The Apopka City Council voted unanimously Wednesday to approve revisions to the major development plan and construction site plan for a 103-townhome development, allowing the garage and site-layout changes to proceed despite two pending lawsuits involving developer Park Square Homes. 

Previously approved in 2020, the Residences at Emerson Park is planned on an estimated 14-acre tract located east of Ocoee Apopka Road, west of Alston Bay Boulevard and south of Harmon Road East. Adjacent to the existing Emerson Park subdivision, vertical construction of the townhomes is already underway.  

The plan revision focuses on replacing 12 previously approved two‑car garage townhome buildings with one‑car garage products on specified lots, formally designating a new open space tract and making related internal adjustments to building footprints, lot lines, grading, sidewalks and driveway geometry.  

No changes were proposed to completed infrastructure; all external access, circulation, emergency connectivity, and the approved overall density of 103 units remain as previously approved.  

Attorney Joe Kovecses, representing the applicant, said the changes are minor and, as city staff said, code compliant. As for the pending civil lawsuits, voting on the revised plans has nothing to do with them, Kovecses said.  

One pending lawsuit focuses on a retaining wall on the Emerson Park site, which Kovecses said is physically separate from the townhome buildings and garages. 

The other lawsuit involves what party is responsible for costs to maintain and upkeep Austin Bay Boulevard, which the attorneycharacterized as a contractual dispute.  

“[This] has no bearing or implication on the size of the garages at all,” the attorney said. “While those lawsuits are still pending, our position is they have no bearing on the request.” 

Vice Mayor Diane Velazquez noted she had received 39 emails on the matter and expressed concern about developers leaving unresolved issues behind.  

“When … the developer walks away, then the one that’s left with the problem comes to us to try and resolve the problem,” Velazquez said. “That’s my only reservation, and that’s what happens.” 

However, city attorney Cliff Shepard noted that the matter was quasi-judicial. 

“You’re interpreting whether or not this application meets the code requirements to be approved,” Shepard said. “Here, you’ve heard from the staff and [read what’s] contained in the staff report, among other things, that it does meet all of those requirements. The recommended motion tells you that.” 

Apopka Fire Chief Wil Sanchez said the revised configuration may improve emergency access.  

“We wanted to make sure that we had emergency access,” he said, noting improved stretcher access behind units.