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.
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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
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Paul Lovestrand, Mayor
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Date: 031102
The [0 11 owing Document was read into the
record on 3/11/02 by Mayor Partyka.
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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.
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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
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~ Robert S. Miller Michael S. Blake
\:J Commissioner Commissioner
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PaulP.Partyka
Mayor
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Edward Martinez, Jr. Cindy Gennell David W. McLeod
Commissioner Commissioner Commissioner
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Date: 031102
The following Document was given out under
"Public Input" by Robert Corey on 3/11/02.
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AGENDA FOR STONE GABLE PRESENTATION
1. Introductions:
. Tom Kearney, President Stone Gable POA
. Residents of Stone Gable POA
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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
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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.
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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." ,.', '._"-;~-" ,:;;".:~:~~~~;~~:~~','
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. 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).
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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Husiness Briefcase
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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.
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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.
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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
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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-,
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house and distribul
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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
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Steer ing Ang Ie : 25.10
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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-
.
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....
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-
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- .' ~.",:
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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-
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, ....... .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~.
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. -~ ..:'..~~:.:;~;..
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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.
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,.
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~::~
-' ...~ :!.:;:
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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
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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,
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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
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-.:.,..:,--: ~.':-~.-"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
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IV...... ..'
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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-
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..... 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
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