HomeMy WebLinkAbout2002 04 22 Regular M Preliminary Subdivision/Engineering Plans for Wagner's Curve
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COMMISSION AGENDA
ITEM M
Consent
Information
Public Hearilne
Reeular X
April 22. 2002
Meeting
MGR.r
/De~_
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REQUEST: The Community Development Department requests the City Commission
approve the preliminary subdivision/engineering plans for Wagner's Curve.
PURPOSE: The purpose of this agenda item is to present to the Commission, the
recommendation of the staff and the Planning and Zoning Board regarding the
proposed preliminary subdivision/engineering plans for Wagner's Curve,
featuring 158 townhouse units and a 1.6-acre commercial site on a total of 16.11
acres. A separate site plan, both preliminary and final, must be submitted and
receive all necessary approval for the commercial site before construction may
commence.
APPLICABLE CITY CODES:
Chapter 5. Arbor Ordinance.
Section 9-26. Maps, engineering plans and plats to be submitted in
preliminary and final form.
Section 9-46. Filing and contents of preliminary map and plans.
Section 9-102. Entire tract to be used; land-locked areas prohibited.
Section 9-103. Public sites and open spaces, exception.
Section 9-147. Minimum right-of-way and paving width.
Section 9-157. Private Streets.
Section 20-234. Conditional Uses [for the C-l zoning district].
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April 22, 2002
Regular Item M
Page 2
Section 20-463. Applicability to new development over'lay district
Section 20-465. Setbacks.
Section 20-468. Landscaping.
Development Agreement (please see attached)
CHRONOLOGY:
July 9,2001 City Commission approved Conditional Use to allow multi-family
dwellings in the C-I zoning district
January 9,2002 Conditional Use expired
February 11,2002 City Commission approved Development Agreement
March 5, 2002 Applicant submitted preliminary subdivision application
package
March 8, 2002 City Attorney writes letter opining that conditional use for
multi-family development does not need to be re-instated,
due to approval of the binding Development Agreement
April 3, 2002 Planning and Zoning Board recommends approval of
preliminary subdivision plan
FINDINGS:
1. Although the site is within the C-l zoning district and the SR 434 New Development
Overlay District, the Development Agreement (approved February 11, 2002) provides for
certain variations from the regulations associated with these zoning districts. These
variations include, but are not necessarily limited to, the following:
a. internal road right-of-way (ROW) width is proposed for as narrow as 24 feet - the
Code (Sec. 9 - 147) requires at least a 50-foot wide ROW;
b. the internal roadway includes pavers, which are inconsistent with the City Code, but
are consistent with the Town Center theme and have been used elsewhere throughout
the City;
c. building setbacks and landscaping are inconsistent with the SR 434 New
Development Overlay District, but have been meticulously negotiated with the City's
Town Center consultant, Victor Dover, to promote the desired Town Center theme;
and
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April 22, 2002
Regular Item M
Page 3
d. tree replacement is inconsistent with the Chapter 5 arbor requirements (please see
attached memo from Code Enforcement Manager Jimette Cook).
PLANNING AND ZONING BOARD ACTION:
At its regularly scheduled meeting of April 3, 2002, the Planning and Zoning Board voted
to recommend approval of the Wagner's Curve preliminary subdivision plan.
RECOMMENDATION:
The Planning and Zoning Board and Staff recommend approval of the Wagner's
Curve preliminary subdivision plan.
ATTACHMENTS:
A. Development Agreement
B. City Attorney's letter of March 8, 2002
C. Code Enforcement Manager's April 1, 2002, memo
D. Final Subdivision Plan (please see attached)
COMMISSION ACTION:
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ATTACHMENT A
Development Agreement
Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
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Parcel 1.0. Nos. 26-20-30-5AR-OOOO-18C
26-20-30-5AR-OOOO-0200
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
ADevelopment Agreement@), made and executed this
day of
,2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein
referred to as the ACity@), whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708, and SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership
(herein referred to as ASprings@), whose address is c/o Sunbelt Investors Group, 175
Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP SHORES LIMITED
PARTNERSHIP, a Florida limited partnership (herein referred to as A,Jessup@), whose
address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida,
32751, and CENTEX HOMES, a Nevada general partnership (herein referred to as
. ACentex@), whose address is 385 Douglas Avenue, Suite 2000, Altamonte Springs,
Florida, 32714.
WITNESSETH:
WHEREAS, Springs and Jessup jointly own certain real property in the City of
Winter Springs, Florida, described in Exhibit AA@ attached hereto and incorporated herein
by reference (herein referred to as the ASubject Property@); and
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WHEREAS, the Subject Property is currently within an area designated as AC-1
Neighborhood Commercial District@ according to the zoning classification records of the
City; and
WHEREAS, Centex has entered into a contract to purchase a portion of the Subject
Property from Springs and Jessup for development as an attached multifamily townhome
residential community, described in Exhibit AG@ attached hereto and incorporated herein
by reference (herein referred to as the AResidential Property@), subject to obtaining an
appropriate conditional use approval, variance or rezoning of the Residential Property from
the City; and
WHEREAS, the townhome units will be offered for sale to the public; and
WHEREAS, Springs and Jessup desire to retain the right to devE~lop the portion of
the Subject Property not sold to Centex described in Exhibit AH@ attached hereto and
incorporated herein by reference (herein referred to as the ACommercial Property@) for
commercial purposes; and
WHEREAS, development of the Residential Property and Comm9rcial Property will
require construction of a common entrance road for vehicular access to State Road 434
. to be shared by the residents of the Residential Property and the occupants of the
Commercial Property, and by the guests and invitees of such owners and occupants
described in Exhibit AI@ attached hereto and incorporated herein by reference (herein
referred to as the APrivate Entry Street@), and a landscaped and improved area adjacent
to the Private Entry Street described in Exhibit AJ@ attached hereto and incorporated
herein by reference (herein referred to as the AEntry Feature Property@); and
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WHEREAS, Springs and Jessup and Centex are willing to develop the Subject
Property under its current AC-1" zoning classification in exchange for the covenants of the
City herein set forth; and
WHEREAS, the City Commission has recommended entering into a Binding
Development Agreement with Springs and Jessup and Centex for development of the
Subject Property; and
WHEREAS, in addition to Springs=, Jessup=s and Centex=s compliance with all
City Codes, permitting, and construction not in conflict herein, the City, Springs, Jessup,
and Centrex desire to set forth the following special terms and conditions; and
WHEREAS, the City Commission of the City of Winter Sprin!Js finds that this
Agreement is consistent with the City=s Comprehensive Plan and land development
regulations and is a legislative act of the City Commission of the City of Winter Springs;
and
WHEREAS, the City Commission further finds that this Agreement promotes the
public health, safety, and welfare and is consistent with, and an exercise of, the City=s
powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of
the Florida Constitution and Chapter 166.021, Florida Statutes, and the City=s police
powers.
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
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2. Authority. This Development Agreement is entered into pursuant to the
Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of Winter
Springs.
3. Representations of Centex, Springs and Jessup. Centex, Springs and
Jessup hereby represent and warrant to City that Centex, Springs and Jessup have the
power and authority to bind the Subject Property and execute, deliver and perform the
terms and provisions of this Development Agreement, have an equitable or legal interest
in the title to the Subject Property, and have taken all necessary action to authorize the
execution, delivery and performance of this Development Agreement.
4. Town Center Zoning. Provided that the terms and conditions of this
Development Agreement are satisfied by Springs, Jessup and Centex, or their respective
successors in title, the City shall not rezone the Subject Property, or any part thereof, into
the Town Center Zoning District (herein referred to as A Town Center@), as long as this
Development Agreement shall remain in effect, unless the parties agree to initiate the
rezoning to Town Center. To the extent that the City Commission determines, at its
reasonable discretion, there is a specific and direct conflict between the terms and
conditions of this Development Agreement and the provisions of the Code of Ordinances
of the City of Winter Springs, the parties agree that the provisions of this Development
Agreement shall control as if approved by the City Commission as a legislative act.
Moreover, the City acknowledges that the underlying land use designation for the Subject
Property is AMixed Use@, and the City agrees not to initiate, sponsor or support any
attempt to change the underlying land use designation as long as this Development
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Agreement shall remain in effect, unless the parties agree to initiate the change of land use
designation.
5. Residential Property Conditions. The parties covenant and agree that the
Residential Property shall be developed in accordance with the plans and specifications
identified as Wagner=s Curve Mixed Use Development, dated 10/01, (herein referred to
as the A Townhome Plans@) attached hereto as Exhibit AB@ and incorporated herein by
reference, and the Residential Development Standards (herein referred to as
the@Townhome Standards@) attached hereto as Exhibit AC@ and incorporated herein
by reference. As used in this Development Agreement, and in the Townhome Plans and
Townhome Standards, the terms > Townhome Unit= or >Unit= mean an individual
townhouse dwelling intended for occupancy by a single family and attached by a party wall
to another Townhome Unit, and the terms> Townhome Building= or >Building= mean a
structure consisting of two or more Townhome Units attached by party walls under a
common roof. The developer of the Residential Property shall have the right to amend the
Townhome Plans and/or Townhome Standards provided that any such amendment shall
be first approved by the City. Minor changes that do not materially modify the location or
footprint of any building may be deemed non-material by the City, and may be approved
by City Manager. All material modifications of the Townhome Plans and/or Townhome
Standards shall be subject to review and approval of the City Commission, and, at the
option of the City, may be memorialized by an amendment to this Development
Agreement.
6. Phased Townhome Construction. City and Centex agree that the
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Townhome Buildings shall be constructed in the numerical sequence set forth in the
Townhome Plans attached hereto as Exhibit AB.@
7. Commercial Property Conditions. The parties covenant and agree that the
Commercial Property shall be developed in accordance with Commercial Development
Standards (herein referred to as the ACommercial Standards@) attached hereto as
Exhibit AD@ and incorporated herein by reference. The developer of the Commercial
Property shall have the right to amend the Commercial Standards provided that any such
amendment shall be first approved by the City. Minor changes that do not materially modify
the location or footprint of any building may be deemed non-material by the City, and may
be approved by the City Manager. All material modifications of the Commercial Standards
shall be subject to review and approval of the City Commission, and, at the option of the
City, shall be memorialized by an amendment to this Development Agreement.
8. Private Entry Street. The parties covenant and agree that the Private Entry
Street shall be developed in accordance with the plans and specifications approved by the
City. Centex, Springs and Jessup agree that the Private Entry Street Plans shall be
submitted to the City for approval within ninety (90) days of the effective date of this
Development Agreement. The Private Entry Street shall be designed as a traditional town
center street, shall include town center architectural features which are acceptable to the
City, and shall be designed substantially similar to that depicted on Exhibit AE.@ The
Private Entry Street shall be platted along with either the Residential Property or the
Commercial Property, whichever shall be platted first. Construction of the improvements
depicted on the Private Entry Street Plans shall have been completed prior to the issuance
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of a Certificate of Occupancy for the model Townhome Units or for the first commercial
building constructed on the Commercial Property, whichever occurs first. Centex, Springs
and Jessup, or their successors in interest, jointly, shall have the right to amend the Private
Entry Street Plans provided that any such amendment shall be first approved by the City.
Minor changes that do not materially modify the location or footprint of any improvement
may be deemed non-material by the City, and may be approved by the City Manager. All
material modifications of the Private Entry Street Plans shall be subject to review and
approval of the City Commission, and, at the option of the City, shall be memorialized by
an amendment to this Development Agreement. The City acknowledges that the Private
Entry Street may have sections paved with stabilized brick pavers rather than concrete or
asphalt paving.
9. Entry Feature Property. The parties covenant and agree that the Entry
Feature Property shall be developed in accordance with the plans and specifications
approved by the City. Centex, Springs and Jessup agree that the Private Entry Plans shall
be submitted to the City for approval within ninety (90) days of the effective date of this
Development Agreement. The Private Entry Feature shall be designed with enhanced
plantings and as a traditional town center architectural feature which shall create a long
lasting statement to the public. The Private Entry Feature Property shall be designed
substantially similar to that depicted on Exhibit AF.@ Construction of the improvements
depicted on the Entry Feature Plans shall have been completed prior to the issuance of a
Certificate of Occupancy for the model Townhome Units or for the first commercial building
constructed on the Commercial Property, whichever occurs first. Centex, Springs and
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Jessup, or their successors in interest, jointly, shall have the right to amend the Entry
Feature Plans provided that any such amendment shall be first approved by the City. Minor
changes that do not materially modify the location or footprint of any improvement may be
deemed non-material by the City, and may be approved by the City Manager. All material
modifications of the Entry Feature Plans shall be subject to review and approval of the City
Commission, and, at the option of the City, may be memorialized by an amendment to this
Development Agreement.
The Entry Feature Property to the City shall be subject to the right reserved to the
Residential Property to erect and maintain a sign near the intersection of the Private Entry
Street and S. R. 434, visible from S.R. 434, bearing the name of the Townhome project.
Any such sign shall comply with Article VI, Section 20-470, S. R. 434 Corridor Vision Plan
Regulations of the Winter Springs Land Development Code, and may be a permanent
structure including monumentation, landscaping, irrigation and lighting, provided that said
sign shall be designed in such a manner as to be consistent with Town Center design
standards set forth in the Town Center District Code. Any such sign and associated
improvements shall be maintained at the sole expense of the property owners association
of the Residential Property.
10. Traffic Signal. The parties acknowledge that a traffic signal is being
designed and permitted at the intersection of the Private Entry Street and S.R. 434 by
Seminole County with the input and assistance of the City, and the Seminole County
School Board. The traffic lights shall be installed at no expense to Centex or Springs and
Jessup.
11. Compliance with City Tree Ordinance. Development of the Subject
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Property shall be subject to compliance with the City=s Arbor Ordinance as set forth in the
City Code, as amended, and subject to the Tree Replacement Guidelines set forth in this
section.
11.1 Tree Replacement Guidelines.
a. The following words shall have the meaning ascribed below unless the
context clearly indicates otherwise:
(1) Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the City Arbor
Ordinance.
(2) Preferred Plant List. Preferred Plant List shall mean that list of plant
materials and corresponding Tree Replacement Credits shown in
Exhibit AK@ of this agreement. In addition, the DO Blanchard
Magnolia, Magnolia Grandiflua, at the 65 gallon size will be
considered a preferred plant at a replacement credit ratio of 5:1.
(3) Tree Replacement Assessment. Tree Replacement Assessment shall
mean the total amount of monetary compensation owed to the City of
Winter Springs as provided in the Arbor Ordinance for the
replacement of trees cut, destroyed, or removed from a property in
the City as a result of development or redevelopment.
(4) Tree Replacement Credit. Tree Replacement Credit shall be equal
to one-hundred ($100.00) dollars and no cents in tree replacement
value.
b. In consideration of trees which shall be cut, removed or destroyed from the
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Residential Property and Commercial Property by Springs, Jessup, and
Centex or their agents, Springs, Jessup, and Centex, jointly, shall replace
trees or monetarily compensate the City as provided in the Arbor Ordinance
according to the Tree Replacement Assessment established by the City.
c. Springs, Jessup, and Centex may deduct from their Tree Replacement
Assessment, Tree Replacement Credits based on the number of
replacement credits as provided in the Preferred Plant Material List provided
that:
(1) All plant materials are Florida Grades and Standard One (1) or better;
(2) All plant materials are properly installed; and
(3) The landscape plan for the proposed development to which the credits
are to be applied is prepared by a landscape architect licensed by the
State of Florida.
d. In addition, the following requirements shall apply:
(1) For every tree removed (greater than 14 inch caliper), one
replacement tree shall be planted. The replacement tree shall be a
minimum of 22 inch caliper container grown (30 gallons).
(2) With respect to the dense pine trees which were apparently planted
for silviculture purposes in the middle of the Residential Property,
these pine trees shall be removed and replaced in accordance with
the natural growth patterns located elsewhere on the Residential
Property. In other words, the number of replacement trees shall be
determined using the average density (i.e., number) of trees per acre
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located on the Residential Property, excluding the area where the
dense pine trees are located in the middle of the Residential Property.
(3) The size and species of the existing trees that are removed shall not
be considered in determining the required replacement trees unless
a particular existing tree is exempt from this requirement pursuant to
the City=s Arbor Ordinance (e.g., specimen tree).
12. Fencing. Fencing along S.R. 434 and the western boundary of the
Residential Property shall be see-through decorative aluminum material with brick columns
and certified to meet all code requirements. The distance between brick columns shall be
reasonably acceptable to the City. Said fencing along the western boundary shall extend
at least to the south end of Townhome Building #13 from S.R. 434 or until it .is no longer
visible from SR. 434, from the east and west motor vehicle approaches, but in no case
beyond the south end of Townhome Building #14. The fencing and the landscaping
related to the fencing, along with the streetscaping along SR. 434, shall be constructed
in conjunction with the Private Entry Street and Entry Feature. The City reserves the right
to withhold the issuance of any Certificate of Occupancy upon the City=s determination
that the aforesaid is not being timely constructed as required hereunder.
13. Other Applicable Conditions. The elements of the improvements depicted
in the Townhome Plans and the Commercial Standards will govern exterior appearance
and placement, including without limitation, architectural elements, common area
improvements, parking areas, private streets, Private Entry Street, Private Entry Feature,
and setback lines. The parties acknowledge that in addition to complying with the
approved Townhome Plans and/or Commercial Standards, as the case may be, regarding
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exterior appearance and placement, all structures and improvements constructed or
installed on the Subject Property shall be subject to compliance with applicable building
codes, and nothing in this Development Agreement or in the Townhome Plans or
Commercial Standards shall be deemed to alter any applicable buildin9 code.
14. Private Streets within Residential Property; Gates. As depicted in the
Townhome Plans, the City agrees that the streets and driveways within the Residential
Property will be privately owned and maintained by the property owners association
created for the Residential Property, and that access will be controlled by electrically
operated gates. The gates shall be located as depicted in the Townhorne Plans, and the
private streets shall connect to the Private Entry Street at the boundary between the
Residential Property and the Private Entry Street. The portion of the private streets
between the gates and the Private Entry Street shall be maintained exclusively by the
property owners association for the Residential Property, and the City shall have no
obligation to provide maintenance for any portion of such private streets. The electric
gates shall be fitted with devices allowing immediate entry and exit of emergency, fire
and/or police vehicles and personnel, as well as U. S. Postal Service personnel and
vehicles, and City service personnel and vehicles. The engineer of record shall provide a
signed and sealed estimate of the cost of annual maintenance as well as the cost to
resurface the road, the property owners association, or their successors in interest, shall
cause a Florida licensed Certified Public Accountant to annually certify to the City that
adequate funds are being collected from the owners to meet the future value of those
engineer=s estimates.
15. A~~re~ated Development. For development purposes, the Residential
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Property and Commercial Property shall be aggregated as one single development under
the terms and conditions of this Development Agreement and the City Code. However, it
is understood by all parties that the Commercial Property and Residential Property may be
developed by separate entities. If said properties are developed by separate entities, a
default under this Agreement by one entity shall not constitute a default by the other entity,
unless the default involves a joint obligation of the entities under the terms and conditions
of this Agreement. In which case, a default by one entity shall constitute a default by the
other entity.
16. PlattinQ: Developer=s Limited RiQht to Terminate. Upon the effective
date of this Development Agreement, Springs, Jessup, and Centex shall promptly submit
and prosecute with the City an application for development approval consistent with the
terms and conditions of this Agreement. The application shall be prosecuted in good faith
and shall be subject to the City Commission=s approval. Springs, Jessup, and Centex,
jointly, shall have the right to terminate this Agreement until such time final engineering and
construction plans are approved by the City Commission, at which time Springs=
Jessup=s, and Centex=s right to terminate this Agreement shall expire.
17. Government Services, The City shall provide police, fire, emergency and
garbage collection services to the residents of the Residential Property, and, provided that
the Residential Property is developed in accordance with this Development Agreement,
garbage collection shall be provided on a unit-by-unit basis comparable to such services
provided by the City to residents of single-family detached homes. The City=s personnel,
contractors, vendors and suppliers shall have unrestricted access to the Residential
Property for the performance of their duties, and the Residential Property shall be subject
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to an easement for access over and upon the private streets and common areas of the
Residential Property for the benefit of police, fire, emergency and utility personnel, as well
as the United States Postal Service and commercial delivery services.
18. Successors and Assi~ns. This Development Agreement shall automatically
be binding upon and shall inure to the benefit of the successors and assigns of each of the
parties.
19. Applicable Law. This Development Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
20. Homeowner=s Association Documents; Third Party Beneficiary. Centex,
Springs, and Jessup agree that the Residential Property shall be managed by a
homeowner=s association. Centex, Springs, and Jessup agree that the homeowner=s
association documents shall be submitted to the City for review and approval prior to
recording. The documents shall provide that the City shall be designated as a third-party
beneficiary to be in privity with Centex, Springs, and Jessup and the property owners=
association for the purpose of enforcing the rights and obligations hereunder. Such
designation shall be to the satisfaction of each party and shall be completed prior to the
issuance of a Certificate of Occupancy. In the event the Commercial Property is subject
to a homeowner=s or condominium association, the third party beneficiary provisions of
this paragraph shall also apply.
21. Amendments. This Development Agreement shall not be modified or
amended except by written agreement executed by all parties hereto and approved by the
City Commission of the City of Winter Springs.
22. Entire A~reement. This Development Agreement supersedes any other
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agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof.
23. Severability. If any provision of this Development Agreement shall be held to
be invalid or unenforceable to any extent by a court of competent jurisdiction, the same
shall not affect in any respect the validity or enforceability of the remainder of this
Development Agreement.
24. Effective Date. This Development Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this Development
Agreement by all parties.
25. Recordation. Upon approval by the City of Winter Springs City Commission
and execution of this Development Agreement by all parties, this Development Agreement
and any amendments hereto shall be recorded by the City in the public records of
Seminole County, Florida, and shall run with the land. A Notice of Termination shall be
recorded in the public records of Seminole County if this Agreement is terminated by
Springs, Jessup, and Centex pursuant to paragraph 16 herein.
26. Relationship of the Parties. The relationship of the parties to this
Development Agreement is contractual and arm=s length. Springs, Jessup and Centex
are independent contractors and are not the agents of the City for any purpose. Nothing
herein shall be deemed to create a partnership, or joint venture, or principal-agent
relationship among the parties, and no party is authorized to, nor shall any party act toward
third persons or the public in any manner which would indicate any such relationship with
any other party.
27. Soverei~n Immunity. Nothing contained in this Development Agreement
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shall be construed as a waiver of the City=s right to sovereign immunity under Section
768.28, Florida Statutes, or any other limitation on the City=s potential liability under state
or federal law.
28. City=s Police Power. Centex, Springs and Jessup acknowledge and agree
that the City hereby reserves all police powers granted to the City by law. In no way shall
this Development Agreement be construed as the City bargaining away or surrendering its
police powers.
29. Interpretation. The parties to this Development Agreement acknowledge
and agree that all parties have participated equally in the drafting of this Development
Agreement, and no party shall be favored or disfavored regarding interpretation of this
Development Agreement in the event of a dispute between the parties.
30. Permits. The failure of this Development Agreement to address any
particular City, county, state and federal permit, condition, term or restriction shall not
relieve Centex, Springs and Jessup or the City of the necessity of complying with the law
governing said permitting requirements, conditions, term or restriction.
31. Third Party Riahts. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any
third party.
32. Specific Performance. Strict compliance shall be required with each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage, and that specific performance of these obligations may be obtained by suit in
equity.
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33. Attorneys= Fees. In connection with any arbitration or litigation arising out
of this Development Agreement, the prevailing party shall be entitled to recover reasonable
attorney=s fees and costs through all appeals to the extent permitted by law.
34. Future Rezonin~slDevelopment Permits. Nothing in this Development
Agreement shall limit the City=s authority to grant or deny any future rezoning or
development permit applications or requests, or the right of Centex or Springs and Jessup
to apply for or oppose any future rezoning or development permit application subsequent
to the Effective Date of this Development Agreement. In addition, nothing herein shall be
construed as granting or creating a vested property right or interest in Centex, Springs, and
Jessup or on the Subject Property.
35. Force Majeure. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period (A Time
Period@) constitutes a default under the terms of this Agreement and, if any such failure
is due to any unforeseeable or unpredictable event or condition beyond the control of such
party, including, but not limited to, acts of God, acts of government authority (other than
the City=s own acts), acts of public enemy or war, riots, civil disturbances, power failure,
shortages of labor or materials, injunction or other court proceedings beyond the control
of such party, or severe adverse weather conditions (AUncontrollable Event@), then
notwithstanding any provision of this Agreement to the contrary, that failure shall not
constitute a default under this Agreement and any Time Period proscribed hereunder shall
be extended by the amount of time that such party was unable to perform solely due to the
Uncontrollable Event.
36. City=s Ri~ht to Terminate A~reement. Failure by Springs, Jessup, and/or
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DEVELOPMENT AGREEMENT
LIST OF EXHIBITS
EXHIBIT M@
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
EXHIBIT AB@
TOWNHOME PLANS
EXHIBIT AC@
TOWNHOME RESIDENTIAL STANDARDS
EXHIBIT AD@
COMMERCIAL STANDARDS
EXHIBIT AE@
PUBLIC ENTRY STREET PLANS
EXHIBIT AF@
ENTRY FEATURE PLANS
EXHIBIT AG@
LEGAL DESCRIPTION OF THE RESIDENTIAL PROPERTY
EXHIBIT AH@
LEGAL DESCRIPTION OF THE COMMERCIAL PROPERTY
EXHIBIT AI@
LEGAL DESCRIPTION OF THE PUBLIC ENTRY STREET
EXHIBIT AJ@
LEGAL DESCRIPTION OF THE ENTRY FEATURE
PROPERTY
EXHIBIT AK@
PREFERRED PLANT LIST
F:IDOCSICity of Winter SpringslWagner's Curve Develop:mentlAgreementslWagners Curve Dev Agmt FINAL 2{02.wpd
22
Sent By: BRO'NN,WARD,SALZMAN&WEISS,P.A.; 407 ,125 9596;
Feb-7-02 11 :27AM;
Development Agreement
List of Exhibits
Exhibit A - Legal description
Exhibit B - Townhome plans
Exhibit C - Townhome Residential Standards
Exhibit 0 - Commercial Standards
Exhibit E - Private Entry Street Plans
Exhibit F - Entry Feature Plans
Exhibit G - Typical building separation detail
Exhibit H - Typical 434 Frontage Detail
Exhibit 1- Typical 434 building elevation
Exhibit J - Typical fence elevations
Exhibit K- Preferred plant list
Exhibit L - Legal description residential property
Exhibit M - Legal Description commercial Property
Exhibit N- Legal description public entry street
Exhibit 0 - Legal description entry feature property
Page 2
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,
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Feb-7.0211:27AMj
Exhi bit A
Legal Description
Lots 18, 19, and the east 219 feet of lot 20, south of the new S. R. 434, block 0,
Dr. Mitchell's survey of the levy grant, plat book 1 page 5
And also
Lot 20, south of the new S.R.434 ( less the east 219 feet) block 0, Dr. Mitchell's
survey of the levy grant, plat book 1, page 5.
'.
Page 3
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.;
Feb-7-02 11 :27AM;
407 425 9596;
Page 4
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A. j 407 425 9596;
Feb-7-02 11 :28AM;
Page 5
Exhibit C
Residential Development Standards
Total land area: 14.2 acres
Land use: Townhouse
Total units 160
Maximum density: 12 units/acre
Property Boundary building setbacks:
S.R. 434:
Principle building .34'
Covered open porch- 26'
East Property line:
Principle building -10'
Covered open porch - 10'
West ProPerty line:
Principle building _10'
Covered open porch - 10'
South Prooert)' line:
Principle building -20'
Covered open porch - 12'
Minimum Lot size: 1,800 s.f. (20' x 90')
Minimum Lot frontage: 20'
Minimum building setbacks on lots:
Front: 20'
Side: 0'
Rear: 20'
Minimum living area: 1,000 sJ.
Minimum Building separation requirements
Side to side: 20'
Rear to rear. 40'
Porch to porch: 24'
Parking: 2 spaces per unit. (driveway will be considered as one space.)
Minimum setback. from parking areas: 5'
Minimum setback from private roadways: 10'
Landscape buffers
SR. 434. Buffer along S.R. 434 will be per exhibit H.
West Boundary; no buffer required
South Boundary - no buffer required.
East boundary - no buffer required. Buffer provided by commercial
property
434 Architectural elevations will be per exhibit I
. Note; setbacks will be measured from the face of the building not the fascia of
the roof overhang.
...
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Feb-7-02 11 :2BAM;
Exhibit 0
Commercial Development Standards
Total land area: 1.6 acres
Land use: All uses permitted in the C-1 zoning district & Professional Office
~wn Center District DesiQn Standards: TO'Ml Center District Code includino.
but not limited to:
1. All buildinQ5 shall be constructed to the "build-la-lineD. as defined in the Town
Center District Code.
2. All buildinos shall be at least t'NO stories in heiQht
3. The architecture of all buildinos and structures shall be Qenerallv in keepinQ
with neo-traditional architectural and other design standards reflected in the
Town Center District yode.
"
Page 6
\
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j
407 425 9596;
Feb.7-02 11 :28AMj
Page 7
Exhibit E
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5' Sidewalk
Access to
commercial parcel
24' Paved Road _..~' .-
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Typical Road Section
F24' Private
Drive
12' 12'
6X 12
Ribbon Curb
Shared Entry Road Section
Access Easement
16'-0.
r ;~'-o. l median rentryl
.)(1 anes lane I S sidewalk
2' Miami cur~ "-'~~table cur~
b L2' Miami Curb
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daly design group inc.
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t61 W. ~... ()yd.. ~.. 115,~'" PoI1<.. Ao1de 12789 (.tOT) r.co.ntJ
Pr1vQtG En Str86t Plans
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Wagner's CUNe Townhouse Project
'1ft,..~..fl(t1o.1
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Exhibit F
Decorative brick pavers
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lanter wall ~
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Low shrubs an
flowering ground co r
Plan View
Flowering shrubs
and accent plants
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Entry Feature Plans
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861 W 1.1(ne flvd. 9Ae 125. INnt". Pl'Il"'. l'luid.t .17.f6'l (4011 14 l).. 7) 1)
Wagner's Curve Townhouse Project
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Exhibit I
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.;
407 425 9596;
Feb-7-02 11 :30AMj
Exhibit J
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Ball cap on 2" post 8' o.c.
Press point finial
3 Rail Aluminum Fence
Brick Column not
less than 50' o.C
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West & South property fence
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Wagner's CUN9 Townhouse Project
VIIt,.... ~1I. FlorUJ
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Page 12/18
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Sent By: BROWN l WARD l SALZI,1AN&WE ISS l P. A. ;
407 425 9596; Feb.7-02
11 :30AM; Page 13/18
c~ec', A'. ,-~,.1.G<: C R ':011' .....:T
r:~E;: OR L.A~GE :SHRue N,.l....(a SIZ!: ;l~ TIC) COST VALUE CA:.'J
" l....~Cri '1011., :\r..JIU-tIt.lnk. 25-~O ~~l..~' Z . .s 'i'J.CO S ~~C.~t; .i , "J.CO
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~,""aso.)n S[~o..r 2j,.~O ~~t..&' lol S ~.OQ .$ :4-:0.00 S 110.00
~';""'T'y ':>21. ~~Im. acl. ~ q~C.. ..' ~_ t S 11:1.00 .$ ~=o.un .s , .. S .00
C! .~,,,.;:lj,,ca palm :.0 a~l.. 5' 3., ) 100.00 S ~ca.';O S , 7~.CO
:: ~,~')..](I ,=;n Palm jO 9~1.. .A' J.l .Ii I~C.OO S lCO.t:C S 175.CO
C:-';:'l~~~ F,r1 Palm J<) <;1&1., S' J-I .$ ICO.JO S JOO 00 S 175.00
c.at".~t')' . .l;ana Olt.,.alm :)(loa'.. ~ ~, S leo.oo $ 300.00 , 115.00 t
01111: P.lft'l. P. dlc::lytI1.,.. :)(l gat, K '-1 S ICO.OO j 300.CO $ , 7S.C10 I
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1,'/irarrill p,lm ~ gal., I'r 3-1 S 1.S0.00 .s JOO.CO S , SO.OO i
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sa<;o 30 \lat., :r '-I .s , ~O.OQ .s 300.00 S 1 50.00 \
Lout" ::;.m MlIl;Jnoll.a 2S-~ 11.1..6' 3-~ 5 100.0C S 300.00 S 200 0<1
~ iO aud 2$-30 011..5' 3-1 S 12S.00 S 300.00 S t75.~ \
c: illl"al,'" HOlTy 2.S-JO !il81..e' )..1 s 125.00 S 300.00 S 175.00
'::~!:iv'!! HollY 25-30 ;aI.,IS. J., S 1 zs.OO S 300,00 S t 15.00 \
P.::c'" Holly 25-jO epl..S' 3-1 S '2500 S 3CQ.~ 5 115.00
o J".l~.' noay 2s..30 ;11.,5' . . J., S 125.00 S 3QO.00 S , 7S.0a
S?3/'Ui. ..runl~ Z~3Q QII.,5' 3-1 S , IS.GO S 300.00 S 1 !S.OO
.. ~ f'UlQS.<ll .Iu~r 2>30 g.l1..S" 2.1 S QO:OO S 200.OC S 110.00
;:~nC'1O O<l~ 2'-J4 glr..!' 3-1 $ 12'.00 S 300.00 S 175.00
Camema :zs.30 Qll." J.-I S 145.00 $ 300.00 S 155.0<1
J 3;2aI1U~ elu"~ 2s.30 gal..1t :)-1 $ , 2':1. O<l S 100.00 S laO.CO
L"tloUy 8~y 2$-30 ~.!' 2,' $ to.CO S 2GO CO S 1 'O.CO
IJ~~qnt Yaupot' M0I11 1j Oal..1' 2-' S IiO.OO 3 2<10.<:0 S 110.00
'-'/~=C1ng Y:lupOC'lliOlty 25-30 OIL.ll' 3.~ s ICO.CO S ,aO.CO oS 200,00
L :r"l;:~lal\Jm Standard 15 gal.. S" '-t $. IOO.CO So 300.CO S 21)<1.00
'::n.t:lU$lh'ot Plum 1S gal.. e- 2-' 5 95.0<1 S 200.0a .s 10~.OO
~ 51 e1,l(;~eye t S g.al.. S- 2.1 S '0.00 S 200.00 S 1 !O.OO .. .
:l.lyr:/e Oak 15 glt. 5' 2-1 S SO.CO S 200.00 S 1.$0.00
Ci"a~a~~ 1S q81.. S' 2-1 S SO.OO S 2CO.OO 15 150.00
;::-,,,~~ T:ll! IS gal.,," 2-1 S ~O CO $ 2CO.~ ~ t 50.00
.,.. ~~~:..,i3 JO golf... O' 2. ~ S 7S.CO S 2000.00 .s , 15.00
= i'_:'Iini3 qafplr.la '0 glL. r 2.' S SJ.10 S 2~O.CoJ S 150.CO
S....~o:tlTea Ol~e 1 S 9-1.. ~. Z.; 5 SO.oo S ::ZCO.CC S 15C./A:
!..::;'. ~~~...,m SIIt1dald 4..5 0-1.. &-1:)' ~: S 3CO 00 S seo.CO $ 2<:0.00
C'3~!!! \"/~le Sta~"r.1 45 G;aI.,~IO' 5--: S :15Q CO 5 SOO. ec oS , 50.CO
'( 'l,;~c;'t Holly Stir.dattl 2.5-JO Q,I..!" 3-' S l~O.!lO "S JCIJ.QO S ,ao.G"
','j ..'~~("5 'libl,lmum S~t1datd 2S-30 qal..ll' ~t S 'C<l.CO S 300.:iJ S 200.00
N,:~-ile ~:rlm n.30 001l..5' ~! S 200.CO 5 400.CO $ 200 .00
?'/c;my D.lle PlIlm, ltiple 30 ~1..4' J-' S tSO.CO S JOO.OO S ,50. ()(]
s..rji"Pir:d<l Palm 65 ~al.. II' ~_1 S 2M.OO 3 .too.OO $ 200. QO
='..rr.~~Jn ;=;an Palm ~s ~al., r 5-1 s 2~O.OO S 5':0. CO .5 lSO..:JO
Crir.-1'1! :=~n P.lm 'U 'Jo1/., S' S-I S lSv':O $ SOO.~ ~ :::;a.~a
-:".,,!v", :s:and O.te ?11t11 'is .~al.. a' i.: s Z51).ClJ $ ~CO.t.:O .s %~.OC
Cl:~ ;:1.WT:. P. d~~yiilltra IjS 1~1.. j' ~1 3 2SJ.OO s 500.';0 s 250.00
.,',it" :2r!'\II: ? 31m '55 CJ~r.. r . s.-~ .s 300.00 S SCC.CC 5 200 .CO
Sw1~O 45 oal.. 4". Sol S 2SQ.Od S soo.ca S 250.CO
Ul:l-t Gtm Ma9nall~ es Oil.. 4' !-, s 2SC.OO $ sea. co s 750.0(1
Scar-an Junip4r 'is oal., &. ~.t s 210.00 oS 500.00 S ~50.(l(
r'l"ilC $.) J\4"i~( -15 13\.. S' Sol S 250.00 S 5uO.OO 5 2~a.O( \
':l3r,;.)" Holly 'is'lal.,IO'lC4'x2'' ~t S L.25.00 S SGo.ac ~ Z7'.;.OC
1_ ..~ "J.,:'" '1~ ~"...t"""'~'lCJ. ~, S ~CC CO 5 5,,0.OC S 210.0('
.'1 r.; ~r: ::Im ~~ <;Io1t.ttu":.U1/2 ~.1 ~ 225.~O ~ i':O ':0 S t ;5.0<1
:;)~.; .,I:rc,:,l~ ~ i '.Jdl.12,.~.:t.Z1"2 J . ~ S 2!5 :0 S ~:o ::0 .i : :s.e'}
~XI!II.H1:' "f(.-
'"
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Feb-7.Q2 11 :30AM;
Exhibit L
Residential Property Legal Description
A Portion of Lots 19 & 20 Block 0, Mitchell's Survey of The Levy Grant,
According to the plat thereof, As recorded in Plat book 1 page 5 of the Public
records of Seminole County, Florida.
Being more particularly described as follows:
Begin at the southern comer of said lot 20 block D, thence N 83008'18" E Along
the southerly line of said block 0, a distance of 954.17 feet; thence departing
said southerly line N 06051 '42" Wa distance of 125.00 feet; thence N 51051 '42"
Wa distance of 80.00 feet'; thence 06051 ',42- Wa distance of 50.00 feet; thence
N 25024'17" E a distance of 175.49 feet to the southerly right of way line of state
road no. 434 per F.D.O.T. right of way map section 77070-2516 dated 12/10/98
and to an arc of a circular curve concaved southerly having a radius of 2685.00
feet and a chord bearing of N 74054'50" w thence through a central angle of
22"45'19", westerly along the arc of said curve a distance of 1066.36 feet to the
westerly line of aforesaid lot 20 block 0; thence S 06013'08" E a distance of
775.96 feet to the point of beginning.
"
Page 14/18
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Feb-7-0211:31AM;
Page 15/18
EXHIBIT M
Legal description commercial property
DESCRIPTION: (PARCEL 2)
A PORTION OF LOT 18 BLOCK 0, MITCHELL'S SURVEY OF THE LEVY
GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCT AT THE SOUTHWEST CORNER OF SAID LOT 20 BLOCK D,
THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID BLOCK D, A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE
N06051'42" W A DISTANCE 125.00 FEET; THENCE N 51051'42" W A
DISTANCE OF 80.00 FEET; THENCE N 06051'42: W A DISTANCE OF 50.00
FEET; THENCE N 25024'17" E A DI8T ANCE OF 175.49 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T.
RIGHT OF WAY MAP SECTION 77070-2516 DATED 12110/98 AND TO AN
ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS
OF 2685.00 FEET AND A CHORD BEARING OF S 57010'29" E; THENCE
THROUGH A CENTRAL ANGLE OF 12043'23" EASTERLY ALONG THE ARC
OF SAID CURVE A DISTANCE OF 596.22 FEET; THENCE S 83008'18 W A
DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING.
LESS:
LEGAL DESCRIPTION (ACCESS PARCEL)
A PORTION OF LOT 18 AND 19, BLOCK 0, MITCHELL'S SURVEY OF THE
LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N
83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE
FOLLOWING COURSES AND DISTANCES; N 06051'42" W FORA DISTANCE
OF 125.00 FEET; THENCE S 51051'42 E FOR A DISTANCE OF 91.92 FEET;
THENCE N 83008'18" E FOR A DISTANCE OF 140.71 FEET; THENCE N
33004'40" E FOR A DISTANCE OF 154.84 FEET TO THE SOUTH RIGHT OF
..
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Feb-7.0211:31AM;
Page 16/18
WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T. RIGHT OF WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00
FEET AND A CHORD BEARING OF S 53035'48" E; THENCE THROUGH A
CENTRAL ANGLE OF 05034'00" SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 260.87 FEET TO THE SOUTHERLY LINE OF
SAID LOT 18, THENCE S 83008'18" W FOR A DISTANCE OF 495.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1.60 ACRES +1-
'.
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.;
407 425 9596;
Feb-7-02 11 :31AM;
Exhibit N
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POINT OF COMMEN<,:ElAENT
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LOT 21 I
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UCAL OESCRIPlION (AC~ PARCEL-B):
A POOTlON Of" lOT 16 AJoIO 19. BlOCK D. UllaiUL'S SURI/EY Of" ruE LEVY GRAHT, ACCORDINC TO THE: PlAT THEREOf",
AS R(COMDED IN PlAT Boa< " p"a: ~ a:- TltE PV8UC RECORDS Of" so.tlNOlE COUNTY. f1.ORIOA.
BEING ...001;: PARTICUlARY ~I8EO AS m.tOWS:
COloIlolENCE AT THE SOVlHy,eJT COflN€R a:- LOT 20. BLOCK 0, "THO/CE N3JW18'E AlONe THE SOUTHERLY UHf: Of" SA()
LOT 1~ NlD 20 A OIS1~CE Of" ~5..17 ro::T: ll'f(NCE I..E/tVlNG SAID SOU1H lINE RUN N06~l'42"w A DISTAHC( Of" UI.OO
FEET 10 -mE POINT Of" OEClHNJNO; Tl-l(NCE CONTlNUE N08'51'42"W A DISTAt4CE Of' f2~OO FEET: THENCE RUN THE
F'OlLO\lIlNO COURSES AHO DISTANCES "1~1'42-E: A DISTANCE OF 9ul2 FEfT: lHENC!: RUN N!D"Oe'l6'"E: A 0l5TANt( OF
140.71 FEET; n-lENCE N .)J~'<4()- E A DlST.-.NCE Qf" 1~,Cl4 fEET TO THE SOUTH RlGHT-Qf"-WAY ~E Of" ST....TE ROA.O
NO. 4J.4 PER f.o.O.T. RIGHT-Of-WAY WAP st:C1lON NO. 77070-2-'18, DATED OE:COl6ER 10. f~. SAID POOH N.:SO
BElNC AN ARC Of A C1RCULAR ClJR\€ COMCA\1:: SiOUll€ASTEAlY HA.....NO /It lVDlUS Of" 2~OO ftrT AI<<) .... OiORD
BEARING OF ~"2d"l7"'r; THENCE ll1ROUGl A a:NTRAL AHOlf OF 01':12'4.3. ~ SOUltI€ASTERl.Y ALOHC THE ARC Of"
SNO CtJRIJ( A OlSTANCE ~ 58.04 Fn:T 1'0 .... POINT ON 1HE SAlO SOU1H RIGHT Of'" WAY lINt:, THENCE lLA'o'lNC SAlO
SOUTH UN(" /tUN S51':58'25".. A OlSTANC( or 22.f>7 fff:r;lHENct S3.l'21'~-W ^ OISTAHCt: Ct' 7~.te FUr TO THE PaNT
C>>=' ClJRVAlURE OF A ~ CONCA~ NMlHM:S1f.RLy H....IJlNO A RADIUS Of 100.00 FffT AAO /to Otmo ElEAAlNO OF
~"04wW; llitJfCE THROOQi A CENl"IW.. AH:;U: Of" W-40'28" ~ ~~y AlCt4c lH( MC Of" ~o CVR'o't: ....
Ol$TANCE Qf" &1.117 FEET: 10 1Hf: PaNT OF T~(;Y THDIa: S8.T08't8""W A ~TAHC( OF 2:2S.~ 1'l:ET; TO "!HE: POINT
Of" BEGlNNINC.
CONTNNINC O..1CS ....~s:t
Page 17/18
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Feb-7.02 11 :32AM;
Page 18/18
EXHIBIT 0
Legal description entry feature property
LEGAL DESCRIPTION (ACCESS PARCEL):
A PORTION OF LOT 18 AND 19, BLOCK D, MITCHELL'S SURVEY OF THE
LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N
83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE
FOLLOWING COURSES AND DISTANCES N 06051'42"WEST FORA
DISTANCE OF 125.00 FEET; THENCE S 51051'42" E FOR A DISTANCE OF
91.92 FEET; THENCE N 83008'18" E FOR A DISTANCE 140.71 FEET;
THENCE N 06051'42" W FOR A DISTANCE OF 45.60 FEET; THENCE N
33004'40" E FOR A DISTANCE OF 120_00 FEET TO THE SOUTH RIGHT-OF-
WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T RIGHT-OF-WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A
CIRCULAR CURVE CON CAVED SOUTHERLY HAVING A RADIUS OF 2685.00
FEET AND A CHORD BEARING OF S 53054'32" E. THENCE THROUGH A
CENTRAL ANGLE OF 06011'29" EASTERLY ALONG THE ARC 00 SAID
CURVE A DISTANCE OF 290.14 FEET TO THE SOUTHERLY LINE OF SAID
LOT 18; THENCE S 83008'18" W FOR A DISTANCE OF 495.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1.09 ACRES +/-
..
ATTACHMENT B
,
----
'''~,...,.,.........,......*...._. .- ~_."........-.*..~....-.
.;....
BROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown ·
John H. Ward ·
Gary S. Salzmano
Jeffrey S. Weiss
Suzanne D'Agresta
Anthony A. GarganeseO
Scott D. Danahy
Alfred Truesdell
Arthur R. "Randy" Brown, Jr. +
Brett A. Marlowe
Jeffrey P. Buak
Kristine R. Kutz
Joseph G. Colombo
Debra S. Babb
Gregory A. Hasso
Cheyenne R. Young
Joseph E. Blitch
1\1f; r, " ~ 2. f)D2
. ,..,11 i; {!
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(-4.07) 425-9566
(407) 425-9596 FAX
Email: agarganese@orlandolaw.net
Website: www.orlandolaw.net
~iE!cesv.. . ",,>!u.~,'
~~a.f~:j
CITy OF IN c
C .INr._R SPF?INGS
ommUnlty Development
Cocoa: 866-425-9566
· Board Cenified Civil Trial Lawyer
o Board Cenified Business Litigation Lawyer
o Board Cenified City, County & Local Govenunent Law
+ Board Cer1ified Labor & Employment Law
March 8,2002
BY FACSIMILE #407/327-6686
AND UNITED STATES MAIL
Mr. Ronald McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re:. Wagner's Curve Development, Conditional Use Permit
Dear Ron:
City Staff has asked whether the multi-family conditional use permit for the Wagner's Curve
property must be reinstated because six months have lapsed since its issuance.
It is my view that the multi-family conditional use permit does not have to be reinstated. The
development of the Wagner's Curve property is now governed by the Binding Development
Agreement entered into between the City of Winter Springs and Springs Land Investment, Ltd.,
Jessup Shores Limited Partnership, and Centex Homes. The Development Agreement expressly
provides that multi-family townhomes are permitted on the residential property, as dHined in the
Agreement.
.. . ...r./I
Mr. Ronald McLemore, City Manager
March 8, 2002
Page 2
If you have any questions regarding this issue, please do not hesitate to contact me.
Anthony A. Garganese
City Attorney
AAG:ss
Enclosure
cc: Thomas Daly, Daly Design (via facsimile}
Charles Carrington, Community Development Director
F:\DOCS\City ofWintcr Springs\ Wagner's Curve Development\Correspcnd~nce\}'lcL:more tit 3.8.02. wpd
...
ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
Code Enforcement
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
MEMORANDUM
DATE:
April 1, 2002
TO:
John Bakcr, Land Dcvelopment Coordinator
jimeltc Cook, Code Enforccmcnt ManagC~
Wagner's Curve deviation from code
FROM:
RE:
Michael and 1 have reviewed the Developer's Agreement and offer the following;
1. Page 10, (d) (1). In the Developer's Agreement only tJlOse trees over 14 inches in caliper "count"
for replacement pwposes. All trees over 4 inches in caliper are nonnally required to be replaced.
2. Page 10, (d) (2). The Developer's Agreement allows trees to be exempted for silviculturc
purposcs. There is no provision for silvicuIlure exemption in the current code.
3. Pagc II, (d) (3). In tJle Dcveloper's Agreement, tJ1C size and species of any tree is not to be taken
into consideration for designation of "Specimen" tree. Under current code, certain size and
species trees may qualify for "specimen" designation.
4. Page 10, (b). Replacement materials may be chosen from a list of Preferred Plants at a greatcr
ratio for credit UIlder this Dcveloper's Agreement, (i.e. one-for-two, onc-for-three. etc.). Undcr
current code, trees arc replaced one-for-one.
5. Exhibit C- Landscape BulJers- Under tJle current SR 434 New Development Overlay District
Guidelines, a buffer is required between all vehicular usc .a(eas and.adjaccutpropcr:tics...A.screen,.. .n~" ,...u,.,~.. .... .....
of at lcast 30 inches height shall be used between the common property lines, in. ar~lS I.lot less than
six feet in widtJl and .shall.contain'atleast'onetree every'75","Exhibit.eindicates1hatno-.---n.n---'h" .--.-...--- -
landscapc buffers will be provided along boundary lincs.
G. Exhibit H-This exhibit shows a tree planted every 40', and thc current codc requires onc every 50'.
This exhibit shows the landscaping being planted in the rights-of-ways, rather than on private
property. Screening is to be provided at least 3' height llild this is not indicated on Exhibit H,
howeverafenceisprovided.... _ ._...n.._ ___ __._.__._.________________...__
..
ATTACHMENT D
Please see attached subdivision plan
51 sidewalk
Legal Description: As provided by client
LOTS 18,19, AND THE EAST 219 FEET OF LOT 20, SOUTH
OF THE NEW S.R. 434, BLOCK 0, D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT, PLAT BOOK 1, PAGE 5.
AND ALSO
LOT 20 SOUTH OF THE NEW S.R. 434 (LESS THE EAST 219
FEET) BLOCK 0, D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT, PLAT BOOK 1, PAGE 5.
IYPical Road Sections
241-0"
one-way
Drive
1% 1%
Private Right-of-Way Varies
1~ 2~~
1'-411 rone-way
Varies pi I. .. drive
1% 1%
Mountable curb
Min., 111 A.C.8.C, (Type 8-111)
6" base course
611 subbase (Florida Bearing Value 75 psi)
nPical Project Entry Road Section
not to scale
Private Right-of-Way Varies
161-011
one-way
Drive .1 ~1'-4"
1%
161-011
:rI-one-way
1 '-4'11 drive
1% 1%
Varies
51 sidewalk
611 ribbon curb
Min., 1" A. C. 8. C . (Type 8-111)
611 base course
611 subbase (Florida Bearing Value 75 psi)
nPical Gated Entrance Road Section
not to scale
1
20'
Bldg setback
24' Private
Right-of-Way
12",12'
I
201
Bldg setback
Min. 1" A.C.8.C. (Type 8-111)
611 base course
611 subbase (Florida Bearing
Value 75 psi)
Jypical Road Section
not to scale
Street tree 401 o.c.
341 Principle
Bldg setback
tory building
vered porch
261-1
Ornamental light post
61 brick column 801 o.c.
Decorative
Aluminum Fence
Sidewalk
Low shrubs & flowering groundcover
right of way
SR 434
201 81
Landscape Approach
Buffer Walk Porch
lYPical 434 Streetsca~
not to scale
2 story building
---I 20' Building
~ I Setback
a:
!!l
~
8
~
go
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~
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"-
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41 Sidewalk
Jypical Buildin~aration Detail
not to scale
Varies
agner's Curve
Mixed Use Development
Preliminary Subdivision Plan
Winter Springs, Florida
March, 2002
Prepared for:
Centex Homes
385 Douglas Avenue, Suite 2000
Altamonte Springs, FL 32714
Varies
& 03.20.02
Revised per DRC comments dated 03.18.02
Owner
Springland/Jessup Shore JV.
175 Lookout Place
Suite 201
Maitland, Florida 32751
(407) 645-5244
Contact: Ed leerdam
Surveyor
ASM
320 E. South Street
Suite 180
Orlando, Florida 32801
(407) 426-7979
Contact. Brett Muscovitz
Engineer
Madden Engineering
431 East Horatio Ave.
Suite 260
Maitland, Florida 32751
(407) 629-8330
Contact: Denver Marlow
Develo~
Centex Homes
385 Douglas Ave.
Altamonte Springs, FI. 32714
(407)661 2189
Contact Michael Oliver .PE.
AQplicantlAgent
Daly Design Group
861 West Morse Blvd.
Winter Park, Fl 32789
(407) 740 7373
Contact Thomas Daly ASLA
2 story building
Property Line
Typical Building Setback Section
not to scale
Proposed 434 Building Elevation
not to scale
Tract Area Table
22' 20' 20' 20' 20. 2'
Tract Tract Use
A Utility & Access Right-of-way
B Open Space & Recreation
C Drainage & Recreation
D Lift Station
E Open Space & Recreation
F Open Space
G Open Space
H Open Space
I Open Space
J Open Space
K Open Space
Square Footage Acreage
111,317.72 2.56
37,706.44 0.87
85,282.41 1.96
777.96 0.02
50,959.27 1.17
11 ,669.64 0.27
32,983.00 0.76
2,122.59 0.05
2,440.17 0.06
1,853.53 0.04
1,821.31 0.04
(:)
N
o
0>
Building Setback Line
Open Space & Recreation Total
226,838.36
5.21
lYPical Lot Layout
not to scale
We
Site
NORTH
~
NTS
Location Map
Site Data
Overall Site
Total Land Area
Current Land Use
Current Zoning
Commercial
Total Land Area
Development Criteria
16.11 Ac.
Mixed Use
C-1
1.6Ac.
Per Exhibit _' Approved Developers
Aggrement OR _' Pgs _
Residential
Residential
Retention
Total Units
Proposed Density
Development Criteria
''''14.51 Ac.
1.58 Ac (11 %)
158 Units
10.88 Units/Acre
Per Exhibit C, Approved Developers
Agreement, OR_Pgs_
Parking
Required Spaces
Garage
Off Street
Visitor
Total Parking
Minimum Setback from Parking Areas
Minimum Setback from Private Roadways
316 (2/unit)
158
158
52
368
5'
10'
.. NOTE: Setbacks will be measured from the face of the building, not
the fascia of the roof overhang.
General Notes
1. Streets will be privately owned & maintained by the home
owners association.
2. The Project will be gated. Gate equipment will be designed
to allow access for emergency vehicles. (E.V.A.C. system)
3. The proposed use is consistent with the city's
comprehensive plan.
4. Recreation areas will be privately owned & maintained by
The Homeowners Association.
5. Water & sewer will be owned & operated by the city of
Winter Springs.
6. The project will be designed in comformance with the city of
Winter Springs Land Development Code.
7. All utilities will be individually metered to each unit.
8. Project will be developed in accordance with the approved
developers agreement OR _' Pgs_
daly design group inc.
Land Planning, Landscape Architecture, Project Management, Development Consulting
861 W. Morse Blvd., Suite 125, Winter Park, Florida 32789 (407) 740-7373
Date: March 2002 Scale: NTS Job No.: 2011 a
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........m.m.. HiV .m........ Existing Reclaim Water Line
'U"",.'_ H/ ~ Existing Forcemain
- w - Proposed Watermain
- - - - - Proposed Storm Sewer
- ss - Proposed Sanitary Sewer
(().' Existi ng Power Pole
~ Existing Storm Inlet
. Proposed Sanitary Manhole
. Proposed Storm Inlet
-+- Proposed Fire Hydrant
Soils Legend
@ Astatula-Apopka fine sands
@ Basinger & Smyrna Fine Sand:
@ Pomello Fine Sand
@ St. Johns and EauGallie fine Sc
@ T avares-Millhopper fine sands
~ Soils Boundary
Information by SCS Orange County
Soil Survey
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