HomeMy WebLinkAbout2013 07 22 Public Hearing 502 Resolution 2013-25, The Offices at Winding Hollow Lot Split Eastside COMMISSION AGENDA
Informational
Consent
ITEM 502 public Hearings X
Regular
July 22, 2013 KS RS
Regular Meeting City Manager Department
REQUEST:
Community Development Department - Planning Division requests the City Commission
consider approval of a Developer's Agreement and Resolution 2013-25 (Lot Split) for The
Offices at Winding Hollow, located on the southeast corner of S.R. 434 and Winding
Hollow Boulevard
SYNOPSIS:
The applicant, The Professional Offices, LLC., is requesting approval of a Developer's
Agreement (DA) and Resolution 2013-25 Lot Split for real property located on the
southeast corner of S.R. 434 and Winding Hollow Boulevard (see Attachments A, B and
C). The applicant wishes to divide an existing 4.12 acre parcel into two (2) lots, one 1.2
acre lot fronting S.R. 434 (herein referred to as the "S.R. 434 Frontage Lot") and one 2.9
acre lot fronting the east side of Winding Hollow Boulevard (herein referred to as
the "Interior Lot"). The applicant has preliminary indicated that they desire to permit and
construct an office park on the "Interior Lot" that is proposed to be similar to the
construction taking place on the west side of Winding Hollow Boulevard. The current
owner, Wintersprings Land LTD, will retain ownership of the "S.R. 434 Frontage Lot" for
future development.
CONSIDERATIONS:
FUTURE LAND USE AND ZONING DESIGNATION
FLU: Commercial
Zoning: C -2 (General Commercial)
APPLICABLE LAW &PUBLIC POLICY
Home Rule Powers
Public Hearings 502 PAGE 1 OF 7-July 22,2013
Florida Statutes
City of Winter Springs Comprehensive Plan
City Code of Ordinances, Chapter 9 —Land Development
Section 9-1. Definitions.
Section 9-2. Division of land; City Commission approval required.
Section 9-3. Dividing platted property.
Section 9-4. Waiver to subdivision requirements.
Section 9-10. General Criteria for Approval.
Section 9-11. Lot Splits.
City Code of Ordinances, Chapter 20 —Zoning
City Code of Ordinances, Chapter 20, Article VI— State Road 434 Corridor Vision Plan.
Section 2(b), Article VIII, of the State Constitution
Chapter 177, Florida Statutes.
Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent).
Ordinance No. 2006-11
CHRONOLOGY
July 10, 2013 The Planning & Zoning Board held a public hearing and recommended
approval, by a vote of four (4) yes and one (1) no, of Resolution 2013-25, concerning The
Offices at Winding Hollow Lot Split for property located on the southeast corner of S.R.
434 and Winding Hollow Boulevard.
The applicant has preliminary indicated that they desire to permit and construct an office
park on the east side of Winding Hollow Boulevard that is proposed to be similar to the
construction taking place on the west side of the aforementioned street.
The development history of the office park development located on the west side of
Winding Hollow Boulevard is summarized below:
• December 10, 2012 — City Commission approved the Winding Hollow Lot Split
Resolution subject to conditions (Resolution 2012-43).
• January 10, 2013 - Planning & Zoning Board recommended approval of the
Administrative Rezoning from C-2 (General Commercial) to C-1 (Neighborhood
Commercial)via Ord. 2013-01.
• January 14, 2013 — City Commission approved The Offices at Winding Hollow, LLC
Developer's Agreement(DA).
• February 11, 2013 —City Commission approved First Reading of Ordinance 2013-01,
which proposed to administratively rezone 2.9 acres of property from C-2 (General
Commercial) to C-1 (Neighborhood Commercial).
• March 25, 2013 — City Commission approved Ordinance 2013-01, which
administratively rezoned the property from C-2 (General Commercial) to C-1
(Neighborhood Commercial). The Administrative Rezoning complied with the
conditions stipulated as part of the City Commission's approval of the Winding
Hollow Lot Split, Resolution 2012-43, on December 10, 2012.
• April 3, 2013 — Planning & Zoning Board recommended approval of both Final
Engineering Plans and Aesthetic Review, subject to conditions noted within the
March 15, 2013 DRC
Response Letter, which have since been satisfied.
• April 22, 2013 - City Commission approved the Final Engineering and an Aesthetic
Review Package.
• Sitework construction commenced in June 2013 and is expected to be in progress for
Public Hearings 502 PAGE 2 OF 7-July 22,2013
the next several months.
. July 22, 2013 - City Commission is scheduled to consider The Offices at Winding
Hollow Plat (west side of Winding Hollow Boulevard).
DISCUSSION:
A Developers Agreement (DA) has been reviewed by staff, the applicant, and the City
Attorney. Pertinent elements of the DA are as follows:
• The developer desires to construct an office park on the property in a manner
compatible to the surrounding Winding Hollow Subdivision and surrounding
neighborhood.
• In furtherance of Resolution 2013-25, developer and the City desire to enter into an
agreement to effectuate the lot split and the development of the proposed office park.
• Developer agrees to purchase the property within six (6) months of the effective date
of the agreement.
• Upon purchase of the property, the City and developer agree that the property shall be
developed as a professional office park in accordance with all applicable
requirements of the City Code unless otherwise mutually agreed to by the parties.
• In order to facilitate the development of the property in a manner compatible with the
surrounding area, the City agrees, upon the effective date of this agreement, to
advertise and proceed with public hearings to amend the property's Official Zoning
Map classification for the "Interior Lot" from City "C-2 General Commercial" to "C-1
Neighborhood Commercial". However, the parties agree that final adoption of the
rezoning ordinance will not occur until such time as lot split Resolution 2013-25 is
recorded in the Official Records of Seminole County, Florida by the City.
• The developer agrees that the property shall be bound by the provisions of the S.R.
434 General Design Standards for New Development as set forth in Section 20-461
et. seq. of the City Code.
• Resolution 2013-25 shall not be recorded until such time the agreement is fully
executed by the parties, developer completes the purchase of the property, and the
conditions set forth in Section 8.0 of the agreement have been satisfied by the
developer.
• Within five (5) days of closing on the purchase of the property, the developer shall
submit to the City's Community Development Department Director a title report,
certified to the City, evidencing that the developer is the record owner of the property
and listing any mortgages, liens or other encumbrances on the property.
In addition to the requested Developer's Agreement (DA), the Applicant is requesting City
Commission to consider the Offices at Winding Hollow Lot Split as defined within
Resolution 2013-25 (see Attachment C). The applicant wishes to divide an existing 4.12
acre parcel into two (2) lots, one 1.2 acre parcel defined as the "S.R. 434 Frontage Lot" and
one 2.9 acre parcel defined as the "Interior Lot". The Applicant has preliminary indicated
that they desire to permit and construct an office park on the "Interior Lot" that is proposed
to be similar to the construction taking place on the west side of Winding Hollow
Boulevard. The existing owner, Winterspring Land LTD, will retain ownership of
the "S.R. 434 Frontage Lot" for future development.
The 4.12 acre site is located on the southeast corner of Winding Hollow Boulevard and S.R.
434 and has both "Commercial" and"Conservation Overlay" Future Land Use designations
and C-2 (General Commercial) zoning. There are no minimum lot standards associated
with the existing C-2 (General Commercial) zoning designation. The subject property
includes a conservation area on the southern most portion of the site. Because the subject
Public Hearings 502 PAGE 3 OF 7-July 22,2013
property is within the conservation overlay, an environmental impact study will be required
during development review to determine exact boundaries of conservation areas. In
addition, this same parcel is located within the City's S.R. 434 Corridor Overlay District.
As such, the development of the entire property is currently subject to the New
Development Overlay design standards described within Code of Ordinances, Chapter 20,
Division 2. — General Design Standards for New Development Area. The subject property
abuts the entry to the Winding Hollow Subdivision, which has R-IA zoning. Potable water
and sanitary sewer are available to the site. Staff has reviewed the lot split application and
believes that it is consistent with the criteria set forth in Section 9-10 (General Criteria for
Approval):
1) The application is in compliance with the provisions of this chapter and applicable
law.
2) The application is consistent with the city's comprehensive plan and applicable city
master plans.
3) The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development
trends in the neighborhood which have been previously approved by the city
commission.
4) The application does not create any lots, tracts of land or development that do not
conform to the city code.
5) The applicant does not create burdensome congestion on the streets and
highways.
6) The application promotes the orderly layout and use of land.
7) The application provides for adequate light and air.
8) The application does not create overcrowding of land.
9) The application does not pose any significant harm to the adequate and economical
provision of water, sewer, and other public services.
10) The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
Staff finds that the application, as submitted by the Applicant, presents several concerns
regarding compliance with the City's lot split Code criteria. Particularly, Section 9-10
(c)requires that the application be generally compatible and in harmony with the
surrounding neighborhood. Further, Section 9-10 (e) requires that the application does not
create burdensome congestion on the streets and highways. In addition, Section 9-10 (f)
requires that the application promote the orderly layout and use of land. Furthermore,
Section 9-10 0) provides that applications must provide for proper ingress and egress
through a public street.
The applicant is requesting that a C-2 (General Commercial) lot along S.R. 434, and located
at the entrance of Winding Hollow, be split into two (2) lots. The "S.R. 434 Frontage Lot"
will remain along S.R. 434 and the other lot (Interior Lot) will become internal to the
Winding Hollow Subdivision relative to using the only access road (Winding Hollow
Boulevard) to the subdivision. As such, if the proposed application is approved, Staff
believes that the future access to the Interior Lot will be significantly impacted because the
Interior Lot will no longer have direct access to S.R. 434 and this Interior Lot could present
future compatibility issues related to whether all of the C-2 permitted uses are appropriate
for a lot which no longer has access to S.R. 434. In essence, if the lot split is approved, the
Interior Lot will be solely dependent on Winding Hollow Boulevard for access and will
Public Hearings 502 PAGE 4 OF 7-July 22,2013
have to share access with the entire Winding Hollow subdivision. Additionally, the C-2
(General Commercial) zoning district lists several permitted and intense commercial uses
which may not be compatible, from a land use and traffic perspective, with the proposed
Interior Lot, especially since it will no longer have direct access to S.R. 434. In order to
facilitate the development of the property in a manner compatible with the surrounding area,
the City agrees, upon the effective date of the Developer's Agreement, to advertise and
proceed with public hearings to amend the property's Official Zoning Map classification for
the "Interior Lot" from City "C-2 General Commercial" to "C-1 Neighborhood
Commercial". However, the parties agree that final adoption of the rezoning ordinance will
not occur until such time as lot split Resolution 2013-25 is recorded in the Official Records
of Seminole County, Florida by the City.
The applicant has preliminary indicated verbally to Staff that the development of
the "Interior Lot" would be used for single-story offices as previously approved for property
located on the west side of Winding Hollow Boulevard. It is anticipated that the proposed
project is less intense than the development on the west side and will likely include three (3)
buildings and approximately 10,488 total square feet of office space. Staff finds that office
use for the "Interior Lot" would significantly mitigate against any adverse traffic impact or
compatibility concerns with the Winding Hollow Subdivision. However, there are currently
no guarantees that the "Interior Lot" will be developed as an office use. Thus, if the
Applicant's office space proposal fell through, and the City Commission were to approve
the lot split without conditions, the "Interior Lot" could potentially be developed with a far
more intense and incompatible commercial use under the current C-2 (General Commercial)
zoning regulations, thereby causing significant development concerns for the Winding
Hollow Subdivision. In order to protect the "Interior Lot" from more intense development
should the proposed office development not move forward, staff is proposing a Developer's
Agreement similar to that was used on the west side to limit potential uses on the "Interior
Lot" to an office park. The Developer's Agreement must be fully executed before the Lot
Split Resolution is recorded.
In addition, if the lot split application were approved, the "Interior Lot" would no longer
abut S.R. 434 and therefore, the "Interior Lot" would technically no longer be subject to the
S.R. 434 General Design Standards for New Development Area. This result was not
intended at the time these Standards were originally approved and not applying these
Standards to the "Interior Lot" may negatively impact, at the time of development, the
compatibility of the future development of the "Interior Lot" with the "S.R. 434 Frontage
Property" and the Winding Hollow Subdivision. As part of the Developer's Agreement, the
developer agrees that the property shall be bound by the provisions of the S.R. 434 General
Design Standards for New Development as set forth in Section 20-461 et. seq. of the City
Code.
Therefore, if the City Commission decides to approve the lot split resolution, Staff
recommends that the approval be subject to several conditions to safeguard Winding
Hollow Boulevard and the Winding Hollow Subdivision. These exact conditions were
recently approved by City Commission for the lot split on the west side of Winding Hollow
Boulevard as described within Lot Split Developer' Agreement that was executed on
January 14, 2013. These same conditions must be memorialized in
the proposed Developer's Agreement with the Applicant for the 2.9 acre "Interior Lot"
fronting Winding Hollow Boulevard. The conditions being recommended by Staff are as
follows:
Public Hearings 502 PAGE 5 OF 7-July 22,2013
1) The Applicant shall be required to submit permit applications to permit and develop an
office park on the "Interior Lot";
2) The Applicant shall consent to the City administratively rezoning the "Interior Lot" to C-1
(Neighborhood Commercial);
3) The Applicant shall consent the "Interior Lot" being subject to the S.R. 434 General
Design Standards for New Development Area; and
4) The Lot Split Resolution shall not be finalized and recorded until such time
the Developer's Agreement is finalized and executed.
Lastly, if the recommended conditions are imposed as a condition of approving the lot split
resolution, Staff finds that the remaining lot split criteria would be satisfied.
If the lot split resolution is approved subject to the conditions, the resolution will be
recorded simultaneously with the Developer's Agreement. The administrative rezoning of
the property will occur thereafter.
The lot split is also consistent with Section 9-11 (Lot Splits). No new streets or other public
infrastructure improvements are required that warrant an engineered subdivision plan for
this division.
FISCAL IMPACT:
While there is no immediately measurable fiscal impact associated with this agenda item,
approval of this item does satisfy part of the requirements for allowing the development of
approximately 10,488 square feet of office space which will pay ad valorem taxes. A
specific fiscal impact report will be presented with the agenda item for approval of the
concept plan/final engineering for the single-story office project to be located
on the "Interior Lot" fronting Winding Hollow Boulevard.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
In addition, a yellow sign noting the date and time of the public hearing has been erected on
the subject property.
Public Hearings 502 PAGE 6 OF 7-July 22,2013
RECOMMENDATION:
Community Development Department - Planning Division and the Planning and Zoning
Board requests the City Commission approve Resolution 2013-25 (Lot Split) for The
Offices at Winding Hollow, located on the southeast corner of S.R. 434 and Winding
Hollow Boulevard. The Community Development Department - Planning Division requests
the City Commission approve the proposed Developer's Agreement. These
recommendations are subject to the following conditions:
1) The Applicant shall be required to submit permit applications to permit and develop an
office park on the "Interior Lot";
2) The Applicant shall consent to the City administratively rezoning the "Interior Lot" to C-1
(Neighborhood Commercial);
3) The Applicant shall consent the "Interior Lot" being subject to the S.R. 434 General
Design Standards for New Development Area; and
4) The Lot Split Resolution shall not be finalized and recorded until such time the binding
development agreement is finalized and executed.
ATTACHMENTS:
A. Location Map
B. Developer's Agreement
C. Resolution 2013-25
D. Minutes, July 10, 2013 Planning and Zoning Board
Public Hearings 502 PAGE 7 OF 7-July 22,2013
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ATTACHMENT "B"
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown, Garganese,Weiss&D'Agresta,P.A.
111 N. Orange Avenue, Suite 2000
Orlando,FL 32802
(407)425-9566
FOR RECORDING DEPARTMENT USE ONLY
LOT SPLIT DEVELOPER'S AGREEMENT
THIS LOT SPLIT DEVELOPER'S AGREEMENT (the "Agreement") is made and
executed this day of , 2013, 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, THE PROFESSIONAL OFFICES, LLC., a Florida
Limited Liability Company, whose principal address is 155 Middle Street, Ste 1001, Lake Mary,
Florida 32746 ("Developer").
WITNESSETH:
WHEREAS, this Agreement is related to certain real property located in Seminole
County, Florida and more particularly described on EXHIBIT "A", which is hereby fully
incorporated herein by this reference (the "Property"); and
WHEREAS, Developer is, or will be at the time this Agreement is recorded, the current
fee simple owner of the Property; and
WHEREAS, Developer requested that the City Commission grant a lot split application
affecting the Property, which was approved by the City Commission pursuant to Resolution
2013-25 subject to terms and conditions memorialized in a developer's agreement; and
WHEREAS, the Developer desire to construct an office park on the Property in a
manner compatible to the surrounding Winding Hollow Subdivision and surrounding
neighborhood; and
WHEREAS, in furtherance of Resolution 2013-25, Developer and the City desire to
enter into this Agreement to effectuate the lot split and the development of the proposed office
park; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
Lot Split Developer's Agreement
City of Winter Springs and The Professional Offices,LLC
Page 1 of 6
1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are
hereby incorporated herein by this reference. The Effective Date of this Agreement shall be
("Effective Date").
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Acquisition of Property. Developer agrees to purchase the Property within
six (6) months of the Effective Date of this Agreement. Developer may request a six (6) month
extension of this time period upon written request to the City. If Developer fails to complete the
purchase within said time period (as may be extended by the City), this Agreement shall
automatically be deemed null and void and terminated.
4.0 Professional Office Park. Upon purchase of the Property, the City and
Developer agree that the Property shall be developed as a professional office park in accordance
with all applicable requirements of the City Code unless otherwise mutually agreed to by the
parties.
5.0 Administrative Rezoning of Property. In order to facilitate the development of
the Property in a manner compatible with the surrounding area, the City agrees, upon the
Effective Date of this Agreement, to advertise and proceed with public hearings to amend the
Property's Official Zoning Map classification from City"C-2 General Commercial" to City "C-1
Neighborhood Commercial." The aforementioned zoning map amendments shall be subject to
Florida law and City Code, and shall be subject to final approval by the City Commission of
Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the
amendments will be approved by the City Commission. Developer will fully cooperate with the
City to achieve the amendment on the terms and conditions set forth herein including, but not
limited to, submitting and executing any applications customarily required by the City, if
necessary. Developer also agrees not to contest or object to the rezoning of the Property in any
manner whatsoever. However, the parties agree that final adoption of the rezoning ordinance
will not occur until such time as lot split Resolution 2013-25 is recorded in the Official Records
of Seminole County, Florida by the City.
6.0 Application of the SR 434 General Design Standards for New Development
Area. Developer agrees that the Property shall be bound by the provisions of the SR 434
General Design Standards for New Development as set forth in Section 20-461 et. seq. of the
City Code.
7.0 Recordation of the Lot Split Resolution 2013-25 Resolution 2013-25 shall not
be recorded until such time this Agreement is fully executed by the parties, Developer completes
the purchase of the Property pursuant to Section 3.0 of this Agreement, and the conditions set
forth in Section 8.0 of this Agreement have been satisfied by the Developer.
8.0 Title Report; Recording of this Agreement. Within five (5) days of closing on
the purchase of the Property, the Developer shall submit to the City's Community Development
Department Director a title report, certified to the City, evidencing that Developer is the record
Lot Split Developer's Agreement
City of winter Springs and The Professional Offices,LLC
Page 2 of 6
owner of the Property and listing any mortgages, liens or other encumbrances on the Property. If
the title report lists any mortgage or lien holders affecting title to the Property, Developer shall
be required to obtain written, duly executed joinders from said holders consenting to the terms
and conditions of this Agreement. This Agreement shall be recorded by the City at such time the
City determines, based on the title report and its own due diligence, the Developer is the record
owner of the Property and all mortgage and lien holders have consented in writing to the terms
and conditions of the Agreement. This Agreement will, when duly executed and delivered by the
City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a
legal, valid and binding obligation enforceable against the parties hereto and the Property in
accordance with the terms and conditions of this Agreement.
9.0 Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. Developer represents that it has
voluntarily and willfully executed this Agreement for purposes of binding the Property to the
terms and conditions set forth in this Agreement.
10.0 Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Developer and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the
Property and shall run with title to the same.
11.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties agree that venue shall be
exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are
based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which
arise out of or are based upon this Agreement.
12.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
13.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Property and contains the entire
agreement between the City and Developer as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
14.0 Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
15.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto. This Agreement is not
binding upon the City unless approved by the City Commission and executed by the Mayor.
Lot Split Developer's Agreement
City of winter Springs and The Professional Offices,LLC
Page 3 of 6
16.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either parry act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on the City's
potential liability under state or federal law. As such, the City shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than
two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
18.0 City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
19.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
20.0 Third-Party Rights. This Agreement is not a third-parry beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
21.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
22.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, each party shall bear their own attorney's fees and costs.
23.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Developer is in breach of any term and condition of this Agreement.
Lot Split Developer's Agreement
City of winter Springs and The Professional Offices,LLC
Page 4 of 6
24.0 Default; Opportunity to Cure. Should either party desire to declare the other
party in default of any term and condition of this Agreement, the non-defaulting parry shall
provide the defaulting party a written notice of default. The written notice shall, at a minimum,
state with particularity the nature of the default, the manner in which the default can be cured,
and a reasonable time period of not less than thirty (30) days in which the default must be cured.
No action may be taken in a court of law on the basis that a breach of this Agreement has
occurred until such time as the requirements of this paragraph have been satisfied.
25.0 Termination. Unless termination of this Agreement is expressly authorized
elsewhere in this Agreement, this Agreement may be terminated by mutual written agreement of
the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By
Charles Lacey, Mayor
ATTEST:
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 A. Garganese, City Attorney for
the City of Winter Springs, Florida
Lot Split Developer's Agreement
City of Winter Springs and The Professional Offices,LLC
Page 5 of 6
Signed, sealed and delivered in the THE PROFESSIONAL OFFICES, LLC a
presence of the following witnesses: Florida limited liability company
By: Rick A. Saturn, Manager
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
, 2013, Rick A. Saturn, as Manager of, The Professional Offices, 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:
Lot Split Developer's Agreement
City of winter Springs and The Professional Offices,LLC
Page 6 of 6
SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
EXHIBIT "A"
DESCRIPTION — (MASTER PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83°48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING
THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07°01'30"W, A DISTANCE OF 658.07 FEET;
THENCE N83°48'59"E A DISTANCE OF 5.00 FEET; THENCE N07°01'30"W A DISTANCE OF 162.95 FEET TO A POINT
ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD RUN N83°53'17"F ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A
DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07°01'30"E ALONG THE EAST LINE OF SAID LOT 25,
BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE
DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT
25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey of the Levy
Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E. w, HEi T..1OF2
H NOT VALID AISnTU7 THE SIGNATURE ALD THE
ORIGINAL RAISE'D��5EAL OF A FLORIf�A LICENSED
LLC SURVEYOR Alfa MAPPER
Henrich—Luke—Swaggerty—Menard Job No: E-9149
Professional Surveyors&Mappers Date: 6/27/13 ,L
165 Middle Street, Suite 1101 Drawn By: ADA
Lake Mary, Florida 32746
P. (407) 647-7346 Scale: 1"=100' William F Pb ngrd
P. (407) 647-8097 Professional Sufsey61- &-Wapper
WWW.Florida Land Surveyor.com
Licensed Business No. 7276 Florida Registration #5625
SKETCH OFo DESCRIPTION
(THIS IS NOT A SURVEY)
DESCRIPTION — (NORTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED
IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07°01'30"W, A DISTANCE OF 575.99 FEET FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST
RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07°01'30"W A DISTANCE OF 82.08 FEET; THENCE
N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY
MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD
RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY
LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF
245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN 583'53'17"W A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS.
DESCRIPTION — (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'01'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07°01'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Surve�yp of ° �
the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83°48'59"E. �P,\�` F'S° 4T 1.0 F2
H L S M NOT VALI HQQ�°iHE SIGNAIIZ)26 THE
ORIGINAL IS€Q,`SEAL OF A FLOR1dA L ENSED
�, SURVEYOR Ar M,A�PPER.
Henrich—Luke—Swaggerty—Mena rd Job NO: E-9149 ��VV LL
Professional Surveyors&Mappers Date: 6/27/13 0
165 Middle Street, Suite 1101 Drawn B ADA O
Lake Mary, Florida 32746 Y � °
P. (407) 647-7346 Scale: 1"=100' William M°1�rigq 0°P•
P. (407) 647-8097 Professio 6�1g6°r pper
WWW.Florida LandSurveyor.com Florida RegiSl'iFSKi`Q®5625
Licensed Business No. 7276 y
SKETCH OFa DESCRIPTION
(THIS IS NOT A SURVEY)
STATE ROAD 434
131.50' R/W N83.53'17"E
ST 214.97'
(FOOT RIGHT OF WAY MAP SECTION
77070-2518
ATE ROAD Z
SOUTH R/W LINE OF 434 O N
J O
O J
J Q
I �
NORTHEAST PARCEL N
I I I 1,22 ACRES rri
Q
(53,077 S . FT.)
NORTHWEST PARCEL N N o
I 1,22 ACRES 1,0 w
(53 087 SQ. FT.) 0 5.00' U1 I
I (NOT INCLUDED) N83-48 LA
°LA
N07'011 30 82.08'
I 17"W 219.97'
S83'53 QA A
N83'53'17"E 219.97' {
Boa
POINT OF BEGINNING m=o
(NORTHEAST PARCEL) I cn
I
I EAST LINE LOT 25, BLOCK D
I p
I D
d �
I �
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m o<D Z O
cf) o O O O
00 XV
m IJ= J N
r CEL
° I� o °- SOUTHEAST PAR m
o N I N PARCEL ➢ C' 2.91 ACRES
m<m (126,656 SQ. FT.)
SOUTHWEST J
0 6'Z r 2,91 ACRES 1 G Ln U1
zo 0 0 (126,764 SQ. FT') rn J J LTI
boo N
(NOT INCLUDED) d �
r, I I
a w�
I AST RIGHT OF WAY LINE
OF WAY LINE F AST HOLLOW BLVD
WEST RIGHT gLVD�
IWINDING HOLLOW
I I
I I I
I SOUTH LINE OF LOT 25 ' 219 97,
� — S83'48'S9'W
N 83.48'59'E NORTH LINE 280.03' OF WINDING
_
HOLLOW UNIT 1 (PLAT
POINT OF COMMENCEMENT BOOK 47, PAGES 94-96)
SW CORNER, LOT 25, BLOCK D
D R MITCHELL'S SURVEY OF THE LEVY GRANT POINT OF BEGINNING
LEGEND PLAT BOOK 1, PAGE 5 (SOUTHEAST PARCEL)
FOOT FLORIDA DEPARTMENT OF TRANSPORTATION
ORB 11 D' FLORIDA POWER 183,LIGHT PAGER113
OFFICIAL RECORDS BOOK 2
PG AGREEMENT (ORB
PAGE R/W AND ORB 148. PAGE
79)
R/W RIGHT-OF-WAY
SQ. FT. SQUARE FEET
CENTERLINE SHEET2OF2
NOT VALID WITHOUT THE SIGNATURE AND THE
H L S M LLC ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
Henrich—Luke—Swaggerty—Menard Job NO: E-9149
Professional Surveyors&Mappers Date: 6/27/13 SEE SHEET 1 OF2
165 Middle Street, Suite 1 10 1 Drawn By: ADA
Lake Mary, Florida 32746 FOR DESCRIPTION
P. (407) 647-7346 Scale: 1"=100'
P. (407) 647-8097 AND SIGNATURE
W WW.FloridaLandSurveyor.com
Licensed Business No. 7276
ATTACHMENT "C
RESOLUTION NO. 2013-25
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, PROVIDING FOR THE DIVISION OF AN
ORIGINALLY PLATTED LOT OWNED BY WINTERSPRING
LAND LTD. AND GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION OF STATE
ROAD 434 AND WINDING HOLLOW BOULEVARD,
WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF
RECORD FOR DEVELOPMENT PURPOSES; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size
that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to
divide an originally platted single lot; and
WHEREAS,section 9-11 of the City Code authorizes the City Commission to approve such
division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and
application process for lot splits; and
WHEREAS, Winterspring Land Ltd. (hereinafter "Owner") is the owner of certain real
property generally located at the southeast corner of State Road 434 and Winding Hollow Boulevard
in Winter Springs, Florida, more particularly depicted and legally described herein; and
WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to
divide said property into two (2) separate lots; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS,the City Commission finds that Owner has satisfied all of the requirements for
lot splits set forth in section 9-11 of the City Code; and
WHEREAS,the City Commission of the City of Winter Springs finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Resolution No.2013-25
Pagel of 3
SPRINGS HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval of Lot Split. Subject to the terms and conditions required by the City
Commission at the July 22, 2013 public hearing on this Resolution, the City Commission hereby
approves, pursuant to section 9-11 of the City Code, the division of the real property generally
located at the southeast corner of State Road 434 and Winding Hollow Boulevard,legally described
in"Exhibit A,"attached hereto and fully incorporated herein by this reference,into two(2)separate
lots. Such lots are more particularly depicted and legally described in"Exhibit B," attached hereto
and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official
Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for
development purposes pursuant to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted
by the City Commission,or parts of prior resolutions in conflict herewith,are hereby repealed to the
extent of the conflict.
Section 4. Severability. If any section,subsection,sentence,clause,phrase,word or provision
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive,procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City
Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole
County,Florida simultaneously with the binding development agreement memorializing the terms
and conditions of the lot split. The Community Development Department is hereby directed to
modify city maps and documents to reflect the lot split upon recordation of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs and a binding development agreement being
simultaneously approved and executed by the City and the property owner of the southeast parcel
memorializing the terms and conditions of the lot split required by the City Commission in
accordance with the public hearing conducted on July 22, 2013.
[EXECUTION PAGE FOLLOWS]
City of Winter Springs
Resolution No.2013-25
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, this day
of , 2013.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No.2013-25
Page 3 of 3
SKETCH OF DESCRIPTION
OF
(THIS IS NOT A SURVEY)
EXHIBIT"A"
DESCRIPTION — (MASTER PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83°48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN THE FOLLOWING
THREE (3) COURSES ALONG SAID EAST RIGHT—OF—WAY LINE: N07°01'30"W, A DISTANCE OF 658.07 FEET;
THENCE N83°48'59"E A DISTANCE OF 5.00 FEET; THENCE N07°01'30"W A DISTANCE OF 162.95 FEET TO A POINT
ON THE SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT—OF—WAY MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A
DISTANCE OF 214.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 RUN S07°01'30"E ALONG THE EAST LINE OF SAID LOT 25,
BLOCK D A DISTANCE OF 575.72 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25, BLOCK D; THENCE
DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT
25, BLOCK D A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 4.13 ACRES (179,734 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Survey rof the bevy
Grant, as recorded in Plat Book 1, Page 5; said bearing being N83'48'59"E' F2
NOT VALID,WITHOUT THE SIGNATURE AN®,.THE
H L 5 M ORIGINAL RAID MAPPER.
OF A FLOR A LICENSED
L L C SURVEYOR AND MAPPER.
Hen rich—Luke—Swaggerty—Menard Job No: E-9149 '
Professional Surveyors&Mappers Date: 6/27/13
165 Middle Street, Suite 1101 Drawn By: ADA
Lake Mary, Florida 32746
P. (407) 647-7346 Scale: 1"=100' William F., nord,
P. (407) 647-5097 Professi0Rg1 �ufVdyo—r & apper
WWW.Florida LandSurveyor.com
Licensed Business No. 7276 Florida Registration;'#5625
SKETCH OFo DESCRIPTION
EXHIBIT"B" (THIS IS NOT A SURVEY)
DESCRIPTION — (NORTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD AS RECORDED
IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07°01'30"W, A DISTANCE OF 575.99 FEET FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE THE FOLLOWING THREE (3) COURSES ALONG SAID EAST
RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD: N07°01'30"W A DISTANCE OF 82.08 FEET; THENCE
N83'48'59"E A DISTANCE OF 5.00 FEET; THENCE N07'01'30"W A DISTANCE OF 162.95 FEET TO A POINT ON THE
SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY
MAP SECTION 77070-2518; THENCE DEPARTING SAID EAST RIGHT—OF—WAY LINE OF WINDING HOLLOW BOULEVARD
RUN N83°53'17"E ALONG SAID SOUTH RIGHT—OF—WAY LINE OF STATE ROAD 434 A DISTANCE OF 214.97 FEET
TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY
LINE OF STATE ROAD 434 RUN S07'01'30"E ALONG THE EAST LINE OF SAID LOT 25, BLOCK D A DISTANCE OF
245.03 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 25, BLOCK D RUN 583'53'17"W A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 1.22 ACRES (53,077 SQUARE FEET), MORE OR LESS.
DESCRIPTION — (SOUTHEAST PARCEL):
A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN N83'48'59"E ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D A DISTANCE
OF 280.03 FEET THE POINT OF BEGINNING, BEING A POINT ON THE EAST RIGHT—OF—WAY LINE OF WINDING
HOLLOW BOULEVARD AS RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96; THENCE RUN N07'01'30"W
ALONG THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD A DISTANCE OF 575.99 FEET;
THENCE DEPARTING THE EAST RIGHT—OF—WAY LINE OF SAID WINDING HOLLOW BOULEVARD N83'53'17"E A
DISTANCE OF 219.97 FEET TO A POINT ON THE EAST LINE OF SAID LOT 25, BLOCK D; THENCE S07°01'32"E
ALONG THE EAST LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF 575.72 FEET TO THE SOUTH LINE OF SAID
LOT 25, BLOCK D; THENCE S83°48'59"W ALONG THE SOUTH LINE OF SAID LOT 25, BLOCK D, A DISTANCE OF
219.97 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL CONTAINS 2.91 ACRES (126,656 SQUARE FEET), MORE OR LESS.
SEE SHEET 2 OF 2 FOR SKETCH
SURVEYOR'S REPORT:
1. The lands as shown hereon lie within Section 26, Township 20 S., Range 30 E., Seminole County, Florida.
2. This is not a boundary survey.
3. All easements of which the surveyor has knowledge of, or has been furnished, have been noted on this map.
4. No title data has been provided to this surveyor unless otherwise noted.
5. Bearings shown hereon are assumed relative to the South line of Lot 25, Block D, D R Mitchell's Surve�yp of ° �
the Levy Grant, as recorded in Plat Book 1, Page 5; said bearing being N83°48'59"E. �P,\�` F'S° 4T 1.0 F2
H L S M NOT VALI HQQ�°iHE SIGNAIIZ)26 THE
ORIGINAL IS€Q,`SEAL OF A FLOR1dA L ENSED
�, SURVEYOR Ar M,A�PPER.
Henrich—Luke—Swaggerty—Mena rd Job NO: E-9149 ��VV LL
Professional Surveyors&Mappers Date: 6/27/13 0
165 Middle Street, Suite 1101 Drawn B ADA O
Lake Mary, Florida 32746 Y � °
P. (407) 647-7346 Scale: 1"=100' William M°1�rigq 0°P•
P. (407) 647-8097 Professio 6�1g6°r pper
WWW.Florida LandSurveyor.com Florida RegiSl'iFSKi`Q®5625
Licensed Business No. 7276 y
SKETCH OFa DESCRIPTION
(THIS IS NOT A SURVEY)
STATE ROAD 434
131.50' R/W N83.53'17"E
ST 214.97'
(FOOT RIGHT OF WAY MAP SECTION
77070-2518
ATE ROAD Z
SOUTH R/W LINE OF 434 O N
J O
O J
J Q
I �
NORTHEAST PARCEL N
I I I 1,22 ACRES rri
Q
(53,077 S . FT.)
NORTHWEST PARCEL N N o
I 1,22 ACRES 1,0 w
(53 087 SQ. FT.) 0 5.00' U1 I
I (NOT INCLUDED) N83-48 LA
°LA
N07'011 30 82.08'
I 17"W 219.97'
S83'53 QA A
N83'53'17"E 219.97' {
Boa
POINT OF BEGINNING m=o
(NORTHEAST PARCEL) I cn
I
I EAST LINE LOT 25, BLOCK D
I p
I D
d �
I �
v
I 'x N
m o<D Z O
cf) o O O O
00 XV
m IJ= J N
r CEL
° I� o °- SOUTHEAST PAR m
o N I N PARCEL ➢ C' 2.91 ACRES
m<m (126,656 SQ. FT.)
SOUTHWEST J
0 6'Z r 2,91 ACRES 1 G Ln U1
zo 0 0 (126,764 SQ. FT') rn J J LTI
boo N
(NOT INCLUDED) d �
r, I I
a w�
I AST RIGHT OF WAY LINE
OF WAY LINE F AST HOLLOW BLVD
WEST RIGHT gLVD�
IWINDING HOLLOW
I I
I I I
I SOUTH LINE OF LOT 25 ' 219 97,
� — S83'48'S9'W
N 83.48'59'E NORTH LINE 280.03' OF WINDING
_
HOLLOW UNIT 1 (PLAT
POINT OF COMMENCEMENT BOOK 47, PAGES 94-96)
SW CORNER, LOT 25, BLOCK D
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CITY OF WINTER SPRINGS, FLORIDA a
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING w
JULY 10, 2013
CALL TO ORDER
The Regular (Rescheduled from July 3, 2013) Meeting of Wednesday, July 10, 2013 of
the Planning And Zoning Board/Local Planning Agency was called to Order 5:30 p.m. by
Chairman William H. Poe in the Commission Chambers of the Municipal Building (City
Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman William H. Poe, present
Vice Chairman Bob Henderson, present
Board Member Howard Casman, present
Board Member Bart Phillips, arrived 5.31 p.m.
Board Member Suzanne Walker,present
Deputy City Clerk Sarah Hart,present
Chairman William Poe led a silent invocation and Vice Chairman Bob Henderson led the
Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Requesting Approval Of The June 5, 2013 Planning And Zoning Board/Local
Planning Agency Regular Meeting Minutes.
Chairman Poe stated, `Bach of you have received a copy of the modified Minutes."
Continuing, Chairman Poe said, "The Chair will entertain a Motion to approve those
Minutes as circulated."
"SO MOVED." MOTION BY VICE CHAIRMAN HENDERSON. CHAIRMAN
POE SAID, "I HAVE A MOTION TO APPROVE THE - REVISED MINUTES AS
CIRCULATED." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION.
CITY OF WINTER SPRINGS,FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING—JUNE 5,2013
REGULAR AGENDA
REGULAR
600. Community Development Department—Planning Division
Requests That The Planning And Zoning Board Consider The Offices At Winding
Hollow Lot Split, Located On The Southeast Corner Of State Road 434 And
Winding Hollow Boulevard, e
Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department
presented the Agenda Item and pointed out the conditions that Staff was recommending,
which were outlined also in the Agenda Item for consideration.
Board Member Casman asked if this was required to be posted, to which Mr. Woodruff
noted that no Posting was required.
Board Member Phillips asked how many floors this could be but Mr. Woodruff stated,
"Based on the use, they are in agreeance to go down to the single-story."
Mr. Todd Hudson: As the Engineer, he noted there was no specific start date as of right
now, and added, "I'd expect to be back with plans and stuff like that-- September maybe
October."
Tape 1/Side B
Chairman Poe opened "Public Input".
Ms. Nancy Neimetschek, 366 1 ivelve Uaks Drive, Winter Springs, norida: noted how beautiful
the entrance and exit from Winding Hollow was, the birds and animals that lived in this area and
that she was told the trees and brush would be kept and asked the Board to please consider
beautification.
Mr. GaryMedley: As a colleague of the Developer, "Yes we took down the trees to build the
buildings, but we are replanting 550 trees on that site and we did everything we could to maintain
—all of the landscaping along the right-of-way."
Chairman Poe closed "Public Input".
"I WILL MAKE A MOTION THAT WE DO NOT APPROVE THIS ITEM `600'.
MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER
WALKER DISCUSSION.
CITY OF WINTER SPRINGS,FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING—.TUNE 5,20I3
r.2Q
]VOTE: p
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: NAY
VICE CHAIRMAN HENDERSON: NAY �--r
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: NAY
MOTION DID NOT CARRY.
"I WILL PUT THE MOTION ON THE FLOOR TO APPROVE ITEM `600' AS
CIRCULATED WITH THE STIPULATIONS THAT STAFF HAVE ADDED."
MOTION BY CHAIRMAN POE. SECONDED BY VICE CHAIRMAN
HENDERSON. DISCUSSION.
VOTE:
BOARD MEMBER WALKER: AYE '
CHAIRMAN POE: AYE
VICE CHAIRMAN HENDERSON: AYE
BOARD MEMBER GASMAN: NAY
BOARD MEMBER PHILLIPS: AYE
MOTION CARRIED.
PUBLIC INPUT
Chairman Poe opened "Public Input"
No one spoke.
Chairman Poe closed "Public Input".
ADJOURNMENT
Chairman Poe adjourned the Regular Meeting at 6.24 p.m.
RESPECTFULLY SUBMITTED:
SARAH HART
DEPUTY CITY CLERK
APPROVED:
WILLIAM H. POE, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were Approved at the July 2013 Planning And Zoning Board/Local Planning Agency
Regular Meeting.