HomeMy WebLinkAbout2016 06 13 Regular 502 Reeco DA 1st ModificationCOMMISSION AGENDA
ITEM 502
REQUEST:
Informational
Consent
Public Hearings
Regular
X
June 13, 2016 KS RS
Regular Meeting City Manager Department
The Community Development Department — Planning Division requests the City
Commission consider a Modification to the Developer's Agreement for Nursery Road
Warehouse, Phase IV, located on the south side of Nursery Road near the intersection of
Nursery Road and Talmo Street.
SYNOPSIS:
The applicant is requesting consideration of a modification to the Developer's Agreement to
allow for an eight -foot opaque fence in lieu of a concrete block wall in an effort to save
several mature trees along the rear property line. The subject property is approximately 0.94
acres in size and is zoned C -2 (General Commercial).
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
. Property owner's name(sl Reeco Properties, LLLP
. Property addresses: 1080 Nursery Road
. Property Parcel ID numbers: 33- 20 -30- 513 -OD00 -0010 and 33- 20 -30- 513 -OD00 -0120
. Current FLUM Designations: Commercial
. Current Zoning Designations: C -2 (General Commercial)
Regular 502 PAGE 1 OF 3 - June 13, 2016
. Development Agreements (if any): Developer's Agreement, February 24, 2016,
Book: 1906, Pages 1906 -1911
. Pending Code Enforcement Actions (if any): No known pending Code Enforcement
actions
. City Liens (if any): No known liens
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances, Chapter 9, Land Development
Winter Springs Code of Ordinances, Chapter 9, Article XII - Minimum Community
Appearance and Aesthetic Review Standards
Winter Springs Code of Ordinances, Chapter 20, Zoning
Binding Development Agreement - August 1, 2002. Book: 04522, Page: 1817
Developer's Agreement, February 24, 2016, Book: 1906, Pages 1906 -1911
DISCUSSION:
A Developer's Agreement was originally approved by the City Commission on February
8, 2016 which stipulates conditions for the future development of the subject property.
Paragraph 3.0 of the Developer's Agreement requires the construction of an 8 -foot
concrete block wall along the rear property line to buffer future development that is
proposed on the property from adjacent residential properties that are located within
unincorporated Seminole County. As the applicant began the early stages of site design, a
tree survey was completed. It was concluded that there were several mature trees along
the rear property line acting as natural buffers to the adjacent residential properties. The
construction of an 8 -foot block wall would require the removal of several of the
mature trees, and damage the root systems of the trees that would remain adjacent to the
wall.
In order to preserve the mature trees, the applicant is proposing to modify the Developer's
Agreement to allow the construction of either a concrete block screen wall, or a decorative
8 -foot opaque fence along the rear property line. The construction of the fence will prevent
the removal of several mature trees along the rear property line and will mitigate potential
damage to the root system of the mature trees along the rear property line that may occur
with the construction of the footers supporting the weight of the concrete block wall.
FISCAL IMPACT:
There is no direct fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
Regular 502 PAGE 2 OF 3 - June 13, 2016
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
City Staff recommends that the City Commission approve the First Modification of
the Developer's Agreement between Reeco Properties and the City of Winter Springs to
allow the option of constructing an 8 -foot opaque fence in order to save existing mature
trees.
ATTACHMENTS:
A. First Modification of Developer's Agreement between Reeco Properties and the City of
Winter Springs.
Regular 502 PAGE 3 OF 3 - June 13, 2016
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425 -9566
FIRST MODIFICATION OF
DEVELOPER'S AGREEMENT
THIS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT (the "First
Modification ") is made and executed this day of June, 2016, 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 REECO PROPERTIES, LLLP, a Florida
limited partnership ( "Developer"), whose address is 1080 Nursery Road, Winter Springs, FL
32708.
WITNESSETH:
WHEREAS, this First Modification Agreement is related to certain real property located
in Seminole County, Florida, with a property address of 1080 Nursery Road, Winter Springs,
Florida and a tax parcel identification number of 33- 20 -30- 513 -OD00 -0010 and 33-20-30-513 -
OD00 -0120, and more particularly legally described as:
Lots 1 and 12 of Block D. Talmo Subdivision, Plat Book 9, Page 10
(the "Property "); and
WHEREAS, this First Modification modifies the terms and conditions of that certain
Developer's Agreement between the parties, dated February 24, 2016, which is recorded in the
Official Records of Seminole County, Florida at Book 1906, Pages 1906 -1911.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are
hereby incorporated herein by this reference. The Effective Date of this First Modification shall
be the date on which the last party hereto timely and fully executes this First Modification
( "Effective Date ").
First Modification of Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Pagel of 3
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Modification of Paragraph 3. C of the Agreement. Paragraph 3. C of the
Agreement is hereby modified to read as follows:
C. In conjunction with the construction of any building on the Property, the
Developer shall construct a concrete block screen wall or opaque fence along the entire southern
boundary of the Property. Said wall or fence shall be subject to City permit approval in
accordance with applicable City Codes. However, the wall or fence shall be required to be eight
(8 ft) feet in height and shall be reviewed by the City for compliance with the Minimum
Community Appearance and Aesthetic Review Standards.
4.0 Existing Terms of Agreement. All other terms and conditions set forth in
the Agreement not modified by this First Modification shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
0
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
CITY OF WINTER SPRINGS
ME
Charles Lacey, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
First Modification of Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Page 2 of 3
Signed, sealed and delivered in the
presence of the following witnesses
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF _
COUNTY OF
The foregoing
, 2016,
partnership, on behalf
(NOTARY SEAL)
REECO PROPERTIES, LLLP, a Florida limited
partnership
IM
Print name /title:
Date:
instrument was acknowledged before me this day of
of said
of REECO PROPERTIES, LLLP, a Florida limited
company. He is personally known to me or produced
as identification.
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO
FULLY EXECUTE, AND DELIVER TO THE CITY, THIS FIRST MODIFICATION
WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION
APPROVES THIS FIRST MODIFICATION, THIS FIRST MODIFICATION SHALL
AUTOMATICALLY BE DEEMED NULL AND VOID.
First Modification of Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
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