HomeMy WebLinkAbout1998 02 09 Regular Item B-2
. ,
COMMISSION AGENDA
ITEM
B-2
REGULAR X
CONSENT
INFORMATIONAL
February 9, 1998
Meeting
MGR.I? w-r 1Df!;.
Authorizat
REQUEST: The Community Development Department - Planning Division requests the City
Commission to hold a first public hearing on a Development Agreement for the
Lake Irene Investors' property.
PURPOSE:
The purpose of this Board Item is to request the Commission to hold a first public hearing
on a proposed Development Agreement, pertaining to a 9.58 acre parcel located located
on the south side of State Road 434 approximately 2,500 feet east of U.S. 17/92.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3220(2) Florida Statutes which states "The Legislature finds and
declares that: (a) The lack of certainty in the approval of development can result in a
waste of economic and land resources, discourage sound capital improvement planning
and financing, escalate the cost of housing and development, and discourage commitment
to comprehensive planning. (b) Assurance to a developer that upon receipt of his or here
development permit he or she may proceed in accordance with existing laws and policies,
subject to the conditions of a development agreement, strengthens the public planning
process, encourages sound capita improvement planning and financing, assists in assuring
there are adequate capital facilities for the development, encourages private participation
in comprehensive planning, and reduces the economic costs of development.
The provisions of 163.3220(3) Florida Statutes which states "In conformity with, in
furtherance of, and to implement the Local Government Comprehensive Planning and
Land Development Regulation Act of 1972, it is the intent of the Legislature to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development.
FEBRUARY 9, 1998
AGENDA ITEM B-2
Page 2
The provisions of 163.3220(4) Florida Statutes which state" This intent is effected by
authorizing local governments to enter into development agreements with developers,
subject to the procedures and requirements of 163.3220-163.3243 F.S.
CONSIDERA TIONS:
1. The City staff and the Lake Irene Investors representative have held discussions on
the specifics of a Development Agreement.
2. The Development Agreement indicates certain restrictions and specifications the
City staff believes will promote the proper development of the S.R. 434 Corridor
and will promote compatibility with the surrounding area. Since the January 12,
1998 Commission meeting certain changes were made to the proposed
Development Agreement. The substantive change made was:
Page 3
b,c
Annexation ofParcelB (Lot 3 and 4) shall become effective
January I, 2000 instead of January I, 1999 as stated in
previous draft of the Development Agreement.
Page 4
e.
Add "Property owner agrees to use its best efforts to
comply with State Road 434 Redevelopment Area design
guidelines in the development of the property.
3. The revenue generation potential of the site is estimated to be between $30,000
and $50,000 per year based on the type of development that occurs on the
property.
FUNDING:
The agreement involves payment of not more than $60,000 for relocation of the traffic
signal from 434 and Timberland Drive to the entrance of the PUD. These funds would be
paid from the Transportation Improvement Fund. The fund would be reimbursed from
impact fees.
RECOMMENDA TION:
Staff recommends holding a second public hearing for approval of the Development
Agreement pertaining to the 9.58 acre Lake Irene Investors Property located on the south
side of State Road 434 approximately 2,500 feet east of U.S. 17/92.
FEBRUARY 9, 1998
AGENDA ITEM B-2
Page 3
lMPLEMENTATION SCHEDULE:
The approval of the Development Agreement pertaining to the Lake Irene Property "shall become
effective upon proper recording in the public records of the county and until 30 days after having
been received by the state land planning agency (DCA) pursuant to 163.3220 to
163.3243 F.S.
ATTACHMENTS:
1. Development Agreement
COMMISSION ACTION:
A
'PARCEL 'A' CONSISTS OF LOTS 1 & 2
PARCEL 'n' CONSISTS OF I~TS 3 & 4
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SUNSllADOW APARTMENTS
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JAI'I 20 ''38 09:45AM KRUPPEI'I8ACHER & ASSC
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. JAN 20 '98 09: 46AM KRUPPEI'IBACHER & ASSC
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(ii) a willingness of the City to bear or defer some of the costs of development
for Lots 1 and 2 and the annexation applications fees for Lots 1, 2, 3 and 4,
C. The Developer will make a revenue contribution through additional taxes and benefit
fi:em will receive enhanced law enforcement and fire protection which will be
provided by the City's police and fire departments, and by assuring continued
availability of water and sewer services to the real property, and it is acknowledged
that the Developer consents to annexing to the City by this Annexation Agreement.
2. DescriotiQns of Properties to be Annexed. A graphic depiction of all property
subject to this Agreement is depicted on Exhibit "A". The 'real property which is the subject matter
of this Annexation Agreement is descnbedin ExhJbit liB" (hereinafter referred to as "Lot 1"), Exhibit
"e" (hereinafter referred to as "Lot 2"), Exhibit liD" (hereinafter referred to as "Lot 3"), and Exhibit
"E" (hereinafter referred to as "Lot 4"), all of which exhibits are made a part of this Annexation
Agreement.
3. Developers Consent to Annexation. Developer's sole reason and purpose in
becoming a party to this Annexation Agreement is to approve and consent to annexation of Lot 1 and
Lot 2, and for no other reason or purpose whatsoever. Accordingly, Developer hereby irrevocably
consents to the annexation by the City of Lot 1 and Lot 2 on the conditions that (a) all impact fees
which the City may impose, assess, or collect in connection with construction of improvements on
or development of these lots commenced or initiated in the calendar year 1998 shall be and are hereby
forever waived, and (b) the annexation process shall be effected without cost to the Developer.
4. Effective Dates of Annexation. All parties hereby agree that annexation to the City:
a. Lot 1 and Lot 2 shall become effective On the earlier of (i) January I, 1999, or (Ii) the
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day after the date when the County of Seminole issues it Certificate of Occupancy for
the Winn-Dixie Marketplace supermarket store to be constructed on Lot 1,
b. Lot 3 shall become effective (i) January 1, -t999 2000. or (ii) on the date of sale by
Property Owners of all or any part of Lot 3, or (Ui) on the date in application to the
City or County of Seminole for issuance of a building permit for construction of a
building on Lot 3 is granted, whichever shall first occur,
C. Lot 4 shall become effective (i) January 1, -l-999-2000~ (ii) on the date of sale by
Property Owners of aU or any part of Lot 4, or (ill) on the date in application to the
City or County of Seminole for issuance of a building pennit for construction of a
building on Lot 4 is graflted, whichever shall first occur.
5. Representations and Covenants ofPropertv Owners.
and do hereby:
a. ratify and confirm the previous application for annexation of Lot 1 and Lot 2 into the
City made on behalf of Developer in the name of"LakeIrene Investors" (the identities
whom are the same as Property Owners) as petitioner:
b. make and submit to the City this Annexation Agreement as their irrevocable
Property Owners shall
application for voluntary annexation of Lot 3 and Lot 4, subject to the following
provisions of this Annexation Agreement.
c. consent to adopti.on by the City Commission (the City's governing board) of
ordinances annexing Lot 1, Lot 2, Lot 3, and Lot 4 incorporating all conditions of this
Annexation Agreement into said Annexation Ordinance; and
d. agree that upon or after the effective date of this Agreement, the City shall have the
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JAN 20 '98 09:47AM KRUPPENBACHER & ASSC
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full right to lawfulIy impose and collect payment of impact fees for any development
for Lot 3 and Lot 4 in connection with construction of any improvements on or
development of said lots regardless of when commenced or initiated, and regardless
cifwhether said lots have annexed into the City or not.
e. Property owner agrees to use its best efforts to comply with State Road 434
Redevelopment Area design guidelines in the development of this property.
6. Ret'resentations and Covenants of the City.
a. As to Lot 1 and Lot 2, the City hereby agrees to forever waive all impact fees which
the City may otherwise lawfully impose,assess, or collect in connection with
cOnstruction of improvements or development commenced or initiated on either Lot
1 or Lot 2 during the calendar year 1998. The City also represents and agrees that
no impact fees shall be assessed against Lot 1 and Lot 2 for the Winn-Dixie
Marketplace development currently under review with Seminole County Officials; and
b. Other than building permit and impact fees for Lot 3 and Lot 4, the City agrees to
neither impose no assess any taxes, levies, fees, and other charges against Lot 1, Lot
2, Lot 3 and Lot 4 until after the several lots are annexed into the City.
c. Timing of Comprehensive PlanlInitial zoning of the Property. Section 171.062,
Florida Statutes provides that an area annexed into a municipality which is subject to
a county land use plan and county zoning or subdivision regulations, county
regulations remain in full force and effect until the municipality adopts a
comprehensive plan amendment that includes the annexed area. The parties
acknowledge and agree that Lots 1, 2, 3 and 4 are subject to the Seminole County
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comprehensive plan., zoning and subdivision regulations. Because it takes up to six
months to transmit and finally adopt an amendment to the City's comprehensive plan
and because the effective state of the ordinance annexing Lots 1 and 2. and Lots 3 or
4 could be effective as last as January 1, 1999, the parties agree:
(i) comprehensive plan amendments affecting Lots 1, 2, 3 and 4 will not be
considered by the City until or after i\1arch, 1999 unless requested by Property
Owners and agreed to by the City~ and
(ii) said comprehensive plan amendments will not be deemed effective on the
property until on or about January I, 2000, unless requested by the Property
Owners and consented to by the City.
(ill) this provision shall not effect the separate agreement of the parties that City
impact fees shall be collected on any and all development activity occurring
on Lots 3 and 4 or after the date of extension of this Agreement and collected
on Lots 1 and 2 for any development occuring after January 1, 1999..
7. TRAFFIC SIGNAL. The Florida Department of Transportation hereinafter called
"FDOT", authorizes and approves (warrants) traffic signals on State Road 434. It appears a traffic
signal to serve the property has been approved by FDOT. The Property Owner will be responsible
for the actual cost of acquisition, and installation of this traffic signal as required by FDOT rules and
regulations; provided specifically, however, that the Property Owner and City have agreed that the
City will reimburse a sum not to exceed sixty thousand ($60,000) dollars toward the cost of
acquisition and installation of the traffic signal based on a City determination that such signal'liVill aid
and alleviate traffic along State Road 434 and thereby serve a public purpose. This commitment by
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IAN 20 ' '38 09: 47AM KRUPPEl'lBACHER & ASSC
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the City is, howevert specifically conditioned on the following two conditions. First. this commitment
is based upon the annexation of Lots 3 and 4 into the City and development on said Lots 3 and 4
being subject to City of Winter Springs transportation impact fees. Second, the City shall not be
obligated to reimburse any portion or all of said sums for the traffic signal until thirty-five (35) days
after Lots 1, 2, 3 and 4 have been annexed into the City by Ordinance and neither ordinance has not
been challenged or appealed pursuant to Chapters 163 or 171, Florida Statutes.
8. IMPACT FEES.
A. As to Lots 1 and 2, once annexed into the City, Lots 1 and 2 will not be required to
pay impact fees for development commenced during the calendar year 1998 including the Winn-Dixie
Marketplace Center based upon the following findings:
1) The City road impact fee for the current cycle has been calculated and since Lots 1
and 2 were outside the City when such calculations occurred, no revenues from the
Property were projected into the current year impact: fee calculations; nor eligible City
projects identified; andt
2) review of pending site plans and building plans for Lots 1 and 2 ~as cormnenced
utilizing Seminole County standards and under state law, specifically Section 171,
Florida Statutes, final review of said building plans, building inspections, and issuance
of the Certificate of Occupancy is likely to be done by Seminole County utilizing
County code standardst and City transportation impact fees could not be collected if
the permits were issued by the County.
3) Lots 1 and 2 will be required to pay Seminole County impact fees pursuant to County
Ordinance as.a condition of development.
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.IAN 20 '98 09:48AM KRUPPENBACHER & ASSC
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B. Lots 3 and 4 will be subject to all City regulations, including development regulations.
impact fees. and other land development regulations. once annexed into the City pursuant to the
requirements of state law and expectations of the parties to this Agreement, but the Property Owners
and the City specifically agree that development on Lots 3 and 4 occurring after the execution of this
Agreement shall pay City impact fees.
9. PUBLIC SERVICES.
A If the current water serVice provider does not connect Lots 1,2) 3 and 4 to City water
transmission lines. City agrees to connect said properties to said City water transmission lines located
on the eest side of State Road 434, conditioned upon the occurrence of two conditions precedent.
First, that Lots I, 2, 3 and 4 have anne~ed into the City in accordance with this Agreement, by
ordinance passed at least thirty-five (35) days before the expenditure of any sums by the City and
neither ordinance has been challenged or appealed pursuant to state law. The second condition is that
the cost to the City to connect Lots 1, 2, 3 and 4 to the City water transmission system does not
exceed $20,000.00
B. The City is prepared to serve the Property constituting Lots 1,2,3 and 4 with all City
services to the extent available to other properties in the City and as required by state law, but the
parties to this Agreement acknowledge and agree that the Property is subject to separate water and
'WaStewater service agreements that the City and the Property Owner have no ability to unilaterally
terminate to allow the City to serve these areas or impose City rates for such services. Therefore until
said water services and wastewater service agreements terminate. the properties described on Lots
1. 2. 3 and 4 may be served by other governmental entities or utilities providers with service levels
and changes set by such providers and beyond the control of the City.
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10. 'Miscellaneous Additional Provisions.
a. Property Ovmers warrant and represent to the City that they are owners in fee simple
of the real property described in Exhi,bits "A" through liE".
b. Property Owners agree that any contract or contracts for sale of Lot 3 and Lot 4 shall
contain a provision notifying the buyer of the requirements of this Annexation
Agreement, and specifically the requirement that applications for building permits
shall be made to the City.
c. The City warrants and represents that this Annexation Agreement and subsequent
ann.exa.tions of the real property described in Exhibits "A" through "EIt will not result
in material delays or increased costs of development of said property to Developer
and Property Owners, or their grantees, through imposition of special fees,
requirements and conditions not required of other builders or developers.
d. The City acknowledges that development of Lot 1 and Lot 2 shall be under the aegis
of Seminole County, and not the City; and, that all building and development
requirements of Seminole County will either meet or exceed those of the City with
respect to construction of improvements on Lot 1 and Lot 2.
e. The City agrees to waive voluntary annexation fees, and to bear all expenses which
it may incur in connection with the voluntary annexations contemplated by this
Annexation Agreement.
f. The "date of sale" as used in paragraph 5. above, shall be deemed to be the date of
recording in the public records of Seminole County. Florida, of a deed of conveyance
to all or part of the real property described in Exhibit "D" to a third party or parties
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.IAN 20 '98 09:49AM KRUPPEN8ACHER & ASSC
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(thereby excluding any inter se conveyances).
11. This Agreement shall be recorded in the Public Records of Seminole County.
12. If any party to this Agreement is required to bring suit against another party to this
Agreement in order to enforce any provision of this Agreement, then the prevailing party in said
litigation sball be entitled to recover costs and attorney's fees through the trial and appellate phases
of said litigation.
13. This Agreement shall expire January 1, 2000 in accodance with Section 163.3229,
Florida Statutes.
DONE AND EXECUTED on the date written above.
ATTEST
CITY OF WIN'TER SPRINGS, FLORIDA
City Clerk
PAUL P. PARTYKA, MAYOR
PROPERTY OWNER
ELIZABElH L. BUSH
WITNESS:
Print name
WITNESS:
Print name
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IAN 20 '98 09:49AM.KRUPPENBACHER & ASSC
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STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day oflanuary 1998, by
ELIZABEm L. BUSH, an individual. She is personally known to me, or has produced
as identification.
NOT AR Y PUBLIC, STATE OF FLORIDA
Print
My commission expires
PROPERTY OWNER
JANIES DYCUS as Personal
representative of the Estate of
Mary Leffler, deceased
WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was aclatowledged before me this ---"- day of January 1998, by
JAMES DYCUS as personal representative of the Estate ofMaI}' Leffler, deceased. He is personally
known to me, or has produced' as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
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. IAN 20 '98 09:49AM KRUPPENBACHER & ASSC
P. 12/16
PROPERTY OWNER
NANCY 1. FREEMAL"l
WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998. by
NANCY J. FREEMAN, an individual. She is personally known to me, or has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
11
- IAN 20 '98 09: 4'3AM KRUPPENBACHER 8. ASSC
P. 13/16
PROPERTY OWNER
JOANN E. JACKSON
WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998, by-
]OANN E. JACKSON, an individual. She is personally known to me, or has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission eh'Pires
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IAN 20 '98 09: 49AM KRUPPEi'fEACHER. & ASSC
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PROPERTY OWNER
KENNETII M. LEFFLER
WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998, by
KENNETH M LEFFLER, an individual. He is personally lmown to me, or has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
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. IAN 20 J '38 09: 50AM KRUPPEt-18ACHER & ASSC
P.15/16
PROPERTY OWNER
Lll.AL. WALLING
WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998, by
LILA L. W AU.ING, an individual. She is personally known to me, or has produced
as identification.
NOTARY PtJBUC, STATE OF FLORIDA
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My commission expires
14
JAN 20' '38 09:50AM KRUPPGIEACHER & ASSC
DEVELOPER
DONALD M. HUBER, AS
PRESIDENT OF sm ENTERPRlSES, IN'C.
A Florida Corporation
STATE OF FLORIDA
COUNTY OF
P. 16/16
WITNESS:
Print name
WITNESS: .
Print name
-----------------------------
The foregoing instrument was acknowledged before me this _ day ofJanuaxy 1998, by
DON ALD M. HUBER, as president of SFH Enterprises, a Florida Corporation. He is personally
known to me, or has produced as identification.
NOTARY PUBLIC, STATE OF FLORIDA
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My commission expires
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