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HomeMy WebLinkAbout2003 03 10 Regular F Proposed Development Agreement and Final Development/Engineering Plans for Tuskawilla Trails Phase II Subdivision COMMISSION AGENDA ITEM F Consent Information Public Hearin2 Re2ular XX MarchIO. 2003 Meeting MGR. ~/Der>t. //Y REQUEST: The Community Development Department requests the City Commission approve the development agreement and final development/engineering plans for the proposed Tuskawilla Trails Phase II Subdivision (an expansion of the existing mobile home community). PURPOSE: The purpose of this agenda item is to approve the proposed development agreement and final development/engineering plans for the 32 lot addition on 9.25 acres to Tuskawilla Trails. APPLICABLE CITY CODES Section 9-71. When final development plan is to be filed; extension. Section 9-72. Processing of final plans. Section 9-73. Form and contents of final development plans. Section 9-74. Action on final development plan; expiration of approval. Section 20-317. Application for construction. CHRONOLOGY: January 23,2002 - City received preliminary subdivision plan application package May 1, 2002 - Planning and Zoning Board recommended approval of preliminary subdivision plan June 10,2002 - City Commission approved preliminary subdivision plan. March 10,2003 Regular Item F Page 2 August 7,2002 - City received final engineering application package January 7,2003 - City received payment for development agreement fee FINDINGS: 1. The subdivision will connect to City potable water and sanitary sewer. The City has adequate capacity for both. 2. A 25 foot wide buffer has been provided along the southern boundary of the site, adjacent to the Nature's Way right-of-way (ROW). 3. The 9.25 acre site is within the RT-Mobile Home zoning district and Moderate Density Residential Future Land Use (FLU) designation. 4. The proposed development agreement and final development/engineering plans for the Tuskawilla Trails Phase II subdivision are consistent with the approved preliminary plans, the Comprehensive Plan, and the City Code of Ordinances. The ROW widths and sidewalks set forth in the development agreement are consistent with the existing portion of the site, although different than Code. The arbor section of the development agreement is different than Code - staff does not support the differences. 5. The proposed 30 foot-wide ROW with 20 foot-wide roadway surfaces are consistent with the existing development at Tuskawilla Trails; provision for this 30 foot ROW is addressed in the development agreement. 6. Wetland delineation and mitigation were addressed with the St. Johns River Water Management District by the applicant. RECOMMENDATION: Staff recommends approval of the development agreement and final subdivision plan for Tuskawilla Trails Phase II, subject to striking any language in the development agreement that is inconsistent with the arbor code. ATTACHMENTS: A. June 10, 2002, City Commission Minutes B Development Agreement C Final subdivision plans ATTACHMENT A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 28 OF 33 Deputy Mayor Gennell added, "There is still the question out there that the City Attorney is going to research." REGULAR J. Community Development Department Requests The City Commission Approve The Preliminary Development/Engineering Plans For The Proposed Tuskawilla Trails Phase II Subdivision (An Expansion Of The Existing Mobile Home Community). Mr. Baker spoke briefly on this Agenda Item. "IF IT CONFORMS TO CODE, THEN IT IS APPROPRIATE THAT WE APPROVE THE ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR E. Finance Department Requesting The City Commission Review The Attached Budget Calendar For FY 03 And Make Changes As Necessary To The Scheduled Workshop Dates. With discussion, Members of the Commission agreed to hold the first Budget Workshop at the previously scheduled date and time of July 8th at 5 p.m. (to 6:30 p.m.) and the second Budget Workshop would take place on July 9th at 6 p.m. Mayor Partyka added, "Then after the 9th we could determine whether we need more Meetings." The City Clerk was asked to provide refreshments. REGULAR M. Office Of Commissioner David W. McLeod Requesting The City Commission Reconsider Its Decision Regarding A Variance On An ll-Inch Deck And Screen Pool Enclosure Encroachment Into A Recorded Drainage Easement Located At 703 Palencia Court In Seville Chase. ATTACHMENT B PARCEL 1.0. NO. BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this _ day of , 2003 by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State Road 434, Winter Springs, FL 32708, and SEMINOLE PINES ASSOCIATES, ("Owner"), whose address is 3801 Bee Ridge Road, Suite 12, Sarasota, FL 34233. WITNESSETH: WHEREAS, Owner is constructing a second phase to an existing Manufactured Housing Community denoted Tuskawilla Trails Phase II, on real property located within the City of Winter Springs; and WHEREAS, the real property is currently located with the City of Winter Springs and is currently part of the Winter Springs Town Center; and WHEREAS, the parties desire to memorialize their mutual understanding that the real property will be developed as TUSKA WILLA TRAILS - PHASE II project in accordance with the Town Center Zoning District requirements adopted by the City, (the "Project"); and WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with Owner for the development of the Project; and WHEREAS, in addition to Owner's compliance with all City Codes, permitting and construction not in conflict except as provided herein, the City and Owner desire to set forth the following special terms and conditions. -1- NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Section 2. Section 3. Section 4. Section 5. Recitals. reference. The foregoing recitals are hereby incorporated herein by this Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Posers Act. Subiect Property. The real property ("Property") which is the subject to, and bound by the tenns and conditions of this Agreement is legally described on Exhibit" A" attached hereto and made a part hereof by reference. Representations of Owner. Owner hereby represents and warrants to City that Owner has the power and authority to execute, deliver and perfonn the tenns and provisions of this agreement and has taken all necessary action to authorize the execution, delivery and perfonnance of this Agreement. This Agreement will, when duly executed and delivered by Owner and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against Owner and the Property in accordance with the tenns and conditions of this Agreement. Owner represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the tenns and conditions set forth in this Agreement. Owner's Obligations and Commitments. In consideration of the City entering into this Agreement with Owner, Owner voluntarily agrees as follows: -2- a) Total Area: Zoning: Allowable Density: 9.25 Acres R-T/Mobile Home Park Home sites not less than 4,000 sfin area and minimum site width of 50'. b) Open Space and Recreation Areas Maintenance of the open space shall be funded by the Owner. Total Land Area: 9.25 Acres Required Parks & Recreation: Parks and Recreation Provided: 10% = 9.25 acres x 0.10 = 0.93 acres 12.5% (combined with Phase I) c) Building Setbacks Front. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 feet Side. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.5 feet Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 feet Landscape Buffer ............... 25 feet along park boundary Maximum Building Height. . . . . . . . . . . . . . .. 30 feet or 2 stories d) Landscape Buffer A 25' minimum buffer-yard will be provided along the Nature's Way and maintained in a uniform manner (e.g. a buffer tract). There will be no tree removal or grubbing with mechanical equipment in this buffer area with the exception of two (2) 15-foot wide utility easements shown on the plans. e) Development Commitments: The following conditions shall be met by Owner prior to a certificate of occupancy (C.O.) being issued: Roadways, water, sewer and storm drainage facilities shall be complete prior to the issuance of a certificate of occupancy. -3- f) Water: Water service shall be provided by the City of Winter Springs water system by way of connection to the existing 12" water main on Tuskawilla Road and extension of an 8" water main to the site. Design of lines and fire hydrants shall conform to City of Winter Springs and Florida Department of Environmental Protection standards. Upon certification of construction completion, the City will takeover ownership and operate the water mains and services up to the meter. g) Sanitary Sewer: Sanitary Sewer service shall be provided by the City of Winter Springs sanitary sewer system by way of connection to the existing wastewater system in Avery Park via construction of a City owned Lift station and 4" sewer force main. Design of lines and pump stations shall conform to City of Winter Springs and Florida Department of Environmental Protection standards. Upon certification of construction completion, the City will takeover ownership and operate wastewater system and services up to the edge of the property lines. h) Stormwater: Stormwater drainage and stormwater management shall be provided on-site according to City of Winter Springs and the St. Johns River Water Management District's stormwater regulations. A 1O-foot wide, stabilized, unobstructed maintenance berm will be provided around the pond. Owner shall maintain the pond in accordance with City and SJR WMD requirements. i) Additional Construction Reimbursement Construction of Tuskawilla Trails Phase II includes amenities requested by the City of Winter Springs for which they will benefit. The City has agreed to share, in part, the cost of the surveying, design, permitting and construction activities over and above that needed for the stand alone construction of Phase II. The Method of -4- reimbursement shall be for those actual costs required for modification above that needed for the stand alone Phase II construction. Reimbursement will be based on the contractor's contract cost to perform the work. An Engineer's estimate will be provided to the City of Winter Springs prior to contract bid for planning purposes. Generally, additional costs pertain to surveying, design, permitting and construction activities required for increasing the size of utility systems, mains, and lift station, additional valves and fittings, lift station construction for SCADA, additional depth of gravity sewers, additional stub-outs for future connections. j) Right-of-wav Utilization A Seminole County R/W utilization permit has been obtained for the Tuskawilla Road water main crossing. In addition, the Owner has obtained a RJW utilization permit from Seminole County for the 30' unimproved RJW running north and south from Natures Way to Avery Park for installation of the new 4" force main to Avery Park. k) Sidewalks The Owner requests a waIver to the sidewalk installation requirements. Due to the nature of, and Code requirements for Manufactured Home Communities, no sidewalks, bicycle paths or bridle paths were provided as part of this development. This is based on staffrecommendation documented in the letter dated March 20, 2002, and Preliminary Development Plan approval. Construction of the stormwater management pond will provide a nature trail and parks/recreation area for residents use. 1) Roadway The Owner requests a waiver to the 50' minimum road right-of- way to provide for a 30' road right-of-way. This conforms to the existing Tuskawilla Trails Phase I, based on staff recommendation documented in the letter dated March 20, 2002, and Preliminary Development Plan approval. Roadways will be 20-feet in width with ribbon curbs. -5- Construction provides for I-foot vertical clearance between roadway base and estimated seasonal high groundwater elevation with the exception of the area adjacent to soil boring AB-5. At this location a 12" perforated PVC underdrain shall be installed in the center of Pawnee Trail from Station 0+00 to Station 2+54. The roadway shall be privately owned and maintained and Owner assumes responsibility for long term maintenance. Owner requests waiver from presumed interpretation of "projected groundwater elevation" requirements of Section 9-73(b)(7) of the Land Development Code. The existing fence on the south end of Mohawk Trail will be removed and replaced with a "knock-down" fence in accordance with the City Fire Department standards. m) Arbor Ordinance Requirements (I) In consideration of trees which shall be cut, removed or destroyed from the property by Owner, the Owner shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tree Replacement Assessment established by the City. The Owner may deduct from their Tree Replacement Assessment, Tree Replacement credits based on the number of replacement credits as provided in the Preferred Plant List, provided that: (a) All plant materials are Florida Grades and Standard One (1) or better; and (b) All plant materials are properly installed; maintained and replaced as deemed necessary under the City's Arbor Ordinance. ( c) Tree Removal Assessment will be in accordance with the City of Winter Springs' Ordinance 2002-08 but shall not exceed $800.00. -6- (d) 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. All plant material meets the size, height and width identified on the Landscape Drawings. (II) For purposes of this Section 5, the following words shall have the meaning ascribed below unless the context clearly indicates otherwise: (a) "City Arbor Ordinance." City Arbor Ordinance shall mean Chapter 5 of the City Code of Ordinances otherwise known as the City Arbor Ordinance adopted prior to April, 2002. (b) "Preferred Plant List." Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit "c" of the New April, 2002 Arbor Ordinance. (c) "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. (d) "Tree Replacement Credit" Tree Replacement Credit shall be equal to One Hundred Dollars ($100.00) and no cents in tree replacement value as identified in the City of Winter Springs' Ordinance 2002-08. Additionally, the Owner agrees to install and maintain in a first class condition landscaping on the Property in accordance with the Landscape Plan approved by the City. The Owner shall promptly replace dead trees and shrubs to a condition equal to or better than required by the Landscape Plan. -7- n) Fire Protection: Fire Protection shall be provided by the City of Winter Springs. Fire flow will be a minimum of 500 gpm at 20 p.s.i. for '4 hours. Fire Hydrants shall be painted totally yellow and located according to City of Winter Springs regulations. 0) Easements Tuskawilla Trails is a land leased manufactured housing community. As such the site will remain wholly owned by Seminole Pines Associates. A drawing ofTuskawilla Phase II will be prepared by the Owner designating 15' utility easements and 30' street RfW as "general utility easements" dedicated to the City. The force main is shown to tie into the manhole in Avery Park. The City will maintain a utility easement in Avery Park for the installation of the force main to the manhole. The Owner will provide the City at construction completion, one set of as- built mylar's, electronic as-builts, two sets of prints, bill of sale for the water and sewer system containing cost of improvements and contractor's and manufacturer's warranty's commuted to the City. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 7 Applicable Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of Florida. Section 8 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 9 Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Owner as to the subject matter thereof. -8- Section 10 Severability. If any provision of the 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 enforce ability of the remainder of this Agreement. Section 11 Effective Date. This Agreement shall become effective upon approval by the City of winter Springs City Commission and execution of the Agreement by both parties. Section 12 Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 13 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and 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. Section 14 Sovereign Immunity. Nothing contained in the is Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law. Section 15 City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 16 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 17 Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restriction. -9- Section 18 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 19 Specific Performance. Strict compliance shall be required with each and every provision of the Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may by obtained by suit in equity. Section 20 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs though all appeals to the extent permitted by law. Section 21 Future Rezoning/Development Permits. Nothing herein shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in Owner or on the Property. -10- IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered in the presence of' SEMINOLE PINES ASSOCIATES a Florida Partnership By: (print Owner/Attorney Name and Title) (print Name of Witness) CITY OF WINTER SPRINGS, a Florida Municipal Corporation, By: JOHN F. BUSH, MAYOR (print Name of Witness) By: (print Name of Witness) ANDREA LORENZO-LUACES City Clerk STATE OF FLORIDA) COUNTY OF SEMINOLE) The foregoing instrument was acknowledged before me this _ day of , 2003, by , an individual, who is personally known to me or who produced his Driver's License as identification. Signature of Notary Public AFFIX NOTARY STAMP (print Notary Name) My Commission Expires Commission No.: Personally known, or Produced Identification Type of Identification Produced -11- . .EXHffiIT "A" BOUNDARY DESCRIPTION (TUSKA WILLA TRAILS - PHASE ill: A portion of Lot 59, Block "D", D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP recorded in Plat Book 1, Page 5 Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northwest comer of Lot 38 Block "D" of said D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, thence N83050'35"E a distance of 1929.61 feet along the Northerly line of Lots 38,37, and 36 of said "BLOCK D" to the Northeast Comer of said Lot 36 of BLOCK "D"; thence S22002'47"E a distance of2140.93 feet along the Easterly line of said Lots 36 and 59 of BLOCK "D" to the Northerly line of TUSKAWILLA recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida; thence N87004'22"W a distance of 148.66 feet to the POINT OF BEGINNING of the herein described parcel; thence continue N87004'22"W a distance of 821.65 feet; thence S03034'58"W a distance of25.00 feet; thence N87027'51"W a distance of 488.66 feet; thence N02055'20"E a distance of 358.41 feet; thence S87004'40"E a distance ofl16.63 feet; thence S06033'1O"E a distance of 25.35 feet; thence S87004'40"E a distance of37.94 feet; thence N67057'06"E a distance of 185.57 feet; thence S22002'54"E a distance of30.29 feet; thence N6r57'13 "E a distance of 122.16 feet; thence S22002'58"E a distance of74.12 feet; thence S87004'40"E a distance of 498.88 feet; thence S21043'08"E a distance of 247.77 feet to the point of curvature ofa nontangent circular curve, concave to the Northwest, whose radius is 150.66 feet and chord bearing is N73011 '25"E and chord distance is 27.51 feet; thence along the arc of said curve through a central angle of 10028'24" for a distance of 27.54 feet; thence N67057'13"E a distance of 104.59 feet to the point of curvature of a circular curve, concave to the Northwest, whose radius is 25.00 feet and chord bearing is N22057'13"E and chord distance is 3 5.36 feet; thence along the arc of said curve through a central angle of 90000'00" for a distance of 39.27 feet; thence S22002'47"E a distance of 222.26 feet to the POINT OF BEGINNING. Containing 9.25 acres of land, more or less. -12- ATTACHMENT B DEVELOPMENT ORDER # 02- TUSKA WILLA TRAILS - PHASE II FINAL PLAN DEVELOPER'S COMMITMENT AGREEMENT COMMITMENTS, CLASSIFICATIONS AND DISTRICT DESCRIPTION On the _ day of , 2002, the Board of City Commissioners of the City of Winter Springs issued this Development Order relating to and touching and concerning the following described property: I. LEGAL DESCRIPTION .... Tuskawilla Trails - Phase II is a land-leased manufactured housing community consisting of home sites which will not be sold or separately deeded from the entire Tuskawilla Trails property. Therefore, the following provides a boundary description of Tuskawilla Trails - Phase II followed by a Legal Description of the entire Tuskawilla Trails site. BOUNDARY DESCRlPTION (TUSKA WILLA TRAILS - PHASE II): A portion of Lot 59, Block "D", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP recorded in Plat Book 1, Page 5 Public Records of Seminole County, Florida being more particularly described as follows: Commence at the Northwest corner of Lot 38 Block "D" of said D. R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, thence N83050'35"E a distance of 1929.61 feet along the Northerly line of Lots 38, 37, and 36 of said "BLOCK D" to the N.E. Corner of said Lot 36 of BLOCK "D"; thence S22002'47"E a distance of2140.93 feet along the Easterly line of said Lots 36 and 59 of BLOCK "D" to the Northerly line of TUSKA WILLA recorded in Plat Book I, Page 5 of the Public Records of Seminole County, Florida; thence N87004'22"W a distance of 148.66 feet to the POINT OF BEGINNING of the herein described parcel; thence continue N87004'22"W a distance of763.17 feet; thence S03034'39"W a distance of25.00 feet; thence N87027'51 "W a distance of 547.14 feet; thence N02055'20"E a distance of 358.41 feet; thence S8J004'40"E a distance of 116.63 feet; thence S06033'I O"E a distance of25.35 feet; thence S87004'40"E a distance of37.94 feet; thence N67057'06"E a distance of 185.57 feet; thence S22002'54"E a distance of30.29 feet; thence N67057'13"E a distance of 122.16 feet; thence S22002'58"E a distance of74.12 feet; thence S87004'40"E a distance of 498.88 feet; thence S21043'08"E a distance of 247.77 feet to the point of curvature of a nontangent circular curve, concave to the Northwest, whose radius is 150.66 feet and chord bearing is N73011'30"E and chord distance is 27.51 feet; thence along the arc of said curve through a central angle of 10028'35" for a distance of27.55 feet; thence N67057'13"E a distance of 1 04.59 feet to the point of curvature of a circular curve, concave to the Northwest, whose radius is 25.00 feet and chord bearing is N22057'13"E and chord distance is 35.36 feet; thence along the arc of said curve through a central angle of90000'OO" for a distance of39.27 feet; thence S22002'47"E a distance of 222.26 feet to the POINT OF BEGINNING. Containing 9.28 acres of land? more or less. II. PROPERTY OWNER Sunshine Communities, Inc. III. REOUESTED DEVELOPMENT APPROVAL Approval of Developer' s Commitment Agreement and approval of Final Development Plan. IV. STATEMENT OF BASIC FACTS 1. Total Area: 9.28 Acres 2. Zoning: R-T/Mobile Home Park 3. Allowable Density: Home sites not less than 4,000 sf in area and minimum site width of 50'. 4. The development approval sought is consistent with the City of Winter Springs Comprehensive Plan and will be developed consistent with and in compliance with all other applicable'regulations and ordinances. 5. The owner of the property has expressly agreed to be bound by and subject to the development conditions and commitments stated below and has covenanted and agreed to have such conditions and commitments run with, follow, and perpetually burden the aforedescribed property. V. LAND USE BREAKDOWN LAND USE AREA % OF SITE HOME SITES <INCLUDING YARDS) 5.63 ac 60.7 ROADS AND DRIVEWAYS 1.13 ac 12.2 STORMWATER MANAGEMENT AREA 1.46 ac 15.7 CONSERVATION (WETLANDS) 0.55 ac 6.0 ADDITIONAL OPEN SPACE 0.51 ac 5.4 TOTAL 9.28 ac 100.0 VI. OPEN SPACE AND RECREATION AREAS Maintenance of the open space shall be funded by the Owner. 2 Total Land Area: 9.28 Acres Required Parks & Recreation: 10% = 9.28 acres x 0.10 = 0.93 acres P&R. Parks and Recreation Provided: 12.51 % (when combined with Phase 1) VII. BUILDING SETBACKS Front . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 feet Side ............................................................. 7.5 feet Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 feet Landscape Buffer. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . .. 25 feet along park boundary Maximum Building Height .................................. 30 feet or 2 stories VIII. PERMITTED USES Leased manufactured housing site and uses permitted in R- T/Mobile Home Park zoning. IX. LANDSCAPE & BUFFER CRITERIA In accordance with the Final Development Plan and City of Winter Springs Land Development Code: 1. All plant material shall meet or exceed standards for Florida No. 1 plants, as specified in Grades and Standards for Nursery Plants, Parts I and II, 1973 published by the State of Florida, Department of Agriculture and Consumer Services. Trees shall be selected from the Recommended Tree Pallet found at the end of these design standards [this article]. 2. At least one (1) tree shall occur for every seventy five (75) linear feet, or fraction thereof, along side (non-street side) and rear property lines. These trees shall be any canopy tre<;: selected from the recommended plant pallet found at the end of the design standards. 3. A 25' minimum buffer-yard will be provided along the Nature's Way and maintained in a uniform manner (e.g. a buffer tract, maintained by a HOA). There will be no disturbance of this buffer area with the exception of the IS-foot wide utility easements. 3 x. DEVELOPMENT COMMITMENTS The following conditions shall be met by Owner prior to a certificate of occupancy (C.O.) being issued: 1. Roadways, water, sewer and storm drainage facilities shall be complete prior to the issuance of a certificate of occupancy. XI. WATER. SEWER. STORMWATER. ETC. WATER: Water service shall be provided by the City of Winter Springs water system by way of connection to the existing 12" water main on Tuskawilla Road and extension of an 8" water main to the site. Design of lines and fire hydrants shall conform to City of Winter Springs and Florida Department of Environmental Protection standards. Upon certification of construction completion, the City will takeover ownership and operate the water mains and services up to the meter. SANITARY SEWER: Sanitary Sewer service shall be provided by the City of Winter Springs sanitary sewer system by way of connection to the existing wastewater system in A very Park via construction of a City owned Lift station and 4" sewer force main. Design of lines and pump stations shall conform to City of Winter Springs and Florida Department of Environmental . Protection standards. Upon certification of construction completion, the City will takeover ownership and operate the wastewater system and services up to the right-of-way. STORMWATER: Storm water drainage and storm water management shall be provided on-site according to City of Winter Springs and the St. Johns River Water Management District's stormwater regulations. A la-foot wide, stabilized, unobstructed maintenance berm will be provided around the pond. FIRE PROTECTION: Fire Protection shall be provided by the City of Winter Springs. Fire flow will be a minimum of 500 gpm at 20 p.s.i. for 4 hours. Fire Hydrants shall be painted totally yellow and located according to City of Winter Springs regulations. ADDITIONAL CONSTRUCTION REIMBURSEMENT Construction of Tuskawilla Trails Phase II includes amenities requested by the City of Winter Springs of which they will benefit. The City has agreed to share, in part, the following cost of the surveying, design, permitting and construction activities: 1. Oversizing of water distribution system to provide additional system capacity for future connection to the City of Winter Springs water distribution system. 4 2. Additional water system valves and fittings to provide for future connection to the City water distribution system. 3. Oversizing of the wastewater lift station and construction of the lift station to meet City standards, in order to manage flows from other sites. 4. Additional depth of wastewater gravity sewers to provide for future connection to City sanitary sewer system. 5. Additional sanitary sewer stubouts to provide for future connections to the City's sanitary sewer system. RIGHT -OF- WAY UTILIZA nON A Seminole County R/W utilization permit has been obtained for the Tuskawilla Road crossing water main crossing. In addition, the Owner has obtained a R/W utilization permit from Seminole County for the 30' unimproved R/W running north and south from Natures Way to Avery Park for installation of the new 4" force main to Avery Park. EASEMENTS Tuskawilla Trails is a land leased manufactured housing community. As such the site will remain wholly owned by Sunshine Communities, Inc. A draWing of Tuskawilla Phase II will be prepared by the Owner designating 15' utility easements and 30' street R/W as "general utility easements" dedicated to the City. The force main is shown to tie into the manhole in A very Park. The City will maintain a utility easement in Avery Park for the installation of the force main to the manhole. The Owner will provide the City at construction completion, one set of as-built mylar's, electronic as-builts, two sets of prints, bill of sale for the water and sewer system containing cost of improvements and contractor's and manufacturer's warranty's commuted to the City (construction usually one year, materials usually 5 years or more) to be used for utility easements required in conjunction with the DEP certification of construction completion. SIDEWALKS The Owner requests a waiver to the sidewalk installation requirements. Due to the nature of, and Code requirements for Manufactured Home Communities, no sidewalks, bicycle paths or bridle paths were provided as part of this development. This is based on staff recommendation documented in the letter dated March 20, 2002, and Preliminary Development Plan approval. Construction of the stormwater management pond will provide a nature trail and parks/recreation area for residents use. 5 ROADWAY The Owner requests a waiver to the 50' minimum road right-of-way to provide for a 30' road right-of-way. This conforms to the existing Tuskawilla Trails Phase I, based on staff recommendation documented in the letter dated March 20, 2002, and Preliminary Development Plan approval. Roadways will be 20-feet in width with ribbon curbs. The existing fence on the south end of Mohawk Trail will be removed and replaced with a "knock-down" fence in accordance with the City of Winter Springs Fire Department standards. ARBOR No trees will be removed from the 25-foot buffer area as part of the construction. Mitigation for trees removed as part of construction will be addressed by tree installation in Phase II depicted on the landscaping plan and by dedication of 96.94 acres of contiguous property to the City as a Conservation/Tree Preservation Area. See attached Legal Description and Sketch. XII. PHASING Tuskawilla Trails - Phase II is proposed to be developed in one phase. Owner agrees to provide infrastructure necessary to support the development. XIII. STANDARD COMMITMENTS 1. Unless specifically addressed otherwise herein, all development shall fully comply with all of the codes and ordinances, including impact fee ordinances, in effect in the City of Winter Springs at the time of permit issuance. 2. When the term "Developer" is used herein, the same shall be taken or constructed to mean Sunshine Communities, Inc., his successors or assigns. All obligations, liabilities, and responsibilities, incurred by or implied by the Developer by this Agreement shall be assumed by any successors in interest of the property. 3. The conditions upon this development approval and commitments made as to this development approval have been accepted by and agreed to by the property Owner. 4. The development order touches and concerns the aforedescribed property, and the conditions, commitments, and provisions the development order shall perpetually burden, run with, and follow the said property and be in servitude upon and binding upon said property unless released in whole or part by action of the City of Winter Springs by virtue of a document of equal dignity herewith. The Owner of said property has expressly covenanted and agreed to this provision and all other terms and provisions of the development order. 6 5. The terms and provisions of the development order are not severable, and in the event any portion of this development order shall be found to be invalid or illegal, then the entire development order shall be null and void. 6. Upon installation approval by City Engineer, all fire hydrants installed as part of the this construction shall become the property of the City of Winter Springs. DONE AND ORDERED ON THE DATE FIRST WRITTEN ABOVE. By: , Chairman 7 OWNER'S CONSENT AND COVENANT COMES NOW, the Owner, Sunshine Communities, Inc., on behalf of himself and his heirs, successors, assigns and transferees of any nature whatsoever and consents to, agrees with and covenants to perform and fully abide by the provisions, terms, conditions and commitments set forth in the Development Order: WITNESSES: OWNER: (Sign) (Name) (print Name) (Sign) (print Name) STATE OF FLORIDA ) COUNTY OF SEMINOLE) The foregoing instrument was acknowledged before me this _ day of , 2002, by , an individual, who is personally known to me or who produced his Driver's License as identification. Signature of Notary Public (Print Notary Name) AFFIX NOTARY STAMP My Commission Expires Commission No.: _ Personally known, or Produced Identification Type of Identification Produced 8 Date: 031003 The following Document was handed out at the 3/10/03 City Commission Meeting as Regular Agenda Item "F" by Mike Mingea. CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 MEMORANDUM 14 February 2003 Comments re: DrawinQ L 1 1. Quercus virginiana Size, Height & Width- CHANGE TO: 65 gal, 14'x6'x3" 2. ADD NOTE: "All plant material shall be Florida Grades and Standards One (1) or better." 3. In order for additional tree credits to be included in the calculations (i.e. "Two canopy trees per lot shall be installed on phase II (by owner)- lots 64 trees x 5 points= 320 credits), these trees MUST be located on the Plan as well as Identified by Size and Species on the Legend. Until such time as these additional trees are shown, NO credit will be given. GRAND TOTAL = 707 \ 4. Therefore, the Tree Data Table is adjusted as follows: TOTAL PROPOSED: 707 REMAINING TREES TO BE MITIGATED: 192 Comments re: Development AQreement p. 3, paragraph d)- Remove end of sentence "with the exception of two (2) 15- foot wide utility easements shown on the plans." p. 6, paragraph m) (I) (c)- Change to read as follows: "Tree Removal Assessment will be accordin'g to the City of Winter Springs Ordinance 2002-08." ADD: paragraph M) (I) (d)- "All plant material meets the size, height and width identified on the landscape drawings." ADD: the following at the end of the first sentence: p. 7 paragraph (II) (d): Tree Replacement Credit shall be equal to One Hundred Dollars ($100.00) and no cents in tree replacement value, "as identified in the City of Winter Springs Ordinance 2002-08." p. 11: CHANGE "Paul P. Partyka, Mayor" to "John F. Bush, Mayor". Calculation of Arbor Fees: Total Trees (1082) - Total Trees Saved (183) = 899 Trees Removed Arbor Permit Fee: $200.00 + (899 trees removed -1) X $10/tree = $ 9,180 Arbor Replacement / Tree Banking: 899 trees removed - 707 credits = 192 trees 192 trees X $100 / tree = $ 19,200 Total Fee Required = $ 28,380 A Bond will be provided to the City for any trees not installed during site development but which are to be installed later, concurrent with lot development.