PASCO COUNTY, FLORIDA INTEROFFICE MEMORANDUM TO: Development Review Committee DATE: 4/17/08 FILE: DR08-1135 SUBJECT: Class III, Subdivision Development Review - Suncoast Commercial Center Subdivision Preliminary/Construction Plan, Stormwater Management Plan and Report, and Variance Requests DRC: 4/24/08, 1:30 p.m., NPR (Cont. from 4/10/08) FROM: Cynthia M. Jolly, P.E., CFM REFERENCES: Land Development Code, Development Director Section 306, Development Review Procedures; Comm. Dist. 2 It is recommended that the data herein presented be given formal consideration by the Development Review Committee (DRC). Commission District: The Honorable Pat Mulieri, Ed.D. Subdivision Name: Suncoast Commercial Center Subdivision Developer's Name: Win-Suncoast, Ltd. Location: On the north side of S.R. 54, approximately 1,000 feet east of the Suncoast Parkway, Section 30, Township 26 South, Range 18 East. Parcel ID No.: 30-26-18-0000-00200-0010 Land Use Classifications: RES-3 (Residential - 3 du/ga) and ROR (Retail/Office/Residential) Zoning District: C-1 Neighborhood Commercial Transportation Corridors: 1) S.R. 54 and 2) Ashley Glen Boulevard Existing Rights-of-Way: 1) Varies 2) N/A (Proposed Road) Required Rights-of-Way: 1) 125 Feet from Centerline 2) 142 Feet Flood Zone: "A" Hurricane Evacuation Zone: N/A Acreage: 36.73 Acres, m.o.l. No. of Units: 9 Type of Units: Commercial Lots Water/Sewage: Public (Pasco)/Public (Pasco) Transportation Impact Fee (TIF) Zone: 2 Transportation Analysis Zones: 158 and 161 Present Land Use: Undeveloped Certificate of Capacity: Initial DEVELOPER'S REQUEST: The developer of Suncoast Commercial Center Subdivision requests preliminary/construction plan and Stormwater Management Plan and Report approval with variance requests to subdivide 36.73 acres into nine commercial lots. Variances Requested: 1) Section 603.9, Type D Right-of-Way Buffer, which, if approved, would allow the developer to reduce the required landscape buffer from 15 feet to 10 feet and install 50 percent of the plantings within the ten-foot buffer and 50 percent of the plantings in the median; 2) Section 602.7, Tree Plan, which, if approved, would allow a monetary contribution to the Tree Mitigation Fund for all required replacement trees not able to be planted; 3) Section 306.17, Dedication, which, if approved, would allow for privately maintained roadways; 4) Section 610.3.M, Cul-de-Sacs, which, if approved, would relieve the applicant of installing cul-de-sacs at the terminus of all roadways; and Page 1 of 14
5) Section 618.12, Cross-Access/Frontage/Reverse-Frontage Roads, which, if approved, would relieve the applicant of installing interconnecting roadways to the east. BACKGROUND: On April 23, 2002, the Board of County Commissioners (BCC) approved a zoning change from A-C Agricultural to C-1 Neighborhood Commercial (Petition No. 5889). FINDINGS OF FACT: 1. The preliminary plan has been reviewed by the Growth Management Department, and it has determined that the proposed use is consistent with the above-referenced zoning district's permitted uses. 2. The preliminary plan for the above-subject project was prepared for Win-Suncoast, Ltd., by Campo engineering, Inc.; consists of 39 sheets dated 2006; and was last revised on February 18, 2008. The plan was originally received by the Development Review Division (DRD) on July 12, 2006, and final revisions were received on March 3, 2008. 3. Access to the property is from S.R. 54. VARIANCE REQUEST: The Development Director has reviewed the request for variances and has determined the following: 1. Section 603.9, Type D Buffer, along Ashley Glen Boulevard: due to the increased right-of-way width from the originally requested 120 feet to the proposed 142 feet, the Development Director has no objections. A Maintenance and License Agreement will be required for the maintenance. 2. Section 602.7, Tree Plan: the site was a former tree farm with an additional 2,082 inches of live oak required to be replaced. The applicant, prior to plat, shall pay either $104,100.00 ($50.00 per inch) or $500.00 per 2,000 square feet of building, based on the floor area of the building placed on each lot. 3. Section 306.17, Dedication: Ashley Glen Boulevard is required to be dedicated. The roadway from Ashley Glen Boulevard to the west is required for interconnection. 4. Section 610.3.M, Cul-de-Sacs: interior roadways/parking aisles shall be privately maintained. The Development Director has no objections. 5. Section 618.12, Cross-Access/Frontage/Reverse-Frontage Roads: the property to the east is a wetland; the County Engineer has no objections. CONCURRENCY ANALYSIS: An Initial Certificate of Capacity is being issued for the subdivision of 36.73 acres into nine commercial lots. RECOMMENDATION: The DRC recommends denial of the variance request from Section 306.17 and approval of the preliminary/construction plan; Stormwater Management Plan and Report; and variance requests from Sections 602.7, 603.9, and 618.12 for Suncoast Commercial Center Subdivision with the following conditions: General 1. The developer acknowledges that any provisions of Pasco County ordinances and any rezoning conditions of approval not specifically waived shall be in full force and effect, including all impact fee ordinances. 2. This approval is contingent upon receipt of a legal instrument, in recordable form, granting the applicant and its assigns such rights as are necessary to construct, maintain, and operate the portion of the realigned ditch that will be located in the Florida Department of Transportation (FDOT) parcel. Page 2 of 14
3. The owner/developer or project contractor shall obtain a hard-copy Site Development Permit from the DRD prior to commencing any construction. To obtain this permit, the following must be submitted to the DRD: a. The completed notarized acknowledgment portion of the attached agenda memorandum. b. The receipt for payment of Pasco County utility impact fees (if the project is served by County water and/or sewer). c. Completion of any site-specific conditions listed as requiring completion prior to the issuance of the Site Development Permit. d. A copy of the approved Southwest Florida Water Management District (SWFWMD) Permit and Plan must be submitted to the DRD. In the event the SWFWMD Permit and Plan require any changes to the County-approved plan, an amendment to the Countyapproved plan shall be submitted for review and approval prior to the issuance of the Site Development Permit. e. National Pollutant Discharge Elimination System Permit/permit application. f. Construction traffic route condition survey and videotape, if applicable. g. Construction Traffic Restoration Bond, if applicable. h. License and Maintenance Agreement for any allowed interim uses in the transportation corridor, if applicable. i. Revised plans incorporating all changes required to show compliance with the conditions of approval including, but not limited to: (1) Per Utility Memorandum No. UT08-854: (a) (b) The plan must be revised to remove the diagonal water-main crossing of Ashley Glen Boulevard. The plan must be revised to show, and the owner/developer shall formally convey, a 15-foot easement to Pasco County along the S.R. 54 property boundary. (Relocate the proposed water main into the utility easement.) (c) The plan must be revised to show the proposed water main along S.R. 54 as 12 inches (minimum). (d) (e) (f) (g) (h) (i) (j) The plan must be revised to show battery-backup alarms on both pump stations. The plan must be revised to correctly show the Federal Emergency Management Agency flood elevations on the pump station details. The project engineer must revisit, clarify, and/or confirm pump station decision criteria (large discrepancy in estimated flows). The plan must be revised to show the correct casing size for the proposed jack and bore (under S.R. 54). The plan must be revised to remove the fixture count (from all utility sheets). The plan must be revised to show a minimal (12-inch) separation between the 60-inch reinforced concrete pipe and the proposed 12-inch water main along Ashley Glen Boulevard and elsewhere where the mains cross stormwater. The Engineer of Record shall provide revised plans illustrating an interconnecting roadway from the FDOT access road north to the drive aisle as depicted on Attachment A. Page 3 of 14
(k) A copy of the recorded Merchants' Association must be submitted to and approved by the Utilities Services Branch. (2) Per Traffic Memorandum No. TR08-0907 (attached): (a) (b) (c) (d) (e) (f) (g) All existing 15 miles per hour speed limit signs must be changed to a minimum of 20 miles per hour. The access on the west side of Progressive Boulevard has a yellow painted gore area on the north side of the road. This gore area shall be white in color per the Manual of Uniform Traffic Control Devices. There is a divided median area; please sign and mark this divided median per FDOT standards. The southernmost driveway located on the east side of Progressive Boulevard is right in/right out. Please provide the proper markings for a right-in/right-out driveway per FDOT standards. A W11-2, W16-7P is required at all non-stop-sign-controlled crosswalks. The main entrance on the east side of Progressive Boulevard has a divided median area; please sign and mark this divided median per FDOT standards. The northern driveway on the east side of Progressive Boulevard has a truck-loading zone. The gore area surrounding this area is shown in yellow. The gore area should be changed to show all makings in white. To the west of the truck-loading area is a painted gore area for the northbound, turn-out, stop condition. The gore area stripes are directing traffic in the wrong direction; please revise to show the gore stripes directing traffic west of the gore area. This painted gore area shall have all markings in white. A stop sign must be installed at the northern stop bar. The southern stop bar and stop sign may be omitted. (3) Prior to the issuance of the hard-copy Site Development Permit, the applicant shall provide Pasco County an FDOT Notice of Intent. (4) Prior to the issuance of the hard-copy Site Development Permit, the applicant shall submit to Pasco County for review and approval a drainage easement within the project for an uninterrupted south-to-north flow through the project, sufficient to accommodate a 100-year/five-day and 100-year/one-day storm event within the limits of the easement, without any increase in predevelopment upstream stages and downstream discharges, per the SWFWMD Permit, for the downstream property for the purpose of maintaining natural drainage and the free flow of stormwater and other surface waters, with a limited right of ingress and egress, to perform maintenance activities related thereto for the County's agents and necessary equipment. The easement, encumbering the SWFWMD jurisdictional wetlands, associated regulatory buffers, and access only, shall be dedicated prior to July 1, 2009. The easement dedication shall be essentially in the form approved by the Engineering Services Department, except as may be modified as requested by the SWFWMD. It is expressly understood and agreed that the developer or its assigns will reserve unto itself rights of ownership of the easement premises not inconsistent with the easement rights granted in the easement to the County, including the grant of additional rights not in conflict with the rights granted in the easement; provided, however, that the develop or its assigns shall not conduct or allow development on the easement premises. No construction shall commence until the permit has been properly posted on the site. 4. Any roadway construction required herein as a condition of development approval shall not be entitled to TIF credits unless such credits have been granted pursuant to prior written agreement or as provided herein. Appeal from this provision shall be made in accordance with the TIF Ordinance. 5. The owner/developer acknowledges that approval of the variances as stated is based upon representation as set forth in the preliminary plan submittal dated 2006, and received by Pasco County on March 3, 2008. In the event that the preliminary plan is deemed void and/or approval Page 4 of 14
is withdrawn, then the variances shall be considered void and all future development shall thereafter comply with all regulations currently in effect and shall be reviewed and approved as provided therein. Preliminary plan approval is contingent upon approval of variance applications. 6. The owner/developer or successors in interest are advised of the following restrictions: a. No owner of the property within the development may construct or maintain any building, residence, or structure, or undertake or perform any activity in the wetlands, buffer areas, and upland conservation areas described in the approved plan or record plat unless prior approval is received from the SWFWMD pursuant to environmental resource permitting. b. No owner of the property within the development may construct or maintain any building, residence, or structure, or undertake or perform any activity within the 100-year floodplain described in the approved plan and/or record plat of the subdivision unless prior approval is received from the SWFWMD pursuant to environmental resource permitting. c. No owner of the property may undertake any roadway improvements within this development unless prior written authorization or notification of exemption is received from the SWFWMD pursuant to environmental resource permitting. 7. In the event ordinances/resolutions are adopted by the BCC including, but not limited to, solid waste, public safety, or wildlife, the developer shall be required to comply with such ordinances/resolutions. 8. The owner/developer acknowledges for a Class IIIU development, 50 percent of the project must be platted, or where no plat is required, 50 percent of the infrastructure must be constructed or 50 percent of the Building Permits for the project must be issued within six years of the original preliminary plan or preliminary site plan approval. Further, 100 percent of the project must be platted, or where no plat is required, 100 percent of the infrastructure must be constructed or 100 percent of the Building Permits for the project must be issued within ten years of the original preliminary plan or preliminary site plan approval. In the event that the developer does not comply with this provision, the preliminary plans or preliminary site plans, Stormwater Management Plan and Report, and construction plans related to the uncompleted portion of the preliminary plans or preliminary site plan shall be deemed void and approval shall be deemed withdrawn unless an extension has been obtained from the DRC prior to expiration of any of the above time limits. An extension shall be applied for at least 60 days prior to expiration of any of the above time limits (Section 306.3.H.2). 9. All construction work, including roads, drainage, and utilities, shall be constructed in accordance with Pasco County design standards and tested in compliance with the Engineering Services Department's Testing Specifications for Construction of Roads, Storm Drainage, and Utilities. 10. The owner/developer shall acknowledge that should Pasco County collect funds under a guarantee document, the developer shall authorize the County, or its designee, access to the property in question to complete the required work. 11. The owner/developer shall acknowledge that should Pasco County be required to institute legal proceedings in order to collect any funds under a guarantee document, the developer shall be responsible for attorney's fees and court costs incurred by the County in such action. 12. All driveway cuts shall be installed to local streets and not collector streets. 13. Utility service commitment fees shall be paid in accordance with the Pasco County Code of Ordinances, Chapter 110, Articles II and IV, as amended. 14. The owner/developer acknowledges that the Utilities Services Branch shall not accept any water mains, other water structures, sewer mains, or other sewage structures for ownership, operation, or maintenance within the development unless otherwise approved by the Utilities Service Agreement. 15. The developer acknowledges that an appeal may be filed against the decision of the DRC within 30 days of the date of this approval. Any development that takes place within the 30-dayappeal deadline shall not establish vested rights with respect to construction of the project. 16. Subject to the provisions of the Right-of-Way Preservation Ordinance, the developer shall convey at no cost to Pasco County 125 feet of right-of-way from the centerline of S.R. 54 Page 5 of 14
(Table 7-4, Pasco County Corridor Preservation Table, located in the Comprehensive Plan, Transportation Element, for arterial/collector and major intersection right-of-way requirements). In addition, the developer shall, at no cost to Pasco County, design, construct, provide, and obtain any and all permits required by any local, State, or Federal agency for appropriate and sufficient drainage/retention, wetland, and floodplain mitigation facilities on the developer's property or at another site acceptable to the County to mitigate all impacts associated with the initial and future planned; i.e., in the current County Comprehensive Plan Transportation Element or Metropolitan Planning Organization Long-Range Plan, improvements of S.R. 54 within or adjacent to the boundaries of the developer's property including, but not limited to, mitigation for initial and future lanes of travel, shoulders, frontage roads, sidewalks, multimodal paths, medians, and other roadway appurtenances. The required drainage/retention, wetland, and floodplain mitigation facilities shall be determined at the time of stormwater-management plan review for the portion(s) of the project adjacent to S.R. 54, and this paragraph of this condition shall expire after such stormwater-management plans have been approved, unless such facilities are required pursuant to a development agreement approved pursuant to the Land Development Code (LDC), Section 403. All conveyances shall occur at record plat or construction plan approval where a record plat is not required or within 90 days of the County's request, whichever occurs first. All conveyances shall include access easements, be in a form acceptable to the Real Estate Division, and be free and clear of all liens and encumbrances, including exemption from all covenants and deed restrictions. All stormwater-management plans, reports, or calculations for the developer's project shall include a detailed scope of design and permitting parameters and a signed and sealed certification that such plans, reports, or calculations comply with this condition. 17. Subject to the provisions of the Right-of-Way Preservation Ordinance, the developer shall convey at no cost to Pasco County 142 feet of right-of-way of proposed Ashley Glen Boulevard (Table 7-4, Pasco County Corridor Preservation Table, located in the Comprehensive Plan, Transportation Element, for arterial/collector and major intersection right-of-way requirements). In addition, the developer shall, at no cost to Pasco County, design, construct, provide, and obtain any and all permits required by any local, State, or Federal agency for appropriate and sufficient drainage/retention, wetland, and floodplain mitigation facilities on the developer's property or at another site acceptable to the County to mitigate all impacts associated with the initial and future planned; i.e., in the current County Comprehensive Plan Transportation Element or Metropolitan Planning Organization Long-Range Plan, improvements of proposed Ashley Glen Boulevard within or adjacent to the boundaries of the developer's property including, but not limited to, mitigation for initial and future lanes of travel, shoulders, frontage roads, sidewalks, multimodal paths, medians, and other roadway appurtenances. The required drainage/retention, wetland, and floodplain mitigation facilities shall be determined at the time of stormwater-management plan review for the portion(s) of the project adjacent to proposed Ashley Glen Boulevard, and this paragraph of this condition shall expire after such stormwatermanagement plans have been approved, unless such facilities are required pursuant to a development agreement approved pursuant to the LDC, Section 403. All conveyances shall occur at record plat or construction plan approval where a record plat is not required or within 90 days of the County's request, whichever occurs first. All conveyances shall include access easements, be in a form acceptable to the Real Estate Division, and be free and clear of all liens and encumbrances, including exemption from all covenants and deed restrictions. All stormwater-management plans, reports, or calculations for the developer's project shall include a detailed scope of design and permitting parameters and a signed and sealed certification that such plans, reports, or calculations comply with this condition. 18. Prior to the issuance of each Certificate of Occupancy (CO) for each lot, monies shall be contributed to the Tree Mitigation Fund for the caliper inches of replacement trees not planted as a result of this variance approval at a rate set by resolution of the BCC. 19. Prior to final site/construction plan approval of any project taking access from a State roadway, the owner/developer shall furnish to the DRD a Letter of Intent indicating approval and/or an approved Driveway Permit from the FDOT. Prior to the issuance of the first record plat or where a record plat is not required, prior to the first CO, the owner/developer shall provide a letter from the FDOT stating that the improvements within the State right-of-way have been inspected and completed to its satisfaction. 20. No fill shall be placed within the 100-year floodplain designation unless compensating volume to mitigate the fill is provided on site or off site within the same basin and reviewed and approved by Pasco County. Page 6 of 14
21. The owner/developer shall provide and install all required traffic-control devices associated with the project in accordance with Development Review Policy No. 32-90R dated October 16, 1990, and any amendments thereto. 22. Where excavation in excess of 30,000 cubic yards is proposed to be removed from the site by using publicly dedicated rights-of-way, roadways, or easements, a Class I Mining Permit and Conditional Use Permit shall be required in accordance with Resolution No. 93-304 as amended. Prior to construction plan approval, the developer shall submit calculations indicating the amount of excess fill that will result from development of the site. Prior to construction plan approval, the developer shall submit, along with a statement as to where and how the excess material will be disposed of, calculations indicating the amount of excess fill that will result from development of the property. 23. The owner/developer acknowledges that a Building Permit shall be obtained for all structures that have a footer, regardless of size, through the Central Permitting Division; i.e., including, but not inclusive of, buildings, accessories, and retaining walls. 24. Driveway, road, and intersection improvements requiring roadway widening and/or left-turn, storage lane construction shall also include an asphaltic concrete overlay of the entire limits of intersection improvement area to Pasco County specifications as approved by the County. 25. Unless otherwise approved, the developer shall construct all local and collector streets within the development to current Pasco County standards; however, in no instance shall roadway standards be less than those required by the State of Florida Manual of Uniform Minimum Standards. 26. All construction within Pasco County right-of-way will require a Right-of-Way Use Permit. The review and issuance of the Right-of-Way Use Permit shall be conducted in accordance with LDC, Section 311, Right-of-Way Use Permit, and must be obtained prior to commencement of construction. The developer shall ensure that any improvements installed in rights-of-way are constructed to County standards. All construction within non-county-maintained right-of-way will require a Driveway Connection Permit. The owner/developer shall obtain a Driveway Connection Permit from the DRD's New Port Richey office. 27. Curb ramps are required at all intersections of curbs and sidewalks and shall be constructed in conformance with the uniform Federal Accessibility Standards published by the General Services Administration, Department of Housing and Urban Development, Department of Defense, and United States Postal Service (Chapter 336.045, Florida Statutes [F.S.]). 28. A T-type turnaround shall be provided on all dead-end roadway stubs. Dead ends shall be barricaded in a manner found acceptable to the Development Services Branch and the Emergency Services Department. 29. The developer shall provide a Letter of Commitment and/or approval for water and/or sewer services from the Utilities Services Branch prior to preliminary plan approval. Prior to construction plan approval, the developer and the County shall enter into a Utilities Service Agreement. A Master Utilities Plan (MUP), approved by the Utilities Services Branch, is required prior to final construction plan approval. The developer shall construct all water and wastewater facilities within and external to the development to current Pasco County standards. Design and construction standards and MUP outline may be obtained from the Utilities Services Branch. 30. The developer shall install a reclaimed (reuse) irrigation system, sufficient to supply lawn irrigation to all planned areas. The quality and quantity of reclaimed water provided by the County shall meet all Florida Department of Environmental Protection (FDEP) criteria for use of reclaimed water in public access areas per requirements of the Florida Administrative Code, Rules 17-6 and 17-610. 31. In consideration of Pasco County's agreement to provide potable water and/or reclaimed water to the subject property, the owner/developer and its successors and assigns agree to the following: a. In the event of production failure or shortfall by Tampa Bay Water (TBW), as set forth in Section 3.19 of the Interlocal Agreement creating TBW, the owner/developer shall temporarily transfer to Pasco County any and all water-use permits or water-use rights Page 7 of 14
the owner/developer may have to use or consume surface water or groundwater within Pasco County for the duration of the production failure or shortfall. b. Prior to the owner/developer selling water, water-use permits, or water-use rights, the owner/developer shall notify Pasco County, and Pasco County shall have a right of first refusal to purchase such water or water-use permits or water-use rights. 32. The developer shall provide fire protection in compliance with the Pasco County Code of Ordinances, Chapter 46, Article III, and any subsequent amendments. 33. The applicant has submitted a Traffic Impact Study (TIS) which requires the following improvements: a. S.R. 54, from Suncoast Parkway to Ashley Glen Road, Six-Laning Improvements: (1) Pay $1,664,989.00, corresponding to the project's proportionate share of the improvement. In addition to the S.R. 54 six-laning, these improvements also include: (a) (b) (c) (d) (e) Relocation/reconstruction of the eastbound-southbound, right-turn lane at the S.R. 54/Suncoast Parkway southbound ramps intersection. Relocation/reconstruction of the southbound-westbound, right-turn/merge lane at the S.R. 54/Suncoast Parkway southbound ramps intersection. Required traffic signal modifications to accommodate the S.R. 54 sixlaning. Relocation/reconstruction of the eastbound-southbound, right-turn lane at the S.R. 54/Ashley Glen Road intersection. Relocation/reconstruction of the westbound-northbound, right-turn lane at the S.R. 54/Suncoast Parkway northbound ramps intersection. b. S.R. 54/Suncoast Parkway Northbound Ramps Intersection Improvements: (1) Pay $354,592.00, corresponding to the project's proportionate share of the intersection improvements. These improvements include: (a) (b) (c) (d) (e) Required traffic signal modifications to accommodate the S.R. 54 sixlaning and additional turn lanes. Construction of an additional (for a total of three) 375-foot northboundwestbound, left-turn lane, including a 50-foot taper, at the S.R. 54/ Suncoast Parkway northbound ramps intersection. Construction of an additional (for a total of two) 375-foot northboundeastbound, right-turn lane, including a 50-foot taper, at the S.R. 54/ Suncoast Parkway northbound ramps intersection. Construction of an additional (for a total of two) eastbound-northbound, left-turn lane at the S.R. 54/Suncoast Parkway northbound ramps intersection. It is noted that this improvement only requires the restriping of the existing pavement. Construction of a 1,056-foot second, northbound, receiving lane on the Suncoast Parkway northbound ramp, needed to accommodate the proposed dual, eastbound-northbound, left-turn lane at the S.R. 54/ Suncoast Parkway northbound ramps intersection. c. Ashley Glen Road Construction: Construct Ashley Glen Road from S.R. 54 to the northern property limit, for a total of approximately 1,670 feet. Ashley Glen Road will be constructed as a four-lane, divided road with an urban section. It is noted that the right-of-way provisions, design, and construction should be done in consideration of the future Ashley Glen Road six-laning. Page 8 of 14
d. S.R. 54/Ashley Glen Road Intersection: (1) Install a traffic signal at the S.R. 54/Ashley Glen Road intersection if such signal is warranted by the FDOT and if the Bexley Ranch and/or Ashley Glen Developments of Regional Impact (DRIs) fail to provide the signal as this requirement is indicated in their respective DRI development orders (DOs), documentation, or agreements. If the Bexley Ranch/Ashley Glen DRIs fail to provide the signal and Win-Suncoast, Ltd. (developer), does install the signal, Pasco County, upon collection of the proportionate share from Bexley Ranch/Ashley Glen DRIs for the signalization of S.R. 54/Ashley Glen Road, will reimburse to Win-Suncoast, Ltd., the approximately 86 percent proportionate share attributable to the Bexley Ranch/Ashley Glen DRIs for this signal (Win- Suncoast, Ltd.'s, proportionate share being 13.7 percent [$77,324.00]). (2) Pay $57,400.00, corresponding to the project's proportionate share of the S.R. 54/Ashley Glen Road intersection dual, northbound-westbound, left-turn lanes construction. (3) Lengthen existing eastbound-northbound, left-turn lane and construct a second eastbound-to-northbound, left-turn lane (for a total of two) on S.R. 54 at the Ashley Glen Road intersection at a length of 680 feet, including a 100-foot taper. (4) Construct a westbound-to-northbound, right-turn lane on S.R. 54 at the Ashley Glen Road intersection at a length of 480 feet, including a 50-foot taper. (5) Construct dual, southbound-eastbound, left-turn lanes on Ashley Glen Road at the S.R. 54 intersection at a length of 380 feet, including a 100-foot taper. (6) Construct a southbound-westbound, right-turn lane on Ashley Glen Road at the S.R. 54 intersection at a length of 300 feet, including a 50-foot taper. It is noted that upon completion, the S.R. 54/Ashley Glen Road intersection southbound approach should consist of the following: (a) (b) (c) Dual, southbound-eastbound, left-turn lanes. Shared, southbound, thru-lane/right-turn lane. Single, southbound-westbound, right-turn lane. In addition, right-of-way at this intersection should be provided in consideration of the ultimate Ashley Glen Road geometry. The final Ashley Glen Road geometry at this location will include: (a) (b) (c) (d) Triple, southbound-eastbound, left-turn lanes. Single, southbound, thru-lane. Dual, southbound-westbound, right-turn lanes. Triple, northbound, receiving lanes. e. Ashley Glen Road/Project's Driveway No. 1 Intersection (First Project Driveway from South-North): Construct a northbound-eastbound, right-turn lane on Ashley Glen Road at the project's Driveway No. 1 a length of 180 feet, including a 50-foot taper. It is noted that this driveway is a right-in/right-out connection located on the east side of Ashley Glen Road. f. Ashley Glen Road/Project's Driveway No. 2 Intersection (Second Project Driveway from South-North): Construct a southbound-westbound, right-turn lane on Ashley Glen Road at the project's Driveway No.2 at a length of 180 feet, including a 50-foot taper. It is noted that this driveway is a right-in/right-out connection located on the west side of Ashley Glen Road. Page 9 of 14
g. Ashley Glen Road/Project's Driveway No. 3 Intersection (Third Project Driveway from South-North): (1) Construct a northbound-westbound, left-turn lane on Ashley Glen Road at the project's Driveway No. 3 at a length of 300 feet, including a 50-foot taper. (2) Construct a northbound-eastbound, right-turn lane on Ashley Glen Road at the project's Driveway No. 3 at a length of 200 feet, including a 50-foot taper. (3) Construct a southbound-eastbound, left-turn lane on Ashley Glen Road at the project's Driveway No. 3 at a length of 255 feet, including a 50-foot taper. (4) Construct a southbound-westbound, right-turn lane on Ashley Glen Road at the project's Driveway No. 3 at a length of 180 feet, including a 50-foot taper. (5) Construct an eastbound-northbound, left-turn lane on the project's Driveway No. 3 at the Ashley Glen Road intersection at a length of 180 feet. (6) Construct a westbound-southbound, left-turn lane on the project's Driveway No. 3 at the Ashley Glen Road intersection at a length of 100 feet. (7) Monitor the Ashley Glen Road/Project's Driveway No. 3 intersection and install a traffic signal when signalization is warranted. Upon signal installation, the following additional improvements shall be required: (a) (b) Construct an additional northbound-westbound, left-turn lane (for a total of two) on Ashley Glen Road at the project's Driveway No. 3 at a length of 300 feet, including a 100-foot taper. Construct an additional westbound-southbound, left-turn lane (for a total of two) on Ashley Glen Road at the project's Driveway No. 3 at a length of 100 feet. h. Ashley Glen Road/Project's Driveway No. 4 Intersection (Fourth Project Driveway from South-North). (1) Construct a northbound-eastbound, right-turn lane on Ashley Glen Road at the project's Driveway No. 4 at a length of 180 feet, including a 50-foot taper. (2) Construct a southbound-eastbound, left-turn lane on Ashley Glen Road at the project's Driveway No. 4 at a length of 205 feet, including a 50-foot taper. It is noted that this driveway is a right-in/right-out/left-in connection located on the east side of Ashley Glen Road. i. The developer's total proportionate-share contributions hereunder are $2,154,305.00 (in 2008 Dollars) which are higher than the total impact fees attributable to this development. The total impact fee calculated for this development is $1,736,397.00 (in 2008 Dollars). Since the proportionate-share amount is more than the impact fee, the developer shall be assessed a surcharge on a per-trip basis in addition to the standard impact fee at the time of Building Permit issuance. The surcharge was calculated to be $386.59 per trip using 2008 impact fee and proportionate-share numbers. This surcharge shall be adjusted by a factor of 6.6 percent per year depending on when these fees are paid. This proportionate share shall not be required in the event Bexley Ranch DRI bonds the improvements for S.R. 54 as required in the Bexley Ranch DRI/DO prior to the issuance of the first CO. The applicant shall continue to pay the surcharge until such time as bonding occurs. Upon such bonding, any surcharges paid prior to such bonding shall be credited against the TIFs due. Please note that the project's conditions of approval will reflect a build-out date of December 2010, as presumed in the TIS, after which a new traffic study will be required if the project has not been completed by that time. The improvements and payments are required to be completed prior to record plat. Page 10 of 14
34. The applicant has submitted a Substandard Roadway Analysis which requires the following improvements: None 35. The traffic study submitted by the applicant assumes the following land uses: 48,600 Square Feet of Grocery Store, 14,000 Square Feet of Shopping Center, 4,700 Square Feet of High-Turnover Restaurant, Two Fast-Food Restaurants (3,000 Square Feet and 3,800 Square Feet), Two Drive-In Banks (4,120 Square Feet and 4,300 Square Feet), and Two Convenience Markets (6,000 Square Feet and 5,000 Square Feet) Any development of land use that generates greater traffic impacts than those assumed shall require an updated traffic study utilizing a methodology approved by Pasco County. In addition, where a traffic study assumes retirement, age-restricted, 55 and older, or 62 and older housing, prior to approval of each plat, or where platting is not required, prior to approval of each construction plan, the developer shall provide to the County Attorney's office executed and recorded covenants or deed restrictions that restrict the said plat or construction plan to housing for persons 55 and older or 62 and older, as applicable. The said covenants, if satisfactory to the County Attorney's office, may also be used to satisfy the first tier of the School Impact Fee Waiver and TIF reduction process. If the applicant or development fails to timely provide the required covenants or deed restrictions, or fails to comply with such covenants or deed restrictions, the applicant or development shall be required, in addition to any County remedies set forth in the County-approved covenants/deed restrictions, to submit an updated traffic study without any reduction in trip generation based on retirement, age-restricted, 55 and older, or 62 and older housing; and additional approvals within the development shall be held in abeyance until the County approves the updated traffic study and determines the appropriate transportation mitigation. The DRC, BCC, or County Administrator or his designee may impose additional conditions on the applicant or development based on the updated County-approved traffic study. Record Plat 36. If a Pasco County Global Positioning System (GPS) network point is located within the boundary of the site or within 50 feet of the same, the point shall be re-established using GPS methods and "Blue Booked" prior to the issuance of any Building Permits or the recording of any plat. Proof of the said Blue Booking shall be submitted to the County Surveyor prior to the issuance of the said permit or the recording of the said plat. If it is discovered that the said point has been destroyed by construction, then the owner/developer of the land will be responsible for payment to Pasco County in the amount of $5,000.00 each. 37. Prior to platting, or where platting is not required prior to the issuance of the first CO, the developer shall submit all necessary State and Federal permits including, but not limited to, dredge and fill, surface water, water distribution, wastewater collection, and reclaimed water from the appropriate agencies. The permit shall include the copies of the actual permit itself and all drawings that are approved by the respective regulatory agency. Any annual reports required by such agencies shall be submitted to the biologist and the stormwater engineer. 38. When drainage facilities, which are not within a previously recorded drainage easement, are utilized for off-site drainage, the owner/developer shall provide a drainage easement on the approved form, with a legal description and sketch (certified by a Registered Land Surveyor) for each off-site drainage facility. The drainage easement shall be submitted to the County Administrator, or his designee, prior to the construction plan approval of the individual unit or phase affected. Any variation from the approved stormwater management or construction plans shall be submitted to the County Administrator, or his designee, for review. 39. Two unique and/or independent corners on the boundary of the subdivision plat shall have State plane coordinates noted on them and shall be tied by bearing and distance to the current GPS network. The coordinates for the said corners shall be noted on the plat. 40. All open space, drainage areas, retention and detention ponds, recreation areas, common areas, buffer areas, and preservation areas shall be record platted as tracts and/or easements and shall be conveyed to a mandatory homeowners'/merchants'/property owners' association. Maintenance responsibility will be that of the association. 41. The developer shall create a mandatory homeowners'/merchants' association in the form of a nonprofit corporation registered with the Secretary of State, State of Florida, or, where such Page 11 of 14
association currently exists, proof of good standing shall be submitted and shall provide for the maintenance of all open space, drainage areas, common areas, buffer areas, preservation areas, recreation areas, and other special purpose areas by the said association. Prior to platting the first unit or phase, homeowners'/merchants' documents, including Articles of Incorporation with proof of being filed with the Secretary of State, State of Florida, the bylaws, restrictive covenants and conditions, and all exhibits, shall be recorded in the Clerk's Office, Pasco County, Florida, and submitted to the Engineering Services Department, Survey Division, for review along with copies of instruments to be used to convey the above-mentioned areas to the said association. 42. All areas designated as SWFWMD, FDEP, or Army Corps of Engineers (ACOE) jurisdiction on the preliminary plan subject to any SWFWMD, FDEP, or ACOE required and/or approved mitigation adjustments shall be recorded on the record plat as conservation areas. The bearings and distances of the jurisdictional lines shall be so denoted on the plat. Within these areas, there shall be no construction, clearing, filling, or improvements of any kind unless appropriate permits have been obtained allowing wetland encroachment. 43. Prior to record platting of any unit or phase, or where platting is not required, prior to the issuance of the first CO, the developer shall furnish a Letter of Commitment from the serving utility company stating that it will accept the water and sewer lines for maintenance, and the said letter shall certify that adequate domestic water and sewer services are available to meet the requirements of the LDC as specified in Section 610.12, Potable Water, and Section 610.13, Wastewater. 44. The developer shall provide streetlights along all internal collector roads and local streets in accordance with the Pasco County Code of Ordinances, Chapter 94, Article II. Streetlight agreements for service from the serving utility shall be provided to the Engineering Services Department for review and acceptance prior to record platting. The streetlight plans shall include a certification by the engineer of record, electrical utility company, or other entity acceptable to the Engineering Services Department, that the streetlights will be in conformance with the American National Standard Practice for Roadway Lighting in accordance with the provisions of the Pasco County Code of Ordinances, Chapter 94, Article II. Unless otherwise approved by the Utilities Services Branch, when the development is record platted, the development shall be included into a street lighting area. The street lighting plan shall be submitted in both hard copy and digital drawing file (formatted in AutoCAD, Arc/Info, or DXF drawing file format). 45. Prior to record platting of any unit or phase within a special taxing district, the developer shall submit documents sufficient to guarantee that all required improvements have been completed and maintenance of all improvements will be the responsibility of the taxing district. There shall be no Building Permits issued prior to record platting. 46. Unless otherwise approved by the Emergency Services Director, when the development is record platted, or where a plat is not required, prior to the issuance of the first Building Permit, the development shall be included into a Pasco County Municipal Fire Service Taxing Unit to provide fire protection. The developer shall submit a petition for inclusion into the Pasco County Municipal Fire Service Taxing Unit at the time of record plat submission, or when no plat is required, prior to the issuance of the first Building Permit. In no case shall a Building Permit be issued until such a petition has been received by the Emergency Services Director. Hard-Copy Site Development Permit 47. The owner/developer or project contractor shall notify the Engineering Services Department at least two working days prior to commencing any activity on the site. 48. Where underground water mains and hydrants are to be provided, they shall be installed, completed, and in service prior to combustibles being brought on site (National Fire Protection Association, NFPA-1, 16.4.3.1.3). 49. Prior to any construction activity, the developer shall ensure that proper erosion and sediment control measures are in place. The developer shall control all fugitive dust originating from the project site and shall indicate on the construction drawings the manner in which fugitive dust is to be controlled. Further, all retention pond side slopes and associated swales shall be sodded to prevent soil erosion. 50. If, during construction activities, any evidence of historic resources including, but not limited to, aboriginal or historic pottery, prehistoric stone tools, bone or shell tools, historic trash pits, or historic building foundation, are discovered, work shall come to an immediate stop, and the Page 12 of 14
Florida Department of Historic Resources (State Historic Preservation Officer) and Pasco County shall be notified within two working days of the resources found on the site. 51. If the site is identified on Map 3-1a, 3-1b, or 3-1c in the Comprehensive Plan as a location of known endangered and threatened species, the developer shall submit to the DRD, a copy of the approved Federal, State, or other regulatory permit, or if no permit has been issued, then the developer shall submit a copy of the application submitted to the Federal, State, or other regulatory agency prior to site development. 52. If, during construction activities, any evidence of the presence of State and Federally protected plant and/or animal species is discovered, work shall come to an immediate stop, and Pasco County shall be notified within two working days of the plant and/or animal species found on the site. 53. The developer shall provide a Letter of Commitment and/or approval for water and/or sewer services from the appropriate serving utility prior to the issuance of the hard-copy Site Development Permit. 54. The developer shall, at the time of Building Permit submittal, comply with the architectural rendering as approved by the DRC. 55. Amplified speaker/public address systems are prohibited except within fully enclosed buildings. Fully enclosed buildings do not include buildings with service bays and/or exterior walls that may be opened. 56. To prevent glare visible from off-site locations, all lighting fixtures shall be a cut-off-type fixture. The use of upward tilt and similar glare producing effects are prohibited. Floodlights are prohibited. To limit overspill of lighting onto adjacent properties, lighting must be specifically designed such that the maximum illumination measured at the property line does not exceed 0.5 foot-candle on adjacent residential sites and 1.0 foot-candle on adjacent commercial sites and public rights-ofway, measured on a horizontal plane on-grade at the property line. Prior to the issuance of the CO, an inspection shall be conducted by the Licensed Electrical Engineer of Record for the project. A signed and sealed letter shall be submitted to the County by the Electrical Engineer of Record confirming that all outdoor lighting has been installed according to the photometric plans approved by the County. This section shall supersede the lighting provisions of the Large-Scale Commercial Retail Design Standards Ordinance. Certificate of Occupancy 57. The developer shall ensure the installation of four-foot sidewalks along both sides of all streets within the development, including those areas abutting nonlot areas. All sidewalks shall be constructed to current Pasco County standards. The said sidewalks shall be constructed prior to the issuance of a CO to its corresponding lot. Along nonlot areas, sidewalks shall be constructed with the infrastructure improvements to provide an uninterrupted sidewalk network throughout the subdivision. Maintenance of the sidewalks shall be the responsibility of the merchants' association or an entity other than Pasco County. Curb ramps are required at all intersections of curbs and sidewalks and shall be constructed in conformance with the uniform Federal Accessibility Standards published by the General Services Administration, Department of Housing and Urban Development, Department of Defense, and United States Postal Service (Chapter 336.045, F.S.). Development Standards 58. The design standards are per the C-1 Neighborhood Commercial Zoning District's Lot Design Standards. 59. The developer is hereby notified that the effective date of this development approval shall be the date of the final County action; however, no activity shall commence on site until such time as the acknowledgment portion of this document is completed (including notarization) and received by the DRD. Page 13 of 14