECTION 1, RECITALS;. EXHIBITS. The above recitations are true and
correct, are hereby incorporated herein by reference, and form a material part of this
Agreement. All exhibits to this Agreement are hereby deemed a part hereof.
SECTION 2, AUTHORITY. This Agreement is entered into under the authority
of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general
powers conferred upon municipalities by statute and otherwise (including Chapter 163
and 166, Florida Statutes), and the City's Charter.
SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT.
w
Ul
\..D
W
rue
0"
o-y
~c=
...
,-
r"
;:I
f"1
':
-U'=
~::;I
C>C
P1C/
A. Owner filed with the City, on August 2, 1995, an Application for ~
Annexation of the Property, which is conditioned upon the adoption of this Agreement.~
The City initiated the process to accomplish the annexation in accordance with law. ~
~
B. Owner has filed with the City, on August 2, 1995, an Application for g 0
Comprehensive Plan Amendment in order to amend the City's Future Land Use Map to.., . ~
include the Property and provide for a future land use designation for the Property of .- \..D
Lower Density Residential. The City initiated the process to accomplish the
Comprehensive Plan Amendment in accordance with law.
SECTION 4. DEVELOPMENT OF THE PROPERTY.
A. The sizes, configurations and boundaries of the parcels and roadways
shown in the Preliminary Development Plan are for conceptual planning purposes only
and shall not bind Owner to develop the Property in strict conformity with the
Preliminary Development Plan. In the event of any conflict between the terms of this
Agreement and the Preliminary Development Plan, this Agreement shall control.
B. The classification labels and descriptions pertaining to the parcels and the
locations of the lake/conservationlretention areas shown in the Preliminary
3
(
Development Plan are approximate. The exact location and configuration of said
lake/conservationlretention areas shall be subject to change pursuant to regulations of
the appropriate cQunty, state and federal permitting agencies. The parties
acknowledge that portions of the lake/conservation/retention areas shown in the
Preliminary Development Plan may be identified as wetlands. Owner may use, develop
or set aside isolated or marginal wetlands provided that the same is in compliance with
all federal, state, county, water management district and other applicable local
regulations.
C. Following delineation of the jurisdictional wetland lines, the parties
acknowledge that the parcels in the Preliminary Development Plan are calculated in
gross developable acres and when developed will include, as necessary, storm water
retention and detention areas, recreation and open space, streets as well as the
lake/conservation/retention areas shown in the Preliminary Development Plan.
D. As designated in the Preliminary Development Plan, the Property shall be
developed pursuant to the standards established for zoning categories consistent with
Lower Density Residential Land Use on the City's Future Land Use Map. The City will
support and approve a rezoning to R-1A One-Family Dwelling District allowing
residential use consistent with the Preliminary Development Plan, this Agreement, and
the City's Comprehensive Plan and the City's Land Development Code.
E. The parties acknowledge that the Preliminary Development Plan ~hall be
the basis for Owner's development of the Property, subject to such modifications as (/)
may be mutually agreed upon by the parties or are required by existing City ordinance~
The parties recognize that as the development process proceeds, it may be necessary:z:
to amend the Preliminary Development Plan either: (i) as may be mutually agreed upo~
by the parties; or (ii) as permitted by Section 163.3233(2), Florida Statutes; or (iii) as ~
required by currently existing City ordinances. The City shall do what is necessary and?
within its power and authority to grant and allow development permits'and approvals, ~
including, without limitation, platting, for the orderly development of the Property in
accordance with this Agreement.
w
Ul
\.D
W
we:
C)""T'
a-r
:::r.c=:
)":
,-
...
. .
C>
N
f"'0
C)
c
-uc
}>:::
be
Pll,
F. Owner represents to the City that Owner shall establish a homeowners'
association to ultimately own and maintain the entranceway amenities and other
commonly owned amenities within the residential development on the Property.
G. Owner or its authorized representative shall submit to the City such
applications and other documentation and shall comply with such other procedures as
may be normally and customarily required by the City for comprehensive plan
amendments, rezoning, platting, site plans and other development approvals or permits.
Owner acknowledges and agrees that the City will not be responsible for any money
expended by Owner if the Comprehensive Plan Amendment is not approved by the
State,
4
H. Except as otherwise set forth herein, all development of the Property shall
be subject to compliance with current City ordinances, and with regulations of state,
local and federal agencies.
SECTION 5, PROPERTY OWNERSHIP. Owner acknowledges and represents
to the City that Owner is the owner of the Property and that Owner is empowered to
enter into this Agreement. Owner further represents that nothing in this Agreement is
barred or prohibited by any other agreement between Owner and any governmental
agency or any third party.
SECTION 6. PROVISION OF PUBLIC FACILITIES AND SERVICES.
A. The City represents that it has sufficient water capacity and pressure to
serve the Property. The City represents to Owner that the City has a ten (10) inch
water line located approximately 1,200 feet from the western boundary of the Property
at State Road 434 and that Owner has the right to connect to such water line. All lines
and connections necessary to provide water facilities and services shall be provided
from the City's water line to the Property by Owner. Owner shall, upon completion of
construction and installation of such water line, deliver to the City a statement setting
forth the cost of the construction and installation thereof. Subject to approval of FOOT,
the City represents to Owner that all necessary rights-of-way to allow installation of all
lines and connections necessary to provide water facilities and services from the City's
water line to the Property as aforesaid are available.
w
(f)Ul
fT1 \..D
B. The City represents that it has sufficient sewer capacity to serve the ::t c....J
Property. The City represents to Owner that the City has a six (6) inch sewer line 23
located approximately 2,200 feet from the western boundary of the Property at State ~'
Road 434 and that Owner has the right to connect to such sewer line. All lines and () C)
connections to provide sanitary sewer services shall be provided from the City's sewer ~ N .U
line to the Property by Owner. Owner shall, upon completion of construction and ~ N .~.
r"
installation of such sewer line, deliver to the City a statement setting forth the cost of
the construction and installation thereof. Subject to approval of FOOT, the City
represents to Owner that all necessary rights-of-way to allow installation of all lines and
connections necessary to provide sewer facilities and services from the City's sewer
line to the Property as aforesaid are available. The City will take all steps necessary to
assure that sufficient capacity to serve the Property with sanitary sewer services shall
be available when needed for development by reserving for the Property sufficient
equivalent residential units (flERU'sfl) for the proposed project. The Owner shall be
required to pay annual guaranteed revenue charges for each ERU (Water and Waste
water Equivalent Residential Unit) beginning at the time of Florida Department of
Environmental Protection construction application, and continuing annually until
issuance of a construction certificate of project infrastructure by Florida Department of
Environmental Protection.
CD(
0-
o'
A(
5
(
(
\
C. The City hereby agrees that Owner has the right to delay payment of
water and sewer connection fees until issuance of each building permit by the City for
construction of a single family residence on the Property. The City hereby represents
that the current service availability charge for sewer is $1,890.00 and the current
service availability charge for water is $560.00. The Owner shall be required to pay the
service availability change applicable at the time said fees are assessed on a parcel or
property.
D. The parties acknowledge and agree that it is not feasible to install
reclaimed water lines in this development; accordingly, the same shall not be required.
E. No septic tanks shall be allowed on the Property.
SECTION 7, CITY CONDITIONS OF APPROVAL.
It is hereby ORDERED AND RESOLVED by the City Commission of the City of
Winter Springs, Florida, that the property referred to as the BATTLE RIDGE
PROPERTY (hereinafter referred to as the "Property"), be annexed into the City,
designated on the Future Land Use Map and in the City's Comprehensive Plan as
"Lower Density Residential" and rezoned to R-1 A subject to the following terms and
conditions:
A.
Comprehensive Plan AmendmenUEffective Date.
W
<.nUl
The effective date of this Agreement shall be the date on which the ~ \..0
Comprehensive Plan Amendment (LG-CPA-1-95) is approved by the Cityx W
This Agreement shall be recorded with the Recording Department of the ~ 1
Clerk of Courts of Seminole County within ten (10) days after execution bF
the Mayor of the City. ? 0 -0
--., l"V ;t>
,. i'V C)
f"'..) Pl
roc
0-"
0-"
=^-
("
}
r-
B.
Development of the Property.
1. The Property shall be developed in accordance with
Comprehensive Plan Amendment (LG-CPA-1-95) which designates
the Property City Future Land Use Map "Lower Density
Residential" (1:1 to 3.5 Dwelling Units per acre). However, the
actual net developed density shall not exceed 2.56 UI'Iits per acre.
2. The property shall be developed as a residential community with
preservation of the wetlands portion of the Property in a non-
developed natural state. The uplands portion of the Property shall
be developed as a residential community in accordance with the
requirements in Chapter 20 Article III, Division 4, R-1A One Family
6
(
Dwelling District, and Chapter 9 of the Land Development
Regulations, Winter Springs City Code.
C. Wetlands.
1. Any existing wetlands or other areas which are in the jurisdiction of
the Florida Department of Environmental Protection (FDEP), St.
Johns River Water Management District (SJRWMD), or the U.S.
Army Corps of Engineers (ACOE) shall be subject to the applicable
rules and regulations of those respective agencies.
2. Following final wetlands boundary determination and platting, but
within one year of this Agreement, the Owner of the Property shall
convey, at no cost to the Grantee, the wetlands portion of the
Property to a responsible public or private non-profit environmental
agency reasonably acceptable to the City. Pursuant to City Code,
all wetlands shall be delineated according to FDEP, SJRWMD, and
ACOE jurisdictional lines.
3. To further protect the adjacent wetlands, Developer agrees to
design its stormwater runoff and retention system for the uplands
developable portion of the project in accordance with Outstanding
Florida Water (OFW) design criteria as established by Florida
Department of Environmental Protection and the St. Johns River
Water Management District.
4. Property will be developed in a manner to avoid any negative
impacts on any endangered plant or animal species. Further, no
construction shall be permitted within the one hundred (100) year
flood plain line as most recently established for this property.
D. Fire and Police Public Safety Facilities Impact Fees.
Applicants for building permits within the Property shall comply with the
City Impact Fee Ordinances, as they may from time to time be amended,
imposing impact fees for fire and police public safety facilities.
E. Transportation.
1. Applicants for building permits within the Property shall comply with
the City Road Impact Fee Ordinance, as it may from time to time
be amended, imposing impacts fees for transportation
improvements.
7
w
U> Ul CJ'
e:>
rT1 \.D e:>
:r. w :::r.
:z:
0
,
I"T1 ,
CJ C)
0
N "1J
""Tl )>
I N CJ
GJ r~
(
2. The costs of all street signs and traffic control signs and devices
located within the Property, shall be borne by the Owner or
Developer.
3. The Owner or Developer agrees to improve the State Road 434
project entry, as part of required installations of subdivision
improvements required by the City Code on the Property, to allow
two (2) outbound and one (1) inbound entry movements,
acceleration and deceleration lanes along State Road 434,
provided these improvements are allowed by Florida Department of
Transportation.
4. The Owner will design its internal road network to preclude
connection to adjacent properties to the east. To further assure
that the road system is not connected to future developments to
the east, Developer will dedicate on the plat or by separate
recorded instrument ten feet of property on the east property line of
Owner's developable property to the project's homeowner's
association as a preserve area. The only improvements which
shall be allowed in said preserve area are those necessary to
effectuate any type of natural scenic trail, as expressly authorized
by Owner.
F.
w
c.n
\.0
W
me:
o "'Tl
0-"
A-
n
}>
1--
Wall.
(J)
fT1
:I:
The Owner or Developer of the Property shall install a six (6) foot masonei
wall on that portion of the Property separating any actual residential unit~
from proposed commercial properties along the north side of State Roadn
434. ~
...
r-
C>
N
N
+-
:::J
r-rJ
(")
-00
)>;0
C10
r'1tn
G.
Building Restrictions.
The building restrictions shall be those found in the R-1A Single Family
Dwelling District, Chapter 20, Article III, Division 4 of the Code of
Ordinances of the City. They are:
1. . Residential Areas:
a. Minimum lot size of residential sites within the Property shall
be eight thousand (8,000) square feet with a minimum lot
width of seventy five (75) feet measured at the front building
line. The maximum number of lots shall be one hundred
and ten (110).
8
(
b. Building setbacks shall be:
Front: 25 feet
Side: 7.5 feet
Rear: 25 feet
Corner lots:
c.
CJ>
m
:I:
::z:
o
,-
Forty (40%) percent of the lot area is the maximum which n""'
may be covered by the principal and accessory buildings org
structures located thereon in the R-1A One Family Dwelling:"
District. ,-
On corner lots, the front line setback of twenty-
five (25) feet or more must be maintained, but
a fifteen (15) foot sideline setback will be
permitted on the street sideline, provided the
corner lot faces the same way as all other lots
in the block. If the building faces the long
dimension of the lot or where corner lots face a
different thoroughfare than other lots in the
block, the twenty-five (25) foot or greater
setback must be maintained from both'
thoroughfares.
w
Ul
1..0
W
C>
N
N
CJ1
1
ruc
0'1
C)""n
:XC)
);-
r-
:;u
rTl
(.
-00
)> :::0
C>C)
IT, <.r.
Lot coverage.
d. Building height.
No building or structure shall exceed thirty-five (35) feet in
height.
e. Residential floor area.
The minimum heated/air conditioned floor areas shall be
1,800 square feet.
2. Non-residential Area.
a. The non-residential area of the Property shall comprise the
wetland areas following final boundary determination and
platting, it is the intent of the Owner of the Property that no
development occur within the wetland areas.
9
3.
b. Following final boundary determination and platting, all
wetlands shall be delineated according to FDEP, SJRWMDlj)
and ACOE. Wetlands shall mean those areas established fTl
as jurisdictional by these agencies. ~
o
I
Open space. ~
All areas lying outside primary and accessory buildings will be ."
counted toward open space requirements, including entranceway~
stormwater management areas, yards, lot landscaped areas, and
easements.
4. Development plans.
a. For the duration of this agreement, except as otherwise
provided for herein, all development plans and standards
shall meet the regulations and policies of the City in effect at
the time of execution of this Agreement.
b. Where there may be a conflict between this Agreement and
the City development regulations, this Agreement shall
prevail.
c. Developer acknowledges its obligation to develop/construct
all improvements on said property in accordance with all
applicable City codes modified pursuant to State of Florida
Statute 163.3233 and Federal laws as they may from time to
time be amended unless specifically modified herein.
d. Parks and recreation.
No on-site park or recreation facilities will be required of this
development. The developer is required to' pay a fee-in-lieu
per Policy 1 of Objective E in the Open Space and
Recreation Element of the City's Comprehensive Plan.
The fee-in-lieu will be established by the Parks and
Recreation Director.
e. Water and Sewer.
I. The City shall provide potable water service to the
Property. The Owner or Developer will pay for the
extension of trunk lines to the buildable portion of the
10
w
U1
\.D
W
rue
CJ -"1
CJ ,.,
An
:J>
r-
~)
;-.,
,:,
--00
:I>:::u
C10
P1(n
(J
o 0
'"
'"
(J"\
(
Property and pay other customary costs necessary or
required in connection with such service.
II. The sizing of the trunk line shall be sufficient only to
provide water service to the buildable portion of the
Property and to no other surrounding properties.
III. The City shall provide central sanitary sewer
collectionand treatment service to the Property. The
Owner or Developer will pay for the extension of trunk
lines to the buildable portion of the Property and pay
other customary costs necessary or required in
connection with such service.
IV.
The sizing of the trunk line shall be sufficient only to ~
provide central sanitary sewer collection service to .3:
the buildable portion of the Property and to no other ~
surrounding properties. ~
w
Ul
"-0
.w
w c.::
0..,.,
0-"
An
::>
r -
:::0
:".,
'=-)
-00
)>:::0
c:lC)
Pl (f)
5.
Homeowners Association .
n
o C)
-'-1 N
r N
--.J
A mandatory homeowners association will be formed to provide a
responsible entity to maintain all common areas.
6. The Developer shall make a good faith effort to have the retail
value of the completed homes and lots to be in the $180,000 and
higher price range.
H. The Developer shall make a good faith effort to have the Florida Audubon
Society designate this project as environmentally responsible.
I. The Developer shall conduct a grid archeological survey of the
developable site prior to commencing construction of the subdivision
improvements.
J. To ensure continuation of the Cross Seminole/Florida National Scenic
Trail. the Developer shall coordinate with Seminole County <:luring the
subdivision platting process to explore opportunities that might exist to
extend the trail through the Property, including extension through the ten
(10) foot preserve area required in section 7, part E, paragraph 4 of this
Agreement.
11
(
(
SECTION 8. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE.
A. This Agreement shall take effect upon City Commission approval of the
Comprehensive Plan Amendment (LG-CPA-1-95) and shall remain in
effect for a period of ten (10) years from the date of execution.
B. This Development Agreement shall be binding upon all successors in
interest to the parties of the Agreement.
C. The effective date this Agreement may be extended upon request of the
Owner or Developer and City Commission approval.
SECTION 9. LAND USE ZONING AND DEVELOPMENT REGULATION
APPROV ALS.~ The development of the project must comply with the conditions of the
Agreement. In the event a development requirement, permit, condition, term or
restriction is not addressed in this Agreement, the development will comply with the
zoning ordinance, subdivision regulations, and other applicable land development
codes in effect as of the adoption of this Agreement.
(f)
Pl
:r
::z:
SECTION 10, CONSISTENCY, The City finds this Agreement and its terms ariil.
conditions consistent with the City's Comprehensive Plan. ()
<::)
SECTION 11, REMEDIES. The developer agrees that the only remedy! for the~
Owner in the event the Owner asserts the City has breached this agreement is an
action for injunctive relief in the Circuit Court of Seminole County, Florida. Owner shall
have no right to monetary damages or attorney's fees in the event the City breached
this agreement.
SECTION 12, DUE DILIGENCE. The City and Owner further covenant that they
shall immediately commence all reasonable actions necessary to fulfill their obligations
.hereunder and shall diligently pursue the same throughout the existence of this
Ag reement.
SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that
Owner may engage one or more developers or builders (hereinafter referred to as
"Developer"), other than Owner, to' effect the development of the Property, including the
sale of all or portions of the Property to such developers or builders. Upon recordation
of this Agreement in the Public Records of Seminole County, Florida, as hereafter
provided, successor builders or developers shall be bound by the terms hereof.
SECTION 14. MISCELLANEOUS.
A. Entire Agreement. This Agreement sets forth all of the covenants,
agreements and conditions between the parties hereto, and supersedes all prior and
12
w
CJ1
"-0
W
OJe
C) .,.
C) -,.
::r.c=
o
N
N
0::>
::::
r -
:;7~
:-r
'=~
-os
P-=-:J
c>c
Pltr.
contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained.
B. Pronouns. All pronouns and any variations thereof shall be deemed to
refer to the masculine, feminine and neuter, singular or plural, as the identity of the
party or parties, successors or assigns may require.
C. / Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
D. Governing Law, This Agreement shall be construed in accordance with
the laws of the State of Florida.
E. Severability. If one or more provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein.
F. Contraction. In the event the City fails to adopt an amendment to the
Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map
designating the Property as described herein or the City fails to implement any of the
conditions set forth herein, Owner shall have the right to deliver a notice to the City
requesting a deannexation and contraction of the Property which the City shall have the
absolute obligation to implement.
G. Notice. Any notice to be given in accordance with this Agreement shall
be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return (f)
fT1
receipt requested, to the party being noticed at the following addresses: 3::
::z:
o
r-
n-,
w
CJ1
to
c...J
OJc
0-'-
0-'"
::x; -
()
p
ro-
::u
;-TJ
r")
-ua
)>::::0
C"Jo
r'l(r)
AS TO CITY:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
ATIN: City Manager
()
o C>
~N
r-r-v
\.D
COPY TO:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
A TIN: City Clerk
13
/
\.
(
AS TO OWNER:
R. ~\\ ~ \-\i\l;C\N\A N I ~~.\) \U::, -1\LeS I ik-N\
Ga~echl(Qrn, rresiEfem
Battle Ridge Companies, Inc.
1000 River East Drive
Belle, West Virginia 25015
COPY TO:
Frederick W. Leonhardt, Esq.
Gray, Harris & Robinson, P.A.
201 East Pine Street
Suite 1200
Orlando, Florida 32802-3068
SECTION 15. DEVELOPMENT RIGHTS. Owner shall have the right to use and
develop the Property as described in this Agreement. Furthermore, Owner does not
waive any right to use or develop the Property arising under the common law or the
laws of the State of Florida.
This agreement is subject to provisions of Florida Statute 163.3235, and 163.3241
providing for periodic review, and modification or revocation of a development
agreement to comply with subsequently enacted state and federal law. The
Development Agreement is also subject to Florida Statute 163.3233 regarding the local
laws and policies governing a development agreement.
1.... -,.;
ADOPTED by the City of Winter Springs this')' r:'. da/o.f~May, 1'998.
IN WITNESS WHEREOF, the Owner and the City have executed this Agreement
as of the day and year approved by the City. ~
:r:
z
o
,
BATTLE RIDGE COMPANIES, INC. rn
(J
o C:>
-.,N
'W
a
W
CJ1
\.0
tv
Cl) c;
o~
0-.,
~o
1>
, -
~/ ~-e
eith Hartman
Senior Vice President
_"'tJ
. ;''1
r,
'U;"':
J>~
C)CJ
('1(1)
14
STATE OF n lJ)(-~/- V"S' (), c~
COUNTY O~L.JH'''-
, fA Feb'l-{lIor
9, Tht;:do.{,egoing instrjJ;ent was acknowledged before me this ~ day o~ .J
1997' by , x. t f,J/, J(/ltla!.l who is personally known to me or produced
as identification.
AFFIX NOTARY STAMP
Si f Notary Public
" lllrl/i---;; 6mI!J 11 JOUr-
(Print N tary Name)
My Commission Expires: ;;)-II-;J.cxB
Commission No.:
~ Personally known, or
o Produced Identification
Type of Identification Produced
/ ~ ~ -J \ ('
~ ~ ' n i .-' , I >--\ ... '-__.--.---------
~ ~ n''''''' M--' \
- ITV CLERK
CITY
w
U1
\..D
W
roc
0-"
o ""T1
="'-
()
)>
r-
~
or1
':"'.1
-'00
)>:;0
00
rt1 (I)
o
N
W
AFFIX NOTARY STAMP
STATE OF FLORIDA
COUNTY OF SEMINOLE
'1L %.....w~(j
~nstrumenJwas a~~~&~IEt.9.t!flM.~f9Le rT1e this J.L day of f)tkfy,
tJ - 1.. 46'.J30no~~~sOrlalfyKno~or produced
( as identification. - -- '}
L~rJ '/ 7
/t-/..-- - ~ - L. 1C '/L-.,
igna ure Notary PtSJ"c
/ If /~ { T ;). L IcJc.L
Print Notary Name) ,/ 1 .-')
My Commission Expires:, .~.:bt. ,;;1. {)DC?'---
Cqmmission No.: ~.C- /7 Lj /3 0
)8( Personally known, or I
'0 Produced Identification
Type of Identification Produced
~"'.6' Mary T Lynch
*liII*My Commission CC774136
">:.,...,,'/ Expires September 10, 2002
Cf.~.i! F: ~~D
COP'!
.- ': ~ .~ r::
P: \USR\DKE:LLY\OEV7. ACT
: ;::; \", (-- ,-(':.-----~
.:.\~~'n-''''__-'''" . -.-~ .~___\. .
~ .... _d' ," ~
"
'15
(
(Joo~tt\. '''l.Vp^G~
Ii /// 13/ f-
/.1 /'] 5 9 3 0 2 3 2
SEMINOLE. CO. FL
LAND QESCRIPnO.N:
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 21 SOUTH, RANGE JJ EAST, SEMINOLE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE Jl EAST
SEMINOLE COUNTY, FLORIDA; THENCE RUN SOUTH 88"40'5JN WEST, ALONG THE NORTH LINE
OF SAID SECTION 4, A DISTANCE OF 5407.95 FEET: THENCE LEAVING SAID NORTH LINE, RUN
SOUTH 00"17'58- EAST, A DISTANCE OF 898.74 FEET, TO A POINT ON THE' NORTHEASTERLY
RIGHT-OF-WAY LINE OF THE EASTERN BELTWAY: n-rENCE, ALONG THE SAID NORTHEASTERLY
RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: RUN SOUTH 2EU8'4S- EAST, A
DISTANCE OF 173.24 FEET. TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 5649.58 FEET AND A CHORD BEARING OF soun{ 28'17'3SN EAST: THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE lHROUGH A CENTRAL ANGlE OF
04 '17' 40- FOR AN ARC DISTANCE 4 2J. 45 FEET TO A POINT: THENCE, LEAVING SAID CURVE
RUN SOUTH 30'26'2sN EAST, A DISTANCE OF 95.07 FEET, TO A POINT ON A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 7737.43 FEET AND A CHORD BEARING OF SOUTH
29'53'21" EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUCH
A CENTRAL ANGLE OF 03"22'J4- FOR AN ARC DISTANCE OF 455.94 FEET, TO THE POINT OF
COMPOUND CURVA TURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 7743.44
FEET AND A CHORD BEARING OF SOUTH 2s'18'27"'EAST: D;ENCE RUN .SOUTHEASTERLY
ALONG mE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0J".H<40N FOR AN ARC
DISTANCE OF ~76.79 FEET TO A POINT: THENCE, LEAVING SAID CURVE AND SAID
NORTHEASTERLY RIGHT-OF-WAY, RUN NORTH 89"51'53" EAST, A DISTANCE OF! 606.29 FEET;
THENCE RUN SOUTH 00'17'44" EAST, A DISTANCE OF 25.00 FEET, TO A POINT. ON" THE SOUTH
LINE OF n-lE NORTH 1/2 OF SAID SECTION 4: THENCE RUN NORTH 89'5"53- EAST, ALONG
SAID SOUTH LINE, A DISTANCE OF 3070.77 FEET, TO A POINT ON 11;E WEST UNE OF THE EAST
1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF mE SOUTHEAST 1/4 OF SAID ~ECTlON
4; THENCE RUN SOUTH 00'07'42- YttST. ALONG THE SAID WEST LINE, A DISTANCE OF 648.41
FEET, TO A POINT ON THE NOR Tl-iERL Y RIGH T -OF -WA Y LINE OF STATE ROAD. 434; THENCE RUN
SOUD-{ 89"38'SON EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF J31.84
FEET. TO A POINT ON THE EAST LINE OF THE NORTI-fWEST 1/4 OF THE I~ORll-i~AST 1/4 OF. THE
SOUTHEAST 1/4 OF SAID SECTION 4; mENCE, LEAVING SAID NORTH RIGln-OF~WAY LINE, RUN
NORDi 00"02'02" WEST; ALONG SAID .EAST LINE, .A DISTANCE OF 319,03 FEET. TO A" POINT
ON THE soum UNE OF THE NORTli 1/2 OF mE NORTHEAST 1/4 OF mE NORTHEAST 1/4 OF
mE SOUlHEAST 1/4 OF SAID SEcnON 4: lliENCE RUN NORTH 89"50'13" EAST, 'ALONG SAID
SOUTH LINE, A DISTANCE OF 661.88 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST
1/4 OF THE NORTI-fEAST 1/4 OF THE SOUD;EAST 1/4 OF SAID SEcn'ON 4.: THENC( RUN NORTH
00'21'Jlw WEST, ALONG THE SAID EAST LINE. A DISTANCE OF 306_88 FEET; THENCE. LEAVING
SAID EAST LINE, RUN SOUTH 89"51'53" WEST. A DISTANCE OF 25.00 FEET: THENCE RUN NOR TH
00'2'-31- WEST, A DISTANCE OF 25.00 FEET. (0 A POINT ON 'll-iE SOUTH LINE OF THE NORTH
1/2 OF SAID SECTION 4: THENCE RUN NORTH 89'5'-53- EAST. ALONG SAID soun; LINE, A
DISTANCE OF 25.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 4; THENCE RUN NOR TH
00'29'SI" WEST. ALONG THE EAST LINE OF THE NOR;-HEAST 1/4 OF SAle SECTION <1 A
DISTANCE OF 2473.71 FEET TO niE POINT OF BEGINNING.
SAID LANDS LYING IN SEMINOLE COUNTY. FLORIDA AND CONTAINING 296')7 ACRES MORE OR
LESS
ATTACHMENT E
ATTACHMENT A
~~
.
CARROLL PROPERTY
SMALL SCALE AMENDMENT
,
ATTACHMENT B
.
CARROLL PROPERTY
REZONING
,
ATTACHMENT C
CITY OF OVIEDO
FUTURE LAND USE MAP
SR434
LDR
eM
CARROLL PROPERTY
Ii
~
II
......
-
n. _ lAC
~
...-.on.
_ Of.
a t
...
)R
p
t LDR
I
ATTACHMENT D
'T1
c:
~
f;
z
o
c::
tIl
[Tj
gl
[Tj
3:
[Tj
Z
--3
o
:0
o
~-.
);.);.
~~
~~
(00
~~
'n,
.....~
I\J-j
........ "
.....(0
~~
.....(1)
tv'
......I\J
(0"
~
'-
--
co
.:,
N
Sanlord
Legend
g
[(2J
Urban/Rural
AREA BOUNDARY
New lJfban Area created by
Gt..neway/SA 434 Small-Area Study
~.-
,~
f
u_.::.... \
c.....,........
.~:-:.. FJ
EAST SEMINOLE COUNTY
RURAL
AREA
PLAN
.
Figure 2.9
EAST SEMINOLE COUNTY
URBAN/RURAL
BOUNDARY
GLATTNG LOPEZ KERCHER ANGlN, NC
SEMON, LARSEN & Mev
AuguSI 1 ~91
AMENDED 12/13/94
PROPOSED FOR ADOPTION 12/12195
_00
CDlMJ
~~
()~
O~
~CO
~~
~M
tT1
~O
<0
tT1~
;,g~
~~
Z~