HomeMy WebLinkAbout2006 08 28 Regular 307 Vista Willa Office
Date: August 28, 2006
The following Regular Agenda Items were not
discussed during the August 28, 2006 City
Commission Regular Meeting, due to the City
Commission Meeting not being extended.
CITY COMMISSION
AGENDA
August 28, 2006
Meeting
Regular
ITEM 307
MGR Dept.
REQUEST:
The Community Development Department requests the City Commission consider and approve
the final engineering/site plan for Phase II of the Vistawilla Office Center, located on the south
side of SR 434, just west of the Greeneway interchange, subject to conditions.
PURPOSE:
To review the Final Engineering/Site Plan the Phase II of a 79,800 square foot (S.F.) office
complex, comprised of two (2) 3-story buildings on a 9.17 acre site abutting SR 434 within the
Tuscawilla Planned Unit Development (PUD). Phase I included the westernmost 39,900 SF
building and its associated parking area and dumpster - Phase II includes the second 39,900 SF
building, its required parking (Sec. 9-277), additional parking, and use of an existing curb-cut
that serves the Cross-Seminole Trail.
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. There is
an existing development agreement (DA), which (1) allows the buildings to be constructed closer
than the 50 foot front setback set forth in Section 20-465 (a), (2) exempts the wall between the
development and the adjacent residential development from being constructed through a wetland,
and (3) allows the lighting plan to be submitted and the lights installed and operating before any
certificate of occupancy (CO) for either ofthe 2 buildings.
APPLICABLE LAW:
Chapter 166, Florida Statutes.
Comprehensive Plan
Development Agreement (as amended)
Chapter 5 (Code), Tree Protection and Preservation.
Chapter 9 (Code). Land Development.
August 28, 2006
Regular Item 307
Page 2 of8
Chapter 20 (Code). Zoning.
CHRONOLOGY:
August 22, 2005 - City Commission approved Conceptual Plan (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 - P&Z recommends approval of Phase I final engineering/site plan.
January 23,2006 - City Commission approved final engineering/site plan for Phase I and
development agreement (DA).
February 8, 2006 - Preconstruction conference.
March 8, 2006 - Groundbreaking ceremony.
April 24, 2006 - City Commission approved aesthetic review for both buildings.
June 12,2006 - City Commission approved DA amendment to allow lighting before CO.
August 2, 2006 - P&Z recommended approval of the Phase 2 final engineering/site plan (which
includes phase 2 landscaping)
CONSIDERATIONS:
OVERVIEW: The 9.17 acre site is located on the south side ofSR 434 within an undeveloped
portion of the Tuscawilla PUD that is designated for commercial uses. It has a Commercial
Future Land Use designation. The portion ofthe site that is proposed for development (for both
Phase I & Phase II) contained very few trees that exceeded the 4-inch caliper threshold for
consideration as a tree, pursuant to Chapter 5 of the City Code. The on-site 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 ofthe Eagle's Watch Phase
II subdivision (Plat Book 50, Pages 20-21), has been modified to accommodate runoff from the
site. There is a small (0.04 acre) off-site wetland adjacent to the southeast comer of the site.
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 DA allowed a
deviation from the 50 foot SR 434 building setback, to move the buildings closer to the SR 434
right-of-way (ROW).
The property abuts single family residential (Eagle's Watch Phase II) and a 6' masonry wall is
required between the proposed development and the existing subdivision. The DA provides that
the wall will not be built through any wetland area.
2
August 28, 2006
Regular Item 307
Page 3 of 8
The DA also allows the lighting plan to be provided and lighting to be operational before a
certificate of occupancy is issued for either of the 2 proposed buildings. The applicant and
applicants for other projects have recently experienced considerable delays in their lighting plans
from the power company.
PARKING: During the Conceptual review, the Commission voiced concern about a potential
"sea of asphalt." The code includes provisions to provide visual and micro-climatological 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. Due to high
expected demand, Phase II includes both the parking required by Section 9-277 of the Code as
well as that which had been proposed for the future, located in the southeast comer of the site.
LISTED SPECIES: The site contains at least one gopher tortoise burrow. The applicant
relocated the gopher tortoise(s) to a safe on-site location before clearing began and provided the
City with copies of the applicable permit. The north-east comer of the site is within
approximately 1,100 feet ofthe 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) stated 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 stated that they believe it is unlikely that the dead
pine tree will be used for nesting. BDA has provided staffwith a copy ofthe 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 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 proposed 138 spaces in
Phase I, five (5) of which were required to 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
3
August 28, 2006
Regular Item 307
Page 4 of 8
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.
FINDINGS:
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 of the
Tuscawilla PUD and within the SR 434 New Development Overlay Zoning District.
2. The Vistawilla Office Phase II Final Engineering/Site Plan is consistent with the
Comprehensive Plan.
P&ZACTION:
At its regularly scheduled meeting of August 2, 2006, the Planning and Zoning Board voted to
recommend approval of the Vistawilla Phase 2 final engineering/site plan, subject to conditions.
RECOMMENDATION:
The Planning and Zoning Board and staff recommend that the City Commission approve the
Vistawilla Office Phase II final engineering/site plan, subject to the following conditions:
1. the landscape and irrigation plan will be revised to the satisfaction of the Urban
Beautification Manager and City Arborist;
2. the dumpster will be designed and constructed pursuant to sections 9-280 and 9-281 of
the City Code - separate details will be provided to City specifications and a separate
building permit is required for the dumpster enclosure;
3. the 25' upland buffer from the small off-site wetland must be conveyed to the City in a
conservation easement before issuance of a certificate of occupancy for the Phase II
building;
4. the monument sign must go through the aesthetic review process (may also be subject to
the 5/13/98 DA).
ATTACHMENTS:
A Development Agreement (and modification)
B Draft August 2, 2006 P &Z Minutes
C Final Engineering and Landscape Plans for Phase II
CITY COMMISSION ACTION:
4
ATTACHMENT A
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
P Brown, Garganese, Weiss & D'Agresta, P.A.
255 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FOR RECORDING DEPARTMENT LISE ONI.Y
SECOND MODIFICATION OF DEVELOPER'S AGREEMENT
THIS SECOND MODIFICATION OF DEVELOPER'S AGREEMENT (the
"Agreement") is made and executed this 12th day of June , 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 VISTAWILLA
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 Otlicial
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, VistawilIa and the City previously entered into a f'irst Modification of
Developer's Agreement, dated February 27, 2006, and recorded March 8, 2006 in Official
Records Book 06151, Page 0042 - 0047 of the Public Records of Seminole County, Florida
("First modification"), relating to certain real property located in Seminole County, Florida, and
more particularly and legally described in the First Modification; and
WHEREAS, Vistawilla has requested an amendment to the First Modification 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.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the First Modification as follows:
Second Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center, LLC
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 and First
Modification.
2. Lighting Plan. Paragraph 4 Lighting Plan of the First Modification is hereby
amended to read as follows:
City approval of the lighting plan for the Property described on Exhibit "A" shall be a
condition to the issuance of a building permit certificate of occupancv 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.
3. Effect of Amendment. All other terms and conditions of the Developer's
Agreement and First Modification, not in conflict with this Amendment, shall remain in full
force and effect.
[SIGNATURE BLOCKS BEGIN ON NEXT PAGE]
Second 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
John F. Bush, Mayor
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs.
Florida only.
Date: 6/12/06
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 111\\ day of J \.lJ\L ,2006.
SANDI BOWKER
MY COMMISSION # DD223479
EXPIRES: JUN 16, 2007
Bonded through Advantage Notary
Notary PubIic.
My commission expires: June 16, 2007
(NOTARY SEAL)
Second Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center. LLC
- 3 .
Signed, sealed and delivered in the
Printed Name of Witness
Lisa Crews
Boomer Cardinale
VISTA WILLA OFFICE CENTER, LLC, a
Florida limited liability company
Thomas J. Corkery, President
Date: 6-13-06
STATE OF FLORIDA
COUNTY OF SEMINOLE
2_ The foregoing instrument was acknowledged before me this 13th day of
June, 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)
Kathryn L. White
(Print Name)
Notary Public, State of Florida
Commission No.: DD0355961
My Commission Expires: 6-17-2008
Second Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center. LLC
-4-
THIS INSTRUMENT WAS PREPARED BY
AND SHOUID BE RETURNED TO:
Patrick K. Rinka, Esq., Esquire
Lowndes, Drosdick, Doster. Kantor & Reed, P.A.
215 North Bola 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.
55 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~
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.
Frist Modification of Developer's Agreement
City of Winter Springs and Vistawilla Office Center,
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 othetwise 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
"An 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
John F. Bush, Mayor
ATTEST: Debra Franklin
By: Andrea Lorenzo Luaces, City Clerk
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date
By:
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
CITY SEAL
STATE OF FLORIDA
COUNTY OF SEMINOLE
(NOTARY SEAL)
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 the.y 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 this21st day of February, 2006.
Notary Public
My commission expires:
SANDI BOWKER
MY COMMISSION #00223479
EXPIRES: JUN 16. 2007
Bonded through Advantage Notary
First Modification to Developer's Agreement
City of Winter Springs and Vislawilla Office Center, LLC
-3-
Signed, sealed and delivered in the
presence of the following witnesses:
Boomer Cardinale
Lisa Crews
VISTA WILLA OFFICE CENTER, LLC, a
Florida limited liability company
Thomas J. Corkery, President
Date: 1-31-06
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this 31 st 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.
(NOTARY SEAL)
: KATHRYN L. WHITE
Notary Public, State of Florida
Commission No. DD0355961
My Commission Expires: 6-17-08
First Modification to Developer's Agreemenl
City of Winter Springs and Vistawilla Office Center, LLC
-4-
0082037\119619\915131\1
LEGAL DESCRIPTION: (YEAGER PARCEL)
THAT PORTION OF THE FOLLOWING DESCRIBED AND LYING SOUTH OF THE RIGHT-OF-WAY FOR S.R. 434 PER RIGHT-Dr-WAY MAP SEC1l0N. 77070-2517 AS RECORDCD IN OFFICIAL
RECORDS BOOK 2301, PAGE 1486.
COMMENCE AT THE: NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH, RANGE EAST, SEMINOLE COUNTY, FLORIDA, THENCE RUN S 00'24'55" E ALONG THE F:AST LINE OF
THE NORTHEAST N OF SAID SECTION 8 FOR A DISTANCE OF 205.56 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE LAKE CHARM BRANCH OF THF: SEAB0ARD COAST LINE
RAILROAD (100' R/W); THENCE RUN N 54'34'57" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINF: FOR A DISTANCE OF 293.14 FEET TO A POINT ON A CURVE: CONCAVE:
SOUTHWESTERLY HAVING A RADIUS OF 1959.19 FEF:T AND A CHORD BEARING OF N 66'56'09" W; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE: AND SAID
NORTHERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 24'44'10" FOR A DISTANCE OF 845.83 FEET TO THE POINT OF TANGENCY; THENCE RUN N 79'18'14" W ALONG
SAID NORTHERL Y RlGHT-OF-WAY LINE FOR A DISTANCE OF 691.2S FEn TO THE POINT OF CURVATURE OF A CURVE: CONCAVE: SOUTHWESTERL Y HAVING A RADIUS OF 2612.09 FEET
THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE: AND SAID NORTHERLY RIGHT-OF'-WAY LINE THROUGH: CENTRAL ANGLE OF 1I'46'J8" FOR A DISTANCE OF 536.92
FEET TO THE POINT OF TANGENCY: THENCE RUN S 88'55'O5" W ALONG SAID NORTHERLY RIGHT-OF-WAY UNF: FeR A OISTANCE OF 96.48 F'EE:T TO THE EASTERLY RIGHT-OF-WAY
LINE OF PROPOSED VISTAWILLA DRIVE AND A POINT ON A CURVE: CONCAVE: SOUTHEASTERLY HAVING A RADIUS OF 460.00 FEET AND A CHORD BEARING OF N 44'53'28" E; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE: AND SAID EAST[RLY RIGHT-OF-WAY LINE THROUGH A CENTRAL AHGLE OF 69'00'18" FOR A DISTANCE OF554.01 F'CET TO
THE POINT OF REVE:RSE CURVATURE OF A CURVE: CONCAVE: NORTHWF:STERlY HAVING A RADIUS OF 79aoo FEn AND A CHORD BEARING OF N 44'50'50" E; THENCF: RUN
NORTHEAST[RLY ALONG THE ARC OF SAID CURVE: AND SAID EASTERLY RIGHT-OF-WAY L1NF: THROUGH A CENTRAL ANGlE OF 69'05'33" FOR A DISTANCE or 952.S5 FEF:T TO THF:
POINT or BEGINNING: THENCE CON7JNUE NORTHERLY ALONG SAID EASTERLY RIGHT-or-WAY LINE AND SAID CURVE: HA..,NG A RADIUS OF 79aoo FTET AND A CHORD BEARING OF N
05'22'51" E THROUGH A CfNTRAl ANGlf OF 09'50'25" FOR A DISTANCE or 135.68 FEET TO A POINT OF NON-TANGENCY; THENCE RUN N OS"O'IS" E ALONG SAID EASTERlY
RIGHT-OF-WAY LINE FOR A DISTANCE OF 100.50 FEET: THENCE RUN N 00'27'J8" F: ALONG SAID F:ASTERL Y RIGHT-or-WAY UNE FOR A DISTANCE OF 214.99 FEET TO THE POINT
OF CURVATURE OF A CURVE: CONCAVE: SOUTHEASTERLY HA""NG A RADIUS OF' 25.00 FTET; THF:NCF: RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE: THROUGH A CENTRAL
ANGle OF .90'00'00" FOR A DISTANCE OF J9.27 FEET; THENCE RUN S 89'32'22" E ALONG A LINE THAT IS 25.00 FEET SOUTH OF AND PARAllEl WITH THE SOUTH RIGHT-or-WAY
LINE OF STAT[ ROAD 434 FOR A DISTANCE OF 404.53 FEET; THENCE RUN N 00'27'38" E FOR A DISTANCE or 25.00 FEET TO SAID SOUTH RIGHT-OF-WAY LINE; THeNCE RUN S
89'32'22" E ALONG SAID SOUTH RIGHT-Or-WAY LINE FOR A OISTANCE OF 639.86 FfF:T TO THE WEST RIGHT-OF-WAY lINf OF THE BLACK HAMMOCK BRANCH OF THE SEA80ARD
COAST LINE RAILROAD; THENCE RUN S 06'21'38" WALONG SAID WF:ST RIGHT-OF-WAY L1NF: FOR A DISTANCE or 502.66 frET; THF:NCE LEA\IING SAID WEST RIGHT-OF-WAY LINE
RUN N 89'32'22" FOR A DISTANCE OF 7039.34 F'CET TO THE POINT OF BEGlNNING.
lESS AND EXCEPT THA T lAND OWNED BY AMERADA HESS CORPORATlON AND DESCRI8m AS FOLLOWS:
A PORTION OF LOT 19. PHILLIP RANGE GRANT, AS RECORDED IN PLAT BOOK, PAGE I, PAGES 35 THRU 38, PUBLIC RECORDS OF SF:MINOlE COUNTY, FLORIDA, IN SEC7JON 5,
TOWNSHIP 21 SOUTH, RANGE 31 EAST, MORE PAR1lCUlARl Y DESCRIBED AS FOLLOWS: .
FORM THE MOST NORTHEASTERLY CORNER OF VlSTAVILLA DRIVE:, AS RECORDED IN PlA T BOOK 47, PAGES 60 de 61, OF THE PUBUC RECORDS OF SEMINOlE COUNTY. FLORIDA, SAID
CORNER ALSO 8E1NG ON THE SOUTHERLY RIGHT-OF-WAY liNE OF STATE ROAD 4J4, AND BEING THE POINT OF BEGINNING, RUN THENCE S 89'34'41" E (S 89'47'38" E R/W MAP)
ALONG THE SOUTHERLY RIGHT-Or-WAY LINE OF SAID STATE ROAD 434 A DISTANCE OF 250.00 FEET; THENCE DEPAR7JNG THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD
""4 RUN SOO"25'19" W AT RIGHT ANGLES A DISTANCE OF 241.68 F'CET TO AN INTERSECTION WITH THE NORTH LINE or THE 50.00 FOOT mDE ACCESS AND U1ll/TY EASEMENT
DESCRIBfD HERE/NArTER; RUN THENCE N89'39'14" W (S89'35'48" E EASEMENT DESCRIP1lON) ALONG THE NORTH lINE or SAID 50.00 FOOT WIDE ACCESS AND U7JlITY EASF:MF:NT A
DISTANCE OF 2$167 F'EE:T TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE or SAID VISTA WILLA DRIVE:; RUN THENCE ALONG THE EASTERl Y RIGHT-OF-WA Y liNE OF
SAID liISTAWllLA DRlIIf: THE FOllOWING COURSES AND DISTANCES, NOS'06'50" f (506'10'16" W PLAT) A DISTANCE or J4.92 FTET TO THAT POINT or INTERSECTION AS SHOWN ON
THE PLAT OF SAID VISTAWILLA DRIVE:; THENCE NOO'28'4S" f (500'27'38" W PLAT) A DISTANCE OF 207.28 FtET TO THE PONT OF 8F:GINNING.
LESS AND EXCEPT THOSE LANDS OWNED BY VISTA WILLA PLAZA 8, INC. AND DESCRI8ED HEREON AS "\IISTAWllLA PLAZA 8 PARCELS".
LEGAL DESCRIPTION: (VISTA WILLA PLAZA B PARCELS)
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK I, PAGES .5-38. PUBLIC ReCORDS OF SEMINOLE COUNTY, flORIDA,
LOCATED IN SECTION TOWNSHIP 21 SOUTH, RANGE AST. AND MORE PARTICULARLY DESCR/BED AS FOlLOWS: CO/./MeNCE AT THE NORTHEAST CORNER OF V1STAWlLLA DRIVE.
AS RECORDED IN PLA T BOOK 47, PAGES 60-61, PUBLIC RECORDS OF SEMINOLE COUNTY, flORIDA, RUN THE FOLLOWING COURSES AND DISTANCES ....LONG THE EASTE:RL Y
RIGHT-OF-WAY LINE or SAID I-1STAWlLLA DRIVE; THENCE S0077'')8"W, A DISTANCE OF Z07.J4 FEn; THENCE S06'O'IlS"W, .... OlST....NCE OF 81S.17 FEET FOR A
POINT OF BEGINNING; THENCE D!PARTlNG SAID RIGHT-OF-W....Y LINE, RUN 589'.)"48'!, A DlST....NCE or BOO.67 FEET; THENCE: S0077'38"W, A DISTANC( OF 1.51.07 FEn TO
A POINT ON THE NORTH LINE or EAGLES WATCH PHASE TWO, AS RECORDfD IN PLAT BOOK '0, PACfS Zo-ZI, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE
N89'.)Z'ZZ"w, ALONG S....,D NORTH LINE AND THE NORTH LINE OF EAGLES WATCH PHA$( ONf:, ....S RECORDf:O IN PLAT BOOK 49, PAGES 8-9, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, A DISTANCE OF JI...'4 FEET; THf:NCE DEPARTING SAID NORTH LINE, RUN NZ877"8"W, A DISTANCE OF lOJ.45 FEET; THENC( N.5879'04"W. A
DISTANCE OF 86,88 FEET; THENCE N85'JO'JO"W. A DISTANCE OF 7J.96 FEET; THENCE 589,,,,'Z6"W, A DISTANC! OF 9Z.38 FfH; THENCf S70'lJ'Z6"W, A DISTANce OF
46.S') FEET; THENCE S"''5J'07"W. A DISTANCE OF 93.17 FEET; THENCE SZ076'","W. A DISTANCE OF .56.79FEET TO A POINT ON THE AFOREMfNTlONED NORTH L1Nf:;
THENCE N89'.)Z'Z2"W, ALONG SAID NORTH LINE, A DISTANCE OF 83.68 FEfT TO A POINT ON THf AFOREMfNTlONED fASTERLY RIGHT-OF-WAY UNf OF I-1STAWlLLA DRIVE:
SAID POINT BDNG ON A CURvr, CONCAvr ~STE:RL Y, HAVING A CENTRAL ANGlf OF 09'50'Z6" AND A RADIUS OF 790.00 FEET; THENC! . DEPARTING SAID NORTH LINE, FROM
A TANGENT BEARING or NIO'lS'O,5"E, . RUN NORTHEASTE:RLY ALONG THE ARC OF SAID CURvr AND SAID RIGHT-OF-WAY UNE, A DISTANCE or !J5.68 FEfT; THENC!
DEPARTING SAID CURvr, RUN N06'lO'I6"E, A DISTANCf OF' 15.J.3 FfET TO THE POINT OF BEGINNING. CONTAINING 1.7"2 ACRES, MORE OR Lf:SS.
A PORTION OF LOT 19, M....P OF THE PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK !, PAGES 3.5-38, PU8L1C RECORDS OF Sf:MINOlE COUNTY, FLORIDA,
LOCA TED IN SECTION 5, TOWNSHIP ZI SOUTH, RANGE 31 EAST, AND MORE PARTlCULARL Y DESCRIBED AS FOkLOWS: COMMENCE AT THE NORTHEA'ST CORNER OF VlSTAWlLLA DRIVE,
AS RECORDED IN PLAT 800K 47, PAGfS 60-61, PUBLIC RECORDS OF $(IoI/NOLE COUNTY, FLORIDA, RUN THE F'OLLOI'tfNG COURSfS AND DISTANCfS ALONG THE EASTf:RLY
RIGHT-OF-WAY UNE OF SAID VISTA WILLA DRIVE; THENCE SOO'Z7'38"W, A DISTANCf OF Z07.3" FEET; THENCe S0610'16"W, A DISTANCE OF 100.50 FEn TO A POINT
ON A NON- TANGfNT CURvr, CONCAvr NORTHWfSTE:RL Y, HAVING A CENTRAL ANGLE OF' 09'50'26" AND A RADIUS OF 790.00 FEET; THENCf FROM A TANGENT BEARING
OF S0077'.39"W RUN SOUTH~STE:RL Y ALONG THE ARC or SAID CURvr, A DISTANCE OF IJ5.68 FEET TO A POINT ON THE NORTH LINE OF EAGLES WATCH PHASE ONE.
AS R~CORDED IN PLAT 800K 49, PAGES 8-9, PU8l1C RECORDS OF seMINOLE COUNTY, flORIDA; THENCf DfPARTlNG SAID CURVE AND SAID RIGHT-OF-WAY LINE, RUN
SS9'.)Z'2Z"E, ALONG SAID NORTH LINE, A DISTANCE OF 83.68 FEET FOR A POINT OF 8EGINNING; THENCE DEPARTING SAID NORTH LINE, RUN I';IZ076 '''5 "E, A DISTANCE OF
56.79 FEET; THENCE N"''SJ'07"E, A DISTANCf OF 9J.17 .FEET; THENCE N70'lJ'26"E, A DISTANCf: OF 46.SJ FrET; THV/CE N89'4"26"(, A DISTANCE OF 9Z.J8 FEH;
THENCE SIl,5'JO'JO"E, A DISTANCE or 73.96 FEET; THENCE S5879'04"E, A DISTANCE OF 86.88 FEET; THENCE S2877'58"E, A DISTANC! OF 103.'" FEET TO A
POINT ON THE AFOREMENTIONED NORTH LINE; THENCe N89'JZ'22"W. A DISTANCE OF 415.59 Ff:fT TO THE POINT OF BEGINNING. CONTAINING 1.0"5 ACRES, MORE OR LESS.
A PORTION OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT, AS RECORDeD IN PLAT 800K I, PAGES J5-JB, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
LOCA TE:D IN seCTION " TOWNSHIP 21 ScNTH, RANGE JI EAST, AND MORE PARTlCULARL Y Of SCRIBED AS FOlLOWS: COMMENC~ AT THf NORTHEAST CORNER OF VISTA WILLA DRIVE,
AS RECORDeD IN PLAT BOOK "7, PAGES 60-61, PUBLIC RECORDS OF SEMINOlE COUNTY, FLORIDA. RUN TH! FOlLOWING COURSES AND DISTANCES ALONG THE EASTERLY
RIGHT-OF-WAY LINE or SAID VISTA WILLA DRIVE; THENCE S0077'J8"W, A DISTANCE OF Z07.J" FEET; THENC! S06'lO'16"W. A DISTANCE OF J4.92 FE[T FOR A
POINT or BEGINNING; THENCE: DEPARTING SAID RIGHT-ClF'-WA Y LINE, RUN S89'J5'''8''E:, A DISTANCE OF 479.!0 F'EET; THENCE SOO'2""Z"W. A DISTANCE OF 50.00 FUT;
THENCE N89"3"48"W, A DISTANce or 484. IS FEET TO A POINT ON THE AFOREMENTIONED EASTE:RL Y RIGHT-OF-WAY LINE; THENCE RUN N0610'16"e, ALONG
SAID EASTF:RLY RIGHT-OF-WAY LINE, A DISTANCE OF 50.25 FEET TO THf POINT OF BEGINNING. CONTAINING 0.55.3 ACRES, MORf OR LESS.
.
ATTACHMENT B CITYOFWINTERSPRINGS,FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 2,2006
PAGE40F8
REGULAR AGENDA
REGULAR
300. Community Development Department
Requests The Planning And Zoning Board Consider The Final Engineering/Site
Plan For Phase II Of The Vistawilla Office Center, Located On The South Side Of
SR (State Road) 434, Just West Of The GreeneWay Interchange.
Mr. Baker introduced this Agenda Item and said, "We do recommend Approval subject
to - [Staff] Conditions."
Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the
Advisory Board Members on this project. Mr. Corkery said, "I have three (3) accesses to
the property." Mr. Corkery said, "I have a 'Right in', 'Right out', 'Left out' here. This is
the portion sitting next to Jetta Park.
1 will have ingress and egress from the Hess Station here which will be a joint drive that
was already agreed to originally years ago and also off of Vistawilla Drive which is
current today, so there are going to be three (3) ingresses and egresses on the property."
Board Member Brown asked, "Are there going to be an egress off of [State Road] 434?"
Mr. Corkery said, "There already is."
Mr. Corkery said, "I started it as an office condo and because the market changed, 1 really
have lost a lot of my deals that 1 had on it and it really was not doing very well at all. So,
we just started putting it up for lease. 1 am changing the buildings from office condo to
lease and it is incredible. 1 have two (2) huge anchor tenants for both buildings." Mr.
Corkery said, "The response is absolutely tremendous. So, we broke ground on [Phase I]
Building I." Mr. Corkery then said, "February [2007] my tenants will start moving in.
Four (4) months after that, 1 want to start the second building." Mr. Corkery stated,
"Plenty of parking."
Regarding the buildings, Board Member Brown said, "I think they look great. 1 think
they are beautiful. A real addition to the City of Winter Springs." Mr. Corkery said,
"Thank you very much."
Board Member Poe said, "Was there some discussion when we talked about Phase I,
about lighting?" Mr. Corkery said, "They want to make sure that the lighting was not
going to protrude into the residential homes behind me, which it is not." Mr. Corkery
said, "That has already been reviewed and approved by the City." Board Member Poe
said, "So, that has been addressed?" Mr. Corkery said, "Right. Which are really
upgraded lights. The landscaping plan 1 have - Staff will have to double check - because
how 1 understand it, Phase I, my landscaping is all approved for the project."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 2,2006
PAGE50F8
Mr. Corkery then said, "And I believe that that is all approved right now - so, I would
like Staff to double check with Randy Stevenson and the people that were there that
evening on that Approval."
Board Member Ryser asked, "The residents of Eagle's Watch, have they had any..." Mr.
Corkery said, "Sure, I have had probably seven (7) or eight (8) meetings with them - we
sat and talked and have addressed everything with them." Mr. Corkery then said, "It is
all really working out very well. We are working very well together with that community
and with the President of that HOA [Homeowner's Association] and some of the other
Officers of that Homeowner's Association - we absolutely have no problems with each
other. They support everything that I am doing. They are glad buildings were pushed up
and closer to the road."
Regarding the parking spaces, Mr. Corkery said, "I have approximately four point three
(4.3) parking spaces per thousand square feet."
"I WOULD LIKE TO MAKE A MOTION THAT THE PLANNING AND
ZONING BOARD RECOMMEND APPROVAL OF PHASE II OF THE
VISTAWILLA OFFICE FINAL ENGINEERING SITE PLAN SUBJECT TO THE
FOLLOWING CONDITIONS:
1. THE LANDSCAPE AND IRRIGATION PLAN WILL BE REVISED TO
THE SATISFACTION OF THE URBAN BEAUTIFICATION
MANAGER AND THE CITY ARBORIST;
2. THE DUMPSTER WILL BE DESIGNED AND CONSTRUCTED
PURSUANT TO SECTIONS 9-280. AND 9-281. OF THE CITY CODE -
SEPARATE DETAILS WILL BE PROVIDED TO CITY
SPECIFICATIONS AND A SEPARATE BUILDING PERMIT IS
REQUIRED FOR THE DUMPSTER ENCLOSURE;
3. THE TWENTY-FIVE FOOT (25') UPLAND BUFFER FROM THE
SMALL OFF-SITE WETLAND MUST BE CONVEYED TO THE CITY
IN A CONSERVATION EASEMENT BEFORE ISSUANCE OF A
CERTIFICATE OF OCCUPANCY FOR THE PHASE II BUILDING;
4. THE MONUMENT SIGN MUST GO THROUGH THE AESTHETIC
REVIEW PROCESS. MAY ALSO BE SUBJECT TO THE '5/13/98 DA'
(DEVELOPER'S AGREEMENT) AND ALSO THE CITY'S
FINDINGS."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 2,2006
PAGE60F8
MOTION BY ADVISORY BOARD MEMBER BROWN. SECONDED BY
ADVISORY BOARD MEMBER POE. DISCUSSION.
VOTE:
CHAIRPERSON KARR: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
BOARD MEMBER POE: AYE
VICE CHAIRPERSON TILLIS: AYE
MOTION CARRIED.
Chairperson Karr noted for the Record that the Motion passed.
REGULAR
301. Community Development Department
Evaluation And Appraisal Report (EAR) Discussion.
Board Member Brown said, "I would like to commend Eloise [Sahlstrom], Senior
Planner, Community Development Department on the Agenda and the [Agenda] Items
that were sent out to us. I think they were very outstanding for this Meeting. It was
certainly well presented and prepared evening for us and it has made it very easy for us
and I also would like to commend [Board Member] Mr. Poe on his presentation which we
are going to get into now on the housing. I think that [Board Member] Bill [Poe] has
done an outstanding job on that."
Ms. Sahlstrom presented this Agenda Item and discussed the material given to the
Advisory Board Members.
Tape 1/Side B
Discussion ensued on "Residential Unit Data".
Board Member Poe said, "My compliments Eloise [Sahlstrom], you got much farther and
much closer to the target than I did - but my applause to you."
Discussion ensued on the "Population Graphs".
Discussion ensued on a "Consultant".
Board Member Brown said, "I want them on board as soon as we financially can do it
with the City. That is my recommendation to the [Advisory] Board." Vice Chairperson
Tillis said, "I would agree that eventually, we will need a Consultant to help us organize
our document and get it to where we want it to be." Chairperson Karr said, "I agree."
Tape 2/Side A
1 0F 1
A PORTION OF SECTION 5
TOWNSHIP 21 SOUTH RANGE 31 EAST
PLAT OF BOUNDARY TOPOGRPHIC SURVEY
FOR
CONGRESSIONAL HOMES AND DEVELOPERS OF FLORIDA
C-2A
EXISTING CONDITIONS AND SITE DEMOLITION PLAN
C-4A
POST DEVELOPMENT DRAINAGE PLAN
C - 5A
SITE GEOMETRY PLAN
C -6B
PAVING AND DRAINAGE PLAN
C- 7A
WATER AND SEWER PLAN
C-13 A
EROSION CONTROL PLAN
LA - A
VISTAWILLA OFFICE CENTER LANDSCAPE PLAN
LA -2
VISTAWILLA OFFICE CENTER
LANDSCAPE DETAILS
IRR -1
VISTAWILLA OFFICE CENTER
IRRIGATION PLAN
IRR -2
VISTAWILLA OFFICE CENTER
IRRIGATION DETAILS