HomeMy WebLinkAbout2006 01 09 Regular 303 Amendment First Orlando Development Co
COMMISSION AGENDA
January 9,2006
Meeting
Regular
MGR./ IDEPT
Authorization
ITEM 303
REQUEST:
The Community Development Department- Planning Division requests the City Commission
approve the Second Amendment to the Development Agreement with First Orlando Development
Co., Inc. for the Landings at Parkstone townhouse development.
PURPOSE:
To approve an amendment to the Development Agreement authorizing an eight (8) foot
encroachment into the thirty-five (35) foot PUD perimeter setback for the covered porches along
SR 434 which were required as part of the Aesthetic Review.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, Florida Statutes
City Code of Ordinances, Chapter 6
City Code of Ordinances, Chapter 9
Parkstone PUD Development Criteria
Development Agreement with First Orlando Development Co., Inc., dated May 23, 2005
First Modification of the Development Agreement with First Orlando Development Co., Inc.,
dated June 6, 2005
CHRONOLOGY:
Julv 26, 2004- PUD Master Plan Amendment and Final Engineering Approval
April 6, 2004 - Applicant and staff address outstanding development agreement and homeowner
restrictive covenants issues.
the final engineering/subdivision plan and associated
Jan. 10, 2005- Revised PUD Master Plan Amendment; Final Engineering and Subdivision Plan
Approval; and Aesthetic Review Approval
@)
January 9, 2006
Regular Agenda Item 303
Page 2 of2
Mav 23, 2005- City Commission approved the Development Agreement approved and
subsequently recorded in the Officials Record Book 5752 at Pages 1747 through 1755 inclusive.
June 6, 2005- First Modification of the Development Agreement approved and subsequently
recorded in the Official Records Book 5787 at Pages 1188 through 1191 inclusive.
Aug. 8, 2005- Final Plat and Restrictive Covenants Approved
CONSIDERATIONS:
The rear elevations of the units along SR 434 and Parkstone Blvd. were embellished by the
developer in response to the Commission's directives during the Aesthetic Review process. This
resulted in greater detailing and roof line variations, including the covering of the rear patio
slabs. However, the extension of the roofline out over the patio slab unintentionally resulted in
an eight (8) foot encroachment into the thirty-five (35) foot PUD perimeter setback along SR
434. At the time the Aesthetic Review approval was given, there was no discussion of setbacks
or possible encroachment. Only the PUD setback along SR 434 was impacted; the setback
along Parkstone Blvd. was sufficient enough to accommodate the covered porch without
encroaching into that setback.
There are twelve (12) units in three (3) buildings along SR 434 that are affected by the
embellished detailing and roof line variation, including the covered porch.
The Landings at Parkstone are under construction. The applicant has applied for a building
permit for the three (3) buildings along SR 434 but this can not be issued until the encroachment
issue is resolved. Staff believes that the most appropriate way to address the encroachment is
with an amendment to the Development Agreement.
RECOMMENDATION:
Staff recommends the City Commission Approve the proposed second modification to the
existing Landings at Parks tone Development Agreement.
ATTACHMENTS:
A. Second Amendment to the Development Agreement with First Orlando Development
Co., Inc. with graphic exhibit of setback
CITY COMMISSION ACTION:
COD/December 29,2005/4:56 PM
SECOND AMENDMENT
TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the "Second
Amendment") is made and executed as of the _ day of January, 2006, by and between THE
CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City") whose address for
purposes hereof is 1126 East S.R. 434, Winter Springs, Florida 32708, and FIRST ORLANDO
DEVELOPMENT CO., INC., a Florida corporation ("First Orlando"), whose address for
purposes hereof is 337 North Femcreek Avenue, Orlando, Florida 32803.
WITNESSETH:
WHEREAS, First Orlando and the City previously entered into that certain Binding
Development Agreement for the Landings at Parkstone dated May 26, 2005 and recorded in
Official Records Book 5752 at Pages 1747 through 1755, inclusive, Public Records of Seminole
County, Florida, as modified and amended by that certain First Modification of Development
Agreement dated June 6, 2005 and recorded in Official Records Book 5787 at Pages 1188
through 1191, inclusive, Public Records of Seminole County, Florida (collectively referred to
herein as the "Development Agreement"); and
WHEREAS, First Orlando has requested an amendment to the Development Agreement
in order to meet the aesthetic requirements of the Townhome Project; and
WHEREAS, in furtherance of this request, the parties desire to amend the Development
Agreement to permit First Orlando to encroach on certain rear setbacks to meet the aesthetic
requirements for the single family townhome improvements (the "Units") being constructed on
lots within the Townhome Project.
NOW, THEREFORE, In consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Development Agreement as follows:
1. The foregoing recitals are hereby acknowledged to be true and correct and are
incorporated herein by reference.
2.There is hereby added to the Development Agreement a new Section 23 as
follows:
"Section 23. Encroachment of Rear Setbacks. All townhouse Units
constructed on lots of which the rear lot line is adjacent to S.R. 434 are
hereby permitted to encroach into the rear setback line of such lots to meet
the aesthetic requirements of the City for such Units. All such Units shall
have a roof over any patio constructed at the rear of such Unit. The depth
of encroachment for each such Unit shall be limited to eight feet (8'). The
encroachment of each such Unit shall be limited to the underlying slab of
the patio, which is covered by a roof located at the rear of the Unit. Any
overhang of the roof beyond the patio slab shall not be included in the
calculation of the overall encroachment of such patio. See "Exhibit A,"
attached hereto and fully incorporated herein by this reference."
3. Except as expressly modified by this Second Amendment, the terms and
conditions of the Development Agreement, which are not in conflict with this Second
Amendment, shall remain in full force and effect. Capitalized terms used herein, which are not
otherwise defined, shall have the meaning ascribed to such terms in the Development
Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and
seals as of the date first written above.
CITY:
THE CITY OF WINTER SPRINGS, a Florida
municipal corporation
By:
Print name:
As its: Mayor
Attest:
Print name:
As its: City Clerk
City Seal:
Approved as to form and legality for the use and
reliance of the City of Winter Springs, Florida,
only.
Dated:
By:
Anthony Garganese
City Attorney for the City of Winter
Springs, Florida.
2
Witness
FIRST ORLANDO DEVELOPMENT CO.,
IN C., a Florida corporation
Print name
By:
Hubert R. Earley
As its: President
Witness
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me as of the _ day of January,
2006 by , as Mayor for the City of Winter Springs who is
either 0 personally known to me or 0 did produce as
identification.
Notary Seal:
Notary Public
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me as of the _ day of January,
2006 by Hubert R. Earley, as President FIRST ORLANDO DEVELOPMENT CO., INC., a
Florida corporation, who is either 0 personally known to me or 0 did produce
as identification.
Notary Seal:
Notary Public
3
JOINDER AND CONSENT OF MORRISON HOMES, INC.
The undersigned, as the owner of the following described real property located within the
Townhome Project, to wit:
Lots 21, 22, 23, 24, 25, 26, 27, 28,29,30,31,32,53, 54, 55, 56, 57, 58, 65, 66,
67, 68, 69, 70, 98, 99, 100, and 101, THE LANDINGS AT PARKSTONE,
according to the plat thereof as recorded in Plat Book 68, Page 5, Public
Records of Seminole County, Florida;
does hereby join in and consent to the foregoing Second Amendment to Development
Agreement as of the _ day of January, 2006.
Signed, sealed and delivered in the presence
of:
MORRISON HOMES, INC., a Delaware
corporation
By:
Print Name:
As its:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me as of the _ day of January,
2006 by , as MORRISON
HOMES, INC., a Delaware corporation, who is either 0 personally known to me or 0 did
produce as identification.
Notary Seal:
Notary Public
4
Exhibit A
Landing at Parkstone
THIS SECOND MODIFICATION TO DEVELOPMENT AGREEMENT (the "Second
Modification") is made and executed as of the 1.51' day of FE~UAf(Y , 2006, by and
between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"),
whose address for purposes hereof is 1126 East S.R. 434, Winter Springs, Florida 32708, and
FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation ("First Orlando"),
whose address for purposes hereof is 337 North Femcreek Avenue, Orlando, Florida 32803.
WITNESSETH:
WHEREAS, First Orlando and the City previously entered into that certain Binding
Development Agreement for the Landings at Parkstone dated May 26, 2005 and recorded in
Official Records Book 5752 at Pages 1747 through 1755, inclusive, Public Records of Seminole
County, Florida, as modified and amended by that certain First Modification of Development
Agreement dated June 6, 2005 and recorded in Official Records Book 5787 at Pages 1188
through 1191, inclusive, Public Records of Seminole County, Florida (collectively referred to
herein as the "Development Agreement"); and
WHEREAS, First Orlando has requested an amendment to the Development Agreement
in order to meet the aesthetic requirements of the Townhome Project; and
WHEREAS, in furtherance of this request, the parties desire to amend the Development
Agreement to permit First Orlando to encroach on certain rear setbacks to meet the aesthetic
requirements for the single family townhome improvements (the "Units") being constructed on
lots within the Townhome Project.
NOW, THEREFORE, In consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Development Agreement as follows:
1. The foregoing recitals are hereby acknowledged to be true and correct and are
incorporated herein by reference.
2.
follows:
There is hereby added to the Development Agreement a new Section 23 as
"Section 23. Encroachment of Rear Setbacks. All townhouse Units
constructed on lots of which the rear lot line is adjacent to S.R. 434 are
hereby permitted to encroach into the rear setback line of such lots to meet
the aesthetic requirements of the City for such Units. All such Units shall
have a roof over any patio constructed at the rear of such Unit. The depth
of encroachment for each such Unit shall be limited to eight feet (8'). The
encroachment of each such Unit shall be limited to the underlying slab of
the patio, which is covered by a roof located at the rear of the Unit. Any
overhang of the roof beyond the patio slab shall not be included in the
calculation of the overall encroachment of such patio. See "Exhibit A,"
attached hereto and fully incorporated herein by this reference."
3. Except as expressly modified by this Second Modification, the terms and
conditions of the Development Agreement not in conflict with this Second Modification shall
remain in full force and effect. Capitalized terms used herein which are not otherwise defined
shall have the meaning ascribed to such terms in the Development Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and
seals as of the date first written above.
CITY:
THE CITY OF WINTER SPRINGS, a Florida
municipal corporation
Attes .
PriPt -name:
_-7'\~;its: t'tty' Cl~rk .
. ~":............t,I;",,,::_,:,;-
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It, l..Ol?fJ' J'". ..
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By: ~"*~
Print nam' 36"(\ F: f>~ h
As its: yor
~
Approved as to form and legality for the use and
reliance of the City of Winter Springs, Florida,
only.
~;~
Anthony Garganese
City Attorney for the City of Winter
Springs, Florida.
2
Wimess 1lr U,
!hD(1.'€ E /(fl iR1
Print name
1 ULL'A.. 12~
Witness
~ '3
I <-'aLA ~n.~cJ)
Print name
FIRST ORLANDO DEVELOPMENT CO.,
INC., a Florida corporation
BY:~~
Hubert R. Earley
As its: President
STATE OF FLORIDA
COUNTY OF 0 r CJX'lOf
The foregoing instrument was acknowledged before me as of the Z nd.. day of
~b"u..a.ry , 2006 by JOHN f. P]I.ISH , as Mayor for the City of
Winter Springs who is either [3' personally known to me or 0 did produce
as identification.
~ ~LU/
tary Public I
STATE OF FLORIDA
COUNTYOF OY'O-nCf
The foregoing instrument was acknowledged before me as of the ~ day
of ~b{'u n~v , 2006 by Hubert R. Earley, as President FIRST ORLANDO
DEVELOPMENT CO., INC., a Florida corporation, who is either lB1Jersonally known to me
or 0 did produce as identification.
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Notary Seal:
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Notary Public
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3
JOINDER AND CONSENT OF MORRISON HOMES. INC.
The undersigned, as the owner of the following described real property located within the
Townhome Project, to wit:
Lots 21, 22, 23,24, 25,26,27,28,29,30,31,32, 53, 54, 55, 56, 57,58,65,66,
67, 68, 69, 70, 98, 99, 100, and 101, THE LANDINGS AT PARKSTONE,
according to the plat thereof as recorded in Plat Book 68, Page 5, Public
Records of Seminole County, Florida;
BY:~ ',t/ ~
Print Name: L~sl /e ('~ iJt.kd'
As its:..[) ill ,'.s. ,. f) n Pt' -t ~s /d Il!) /.
STATE OF FLORIDA
COUNTY OF{)fOU1J~
~ ~e foregoing instrument was acknowledge~ before me as of the J 3 day of
r.e ~7L ' .J:!6 by L.eS/,<. (b. Pe.lerS , as
l " If.is./' d MORRISON HOMES, INC., a Delaware corporation, who is
either personally known to me or 0 did produce as
identification.
Notary Seal:
,,~~rt.:" NICHOl.. BOLANDER
~~. ..'t~ MY COMMISSION II DO 200376
..... .~
~. EXPIRES: July 31, 2007
.~ .. Bonded Thru NoIary Public Underwrllers
4
Exhibit A
Landings @ Parkstone
IIIIIIIIIiIININ11111111N111i1111NIi11111111HI11tIiIN1!
. ;
MARYANNE MUR5E~ CLERK OF CIRCUIT COURT
SEMINIJIE CCIi~JTY
aK 06128 Pqs 0269 - 2731 t5pgs)
CLERK'S # 2G06U27E,b2
REGt~RDED 02/20/2006 11:16:34 AM
SECOND MODIFICATIOIp~CORDINO FE25 44.00
TO DEVELOPMENT AGREEIV~D~ED av H a~iley
THIS SECOND MODIFICATION TO DEVELOPMENT AGREEMENT (the "Second
Modification") is made and executed as of the j 5r day of U 2006, by and
between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"),
whose address for purposes hereof is 1126 East S.R. 434, Winter Springs, Florida 32708, and
FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation ("First Orlando")
whose address for purposes hereof is 337 North Ferncreek Avenue, Orlando, Florida 32803.
WITNESSETH:
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WHEREAS, First Orlando and the City previously entered into that certain Binding
Development Agreement for the Landings at Parkstone dated May 26, 2005 and recorded in
Official Records Book 5752 at Pages 1747 through 1755, inclusive, Public Records of Seminole
County, Florida, as modified and amended by that certain First Modification of Development
Agreement dated June 6, 2005 and recorded in Official Records Book 5787 at Pages 1188
through 1191, inclusive, Public Records of Seminole County, Florida (collectively referred to
herein as the "Development Agreement"); and
WHEREAS, First Orlando has requested an amendment to the Development Agreement
in order to meet the aesthetic requirements of the Townhome Project; and
WHEREAS, in furtherance of this request, the parties desire to amend the Development
Agreement to permit First Orlando to encroach on certain rear setbacks to meet the aesthetic
requirements for the single family townhome improvements (the "Units") being constructed on
lots within the Townhome Project.
NOW, THEREFORE, In consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Development Agreement as follows:
1. The foregoing recitals are hereby acknowledged to be true and correct and are
incorporated herein by reference.
2. There is hereby added to the Development Agreement a new Section 23 as
follows:
"Section 23. Encroachment of Rear Setbacks. All townhouse Units
constructed on lots of which the rear lot line is adjacent to S.R. 434 are
~'
hereby permitted to encroach into the rear setback line of such lots to meet
the aesthetic requirements of the City for such Units. All such Units shall
have a roof over any patio constructed at the rear of such Unit. The depth
of encroachment for each such Unit shall be limited to eight feet (8'). The
encroachment of each such Unit shall be limited to the underlying slab of
the patio, which is covered by a roof located at the rear of the Unit. Any
overhang of the roof beyond the patio slab shall not be included in the
calculation of the overall encroachment of such patio. See "Exhibit A,"
attached hereto and fully incorporated herein by this reference."
3. Except as expressly modified by this Second Modification, the terms and
conditions of the Development Agreement not in conflict with this Second Modification shall
remain in full force and effect. Capitalized terms used herein which are not otherwise defined
shall have the meaning ascribed to such terms in the Development Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and
seals as of the date first written above.
CITY:
Attes . ~N~
Print -name:
.~1s~ its: ~`ry Clerk
.,.,
• l~ t/
e " j ,~.
pity Seal:
s _.
}~ .
.~.
`°_~
THE CITY OF WINTER SPRINGS, a Florida
municipal corporation
By:
Print nam • ,doh h F ~rc.s h
As its: yor
Approved as to form and legality for the use and
reliance of the City of Winter Springs, Florida,
only.
Dated• I ~ D~
By:
Anthony Garganese
City Attorney for the City of Winter
Springs, Florida.
2
..
. .
O
Witness ~
~+o~P~~ ~~L~y
Print name
Witness
i rc~.G, ~ZL Pn ca~.,n
FIRST ORLANDO DEVELOPMENT CO.,
INC., a Florida corporation
By: -~
Hubert R. Earley
As its: President
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me
~e~br~~,tr'v , 2006 by ~~NN F. RjU51'I ,
Winter Springs who is either CY personally known to
as identification.
Notary S a •Y, SANDIBOWKER
tir{ v
_°~" "~~„ MY COMMISSION #DD223479
~~ EXPIRES: JUN 16, 2007
Bonded through Advantage Notary
STATE OF FLORIDA
COUNTY OF rte,
as of the Z ^ °~' day of
as Mayor for the City of
me or ~ did produce
tary Public
The foregoing instrument was acknowledged before me as of the Z^ `~ day
of 2006 by Hubert R. Earley, as President FIRST ORLANDO
DEVELOPME T CO., INC., a Florida corporation, who is either C~! personally known to me
or ^ did produce as identification.
Notary Seal:
a..`-
Notary Public
3
~.
JOINDER AND CONSENT OF MORRISON HOMES, INC.
The undersigned, as the owner of the following described real property located within the
Townhome Project, to wit:
Lots 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 53, 54, 55, 56, 57, 58, 65, 66,
67, 68, 69, 70, 98, 99, 100, and 101, THE LANDINGS AT PARKSTONE,
according to the plat thereof as recorded in Plat Book 68, Page 5, Public
Records of Seminole County, Florida;
does hereby join in and consent to the foregoing Second Modification to Development
Agreement as of the / ~_ day of !fib/U~ rte, 2006.
Signed, sealed and delivered in the presence
MORRISON HOMES, INC., a Delaware
corporation
By:
Print Name: ss/~ e. (., _ ,~,,~~-Jf'
As its:~7i UiS i CL_~~S i ~~ ~
The foregoing instrument was acknowledged before me as of the / 3 day of
/'. , ^ 20 6 by L•2 S f ,'t ~n . i~,e.~ i'S as
MORRISON HOMES, INC., a Delaware corporation, who is
either personally known to me or ^ did produce as
identification.
Notary Seal:
•,;~r'•y% NICHOL BOLANDER
+?' ~=.
,,; .: MY COMMISSION # DD 200376
~:••• ~'a= EXPIRES: July 31, 2007
^~Pf F;Q; `~ Bonded Thru Notary Public Underwriters
Notary Public ~'~~~ p „ /Q~ „/~ r
4
STATE OF FLORIDA
COUNTY OF
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BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at L.a>.v
Debra S. Babb-Nutcher"
' Offices in Orlando
Kissimmee
Usher L. Brown ,
& Cocoa Joseph E. Blitch
Suzanne D'Agresta° Scott J. Dornstein
Anthony A. Garganese" Andrew M. Fisher
J.W. Taylor _ Katherine W. Latorre
~ ~ ~ ~ ~
~
Jeffrey S. Weiss ~
Paul H. McLester
- Amy J. Pitsch
~Je 9'~: 71 1 ~ .3 Ld
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
CITY OFWfN'~ ;;PRINGS
OFFICE OF 7 -'_ +,~ T'Y CLERK
Erin J. O'Leary
Of Counsel
February 28, 2006
VIA U.S. MAIL
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Winter Springs /First Orlando Development Co., Inc. -Second
Modification to Development Agreement
Dear Andrea:
Enclosed please find the original fully executed and recorded above referenced
Agreement. This original is being provided to your office for safekeeping.
Should you have any questions, do not hesitate to call.
/slb
Enclosure
Ve truly yours,
<%
~~~ ~- ~~
-~an~owker,
Assistant to Anthony A. Garganese
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
•~ ;',
'~ S
MARYANNE MGR5E
CLERK GF CGURT, 5EMINOLE CGUNTY
301 NORTH DARK AUE
SANFORD, FL 32771
407-665-4411
OATE:02/20/2006
TIME :11:16:34 AM
RECEIPT:372559
BROWN GARGANE5E WEIS5 ET AL
C,DOE - 109
ITEM -01 AGR 11:16:34 AM
FILE:200b027fi62 bK/PG:D 612$/02b3
kECOkDING FEE 44.00
Sub. Total
------- 44.00
-------
----------
AMOUNT DUE: 344.00
F'AID CHECK: $44.00
Check #:20454 344.00
TOTAL PAID: 344.00
REC BY:HBAILEY
DEPUTY CLERK
Have a Nire Day