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HomeMy WebLinkAbout2002 03 11 Other - Document was Read by Mayor Partyka Date: 031102 The following Document was read by Mayor Partyka on 3/11/02 into the record. 9t . WHEREAS, Longwood, Florida IS the "Bocci Capital of North America"; and WHEREAS, the City Administrator, John Drago of Longwood, captains a fine bocci team comprised of four (4) players, one (1) alternate and/or referee chosen from those on the City Commission Dais; and WHEREAS, the City Administrator, Ron McLemore of Winter Springs, captains another fine bocci team comprised similarly to the one mentioned above; and WHEREAS, Mayor Paul Partyka of Winter Springs has questioned the dominance of Longwood' s fine bocci team; and WHEREAS, Mayor Paul Partyka has challenged Longwood, to a bocci match to determine which City should wear the crown and bear the title "Bocci Capital of North America; and WHEREAS, Mayor Paul Partyka of Winter Springs has offered to take Mayor Paul Lovestrand and the City Administrator, John Drago to the Winter Springs McDonald's for the 99~ special if the Longwood team wins; and THEREFORE, be it resolved that Longwood hereby accepts the challenge of a bocci match on or about Colwnbus Day 2002 with the winner being declared "Bocci Capital of North America"; and THEREFORE, be it also resolved that should Winter Springs prevail, Mayor Paul Lovestrand and the City Administrator, John Drago will treat Mayor Paul Partyka and the City Administrator, Ron McLemore to lunch at Longwood's "Mona Lisa" restaurant; and NOW, THEREFORE, I, Paul Lovestrand, Mayor of the City of Longwood, do hereby proclaim October 12th, 2002, as "Bocci Day' in Longwood. IN WITNESS WHEREOF, I have hereunto set: my hand and caused the seal of the ~ of Lo~ood. to be affixed this.?t day of~:.I.w.4l,ll the year of our lord 2002 ~ ~::Jl Paul Lovestrand, Mayor A Date: 031102 The [0 11 owing Document was read into the record on 3/11/02 by Mayor Partyka. ,., OFFICE OF THE MAYOR WINTER SPRINGS, FLORIDA WHEREAS, more than fifty years ago, the horrors of the Nazi Holocaust included the murders of six million Jews and the suffering of millions Of other people at the hands of the Nazis; and WHEREAS, the atrocities of the Holocaust should be abhorred by our free society; and WHEREAS, our constant dedication to the principle of equal justice for all people is needed to prevent a re-ocurrence of such a catastrophe; and WHEREAS, it is extremely important for the citizens of our City, our State, and our Nation to join hands and hearts not only for peace, but to rid ourselves of prejudice and inhumanity, NOW, THEREFORE, I, PAUL P. PARTYKA, by virtue of the authority vested in me as Mayor of the City of Winter Springs, Florida, do hereby proclaim Sunday, April 14,2002, as "DA Y OF REMEMBRANCE - YOM HASHOAH" in the City of Winter Springs, Florida, and urge all citizens to be ever mindful of this tragedy, and to constantly strive for harmony with all people. S:l N,.. "~' ., , '''\fJ'IJlT~n;,)~ ".;> r.f;.~ :\lfI'r,'H~ 8<JI.' ':,' ,.. ,~, ..,f,.." '", f',., if'l.:~', _t. , ."...,. ""'I? < ,,'::"to ,," ..,' ''"'. ...~ 'U'_ "~"',.I" 6f~~~1 f'., '(I · ~.. ~'\" V c, Ii', ,) ,"', .,' ~'~,' ' ,'1..\ 1'" , )) t.~. ~ r- , ' ,~i~' "". '6 ) : <Ct' ,., Ii . '-: , ~' ~ :t' (~ ~6. " ' l'~ '. t<!,\. 1~'6'CfJ ,f.~~, : ' '~ '" , ~'l)~) ~. r-;: ,I",n~, , ',~rt: f;""r;f:H:t,4:4'~t't~,. '. "~"O~.,J~~~"~'" . . IN WITNESS WHEREOF, I hereunto have set my hand and caused of the City of Winter S rings to be affixed th ll'h day 0 ar ~ ~ Robert S. Miller Michael S. Blake \:J Commissioner Commissioner ~e(,\ PaulP.Partyka Mayor / \ Edward Martinez, Jr. Cindy Gennell David W. McLeod Commissioner Commissioner Commissioner jS:J~ Date: 031102 The following Document was given out under "Public Input" by Robert Corey on 3/11/02. ~ .~} AGENDA FOR STONE GABLE PRESENTATION 1. Introductions: . Tom Kearney, President Stone Gable POA . Residents of Stone Gable POA ..'. ;. 2. Purpose for Presentation: . Present and have recorded a petition signed by 85% of the Stone Gable community. . The petition objects to the plans, known ~o us, regarding a commercial . s~ipma.11 planIled.ford~v~loPm.~IltOJl,,qw._crwnlllUP1ty),~~~t~rp.,..~ '..;. ,... . ~ ",'_ . . ,"'~' . ,-'~".'- "'.T.,...._..,;-_. ".f', t: ... -',::':""" . '!'t:.~.~_' '.'.: ..~ '_.__r' " ;_ __1,,_';:.~.t::t-.'_.':';:~':-;~";;":":""!"" ~_ .:-......~..~. -,-- boarder. In an article dat~9-March.3;~the:~Pt'ando-Sentiiiel~~t~~ t~,~~':=:~,' .c,,,'. .~' the 54K sq. ft mall, nameQ Villagio, plaris"to open in the fall of2002. 3. Brief Description of our Community: . Stone Gable is located off S.R. 434, to the West of Winding Hollow and north of Park Stone. Our community consists of 50 single-family homes and includes 60 children. Stone Gable is constructed like a big circle - with a single roadway, all traffic enters and departs in the same direction. The neighborhood is quaint, and most vehicles coming in to the area either liver here or are visiting a homeowner. It is not a gated community. >) .':) 3'~. -.j-> ; 4. Brief Description of the proposed Development: . According to the enclosed article [Enclosure 1]: "Construction is to begin in three months on a 54K -square-foot retail center. The center, tentatively called Villagio, is to be built on 9 acres along State Road 434, less than a mile east of State Road 419. The center will be styled to look like an Italian village... There will be a center fountain with a semicircular building surrounding it. The facade will give the appearance of two stories in some sections, but the entire center will be one story. Berger said he hopes the center will be fully occupied and open for business by fall.. Interest has been expressed by a bank, restaurant, dry cleaner, hardware store, child-care operation and hair: , salon. Berger said the center wquld not compete with the ~~J;"ge~ Tq~.!L~~.,;: '.c Center on S.R. 434." ,.', '._"-;~-" ,:;;".:~:~~~~;~~:~~',' -. p-- .:-- ......--;-r+:..-.; - -oi -- . The 9 acre commercial development plans to destroy virtually all of .,.,.- .. the dense vegetation that currently abuts the western boarder of the neighborhood and build right up to the western lots. . The 54K sq. ft. strip mall plans to use Stone Gable Circle as a primary entrance/exit. 5. Analysis of the proposed Development: Refer to Exhibit 1 . Dating back to November 2001, members of our association have tried to better understand the scope and specific directions of this proposed development. Members of the association have met many times with the City's zoning staff to gather facts. As well, two members of the POA (Bob Keith and Kathy Snodgrass) met with representatives of the Petritti Group (Jeffrey Berger) and Cambridge Development Ltd. (Kyle Saunders). . After meeting with the Development group, it was abundantly clear that they have no concern for our community. Despite their statement in the paper: "We hope to complement that center and also serve the residents of the community." In this meeting, Jeffrey Berger stated that he would "fight like hell to pursue his use" [of Tract B], as without it he could not charge as much rent. Additionally, it was abundantly clear that the developer had no intentions on preserving the existing green buffer, to isolate our community from the negative environmental effects associated with a 54K sq. ft. commercial establishment (i.e., noise and lighting pollution, drainage, infestation, crime, and overall diminishment of the tranquility of our community). ~ 6. Traffic Analysis: Refer to Exhibits 2 and 3 . Performed using a WB-50 (Semi-tuck), which has a minimum turning radius of 45'. Two scenarios were tested, where a semi w<?uld access our community from the east: . In scenario one: the truck was unable to negotiate the turn offSR 434 and stay on the in bound (west) side of Stone Gable Circle. Such a truck will require the entire width of Stone Gable to access the Villagio. . Scenario 2: The truck successfully negotiated the turn off of SR 434 and stayed out of the outbound land of Stone Gable Circle, but was then incapable of accessing the Villagio, without riding over the Common Area, a sidewalk..", .. , . Conflict with volume of traffic:. ASide- from thlob~ious risk of ,'-. - -"', ' vehicle/vehicle accidents and pedestrian/vehicle accidents: . The proposed entrance is too close to SR434. It is only 80' from SR 434. Ifwe have three cars waiting to turn out of our subdivision it would block their entrance/exit. They, too, can block the entire inbound and outbound lanes with just a few consecutive cars exiting the shopping center. . The left turn lane into our subdivision is too short to handle the addition of the shopping center. The total length of the left turn lane is 250' plus a 50' taper (300' total). Per FDOT standard for a 50 MPH design speed, the deceleration distance is 240'. This deceleration distance is the room it takes a vehicle to come to a stop condition from 50 MPH. ('~) "? ~ ~' 7. Violations of Stone Gable Covenants: . By virtue of the recorded covenants, crafted by the Cambridge Development Co. in 1997, Common Areas shall be identified by tract on the plat or plats of the Property, and shall be subject to the dedications set forth on each plat. The term "Common Area" shall also include... (ii) any property or other areas for which the Association is required to maintain. All common area is to be maintained by the Association and devoted to and intended for the common use and enjoyment of the Members of the Association, their families, invitees, guests, and persons occupying Dwelling units on a guest or tenant basis, to the extent designated on recorded plats or authorized by the Board of Directors of the Association. . Additionally, as set forth in the covenants, section referencing Easements over Common Areas: "... that such easements shall not unreasonably interfere with the use by the Owners of the Common Area. . Additionally, as set forth in the covenants, section referencing Owner's Easements of Enjoyment for Common Areas: "Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of every lot, subject to the following provisions: (a) Every Owner shall have a right to use any of the Common Areas owned by the Association for the purpose for which such Common Facilities are reasonable intended; (b) The right of the Assoc. to dedicate or transfer, but only with acceptance from the dedicate any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Assoc. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer is approved by a 2/3 vote of each class of the Members as well as by the dedicate. 8. Additional Objections: Our principal objection is based on incompatibility (adjoining of commercial and residential areas). The specific issues we want to raise with the City of Winter Springs that yield an incompatible land use include: Public safety (traffic concerns), pollution, noise, obnoxious odors, erosion, destruction of the environment and the tranquility and livability of Stone Gable, and a potential negative impact on the value of our homes. [ ~ ~ ~ ~ 9. Request for the City of Winter Springs: . Stop the present destruction of the green buffer. . Review the site and building plans and points raised by the Stone Gable community and Association. . Disapprove any access to Stone Gable Circle. . Protect the community setting and land valuation by preserving the present tree buffer (30' is requested). . Setup a meeting with the Developer and our community. We would like to have the developer review his altered plans and have the City present to facilitate the discussion. . Keep the Stone Gable Association notified of any submissions, applications, or forums associated with this proposed development. ,) - - . ~.:w~~').". .>" A petition to the City of Winter Springs: We, the undersigned home owners, residents and voters of Stone Gable, petition the City of Winter Springs, its Mayor and Commissioners, to carefully consider the negative effects on our community if the proposed construction of a strip mall adjacent to our community is approved by city officials and its planning review departments. The immediate and serious concerns of the Stone Gable community include public safety, the preservation of the community setting, negative environmental impacts (destruction of trees, drainage, and infestation of rodents and insects). All of the aforementioned items, further discussed within, will certainly yield significant property devaluation. 1. The safety of our school-age children and overall community: During school days, school-age children of Stone Gable assemble at the designated school bus stop, located at the southeast corner of the development's entrance. The bus stop is located directly off heavily trafficked S.R. 434. There is not a traffic light at the entrance to Stone Gable, nor is any traffic control device planned. The volume and speed (in excess of 50 mph, the posted speed limit) at which vehicles traverse the community entrance increase daily. It is already difficult for residents who are familiar with the traffic pattern to safely enter or exit the property; the community entrance allows 12.5' on either side of the roadway. The proposed strip mall plans to use the community's only entrance and street (Stone Gable Circle) as a principal means of ingress and egress. The associated traffic will amplify a currently, dangerous scenario, as the increase in volume of unfamiliar drivers and introduction of commercial vehicles (which have a far greater turn radius and lesser braking speed) will inevitably yield accidents, both vehicular and pedestrian - Currently, there are an estimated 500 trips per day on Stone Gable Circle and our neighborhood contains over 60 children. Per the DOT, the required braking distance for vehicles traveling 50 mph is 240'; the proposed placement of the Villagio's access point to Stone Gable Circle is only 80' from SR 434. Even if vehicles could successfully slow, the volume of traffic alone could block egress/ingress for all Stone Gable residents. Furthermore, an analysis performed by a practicing engineer, concluded that a semi-truck (the standard class for analysis is a CW -35) cannot successful negotiate a turn off SR 434 into the Villagio entrance, without interfering with outbound vehicles (using their entire lane) or riding on the sidewalks of the community's common area. Our community is small, only fifty homes. It is constructed like a big circle - coming in and exiting the same direction. Currently, most vehicles coming in to the area either live here or are visiting a homeowner~ It is not a gated community. If the entrance to the proposed strip mall and the entrance to our community is the same, this would create an -. ''< .-' , '-..,., "'.... avenue for anyone to drive through our community, be it our of curiosity, or just not knowing where they are going. This also would make our community "known" to would be criminal activity. 2. The disruption to the peace, tranquility and livability of our community: There is no question that the peace, tranquility and livability of our community will suffer through the increased traffic, noise and pollution resulting directly from the strip mall. Heavier traffic will adversely impact our community through an obvious increase in the volume of traffic, attendant noise, and pollution levels (noise, light, and chemical). Hours of daily operation -- Sunday through Saturday -- are likely to be from 9 a.m. until 10 p.m. Noise levels, bothersome at any time of day, but especially so at night, and especially inappropriate with a bedroom community as neighbor, will be particularly noticeable as heavy vehicles -- delivering supplies and emptying garpage and trash containers at all hours -- rumble through the strip mall's road system, directly abutting many Stone Gable bedrooms and family rooms. The Winter Springs Code (Article 2, section 13-26) clearly prohibits" ....any unreasonably loud, disturbing....noise of such character, intensity or duration as to be detrimental to the life, health, comfort or repose of any individual." A strip mall and any truck traffic it would bring with it, particularly at night, clearly would bring this level of noise. I L I There is the concern of another type of pollution and this is of the battery of high-voltage lighting that will intrude into our community and directly into many constituents' bedrooms and living rooms. 3. The destruction of the environment: The strip mall will result in hundreds of mature trees being forever removed from the area hence destroying the pastoral nature and bucolic setting quality of Stone Gable. 4. The threat of an invasion of rodents in our community: Among the mall's tenants will be at least one restaurant and perhaps a number of fast food outlets, which attract rodents and insects. 5. The introduction of sanitation problems: Clearly, the strip mall and planned restaurants/fast food outlets will require the use of dumpsters for the collection of refuse, grease, and recydable materials. This introduction of malodorous, decaying waste, adjacent to family homes will present serious problems. 6. The risk of serious drainage problems, flooding, and the subsequent erosion of community property: The southwest corner of community lots abutting the proposed strip mall are almost three feet lower t!1an that of community houses. While an "A" drainage system is directed toward the street, the rear 10 or 12 feet of it drains to the west. Water also flows from north to south along this area. This is a situation that has already caused ,f;'~. '- '" drainage and erosion problems in our community and forces many of the homeowners abutting this proposed development site to invest thousands of dollars, each, to protect their homes. During heavy rains (not uncommon in Florida), drainage and erosion problems will be greatly exacerbated. The Comprehensive Plan of the City of Winter Springs cites a ".... Continued objective...to prevent any land use incompatibilities (and) lessen their cumulative impact on the City, utilizing the open space created by natural drainage features." The Plan policy statement views".... The City as a collage of regions defined by natural drainage features (and that) commercial uses shall not be permitted in residential land use categories. " 7. Diminishment of property values: Each of the concerns addressed here - public safety, pollution, noise, obnoxious odors, rodents, flooding, destruction of the environment and of the tranquility and livability of Stone Gable -- will have an immediate and lasting negative effect on the value of each and every home in Stone Gable, a community valued in excess of $7.5 million. The whole idea of a strip mall abutting and infringing traffic upon the community Stone Gable is not only a violation of the recorded covenants of Stone Gable, but is in direct contrast to the stated position of the City of Winter Springs, as its own code calls for the ".. .Protection of land uses and maintenance of property values." A strip mall adjacent to and infringing upon the Stone Gable community certainly is not in a compatible land use. F or these reasons, the Stone Gable Community and Home Owners' Association protest the development of a commercial strip mall adjacent to its property and petitions the City of Winter Springs to take the necessary actions to assist its constituents in maintaining the current residential setting, public safety and overall valuation of the community. As destruction of the tree buffer has commenced, I ask for your immediate attention to this matter. If you would like to discuss our petition, please feel free to contact me, Thomas Kearney, and I can arrange for a public meeting. We also respectfully request that we be made aware of any motions, submissions, or public documents and forums concerning such development. Sincerely, -----7 J _ _ Thoma~~ey President, Stone Gable P.O.A. 159 Stone Gable Circle, Winter Springs 407-327-4907 )' ~ 6-, ~ S ton i~ G ~ b I e P.O. A t Thomas Kearney - President 159 Stone Gable Circle Winter Springs, FL 32708 407-327-4907 POA - Community Petition We, the undersigned property owners and residents of Stone Gable, petition the City of Winter Springs, its Mayor and Commissioners, to carefully consider the negative effects on the community if construction of a strip mall immediately next to it proceeds as planned by the developers. ;, \,~_::. .~ St'one t..;~- -1 r I ~ ~ ~,-;a. \..~ I.} I '~ r ".:; (,.~,,-;.. f\ ~ '. (,,,,, . C~ . Thomas Kearney - President 159 Stone Gable Circle Winter Springs, FL 32708 407-327-4907 POA - Community Petition We, the undersigned property owners and residents of Stone Gable, petition the City of Winter Springs, its Mayor and Commissioners, to carefully consider the negative effects on the community if construction of a strip mall immediately next to it proceeds as planned by the developers. g~j;~ AJ'c.. J .': .:. " ':~;':~i~~~fH'):,~~'; - -.~. .'- .. . -."-- .'--;;-. . \; -= ~~ Stone Gabfe p O. ' 11. ~ t ~.. ,,1r~ 1,' Thomas Kearney 159 Stone Gable Circle Winter Springs, FL 32708 407-327-4907 POA - Community Petition We, the undersigned property owners and residents of Stone Gable, petition the City of Winter Springs, its Mayor and Commissioners, to carefully consider the negative effects on the community if construction of a strip mall immediately next to it proceeds as planned by the developers. -;: ........: .. ..... --"),, '.<:;: t;..: . . .._-~ . .' .: /; ~~~/':', .; " . \ ", :.'l~~~Fi~'ff!tl", " Winter Springs Town Center isn't the only commercial project going into WInter Springs. Construction is to begin in three months on a 54,000- square-foot retail center. ' 'The center, tentatively called Villagio, is to be built on 9 acres along State Road 434, less than a mile east of State Road 419. The center will be styled to look like an Italian village, said Jeff Berger, consultant for the Petretti' Group developers in WInter Park. There will be a center fountain with a semicir- cular building surrounding it. The facade will give the ap- pearance of two stories in some sections, but the 'entire center will be one story. Berger said he hopes the center will be fully' occupied and open for business by fall. No tenants have signed leas. es, Berger said, but interest has been expressed by a bank, res- taW1,Ult, dry cleaner, hardware store;' chiId-care operation and hair salon. Berger said the center would not compete with the larger Town Center on S.R. 434. L ;r", " ,.'"E~~ .:1-. I, l' Husiness Briefcase ..','..-11 , , retail center will have Italian-village des 'We hope to complement that center and also serve the residents of the community," he said. I Berger would not disclose the cost of the project. Alan Mackerley and his mother, Shirley Mackerley, of the McGabba Co. in Winter Springs own the 9-acre tract. Shopping center face lift Extensive renovation of Seminole Centre on U.S. High- way 17-92 in Sanford could be completed in May. Kevin Hipes, director of real estate for Kimco Realty Corp., said the "complicated" project took about 2V2 years and in- volved moving some businesses and closing a Publix Super Market. The work makes room for an expansion of a Wal-Mart SuperCenter. Wal-Mart purchased 19 acres of the 40-acre site, did its own remodeling and is paying for landscaping and parking improvements. Ross department store and several smaller businesses were shuffled in the renovation. I Office Depot also moved in. Hipes said the center is 100 per- cent occupied. 'Wal-Mart was looking at a property on Weldon Boulevard in Lake Mary, where the Publix is located, jf we couldn't make room at Seminole Centre," Hipes said. "Publix was amena- ble to leaving Seminole Centre because it has a successful store [on Weldon Boulevard) near- by." Meanwhile, Kimco is plan- ning to develop an estimated 9,000-square-foot pad in front of Seminole Centre. Hipes said Pay less ShoeSource has ex- pressed interest. New eatery in Longwood Markhams Sports Bar and Grill opened recently on Markham Woods Road off State Road 434 in Longwood, in a location that has been vacant for a couple of years. A Wild Jack's restaurant was the last occupant. "I'm confident and cautious- ly optimistic we'll make a gQ of it at the location because we plan an all-day, every day dedi. " I , ,.-----, '--1"---- -~ ;---- " ;~~ If:: : ,.I ~ .. i" /,',- 't.:-.. cation to the operation," said Les Brotman, chief executive officer of Brotman Restaurants Inc. . Brotman was a president of development for Red Lobster Inn of America and owner of a popular Orlando hangout' called Valentyne's. There are four dining areas, a full-service bar, a section for smoking cigars, a complimen- tary half-hour billiards play for customers waiting for tables, and 35 televisions. There are more than 90 em- ployees, half of them part-tim- ers, he said. Donato's still going up The Donato's Pizza restau- rant chain is still opening an eatery at the Casselberry Ex- change, but the chain has its, "own internal schedule" said Casselberry community devel-, opment director Dick Wells. The chain had been awaiting building permits. The restaurant successfully passed the review process sev- eral months ago and Wells said it's just a matter of time before . .-...._-~-_._.._. .-'- _..-'--"-~. . it will be under construction. The Donato's parcel fronts State Road 436 at U.S. Highway 17-92. Donato's is owned by McDo-' nald's Corp. Oviedo bank opening A fourth branch of Citizens Bank of Oviedo is opening with a '. celebration planned for March 20. The new branch is at 8305 Red Bug Lake Road. Industrial facility renovated Taylor Corp., a commercial printer and direct mail busi- ness, recently purchased a 79,000-square-foot industrial building off Lake Emma Road in Lake Mary. The facility will undergo ren- ovation that could be completed by the summer. Harkins Development Corp. in Lake Mary was selected for the project. Taylor Corp. has a head- quarters in Minnesota but plans to expand its existing Central Florida business at the Lake Mary location with office, ware-, ~ 0' house and distribul I " Firm takes,9 awa Nine assOciatE Breese, Craft, Hen sociates Real, lEst won awards from t: tral Florida Regionl Pete Craft, I par firm that has om monte Springs, V and Mount Dora, f sociates were hono council's top Award. They are J way; Lee Ungaro, the Altamonte Spl Susan Eiseman; Mclaughlin. Winners of the Award were Kathie er, manager of the 1 office; Jaime Ward Ruth Mathews; a Hummel. Jeff Reber, ER vice president, sai, franchise is its fastl in the country. Complied by Sentinel CORI Van Leer, who can be reac Joevleer@aol.com or 407-01 E~~:l.:r :i .;;I' ~fii;- '. "'::i:r;- ':iiii~!: :- It'. {. . ". ,J~_~,:,. 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"'. : . ". : . ". : . to. : . . a. . .6' . . . . . . A:.: 6',: 6:.: 6:.: 6' . ". :". .... : '., : . . : . Do, . . eo. : . ". , 110, : . ", : . . ". . ,.. . 6' '", . . eo ..... . :'" :"'. '6' :6',:6: 06: 'A:.:a:.~A:o . 110. . ~ . ..' ~ . 110, ~ . Do. '. . Do. ~ . ,Do. ~ . --- --- --- ---~ TRACT E ;r---ui-----T--- ~i i i ~: 36 : 35 : 34 , I I I I I , I , I , t--------------------- . ~ - U III -I IG C o , , I I , I I I 37 ! 38 ! 39 I I , , , , I I -~--..~-----~--- . , I I , , , . 50 149 ! 4~ I I I , , , I I III Z o t- el) \ . . /h: , . \ .. .' - ~ , <?,~ ~.tI {I,ll. f t'l :~;.. I "0 1t5"..6 KE.f'IN Prepared by: Cambridge Development,' Ltd. 242 N. WestmonteDrive AltamonteSprings, FL 32714 DECLARATJ;ON OF COVE:NANT~, CONDITIONS AND__ RESTRICTXONS FOR STONE GABLE SEMINOLE COUNTY. FLORIDA THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STONE GABLE , SEMINOLE COUNTY, FLORIDA (here- inafter referrEi\ to as the ~~claration"), is made and entered into this ~ day of .Lll~ ' 1997, by Cambridge pevelopment, Ltd., a Florida lim~t partnersh~p, whose principal mailing address is 24~ N.. Westmonte Drive, Altamonte Springs, Florida 32714 (hereinafter referred to as "Declarant"). H ~ .I Ii E S. S. E T H: WHEREAS, Declarant is the sole record owner in fee simple of certain real property (hereinafter referred to as the "Prop~rty") 'located in the City of Winter Springs, Florida, which :,; J::;, more particula;y;ly described on Exhibi t "A" att~ched h~reto_ .,and . ,~:1-~ ~- "'t~~"::l:~;;;:;~;::.~: "'~~~~~;~.:~;:*~rt~~:tnat#~~_~~;'3!%-' "WHEREAS, the Declarant desires to provide for the preservation of the values and amenities within the Property and for the maintenance of the open '~'~paces, buffer areas, entry features and other common facilities, and to this end desires to subject the Property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Property and each subsequent Owner of all or part thereof; and -1- . '":-a' ,'Pi' ~ r .... WHEREAS, it is the intention of the Declarant to develop the Property and build residential housing units thereon and/or convey to builders fully developed Lots, as hereinafter defined, which builders shall construct varying improvements on said Lots or, al ternati vely, to independently construct vary'ing improvements on said Lots; and WHEREAS, th~ Declar~nt h~s deemed it desiz:.able., for the e~ficie.nt preservation of the values and amenities within the Property to create a homeowners I association to which shall be delegated and' assigned the ,powers of maintaining and administering certain designated Common Areas (as hereinafter defined) and other facilities within the Property, which areas, where applicable, shall be specifically designated on the plat or plats of the Property; administering and enforcing this Declaration; and collecting and disbursing the assessments and charges hereinafter createdi ,and WHEREAS, Declarant shall incorporate under the laws of the,State of Florida, a non-profit corporation to be known as the STONE GABLE PROPERTY OWNERS ASSOCIATION, INC. (hereinafter referred to as the "Association"), for the purpose of exercising the functions aforesaid. .' -.~, NOW, THEREFORE, the Declarant declares that all . . .....:0 erty 1~' shall;~!;-be;::--: held '~:.;: sold",. and';:: conveyed:: subj ect . to . 'the_n~ ~:i;..;', ~\~"'k~~a~~~~~,~~xi..~~~~?~~~."-.a'"~:...~J~f':t=J,-~~.':"::.:-.t~..':" :~~:::-t:"~~._..:~ - , "7~~-:--~~t".._~u:. -:. .." ."." ~:: ~ -=..:.". 'owi~g~e.:a!t~~m. ~n~..Eh~i..:i.~~S~~,r i,:C:~;9nS~,.coyel),~~~,~::'.:;, a~d ~.-=t9C?I?:.q.~J ~ons~;::t,"::r;"=;~~7.:' -_"'~~"!l/'lIfoo-4'.~,:.p~"',~_~Pt1:!':t..........o;...~.."~~~~_.'~',:.o.~~~~~~,:, ..,.,. .......1'_..~.'. .'. ._t.___. ,..... _" - '~':=-~;:~~~~Qr~~:the,,"""purpt?sEf" 6f~?~:'i?rotecting' the'.- 'v~l ue . and' . ,-,''&-,- 'E!si'fabii'iE'y'" of'; 'and which- shall run with the Property and be binding on all parties having any r~ght, title or interest in the Property or any part thereof;" fheir heir~, successors and assigns, and shall inure to the benefit o~ each Owner thereof. -2- ~... - .' ~.",: , r ':' ARTICLE I DEFINITIONS Section 1. The following words and terms when used in this Declaration (unless contents hereof clearly indicate to the contrary) shall have the following meanings: Section 1.1 Reserved. Section 1.2 "Architectural Review Committee" or ~ "ARC" shall mean an arc hi tectura~ review committee appointed in accordance with Article VI hereof, whose duties shall be ~s set forth in Article VI hereof. ,- Section 1.3. "Articles of Incorporation" shall m~an the articles of incorporation of the Stone Gable Property Owners Association, Inc. During such time as there exists Class B - Membership, the Articles of Incorporation may not be amended without the prior written approval of ,the FHA and VA. Section 1.4. "Association" shall mean and refer to STONE GABLE PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation not for profit, its successors and assigns. II Board of Directors" shall mean the - __,H!j.;" ro~e-'.':'i'~~ OwIie~-..,.:..:..',---,.;_:- ... .,: :",,~,,; ~;C:~~~"';~~~4~~~~~; shall mean and--refei' to the purch~sers of developed Lots .fEpm Declarant for the purpose of constructing Dwelling Units" "thereon for 'the sale to third parties in the normal course of business.. Section 1.7. "Bylaws" shall mean the bylaws of the Stone Gable Property Owners Association, Inc. Section 1.8. Reserved. -3- , , ....... .f Section 1.9. "Conspicuous" shall mean when it is so written that a reasonable person ought to have noticed it. A printed heading in capitals (as: EASEMENTS RESERVED TO...) is ,conspicuous. Language in the body of a contract' is conspicuous if it is in larger or other contrasting type or color. Section 1.10. "County" shall mean Seminole County, a political subdivision of the State of Florida. Section 1.11. "Declarant" s~all mean Cambridge Development Ltd.', a Florida limit~d partnership, and its express successors and assigns, designated as set forth in Article X, Section 7 hereof. All rights, powers and privileges granted to the Declarant by this Declaration or by the Articles of Incorporation and Bylaws of the Association shall be exercised by the Declarant in such manner as it may determine. Section 1.12. "Dwelling Unit" shall mean and refer to any building or portion thereof constrJcted on a Lot and intended for use and occupancy as a Rental Uni t ,- or as a ,residence by a single family susceptible to ownership in fee simple as to which Dwelling Unit a certificate of occupancy has been issued by the applicable governmental authorities. Section 1.13. "Common Area" shall mean all real , ~~-~-~.~ - .'" ___. ,...Qyn\e-n6:.'of~1:t 'e,};:Members~'of' -the'-Association; .: whether:' a'cgu i red - by:-,~;;-~:~; ';'':::''-<:')''~'purch'["se :....O~::;~6hv~y~rice . "t:r.om "th~ . Declara'nt, it~succ'essors or . assigns, by dedication on a plat q.r plats of the Property, or otherwise. All Common Area shal~ 'be acquired by or conveyed to the Association free and clear of all. liens by warranty or special warranty deed. T,he Common Area ~hall be ident,ified by vf tract on the plat or plats of the Property, and shall be subject to the r1pr'H l";:!t:ions set fort'~ on p;:!r.h olat. The term "Common Area" shall also include: (i) the screening wall ,easement area, and (ii) a~y proDPrty or~ther areas for which the Association is ~ --- -- {9 ....".. .' " ~equired to maintain. All Common Area is to be maintained by the ASsu~.i.-aLi.<5i1ana devoEed to and intended for the common use and enjoyment of the Members of the Association, their families, invitees, guests,' and persons occupying Dwelling Units on a guest or tenant basis, to the extent designated on recorded plats: or authorized by the ~a-of Directors of the-Associat~on. ___ Section,I.14. "Common Facilities" shall mean s~ch improvements placed and/or constructed on the Comm0.!1 Area which ar'e owned by the Association ~or the use. and benefit of..:.: the Members. Section 1.15. "Lot" shall mean and refer to any plot or parcel of land shown upon a recorded subdivision plat of all or a portion of the Property which Lot is intended to have a Dwelling Unit constructed thereon; provided, however, that there shall be excluded from the definition of Lot, the Common Area, Dedicated Areas, streets, and all lands owned by the Master Association (as hereinafter defined) or the Association. Section 1.16. "Member" shall mean and refer to any Owner who is a member of the Association. .-:...,.... '. -,.~'. ~" Section 1.17. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee .L .-.~-.:J~imple ,title to any Lot, which is a part of the. Property, ~".~-~t~. ..~~ "-:i~~-'O~-~~ ':':"~';t: .s.e_ll;~_i;s;;~ii~~'~~"~"~~~:uq~_gg~t;h9se,-~ li~:tirig,~~"~~s_uch .. .iT' -~i;ttfie~fO~~f' .~'fb"fmatte~~of'!an~~oDfi~~ron( _"".r?~'fit{~i!,*~'t~':~~t:;:.: :-.:: .;:~ti::-~~~" .... ~t~~:~ean ::~'. ;~:'fr:~ the real property described in E:~ibit nAil attached hereto and c. .. .. . any Additional Land which Declarant may from time to time subject to the terms and cond~t~ons' of this Declaration in accordance witn che terms hereo~. J ~~+:~~ ....: ..._s--=:..........:::-t.. . ~L....::~;:.~~ . -~ ..:'..~~:.:;~;.. -5- '''- ,--. .; Section 1.19. "Surface Water or Stormwater Management System" means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or re-use water to prevent or reduce flooding, over-drainage, environmental degradation, and, water pollution or otherwise affect the quantity and quality of discharges. ARTICLE II RESERVED ARTICLE III EASEMENTS RESERVED TO DECLARANT AND OTHERS: PROPERTY RIGHTS Section 1. Easements for Construction and Sales. There is reserved to the Declarant, and granted to the Builders, and their respective designees, successors and assigns -. - (including, without lil!litation, their agents, sales agents, and representatives, and prospective purchasers of Lots), non- e?,clusive easements over the Common Area, . for" construc~~,on, ""c...~__~~~~~tiW:~bi~1~?ri~~~~~tf~~~~~~~1\ '~\~\<~Ul~&e~,,,t,t1.ng:,.,UnJ.ts:?~~th~n: the'. Property and' for J.ngres's ana~~~;~~s~:" 1;0::'" -:.' ,.",>..yaiid-: from construction sites at reasonable times; provided, however, that such use shall term~~~te upon the later of (i) the sale of all Lots by the Declarant or (ii)" the sale of all Dwelling Units by the Builders and thei~ express successors and assigns; and provided, further, that no !=;ll~h use by the Declarant and/or the Builders and nrner. !=;~l otherwise restrict the Owners in th~reason~h'e use and enjoyment of the Common Area. -6- "" ,. Section 2. Easements Over Common Areas. To the extent that easements over\>upon or under the Commcn Area are necessary so as to provi~ utility services to the Property, the Association and.~ach Owner, and his heirs, Successors and assigns, do here~ designate and appoint the Declarant as agent and attorney-,\t51-fact, which is coupled with an interest, with full power in\~is arne, place and stead, to execute instruments .J.. /creatin~ su~l\i eas e~ts i pro~ide.d., however, th~_t such easements . ~ not &'eas nabl interfere with the use b the Owners of e C e. For this purpose, the Declarant~shall have the right to(g an easements in perpe~uity over, under and across all, Common Ar~as l shown on any recorded subdivision plats of all or portions of the Property, together with the r~ht to grant ~ /easempnr~ t~ ~th~r~ and such easpmpnrs shall include, ~ut sh~ll 'v~ not 1 ; mi ted .!:.,.o, the right to use the said Common Area to ~ ~. rect dui ts sewers, water mains and other s i table c:x e the conveyance and use of e1ectr~c~ ty, telephone as, sewer, cable e ev~sion, wat r other ublic ut~ ities an drainage and the right to trim any ~ ~~ move any trees y after 0 ta~n~n an approved Arbor ~ Permit from the City er Springs, cut any bushes or shrubbery, make any gradings of the soil, or take any similar action reasonably necessary to provide economical and safe public convenience or utility installation or to provide for drainage and to maintain reasonable standards of health,' safety and a~~I]..s~'~~-:!~_el.,-~"ig~;~4gE.e,~~eA"~:r.t;.g:,,:-,!:.b~ Decla~,t, p:u:rs~~~t, to this iOIE~:Shcii'r-Jir'~termiriat'e~:unon~~th'e~fF~"t;:er o::E~~'.(i ked, ehe-~~sal'e 0 f : all, ""'t<-~""....~- ~-;"'''!''''~~~'1......,;,.:;.'' . '. l'~. ., .....~ ':r . ~.'.''''_~~'''_.'''''''''''''' ~~.-:. _ ~ .~:,;.~:.,,~:'l~.~-rt-;.~~ 'by th~~T'R~c.i.aranti' 'or {ii) Che ~' arrbwellfng, Unit,s by '-'-_?'~:;"'~~Bui1ders and tne~rexpress successors and assigns. L~::~ -' ...~ :!.:;: .. ..: ..~~J Section 3. Easements Over Lots. For so long as ~ Declarant is the owner of any Lot, the Declarant' hereby reserves ~to ~tself the r~ght to grant easements to itself or any other entity over each such Lot owned for purposes of ingress and egress, drainage, utility, gas, telephone, cable TV and electrical services. With respect to easements thus granted, the Declarant shall have and does hereby retain and reserve the right G .'\- . . G to release the Lot from the encumbrance of such easements; provided, however, that Declarant shall not have the power to release any portion of a utility easement on a Lot without the consent of the utilities served thereby nor without the consent ~ of the Ci ty of Winter Springs. .o~ould an easement be platted, .S~~y of Winter sp~ance ~quired to v~ the sa:~~ Section 4. Easements as Shown on Plat. Easements for access, installation and maintenance of utilities, drainaoe facilities, screening walls and landscap~ buffer areas a;~ reserved to the Association a.~ ,shoWn on the recorded ~t or -plats of t:.np PrQpeUx..:, Withi'n -'such easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of drainage channels in such easements, or which may o?struct or retard the flow of water through the drainage channels or which may be' inconsistent with such plans for sidewalks, landscape butter areas and screen~ng walls as may now ~ter bE! approved by the City. The platted easement areas of each Lot, any dra~nage swales on-a Lot and all improvements therein shall be maintained continuousl-yby the Own~E ~-r.:such Lot. ~ Section 5. Access and Drainage Easements. The ~~soci~tion shall have a perpetual non-exclusive easement over , ..:.,:>'';;;:a" -:-l~.:', areas. ,of_' the, surface, wat.er' or,;;~stormwater management system ~,_ _ '":;' {f. a'cll~Ets;~-t6.~';::o~~rate~~~:,~~~ra'in:~'~~~ei:?';i;:- th;-~" ~y~t~~;~ ,,~~:.i.~y~~ thi s ':, ': ~~_. .-'f.~';\ -.~..:: .-............. ......-r::'"_~~~ofe~.....j!.T.:.'......-.. .,:I.4i_.......~...........P... "" _.--::....':""..:f;-:-~.::;;:-...~': .~ - ~. ~ ~-. "'I"'~-o;..- ... -.- ':"7,,::~~___sement ,....the" Assocfation-"shall have the right to enter upon any " ''': ,.~-=..-- ,-- , , ':.."'~-:S:port-i-on of' any" lot whic is a part of the surface water or s.tormwater management system, a~ ...a reasonable time and in a reasonable manner. to operate," "maintain or repair the surface water or stormwater management system as .require by the St. Johns Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easement for drainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stormwater management system, including buffer areas or swales, - -8- < , . ' ./ - without the prior written apprival of the St. Johns Water Management District. Section 6. Screening Wall Easement. There is hereby reserved and granted to Declarant, Builders and the Association and their respective agents, employees, successors and assigns the right and privilege to construct, improve, repair, replace and maintain a screen~ng wall over, upon and across that portion - 'Of the -Property indicated on. the plat thereof as the "Wall Easement" (hereinafter, "the Sc~~ening W~ll Easement Are~") The Declarant, Builders - and the Association and their respective successors, agents, employees and assigns further reserve and are hereby granted an easement along the perimeter of the Lots contiguous to the Screening Wall Easement Area for the p':lrpose of ingress and egress to and from the Screening Wall Easement Area, provided that such easement shall not restrict any Owner in the reasonable 'use and enjoyment of his Lot. Section 7. Owner I s Easement of Enjoyment for Common ~. Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass wi th the title to every Lot I subj ect to the following provisions: -=J ~-'~..:, -:;';;.7.--:::_ ;'.~5:-,.::'--:;,~~"iY~~~~~__,_.(~,~;"~~~,ry~__O~~j&c:':l~-;.=;--l1.~'Y.:e.__~,'-S.;;-~gf1~":nto use. ", _ "._ ,,;.,::- -.:.,..:,--: ~.':-~.-"Gommcrn,"~: Fa:,<=l~i~i~t.i:ies, qwne,d~~tiy~~'. thei:: As socia t i-6"ti~~ ,for~~-_ the :: "_;...:!~~g~~: ,.(~'It",~~,::t~~~~r.Y.,:,.- ~~~...'~. .,~..~-_...~~...~ ,,.._ ."_ ...'...._. ~ 'P:' . ....,~,.__..:....... ',_ .~ .u;t:pqs.e.s;i-- for ,"( which s\1ch Commone. Facilities: are', ~easori.able "--~. uit~nded;'"' -,' . (b) The righ~ of the Asso~iation to dedicate or transfer, but only with acceptance from the dedicatee, all or any part of the Common Area, to any public agency, authoritYI or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such ~cation or rr~n$~~r ~n~ll be ~ff~ctive u~~~n instrument G IV...... ..' , ... . --=J agreeing to such dedication or transfer is approved by a two- thirds (2/3) vote of each class of the Members as well as by the dedicatee. Section 8. Declarat ion of Use of Common Area. Any Owner may delegate, in accordance with the Bylaws, his right or enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the Property whether on a'permanent or transient basis. ," Section 9. Establishment of Easements. All easements as provided for in this Article, shall be established by one or more of the following methods, to wit: --. (a) By a specific designation of an easement \ on the recorded plat of all or a portion of the Property; -----1 (b)' By a reservation or specific statement ) providing for an easement in the deed ,of conveyance of given Lot ~ or Dwelling Unit, or other portion of the Property; (; this Article III; or (c) By a separate instrument referencing J- ;- " (i) By virtue of the reservation of .. ...: '. ~..'.' Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be a Member.of the Association, and agrees to be bound by the terms and conditions stated herein regarding said Association, including the payment of annual Assessments of the Association; provided that any such person or entity who hold such in~erest merely as security for the perfor- -10- ..... I Article XI. Jurisdiction Notwithstanding any other Article or provision amendments may be made to this document without approval of the Ci ty of Winter Springs. The Ci ty Springs is a t~ird-party beneficiary with the right enforce ~~is dbcument. Nothi~g c~ntained herein authorizes any violations from the Code of Ordinance .- of Winter Springs, Florida. herein, no the pr~or of Winter to legally perm--tts_ or of the City (..; IN WITNESS WHEREOF, Declarant has caused these presents to be executed on the day and year first above written. Signed, sealed and delivered in the presence of: CAMBRIDGE DEVELOPMENT, LTD., a Florida Ii . ed partnership President By: By: _ 'ii~"-"S 1.0-.::12: .-~-'~-'dtii. ~ ~i-"' D~ ,a A. - ..- -_:,0,,;~E.'~~~~*:--c' :ot' ~.":.o. Printed Name ' G"Je :P;;r1~ D ..- Signature -40-