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
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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