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HomeMy WebLinkAbout2006 01 23 Regular Item 304 Vistawilla Office SR 434 CITY COMMISSION January 23, 2006 Meeting Regular X ITEM 304 MGR / DEPT REQUEST: The Community Development Department requests the City Commission consider the final engineering/site plan for Phase I and its associated development agreement (DA) of the Vistawilla Office, located on the south side of SR 434, just west of the Greeneway interchange. PURPOSE: To review the final engineering/site plan for the Phase I of a 79,800 square foot (S.F.) office complex, comprised of two (2) 3-story, 39,900 S.F. buildings on a 9.17 acre site abutting SR 434 within the Tuscawilla Planned Unit Development (PUD). Phase I includes the westernmost building and its associated parking area and dumpster - Phase II includes the second building, its associated parking, and use of an existing curb-cut that serves the Cross-Seminole Trail. Final Engineering/Site Plan for Phase II will be approved, permitted, and constructed separately. The site is subject to the SR 434 New Development Overlay Zoning District regulations (sections 20-463 through 20-474) and existing development agreement and settlement agreement. The applicant proposes either an amendment to the existing development agreement or a new development agreement (please see attached) - whichever is acceptable to the City Attomey - to allow the buildings to be constructed closer than the 50 foot front setback set forth in Section 20- 465 (a), as noted in the existing development agreement. APPLICABLE LAW: Chapter 166, Florida Statutes. City Comprehensive Plan Chapter 5 (Code), Tree Protection and Preservation. Chapter 9 (Code). Land Development. Chapter 20 (Code). Zoning. January 23, 2006 Regular Item 304 Page 2 of8 CHRONOLOGY: March 28, 2005- Mr. Tom Corkery commented during public input on his desire to construct two "beautiful" office buildings on property available on the south side of SR 434 and east of the Hess station. August 22, 2005- Conceptual Plan approved by the City Commission (relative to the reduced setback from 50' to 25' along SR 434) for construction of two office buildings totaling 79,000 SF. January 4,2006- The Planning and Zoning Board recommended the Phase I site plan be approved, subject to conditions. CONSIDERATIONS: OVERVIEW: The 9.17 acre site is located on the south side ofSR 434 within an undeveloped portion ofthe Tuscawilla PUD (north-east comer of Tuscawilla) that is designated for- commercial uses. It has a Commercial Future Land Use designation. The portion of the site that is proposed for development (for both Phase I & Phase II) contains very few trees that exceed the 4-inch caliper threshold for consideration as a tree, pursuant to Chapter 5 of the City Code. The onsite wetland is included in an existing conservation easement (recorded in Official Record Book 3424, Page 651). An existing storm-water management pond (drainage & retention easement O.R.B. 3424, Page 643), located in the southeast portion of the site, adjacent to the north side of the Eagle's Watch Phase II subdivision (Plat Book 50, Pages 20-21), will accommodate runoff from the site. CONCEPTUAL APPROVAL & CODE DEVIATIONS: A non-binding conceptual approval was granted for the project by the City Commission on August 22,2005, for two (2) 39,500 S.F. buildings. The Commission and staff both supported a deviation from the 50 foot SR 434 building setback, to move the buildings closer to the SR 434 right-of-way (ROW). No site lighting plan has been provided, although required by Code - the applicant is waiting on Progress Energy to prepare the plan (staff supports the site plan moving forward without the lighting plan, subject to said plan being properly coordinated with the landscape plan to avoid conflicts, ensuring no off-site spillage greater than 0.5 foot candles, and that the plan be approved, and lighting properly installed before any certificate of occupancy is issued). Any deviation from the Code that is consistent with existing law, the Comprehensive Plan, and other applicable state, federal, or regional regulations must be adequately addressed through a development agreement or other appropriate mechanism determined acceptable by the City Attorney. PARKING: Commission comments during the Conceptual review included concerns about a resulting sea of asphalt. The code includes provisions to provide visual and climatic relief from broad expanses of pavement. Section 20-468 (14) c of the SR 434 Overlay District requires that parking areas are divided into distinct areas of not more than 40 cars per bay. Phase I meets this criteria, however Phase II (as illustrated on the attached plans) does not and therefore is not to be considered at this time. 2 January 23, 2006 Regular Item 304 Page 3 of8 LISTED SPECIES: The site contains at least one gopher tortoise burrow. The applicant proposes to relocate the gopher tortoise(s) to a safe on-site location before construction commences and will provide the City with copies of applicable permits and approvals at or before the pre-construction conference that precedes any clearing or other site development activities. The north-east comer of the site is within approximately 1,100 feet of the former location of a tree that had held an eagle's nest (on the northeast side of the Greeneway interchange at SR 434). The applicant's environmental consultant, Breedlove, Dennis & Associates (BDA) states that the nest was determined "inactive" during the 2003-2004 nesting season and "gone" during the 2004-2005 nesting season. The current nest is reported to be in the remains of a dead tree and is deteriorating; adjacent suitable nest trees are also dead; the consultant states that they believe it is unlikely that the dead pine tree will be used for nesting. BDA has provided staffwith a copy of the U.S. Fish & Wildlife Service "CLEARANCE TO PROCEED WITH CONSTRUCTION ACTIVITIES ADJACENT TO BALD EAGLE NESTS" letter of December 13, 2005. ACCESS & TRAFFIC: The site has access to SR 434 through the existing curb-cut at the northeast comer of the Hess station (a reciprocal driveway easement, recorded in O.R. B. 3424, Page 654) and through the existing curb-cut that the Cross-Seminole Trail uses for access. Access will also be provided to and from Vistawilla Drive through the access road, located on the south side of the existing Hess gas station. The paved portion of the access road presently ends in a cul-de-sac located on the subject property (temporary access easement: O.R.B. 3424, Page 661). The applicant has submitted a traffic study that has been determined acceptable by the City Engineer. Phase I has been determined acceptable, with no on-site or off-site improvements required and no Level of Service (LOS) deficiencies found. Each building requires 100 parking spaces, pursuant to Section 9-277 (24) of the City Code. The applicant proposes 138 spaces in Phase I, five (5) of which must be handicap accessible (8 HC spaces are required for the entire project), pursuant to Chapter 11 of the Florida Building Code. Accessible spaces serving a particular building must be located on the shortest safely accessible route of travel from adjacent parking to an accessible entrance to that building. UTILITIES: Dumpsters, transformers, backflow preventers, HV AC equipment, and other utility items, as well as storage facilities must be adequately screened from public ROWs, pursuant to Section 20-473. All on-site utilities must be installed underground, pursuant to Section 20-471. Potable water and sanitary sewer are provided through an existing 50 foot wide easement (O.R.B. 4437, Page54) that extends generally east and west through the site, just north of the wetland and the storm-water pond, basically aligning with the access road that intersects Vistawilla Drive at the south of the Hess station. 3 January 23, 2006 Regular Item 304 Page 4 of8 1. The Vistawilla Office site is located on the south side of SR 434, west of the Greeneway interchange and east of the Hess gas station, within both the Commercial portion ofthe Tuscawilla PUD and within the SR 434 New Development Overlay Zoning District. 2. The Vistawilla Office Phase I Final Engineering/Site Plan is consistent with the Comprehensive Plan; it is consistent with the City Code, except as noted below. 3. Approval of the Vistawilla Office Final Engineering/Site Plan is for Phase I only. Phase II will require revisions to the engineering before it is ready for approval. 4. Additional code deviations must be adequately addressed through a development agreement, waiver, or variance, as may be deemed necessary and/or appropriate by the City Attorney. The conceptual approval of the deviation from the City Code to allow buildings to be constructed closer than 50 feet from the SR 434 ROW line [subsection 20-465 (a)] has not yet been formalized. In addition, a lighting plan [subsections 20-467 (j) and subsection 20-473 (h)] has not been submitted as required by code and the applicant is asking that it be submitted is another deviation from the Code that must be formalized. 6. The attached development agreement needs the City Attorney's review and approval. PLANNING & ZONING BOARD ACTION: At its regularly scheduled meeting of January 4,2006, the Planning and Zoning Board recommended 5 to 0 that the Phase I site plan be approved, subject to conditions. RECOMMENDATION: The Planning and Zoning Board and staff recommend that the City Commission approve the Vistawilla Office Phase I final engineering/site plan and the associated development agreement, subject to the findings stated above. ATTACHMENTS: A Authorization B. Minutes of August 22,2005, Commission meeting C. Draft January 4,2006 P&Z Minutes D. Draft Development Agreement E. Final Engineering and Landscape Plans for Phase I CITY COMMISSION ACTION: 4 06/08/2005 14:15 4073274755 WINTER SPRINGS BLDG PAGE 01/01 ATTACHMENT A SULLIVAN PROPERTIES, INC. March 23, 2005 City of Winter Springs 1126 State Road 434 Winter Springs, Florida 327=)8 RE: Parcel #31-20 .31- 5 BB- 000-019F To Whom it May Concern: Please accept this letter as at tho! h:atio~ for Congressional Homes and Builders, Inc. and Tom Corkery to apply for applicaf iom, pemlits and any governmental authorizations for development of the property located at Stete ROid 434 and Vistawilla Drive (tax parcel 10 #31-20-31-SBB- 0000-019F). If you have any questions or req\li::e any additional information, please feel free to call. Sincerely, Robert Yeager OFFICE COPY BP# O5-02675 CITY OF WNTER SPRINGS TUSC05\LR Winter Springs.o323.doc 130 S. 0range Avenue #300 · Orlando, Florida 32801 Telephone · 407/425-6623 FAX. 407/422-1924 January 23,2006 Regular Item 304 Page 60f8 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING AUGUST 22, 2005 REGULAR 504. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 2-Phase, 79,000 Square Foot Office Development On 9.17 Acres In The Tuscawilla Planned Unit Development (PUD), Located On The South Side Of SR (State Road) 434, Immediately Adjacent To The East Side Of The Hess Station, Located At The Intersection Of S.R. (State Road) 434 And Vistawilla Drive. Mr. Baker introduced this Agenda Item. With discussion, Commissioner Miller said, "I am wondering if we need to discuss the parking, Ron [McLemore] - at some point, because it is just a huge parking lot - it is just all asphalt. And if that is the only way we can have two (2) office buildings then so be it, but I think we need to look seriously at some alternative." Tape 3/Side B Further discussion. COMMISSIONER McGINNIS SAID, "AREN'T YOU GOING TO DO A PARKING STUDY ANYWAY?" MR. BAKER SAID, "THAT WILL BE PART OF THE SITE PLAN REVIEW." "I WILL MAKE A MOTION THAT WE APPROVE ITEM '504' RELATIVE TO THE SETBACK FROM THE [STATE ROAD] 434 RIGHT OF WAY." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE CONSIDER OR HAVE THE DEVELOPER - LOOK INTO THE POSSIBILITY OF A PARKING GARAGE ON THE SITE THAT WOULD FREE UP A LOT OF THE AREA AS PART OF HIS PARKING CONCEPT STUDY." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. 6 January 23, 2006 Regular Item 304 Page 7 of8 YOTE: (ON THE AMENDMENT) DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. YOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush said, "Need a Motion to extend the Meeting." "SO MOYED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. COMMISSIONER McGINNIS ADDED, "ONE HOUR." DISCUSSION. YOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. 7 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 4, 2006 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, January 4, 2006, was called to order at 7:03 p.m. by Chairman William Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William Poe, present Vice Chairperson Rosanne Karr, present Board Member Tom Brown, present Board Member Linda Tillis, present Board Member Ned Voska, present Note: Roll Call of the Beautification of Winter Springs Board Members and Roll Call of the Tuscawilla Lighting and Beautification District Advisory Committee Members which were invited to attend the Planning and Zoning Board/Local Planning Agency Meeting to hear the Presentation of the Parliamentary Procedures (Informational Consent Item 100). Roll Call: (Beautification of Winter Springs Board) Board Member Alice Bard, present Roll Call: (Tuscawilla Lighting and Beautification District Advisory Committee) Chairman Gary Hillery, present After a moment of silence, Board Member Ned V oska led the Pledge of Allegiance. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES ff- PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 4, 2006 PAGE20F6 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The City Attorney Review Of Parliamentary Procedures. Assistant City Attorney Kate Latorre presented this Agenda Item. Discussion. Board Member Tom Brown stated for the Record that a City Attorney or a Representative should attend the Planning and Zoning Board/Local Planning Agency Meeting on a regular basis. Discussion. Attorney Latorre stated, "I will pass the word along." Vice Chairperson Rosanne Karr said, "I agree with Tom [Board Member Brown]. I think it is a good idea to have the Attorney here." Chairman Poe said, "I have two (2) [Board Members] that are speaking in favor of having the Attorney present at each and every Meeting." "I WOULD LIKE TO MAKE A MOTION THAT THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REQUEST THAT AN ATTORNEY OR AN ATTORNEY'S REPRESENTATIVE BE PRESENT AT OUR MEETINGS." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER VOSKA: AYE BOARD MEMBER TILLIS: NAY CHAIRMAN POE: NAY BOARDMEMBERBROWN: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. Chairman Poe said, "The Planning and Zoning [Board]/Local Planning Agency requests that the City Commission - if it is possible to bring a City Attorney or their Representative to all P and Z [Planning and Zoning Board] Meetings." Board Member Linda Tillis stated to Attorney Latorre, "I would just like to thank you for your presentation. I think it was very well done and I think it was to the point and exactly what we needed." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES ~ PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY . REGULAR MEETING - JANUARY 4, 2006 PAGE 3 OF 6 Regarding the next Agenda Item, Ms. Eloise Sahlstrom, A1CP, ASLA, Senior Planner, Community Development Department indicated that, "The Applicant requested a postponement. " Chairman Poe stated, "I - would like to express the appreciation of this Board on a fine presentation, nice job." Attorney Latorre said, "Thank you for allowing me to be here." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider A Notification Of Proposed Change (NO PC) To Parcel 14 Of The Oviedo Marketplace Development Of Regional Impact (DR!) By The Viera Company. Ms. Sahlstrom introduced this Agenda Item and stated, "The reason for the postponement is that the - State had some objections." Tape I/Side B Discussion ensued on this Agenda Item. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I WOULD LIKE TO MOVE THAT WE POSTPONE ITEM '200' TO DATE CERTAIN OF FEBRUARY 1ST, [2006]." MOTION BY BOARD MEMBER TILLIS. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 4, 2006 PAGE40F6 REGULAR AGENDA REGULAR 300. Office Of The City Clerk Election Of Officers. "I WOULD LIKE TO MAKE A MOTION THAT [VICE CHAIRPERSON] ROSANNE KARR BE THE CHAIRPERSON." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE CHAIRMAN POE: AYE BOARD MEMBER TILLIS: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. "I NOMINATE [BOARD MEMBER] LINDA TILLIS FOR VICE CHAIR[PERSON]." MOTION BY BOARD MEMBER BROWN. SECONDED BY CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER TILLIS: AYE CHAIRPERSON KARR: AYE BOARDMEMBERPOE: AYE MOTION CARRIED. REGULAR 301. Community Development Department Requests The Planning And Zoning Board Consider The Final Engineering/Site Plan For Phase I Of The VistawiIIa Office, Located On The South Side Of SR (State Road) 434, Just West Of The Greeneway Interchange. Ms. Sahlstrom presented this Agenda Item and stated, "Weare asking you to recommend Approval for Phase I only." Discussion. Mr. Boomer Cardinale, Vice President, Congressional Homes, 1491 East State Road 434, Unit 103, Winter Springs, Florida: commented on the lighting issue. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES ~ PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY . REGULAR MEETING - JANUARY 4, 2006 PAGE 5 OF 6 "I RECOMMEND THE PLANNING AND ZONING [BOARD] RECOMMEND APPROVAL OF THE SITE PLAN FINAL ENGINEERING PLAN OF PHASE I OF THE VISTAWILLA OFFICE PROJECT LOCATED ON THE SOUTH SIDE OF STATE ROAD 434 JUST WEST OF THE GREENEW AY INTERCHANGE." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARDMEMBERPOE: AYE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN : AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: spoke regarding his current proj ect. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The December 6, 2005 Regular Meeting Minutes. "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT THE MINUTES FOR DECEMBER 6TH, 2005 REGULAR MEETING MINUTES." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER POE: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. Referencing the last Meeting, Chairperson Karr asked, "Why the problematic areas of the discussion were not listed in the Minutes." Deputy City Clerk Joan Brown stated, "I can check with Andrea [Lorenzo-Luaces, City ClerkJ. " CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 4, 2006 PAGE 6 OF 6 INFORMATIONAL AGENDA INFORMATIONAL 500. None 600. REPORTS Board Member Brown noted his thanks to the Attorney [Latorre]. Attorney Latorre said, "Thank you very much. I appreciate that." Further discussion ensued on a City-wide survey. ADJOURNMENT "I WOULD LIKE TO MAKE THE MOTION TO ADJOURN." MOTION BY CHAIRPERSON KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairperson Karr adjourned the Meeting at approximately 8:21 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: ROSANNE KARR, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the Meeting. , 2006 Planning And Zoning Board/Local Planning Agency ATTACHMENT D THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Patrick K. Rinka, Esq., Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY FIRST MODIFICATION OF DEVELOPER'S AGREEMENT THIS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this day of , 2006, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and VISTA WILLA OFFICE CENTER, LLC, a Florida limited liability company ("Vistawilla"), whose address is 1491 East S.R. 434, Unit 103, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, Robert Yeager, Trustee ("Yeager") and the City previously entered into a binding Developer's Agreement dated April 13, 1998 and recorded May 13, 1998 in Official Records Book 3424, Page 0611, of the Public Records of Seminole County, Florida (the "Developer's Agreement"), relating to certain real property located in Seminole County, Florida and more particularly described therein (the "Property"); and WHEREAS, Vistawilla purchased the Property from Yeager and is the current fee simple owner of the Property; and WHEREAS, Vistawilla has requested an amendment to the Developer's Agreement in order to modify certain site development requirements set forth therein; and WHEREAS, in furtherance of this request, the parties desire to amend the Developer's Agreement, all under the terms and conditions contained herein. First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Developer's Agreement as follows: 1. Recitals; Capitalized Terms. The recitals set forth above are true and correct and are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms utilized herein shall have the same meaning as set forth in the Developer's Agreement. 2. Limitation on Required Wall. Notwithstanding anything set forth in Section 3 of the Developer's Agreement to the contrary, the City hereby agrees that no wall shall be constructed or installed within any designated wetland areas located upon the Property described on Exhibit "A". 3. Building Setbacks. The building setback for the Property described on Exhibit "A" shall be reduced to twenty-five feet (25') from the adjacent right-of-way line of State Road 434 in recognition of the enhanced landscaping contemplated upon such Property. 4. Lighting Plan. City approval of the lighting plan for the Property described on Exhibit "A" shall be a condition to the issuance of a building permit for such Property. The City hereby agrees that a site work and construction permit maybe issued to Vistawilla prior to submission or approval of the lighting plan. 5. Effect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC . - 2- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS ATTEST: By: John F. Bush, Mayor By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this _ day of , 2006. (NOTARY SEAL) Notary Public My commission expires: First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC . -3- Signed, sealed and delivered in the presence of the following witnesses: VISTA WILLA OFFICE CENTER, LLC, a Florida limited liability company By: Thomas J. Corkery, President Signature of Witness Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of January, 2006, by Thomas J. Corkery, as President of VISTA WILLA OFFICE CENTER, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -4- THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Patrick K. Rinka, Esq., Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. V55 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY FIRST MODIFICATION OF DEVELOPER'S AGREEMENT THIS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this 27th day of February, 2006, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and VISTA WILLA OFFICE CENTER, LLC, a Florida limited liability company ("Vistawilla"), whose address is 1491 East S.R. 434, Unit 103, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, Robert Yeager, Trustee ("Yeager") and the City previously entered into a binding Developer's Agreement dated April 13, 1998 and recorded May 13, 1998 in Official Records Book 3424, Page 0611, of the Public Records of Seminole County, Florida (the "Developer's Agreement"), relating to certain real property located in Seminole County, Florida and more particularly described therein (the "Property"); and WHEREAS, Vistawilla purchased the Property from Yeager and is the current fee simple owner of the Property; and WHEREAS, Vistawilla has requested an amendment to the Developer's Agreement in order to modify certain site development requirements set forth therein; and WHEREAS, in furtherance of this request, the parties desire to amend the Developer's Agreement, all under the terms and conditions contained herein. First Modification to Deve]oper's Agreement City of Winter Springs and Vistawilla Office Center, LLC NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Developer's Agreement as follows: 1. Recitals; Capitalized Terms. The recitals set forth above are true and correct and are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms utilized herein shall have the same meaning as set forth in the Developer's Agreement. 2. Limitation on Required Wall. Notwithstanding anything set forth in Section 3 of the Developer's Agreement to the contrary, the City hereby agrees that no wall shall be constructed or installed within any designated wetland areas located upon the Property described on Exhibit "A". 3. Building Setbacks. The building setback for the Property described on Exhibit "A" shall be reduced to twenty-five feet (25') from the adjacent right-of-way line of State Road 434 in recognition of the enhanced landscaping contemplated upon such Property. 4. Lighting Plan. City approval of the lighting plan for the Property described on Exhibit "A" shall be a condition to the issuance of a building permit for such Property. The City hereby agrees that a site work and construction permit maybe issued to Vistawilla prior to submission or approval of the lighting plan. 5. Effect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC - 2- 0082037\] ]96]9\915131\1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS CITY SEAL APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date By: Anthony ganese, City Attorney for the City of Winter Springs, Florida ATTEST: By: Debra Franklin for Andrea Lorenzo Luaces, City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this 27th day of February, 2006 (NOTARY SEAL) Notary Public My commission expires:06-16-07 First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC - 3 - 0082037\119619\915131\1 Signed, sealed and delivered in the presence of the following witnesses: VIST A WILLA OFFICE CENTER, LLC, a Florida limited liability company BOOMER CARDINALE Printed Name of Witness Date: 1/31/06 LISA CREWS Printed Name of Witness STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 31st day of January, 2006, by Thomas J. Corkery, as President of VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. KATHRYN L. WHITE NOTARY PUBLIC, STATE OF FLORIDA COMMISSION NO. DD0355961 MY COMMISSION EXPIRES: 6-17-08 (NOTARY SEAL) First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC - 4- 0082037\1 ]96]9\9]5]3]\1 LEAGAL DESCRIPTION (YEAGER PARCEL) THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING SOUTH OF THE RIGHT-OF-WAY FOR S.R. 434 PER RIGHT OF WAY MAP SECTION 77070-2517 AS RECORDED IN OFFICIAL RECORDS BOOK 2301, PAGE 1485. LEGAL DESCRIPTION: (VISTAWILLA PLAZA B PARCELS BY RS& H Reynolds, Smith and Hills, Inc. Architectural, Engineering, Planning and Environmental Services 10748 DEERWOOD PARK BOULEVARD, SOUTH JACKSONVILLE, FLORIDA 32256 AUGUST 19TH, 2005 OWNER/APPICANT BARCLAY HOLDINGS, LLC 1085 W. MORSE BLVD, SUITE A WINTER PARK, FL 32789 PHONE, (407)539-2646 LEGAL DESCRIPTION:(VISTWILLA PLAZA B PARCELS) DRAINAGE NOTES ROADWAY NOTES UTILITIES NOTES VISTAWILLA PLAZA B OWNER'S ASSOCIATION, INC. VISTAWILLA BASIN 1 (320 B) PHASE 1 BUILDING 3-STORY OFFICE 39,900 S.F. PHASE 2 BUILDING 3-STORY OFFICE 39,900 S.F. PHASE 1 BUILDING 3-STORY OFFICE 39,900 S.F. PHASE 2 BUILDING 3-STORY OFFICE 39,900 S.F. EXISTING RETENTION POND PHASE 1 BUILDING 3-STORY OFFICE 39,900 S.F. F.F. ELEV.=40.00 PHASE 2 BUILDING 3-STORY OFFICE 39,900 S.F. F.F. ELEV.=40.00 EXISTING RETENTION POND PHASE 1 BUILDING 3-STORY OFFICE 39,900 S.F. PHASE 2 BUILDING 3-STORY OFFICE 39,900 S.F. EXISTING RETENTION POND WETLANDS MULTILAND,TWO-WAY, URBAN DIVIDED OR UNDIVIDED DAY-NIGHT OPERATIONS F.D.O.T INDEX NO.623 (1OF2) TYPICAL TYPE "C" INLET DETAIL PAVEMENT STORM SEWER MANHOLE STORM SEWER TYPE "E" INLET HANICAPPED SYMBOL TYPICAL DUMPSTER ENCLOSURE DETAIL TYP, PAVEMENT MARKING HANDICAPPED SYMBOL TYPICAL HANDICAP PARKING SIGN PIPE IDENTIFICATION AND WARNING TAPE TEMPORARY BYPASS FIRE HYDRANT ASSEMBLY MINIMUM HORIZONTAL SEPARATION REQUIREMENTS FOR POTABLE, RECLAIMED, AND SEWER LINES SEWER LATERAL DETAIL BELOW GRADE FLUSHING HYDRANT DETAIL F.F.ELEV.=40.00 EXISTING RETENTION POND TUBIDITY BARRIERS STAKED HAY BALE HAY BALE BARRIERS TYPE 1 & 11 SABAL PALM PLANTING DETAIL NOT TO SCALE TREE PLANTING DETAIL NOT TO SCALE PHASE 1 BUILDING 3-STORY OFFICE 39,900 S.F. PHASE 2 BUILDING 3-STORY OFFICE 39,900 S.F. EXISTING RETENTION POND NOZZLE CHART HEAD DETAIL REMOTE CONTROL VALVE CENTRAL CONTROL SYSTEM THRUST BLOCKS