HomeMy WebLinkAbout2007 05 14 Regular 604 Sonesta Pointe Concept Plan
COMMISSION AGENDA
ITEM 604
Consent
Information
Public Hearin
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May 14. 2007
Meeting
MGR. /V /Dept.
REQUEST: The Community Development Department requests the City Commission review
and provide comments for the revised Sonesta Pointe subdivision concept plan.
PURPOSE: This agenda item is needed to acquire Commission approval of Tousa Homes'
revisions to its Sonesta Pointe subdivision plan approved December 11, 2006 for 408
townhome units, to provide now for a total of 289 residential units, made up of 114
detached single family units, 72 duplex units and 103 townhome units.
APPLICABLE REGULATIONS:
Chapter 166, F.S.
Comprehensive Plan
Chapter 9, City Code
Chapter 20, Sections 320 - 327, City Code
CHRONOLOGY:
July 2, 2004 - Preliminary Engineering/Subdivision Plan received
August 9, 2004 - Concept Plan approved by City Commission
September 27,2004 - Revised Concept Plan approved by City Commission
August 28, 2006 - Aesthetic Review approved by City Commission
September 25,2006 - Early Work Permit sent back to staff for further review
November 13,2006 - Early Work Permit approved by the City Commission
December 11, 2006 - Final engineering/subdivision plan and development agreement
approved
CONSIDERATIONS:
>- The project consists of 289 rear loaded (garage entrances in the rear, with access from an alley)
residential units, a recreation facility with a pool, park features, and two stormwater ponds that
double as park amenity features.
200705 14_COMM_Regular_604 _Sonesta Pointe Concept Revision (v2)
May 14, 2007
Regular Agenda Item 604
Page 2
);> The 289 units are divided into four housing types: 103 townhome units, 72 duplex units, 70
detached single family residential units on 40-foot wide lots, and 44 detached single family
residential on 50-foot wide lots.
);> Access to and from the development is provided along Tuskawilla Road through three (3)
entrance roadways. Access will also be available from Michael Blake Boulevard (formerly
Spine Road or Alderbrook Road) when it is constructed from S.R. 434 to the trail crossing as a
part of the Town Center Phase II project. Michael Blake Blvd is being constructed with Phase I
of Sonesta Pointe from Tuskawilla Road southward to the trail crossing.
);> The previously approved plan depicted 1,114 parking spaces (for 408 units), consisting of816
garage spaces (every townhome unit had a two-car garage) and 298 on-street spaces, for an
overall parking ratio of 2.73 spaces per unit. An additional 18 parallel parking spaces were
being constructed on Tuskawilla Road. However, consistent with policy on other projects,
these spaces were considered to be offsite and are not counted toward the onsite parking
supply.
);> The proposed concept plan has 838 parking spaces for 289 total residential units, consisting of
578 garage spaces (each unit has a 2-car garage) and 260 on-street spaces. The concept plan
depicts 276 on-street spaces, but the actual number of spaces will be reduced to provide the
prescribed landscape island every 10 spaces. The overall parking ratio on the new plan is 2.90
per unit (578 + 260 = 838; 838/289 = 2.90).
);> The proposed overall parking ratio of2.90 spaces/unit is satisfactory, based on City-adopted
standards; however, the on-street parking spaces do not adequately serve the single family
units. In most cases, the on-street parking spaces are too far from the single family units,
which are the units most likely to have a parking demand in excess of their two-car garage
capacity. Specifically, the on-street parking spaces along the northern and eastern property
boundary are not within adequate sight or walking distance to the single family units fronting
the retention ponds. In order to address this problem, the following alternatives should be
considered:
1. Add driveways that can be used for parking at the single family units
2. Provide 3-car garages
3. Provide on-street parking spaces immediately adjacent to the single family units
4. Provide better pedestrian access from on-street parking spaces to the single family units
);> The total traffic demand from the proposed concept plan will be slightly lower than the
previously approved plan. The previously approved plan had 408 townhome units, which
generate 2,391 average daily trips per the ITE Trip Generation, ih Edition. The proposed
concept plan, consisting of 289 residential units with a mixture of residential categories, is
estimated to generate 2,117 average daily trips. Although single family units generate more
traffic on average than a townhome unit, the overall decrease in the number of units in the
200705 14_COMM_Regular_604 _Sonesta Pointe Concept Revision (v2)
May 14,2007
Regular Agenda Item 604
Page 2
proposed concept plan more than offsets the increase in traffic demand from the single family
units.
Trip Generation Comparison of Old Plan to Proposed Plan
Old Plan: Trio Generation Rate A vera!!e Dailv Trios
408 townhomes 5.86 trips/unit 2,391
Prooosed Plan:
103 townhomes 5.86 trips/unit 604
72 duplex units 5.86 trips/unit 422
114 single family 9.57 trips/unit 1,091
Total 2,117
~ A key issue appears to be the proposed location of many of the comer units away from the
comer and street frontages. The units need to meet the prescribed build-to lines, except where
a long linear building fronts on a curvilinear right-of-way (ROW). The additional area created
by moving the buildings up to the frontages should be used to provide detached (although they
could be attached by a breezeway) garages and courtyards. It appears that at least 15 accessory
dwelling units (ADDs) could likely be provided (would need one on-street parking space
nearby) through this shift. These ADDs could be for family members or could function as
"workforce housing."
~ The distances between buildings and how it is used is another important issue. A strategically
located walkway andlor muse could be added from the eastern-most roadway to each of the
ponds, with an actual vehicle connection from this roadway to the alley by the southern pond.
In other locations, enclosed courtyards could add an attractive individualized touch (some
containing a fountain, a statue, an arbor, a trellis, or perhaps a small pool).
~ To the extent practical, the rear of the units should be individual and attractive, as has been
effectively done at Seaside, Rosemary Beach, Water Color, and other neo-traditional
developments.
~ The four alley connections onto Michael Blake Boulevard (identified as Alderbrook Road on
the concept plan) should be eliminated to create more usable space, create more parallel
parking spaces, and enhance safe and efficient traffic on the boulevard.
~ Back-in angle parking should be considered in front ofthe clubhouse.
2007 05 14_ COMM _Regular _604 _ Sonesta Pointe Concept Revision (v2)
May 14, 2007
Regular Agenda Item 604
Page 2
>- The roadway alignment in the southeast comer of the site should be revised to eliminate the
turn in excess of 90-degrees. In addition, the roadway and the unit layout at the southeast
comer could be reconfigured to eliminate the S-curve shown on the concept plan.
FINDINGS:
1. The project was approved for aesthetic review on August 28, 2006; final engineering and a
development agreement were approved on December 11, 2006.
2. A traffic study was submitted and reviewed by Staff for the 2006 approvals. No new traffic
study is anticipated, since the applicant is proposing less density and fewer trips.
3. The 2.90 parking spaces per unit provides an adequate overall parking ratio, but more
alternatives for the single family units need to be adequately addressed.
4. If the Commission approves the proposed concept plan, the applicant must resubmit
engineering/subdivision plans, an aesthetic review package, and amend the development
agreement.
RECOMMENDATION:
Staff recommends that the City Commission approve the revised Sonesta Pointe, subject to
resolving the issues staffhas identified in the "Considerations" section (e.g. parking for the
single family units, the prescribed build-to line and location of the buildings to the roadways,
distances between buildings and how it is used, provision of accessory dwelling units,
individualized and attractive rear of units, elimination of the four alley connections with
Michael Blake Boulevard, consideration of back-in angle parking in front of the clubhouse,
and reworking the very sharp curve by the southeast comer of the site).
ATTACHMENTS:
A. Existing Sonesta Pointe Final Engineering Plans
B. Existing Sonesta Pointe Developer's Agreement
C. Proposed Sonesta Pointe Concept Plan
CITY COMMISSION ACTION:
2007 05 14_ COMM _Regular _604 _ Sonesta Pointe Concept Revision (v2)
ATTACHMENT A
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Site Plan
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- ALL ROADS TO BE PUBLIC
-PASSES TO BE PRIVATE.
2 Spaces Per Unit (Garage Parking) = 816 Spaces
Additional Parking Spaces = 314 Spaces
1130 Total Spaces
Parking Density - 2.76 Spaces per Unit
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SONESTA POINTE
RESIDENTIAL UNITS
UNIT TYPE
UNITS
46
4 88
5 100
6 174
408
Duplex
Town Homes
TOTAL
Carnahan · Proctor · Cross
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Rev. 1 - 07/17/06 ccnln aSSOCiatEs
Rev. 2 - 08/02/06 Planning . Design. Development Services
Rev. 3 - 08/14/06 500 Delaney Avenue, Orlando. Florida 32601 (407)422-4040
I DAlE I SCAlE I JOB NUMBER I SIfT. NO I
30 JUN 06 NTS 206080 3 .
WWW.CANIN.COM COPYRIGHT (C) 2006 CANIN ASSOCIATES. INC
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ATTACHMENT B
SONEST A POINTE SITE DEVELOPMENT PERMIT AGREEMENT
This SONEST A POINTE SITE DEVELOPMENT PERMIT AGREEMENT (the
"Permit") is issued by the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the
"City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and agreed to by
TOUSA HOMES, INC., a Florida corporation ("Tousa"), whose address is 111 N Orange
Avenue, Suite1040, Orlando, Florida 32801, on this _ day of November, 2006.
WITNESSETH:
WHEREAS, Tousa has submitted final engineering plans and other site development data
and information to develop the Property depicted on the attached site plan, which plans and data
are currently being reviewed by the City for final approval; and
WHEREAS, pending final engineering approval, Tousa has requested that the City permit
preliminary site development work consistent with the submitted final engineering plans; and
WHEREAS, although the final engineering plans have not been finalized and approved by
the City, said plans and the site development data and information submitted to-date are
sufficient enough for the City to issue a site development permit in order to allow Tousa to
perform a limited scope of preliminary site development work in advance of final engineering
approval under the terms and conditions stated herein; and
WHEREAS, substantial land clearing and restoration of the Property is specifically
contemplated and required by the City's Town Center policies and code in order to permit dense
development and a neo-traditional scheme of new tree-canopied streets and planned green
spaces; and
WHEREAS, in furtherance of this request, the City desires to permit a limited scope of
site development work under the terms and conditions stated herein and agreed to by Tousa;
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NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to the terms and conditions set forth under this Permit as
follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby full incorporated
herein by this reference.
2.0 Scope of Work. The scope of this Permit is limited to the following preliminary site
development work on the Property:
2.1 Demolition. The demolition and removal of any existing fences,
debris, etc. necessary to accomplish the work hereinafter detailed.
2.2 Removal of Vegetation. The removal of any existing trees, stumps and other
vegetation which will not be preserved on the Property.
2.3 Removal of Unsuitable Soils. The removal of any unsuitable soils.
2.4 Dewatering. The dewatering of any existing surface and/or
ground water necessary for site development as described herein.
2.5 Grading/filling.
furtherance of the planned development.
The grading and filling of the Property m
All preliminary site development work shall be performed and completed within one
hundred and twenty (120) calendar days after the Effective Date of this Permit (as hereinafter
described) and in accordance with all applicable local, state, and federal laws, regulations, and
permits. The completion date may be reasonably extended by the City Commission upon good
cause shown. Any site development work not specifically authorized hereunder is hereby strictly
prohibited. Tousa shall be required to obtain other City permits required to implement the work
authorized by this Agreement, including, but not limited to, demolition and arbor permits, and
said 120-day period shall be extended for such period of time as such implementation may be
delayed in order to obtain such other City permits. During the term of this Permit, the City and
its agents shall have the unconditional right of entry onto the Property to conduct inspections to
determine compliance with the terms and conditions of this Permit.
3.0 Conditions Precedent to Commencement of Work. Prior to commencing the work
set forth in section 2.0, the following documents shall be submitted by Tousa to the City in a
form acceptable to the City:
3.1 Sketch Plan. A sketch plan depicting the preliminary site development work
authorized under section 2.0 and a stabilized construction entrance.
3.2 Construction Vehicle Routing Plan. A construction vehicle routing plan which is
designed to provide for a safe and convenient route for construction vehicles and equipment to
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go to and from the Property. Said plan is subject to reasonable modification by the City Manager
in order to safeguard persons and property.
3.3 Arbor Permit I Tree Bank Contribution. In addition to the standard Arbor
Permit Fee, Tousa shall make a contribution to the City's tree bank in the amount of $39,000
($500 each x 78 specimen trees) to partially offset the loss of tree canopy value to the City
caused by the removal of existing trees located on the Property. Said contribution shall be used
to purchase and install trees and landscape material within the Town Center.
3.4 Other Government Agency Permits. A copy of any and all required permits
issued by any other government agency.
3.5 Engineer Certifications. A written certification from the appropriate project
engineer and/or consultant documenting that the work authorized under section 2.0 is in
compliance with applicable environmental laws, including, but not limited to, laws applicable to
endangered or threatened species, artesian water wells, hazardous materials, and historical
artifacts.
3.6 Listed Species Survey. A listed species survey prepared by a qualified
environmental consultant, along with any necessary mitigation plans, shall be submitted and
approved by the City prior to any construction activity under this permit.
Tousa shall have the duty to keep updated and current plans, permits, and certifications on
file with the City during the term of this Permit. This Permit shall not become effective until
such time as the City receives and approves the documents required by this section.
4.0 Permit Fee. Upon issuance of this Permit, Tousa shall pay the City's standard
construction inspection fee equal to one percent (1 %) of the estimated construction value of the
work authorized by section 2.0.
5.0 Default; Restoration of Prooertv. The City reserves the right to revoke or suspend
this Permit if the City determines that Tousa is not in compliance with the terms and conditions
of this Permit. Prior to revoking or suspending the Permit, the City will provide Tousa with
written notice identifying any default of the Permit terms and conditions. Upon receipt of the
notice of default, Tousa shall have five (5) business days to cure the default to the City's
reasonable satisfaction unless additional time is granted by the City Manager. If Tousa fails so
to cure the default, the City shall have the right to revoke or suspend this Permit. If the City
suspends or revokes the Permit, Tousa shall immediately work to secure the Property to a safe
condition to the City's reasonable satisfaction so that the Property does not become a public
nuisance or a health and safety hazard. At the City's discretion, such work may include, but not
be limited to, removal of debris and vegetation, grading of the Property, mulching, seeding,
erecting sand barriers, fencing, and other activities to stabilize the Property from erosion. If
Tousa fails to properly restore the Property within a reasonable period of time, the City shall
have the right to make claim to and use the Security (as hereinafter described) to complete such
work. In the event the amount of the Security is not sufficient to cover the City's expense for
such work, Tousa agrees, upon written notice by the City, to reimburse the City for any incurred
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expenses not covered by the Security. If Tousa fails to fully reimburse the City, the City shall
have the right to record, with the Seminole County Clerk of the Court, an assessment lien on the
Property for any such un-reimbursed expenses.
6.0 Security. Upon issuance of this Permit, Tousa shall post a performance bond,
irrevocable letter of credit letter of credit, or escrow deposit with the City in the amount of Fifty
Thousand and Noll 00 Dollars ($50,000) as security that the work authorized and required by this
Permit is performed and completed in full compliance with any and all terms and conditions of
this Permit ("Security"). If the Security is a bond or irrevocable letter or credit, it shall be issued
by a company or bank, and in a form, acceptable to the City Manager and the City Attorney.
7.0 Indemnity, Release, Hold Harmless. Tousa hereby agrees to indemnify, release,
and hold harmless the City and its commissioners, employees, and attorneys from and against all
claims, losses, damages, personal injuries (including but not limited to death), or liability
(including reasonable attorneys fees and costs through all appellate proceedings), directly or
indirectly arising from, out of, or caused by: (1) the risk identified in section 8.0 of this Permit;
and (2) any work performed under this Permit, including, but not limited to any and all acts and
omissions of Tousa and its contractors.
8.0 Representations and Warranties. Tousa represents and warrants that the work
authorized by this Permit is being performed with the knowledge and understanding that said
work is being done prior to final engineering approval by the City and that final engineering
approval may be denied by the City or result in additional site development not contemplated by
this Permit. Tousa agrees that they are assuming the full and complete risk that final engineering
may de denied by the City or additional site development work may be required and may include
modification of the work performed under this Permit.
9.0 No City Reuresentation and Warranties. Tousa acknowledges and agrees that,
although this Permit indicates that the City is considering final engineering approval for the
Property, the City in no way represents or warrants that the City has approved or will approve
said plans.
10.0 Prior Consent Required for Transfer of Permit. This Permit is not transferable or
assignable without the prior consent of the City Commission.
11.0 Auulicable Law. This Permit shall be governed by and constructed in accordance
with the laws of the State of Florida.
12.0 Amendments. This Permit shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
13.0 Entire Permit At!:reement. This Permit supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Tousa as to the specific work
authorized under section 2.0 of this Permit.
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14.0 Severability. If any provlSlon of this Permit shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the City has the unconditional
right to declare this Permit null and void and require that the work authorized by section 2 be
immediately stopped.
15.0 Effective Date. This Permit shall become effective upon approval by the City
Commission, execution of this Permit by all parties hereto, and the completion of the conditions
precedent set forth in section 3.0 of this Permit ("Effective Date").
16.0 Relationship of the Parties. The relationship of the parties to this Permit is
contractual and Tousa is not an agent of the City. Nothing herein shall be deemed to create a
joint venture or principal-agent relationship between the parties, and neither party is authorized
to, nor shall either party act toward third persons or the public in any manner, which would
indicate any such relationship with the other.
17.0 Sovereie:n Immunitv. Notwithstanding any other provlSlon set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on the City's
potential liability under state or federal law. As such, the City shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than
one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which,
when totaled with all other claims or judgments paid by the State or its agencies and subdivisions
arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars
($200,000.00). This paragraph shall survive termination of this Agreement.
18.0 City's Police Power. Tousa agrees and acknowledges that the City hereby reserves
all police powers granted to the City by law, particularly with respect to whether or not the City
Commission will approve the final engineering plans for the Property. In no way shall this
Permit be construed as the City bargaining away or surrendering it police powers.
19.0 Third-Party Rie:hts. This Permit is not a third-party beneficiary contract and shall
not in any way whatsoever create any rights on behalf of any third party.
20.0 Attornev's Fees. Should the City take any action to enforce this Permit, Tousa
agrees that the City shall have the right to collect reasonable prevailing party attorney's fees and
costs, through all appellate proceedings, in connection with said enforcement.
21.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Permit. The failure of this Permit to address any particular City, County, State and/or Federal
permit, condition, term or restriction shall not relieve Tousa of the necessity of complying with
the law governing said permitting requirement, condition, term or restriction. Without imposing
any limitation on the City's police powers, the City reserves the right to withhold, suspend, or
terminate any and all other permits for the Property in the event that Tousa shall be in default
hereunder beyond any notice and cure period, if any.
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[SIGNATURE BLOCKS BEGIN ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL
Date:
By:
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, John F. Bush and Andrea
Lorenzo Luaces, well know to me be the Mayor and City Clerk respectively, of the City of Winter
Springs, Florida, and acknowledged before me that they executed the foregoing instrument of
behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to
do so.
Witness my hand and official seal this _day of
,2006.
(NOTARY SEAL)
Notary Public
My commission expires:
-7-
Signed, sealed and delivered in the
presence of the following witnesses:
TOUSA HOMES, INC., a Florida
corporation
Signature of Witness
By:
Richard A. Jerman, Vice President
Date:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2006, by Richard A. Jerman., as Vice President of TOUSA HOMES, INC.., a
Florida corporation. He is personally know to me or has produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
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ATTACHMENT B
SONESTA POINTE SITE PLAN
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