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HomeMy WebLinkAbout1999 08 23 Regular Item C COMMISSION AGENDA ITEM C Consent Informational Public Hearin Re ular X August 23.1999 Meeting MGR(\N.ADEPT. Authorization REQUEST: City Manager requesting the Commission to receive an update on the current status on the Winter Springs Town Center by developer Mr. Rohit Joshi, to discuss certain issues related to the development of the Town Center, and to provide staff with direction relative to these issues. PURPOSE: The purpose of this agenda item is for Joshi and Associates to provide the Commission with a progress report on the Town Center, for the Commission to discuss certain issues related thereto, and to provide staff with direction it deems appropriate. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11)F.S. states "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction" . Policy 3c under Objective A of the Traffic Circulation Element of the City's Comprehensive Plan which calls for the creation of a "Town Center" to serve as a primary civic, business and service focus for the City". In 1995 the City Commission approved the preparation ofa S.R. 434 Vision Plan that would include a "Town Center". CONSIDERATIONS: . The City Commission on March 16, 1999 voted to enter into a ninety (90) day Exclusive Negotiating Agreement with Joshi and Associates of Florida. The Agreement permitted Mr. Joshi to conduct feasibility studies on approximately 898.7 acres of land in the proposed Town Center and other properties. The Agreement permits three (3) additional thirty (30) day extensions by mutual agreement of the parties. The agreement expired June 16, 1999. Page 1 of 4 . On May 10, 1999, Add-On Agenda Item G was approved by the City Commission technically extending the Exclusive Negotiating Agreement until June 15, 2000 and modifying the language to add clauses recommended by the City Attorney. The added language stated that the Developer has the property under valid contracts. . The Extension Agreement, although approved by the Commission, apparently was not acceptable to Mr. Joshi and as a result the original Exclusive Negotiations Agreement was never modified or extended and expired June 16, 1999. . Currently there is no binding agreement between the City of Winter Springs and Joshi and Associates . The first reading of the Town Center Design Code was approved on May 10, 1999. The second reading was deferred until October 11, 1999. . On May 10, 1999 the City Commission approved a Standstill Agreement with Schrimsher Properties agreeing to schedule the second reading after October 1, 1999 or thirty (30) days following receipt of written notification that the land contract has been terminated. . On July 15, 1999 Schrimsher Properties notified the developer that the land purchase contract with Mr. Joshi has been terminated. . On June 14, 1999 the Commission decided to delay annexation of 59.45 acres if property under contract to Duncan Bowman located adjacent to the Casscells property. Mr. Bowman proposed to develop the property for single family development. City staff desired the annexation to be delayed until such time as the Planning Charette could be completed on the property to determine if single family was the best use of the property. Staff also recommended that the annexation of the Bowman Property not be unnecessarily delayed if Joshi was unable to complete the Charette in a reasonable amount of time. It is apparent now that the Charette cannot be completed in a reasonable amount oftime. . On August 9, 1999 Mr. Joshi gave the Commission a status report stating that his due diligence analysis demonstrated that the price offered to the Schrimsher's for the Schrimsher Property was to high and that he had been attempting to negotiate a more feasible arrangement with the Schrimsher's. The Schrimsher's chose not to amend the terms of the contract and to let the contract terminate in default. Mr. Joshi explained that he was reducing the scope of the project to deal exclusively with the acreage owned by the Blumberg's and Kingsbury's, and that he felt he could move these properties to development rapidly. Mr. Joshi produced extensions of Letter of Intent with the Blumberg's and Kingsbury's. Mr. Joshi will appear at the August 23, 1999 meeting to give further information as to why the Commission should renew his Exclusive Negotiating Agreement. Page 2 of 4 The Commission needs to resolve the following issues: Issue 1: Does the Commission desire to enter into a new Exclusive Nee:otiatine: Ae:reement for a period of time terminatine: on December 1. 1999 to allow Mr. Joshi to complete due dilie:ence on the Kine:sburv and Blumbere: property? Mr. Joshi will be present to make his case for a new agreement. Issue 2: Does the Commission desire to allow Duncan Bowman to proceed with annexation of 59.45 acres of property located adiacent to the Casscells property for sine:le familv development? It does not appear at this time that Mr. Joshi will be able to complete a Planning Charette on the property in a reasonable amount of time. Therefore, it is unreasonable for the City to delay annexation any further. Issue 3: If the Commission ae:rees to a New Exclusive Nee:otiatine: Ae:reement with Joshi. does the Commission desire to continue allowine: Mr. Joshi to utilize city office space., telephones. and staff assistance while completine: due dilie:ence under the new ae:reement? This is still being reviewed with the Tax Assessor's office. RECOMMENDATION: Exclusive Nee:otiatine: Ae:reement: Staff is recommending that Joshi be provided a new Exclusive Negotiating Agreement terminating December 1, 1999, to provide Joshi and Associates with an opportunity to complete due diligence on the Blumberg and Kingsbury properties only. In-Kind Assistance: Staff is recommending that Mr. Joshi continue to be provided office space, telephones, and staff assistance during the due diligence period if the Commission decides to approve it. Annexation of Duncan Bowman Property: It is recommended that the City allow the annexation of the Bowman Property to proceed for development of a single-family development. A TT ACHMENTS: A. Exclusive Negotiating Agreement with Joshi and Associates dated March 15, 1999. B. Standstill Agreement with Schrimsher Properties. C. Notification of termination letter from Schrimsher Properties to Mr. Joshi dated July 15, 1999. D. Blumberg property Letter of Intent Extension. E. Kingsbury property Letter of Intent Extension. Page 3 of 4 F. Schrimsher letter of August 13, 1999. G. August 16, 1999 Joshi and Associates letter of response to Schrimsher letter of August 13, 1999. H. June 14, 1999 Commission Agenda Item recommending delay of Duncan Bowman Property annexation. COMMISISON ACTION: Page 4 of 4 ATTACHMENT A ..\ EXCLUSIVE NEGOTIATING AGREEMENT This agreement dated March 15, 1999 is hereby entered into by and between City of Winter Springs herein referred to as "CITY" AND Joshi and Associates of Florida herein after referred to as "Developer" pursuant to the terms and condition as set forth herein, hereby agree as follows: RECITALS WHEREAS, the CITY desires to effectuate the plan of a phased development of the real properties located within the Project Area and more specifically identified as approximately 898.7 acres. The exact description of said properties is attached hereto and marked as Exhibit "A". The proposed Development of the Neo Traditional Town Center for a High Density Mixed Use Development, Green-way interchange and State Road 434 areas will include commercial, retail, offices, parks, single and multi family residential, recreational, entertainment, dining, hospitality, conference and convention facility components, or as otherwise be agreed upon by CITY and DEVELOPER, and WHEREAS, the CITY and DEVELOPER desire to enter into this agreement in order to set forth the rights and duties of the parties during the Exclusive Negotiating period. NOW, THEREFORE, the parties agree as follows: 1. The CITY and DEVELOPER agree for a period of ninety days (90) from the date of the agreement that the parties execute, the parties may mutually agree to three (3) additional thirty (30) day extensions with the understanding that the parties to this agreement shall negotiate in good faith to prepare and execute a Development and Disposition Agreement (DDA) or alternatively an Owner Participation Agreement (OPA) relating to the development of a first quality, state of the art and technology advanced Mixed Use Project on the above described real properties in conformation with the design guidelines and district codes of the CITY. March 15, 1999 Page 2 2. DEVELOPER 'wiIJprovl{.f:~ the CITY with at least the following, prior to execution of a DDA: a. Land Acquisition, Package that includes purchase of at least fifty (50) % or more of tOf.'~!.land required for initial phase of Development. b. Letters of Intent from specialty retailers, hotels, restaurants, commerciaiofficcs,and other users indicating their participation in the initial phase of Development c. Architectural drawings ~m~~ design layout depicting the Proposed Master Plan of (.:he subject site and its' initial phase. , d. Preliminary engineering, '::'Qrlstruction and development schedule. . e. Preliminary appro\:al from all applicable government agencies,supportiil.g the P~"oposed Master Plan and its' initial phase. ' f. The property valuation,:, ~lPIJraisal and other considerations shall be negotiated during. f'lhe negotiating period. g. Pro-forma of income and ~xpenses, predevelopment funding budget and construction rost analysis. h. Financial Commitment fu... &he purchase of properties, land loans, construction and permanent loans. 3. The CITY shall negotiate ~xclusi\'ely with the DEVELOPER and no other" party dQl'f.:ng the term of this Agreement. 4; Neither this agreement n:;::- nn)' interest herein may be assigned or transferred volun~arily or I})' operation of law without the written approval of the CITY. f. . v.;. March 15, 1999 Page 3 5. The CITY shall not be liable for any real estate commission or any brokers fees which may arise from performance of this agreement by the parties, or any other predevelopment costs generated by this agreement. 6. DEVELOPER is required to make full disclosure to the CITY of its principals, officers, stockholders, partners, joint ventures, employees and other associates and all other pertinent information concerning the DEVELOPER and it s associates. 7. A detailed description of DEVELOPER'S predevelopment expenses and interim loans will be provided upon request. 8. In order to expedite an early completion of this project, the CITY will offer non-monetary assistance by fast tracking permits and provide assistance for infrastructure, design and land assemblage. The CITY upon request by the DEVELOPER will evaluate the benefits of placing the properties and the proposed project in the Redevelopment Agency (RDA) or Economic Development Agency (EDA) sphere of influence if applicable government laws permit. Such placement of the project will enable the use of tax increment financing or other means of assistance based on the needs of the project in order to help make the project economically feasible. 9. If the negotiations culminate in a development agreement signed by the DEVELOPER and the CITY, such an agreement will become effective only after and if the agreement has been considered and approved by the CITY after the public hearing and approval of the City Council. MARCH 16, 1999 PAGE 4 IN WITNESS WHEREOF, the parties have executed this agreement as of the date first written above. CITY OF WINTER SPRINGS JOSJI & ASSOCIATES BY: I.fZt:.fi/ f,/ /11,{L-r- onald W. McLemore City Manager BY: ~~~ Rohit Joshi Chairman ORLANDO METROPOLITAN AREA DEVELOPMENT PROJECTS WINTER SPRINGS, FLORIDA U.S.A. PHASE I: Neo Traditional Town Center Primary Property - High Intensity Mixed Use Development . Schrimsher Properties . Kingsbury Property . Blumberg Property . McDonald's Property 125 acres 17.4 acres 26 acres 1 acre Secondary Property - Mixed Use - Adjacent to Town Center . . Plant Property . Parker Property . Springs Land/Jessup Shores 167 acres 27.3 acres 26 acres PHASE IT: Greenway Interchange Office/Commercial Park . Casscells Property . Winter Park Land Co. 250 acres 91 acres PHASE ill: State Road 434 Multifamily Development . Schrimsher Properties 168 acres ATTACHMENT B ,~l I . STANDSTILL AGREEMENT THIS STANDSTILL AGREEMENT (the "Agreement") made and entered into this 10th - day of May , 1999 by and between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as the "City") and SCHRIMSHER LAND FUND 1986-II, LTD.; SCHRlMSHER LAND FUND III, LTD.; SCHRIMSHER LAND FUND V, LTD.; and SCHRIMSHER LAND FUND VI, LTO., all Florida limited partnerships (hereinafter collectively referred to as "Schrimsher"). RECITALS A. On March 8, 1999, the City conducted the first reading of Ordinance No. 707 entitled "Town Center District Design Regulations" (hereinafter referred to as the "Ordinance"). The Ordinance affects certain real property owned by Schrimsher and Schrimsher is opposed to the adoption of the Ordinance. B. On May 5, 1999, Schrimsher entered into that certain Agreement of Sale and Purchase between Schrimsher, as "Seller", and Rohit Joshi, d/b/a Joshi & Associates, as "Purchaser" regarding the sale and purchase of approximately 436 acres of real property owned by Schrimsher within the City of Winter Springs (the "Land Contract"). C. The parties have agreed that the Second Reading of the Ordinance will be deferred as described herein. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by reference. 2. Deferral of Second Reading. The City hereby agrees to defer the second reading of the Ordinance until the earlier of (i) the first regularly scheduled City Commission meeting after October 1, 1999, or (ii) the first regularly scheduled City Commission meeting after thirty (30) days following receipt of written notification from Schrimsher that the Land Contract has been terminated (the "Standstill Period"). In either event, prior to conducting the second hearing on the Ordinance, the City agrees to conduct a City Commission workshop session (the "Workshop Session") to allow Schrimsher an opportunity to explain why a "companion agreement" specifically addressing issues raised by Schrimsher should be entered into simultaneously with the adoption of the Ordinance if ., it is adopted. The Workshop Session shall be conducted at least one (1) week prior to the City Commission meeting at which the second reading of the Ordinance is to occur. 3. Application(s) for Development. During the Standstill Period Schrimsher agrees not to apply for or cause to be applied for any application(s) for development approval with regard to any property included in the Ordinance. 4. Notices. Any notices required or permitted under this Standstill Agreement shall be in writing and shall be deemed delivered when hand delivered or mailed, postage prepaid, by registered or certified mail, return receipt requested, or when deposited with a nationally recognized overnight delivery service, e.g., Federal Express, Purolator, Express Mail, etc., or when sent by facsimile transmission addressed to the respective parties at the respective addresses set forth below: To Schrimsher: With copy to: To City: Schrimsher Land Fund 1986-II, Ltd. Schrimsher Land Fund III, Ltd. Schrimsher Land Fund V, Ltd. Schrimsher Land Fund VI, Ltd. c/o Schrimsher, Inc. Attn: Michael A. Schrimsher, Vice President 600 East Colonial Drive, Suite 100 Orlando, Florida 32803 Telephone: 407/423-7600 Fax: 407/648-9230 Michael J. Grindstaff, Esquire Shutts & Bowen LLP 20 N. Orange Ave., Ste. 1000 Orlando, Florida 32801 Telephone: 407/423-3200 Fax: 407/425-8316 City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407/327-1800 Fax: 407/327-4753 -2- ',' Copy to: Robert D. Guthi-ie, Esquire Frank Kruppenbacher, P.A. 105 E. Robinson Street, Suite 201 Orlando, Florida 32801 Telephone: 407/246-0200 Fax: 407/426-7776 5. Severability. If any provision or portion of this Standstill Agreement is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then this entire Standstill Agreement shall be deemed to be null and void. 6. Amendments. Any modification, amendment or change to this Standstill Agreement will be effective only if in writing signed by both parties. 7. Attorneys' Fees. In the event oflitigation in connection with either party's breach of this Standstill Agreement, the prevailing party shall be entitled to reimbursement from the other for all costs and expenses incurred in connection therewith. [THIS SPACE IS INTENTIONAL] -3- ... ....... I.. ' . t- . .' IN WITNESS WHEREOF, the parties hereto have executed this Standstill Agreement as of the date first above written. WITNESSES: . Lovl,JGFOS \?~ Print-if~~~~\= ORL95 114844,1 - CEJ CITY: By: SCHRIMSHER: SCHRIMSHER Li\ND FUND 1986-11, LTD., a Florida limited partnership SCHRIMSHER LAND FUND III, LTD. a Florida limited partnership SCHRIMSHER LAND FUND V, LTD., a Florida limited partnership SCHRIMSHER LAND FUND VI, LTD., a Florida limited partnership By: Schrimsher Inc., a Florida corporation, as General Partner By: ~A~ Michael A. Schrimsher, Vice President -4- ATTACHMENT C (> SHUTTS & BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW IA PARTNEIISHIP INCLUDING PROFESSIONAL ASSOCIATIONSI RECEIVED J U L 2 9 1999 20 NOHTH ORANGE AVENUE SUITE 1000 ORLANDO, FLOHIDA 32801 TELEPHONE 1407142:1-3200 FACSIMILE (4071 425 -8:116 CITY OF WINTER SPRINGS eommunity oevelOpmeI1! July 15, 1999 Rohit Joshi Joshi & Associates 9300 Wilshire Boulevard - #470 Beverly Hills, CA 90212 VIA: FEDERAL EXPRESS and Rohit Joshi Joshi & Associates 1126 East State Road 434 Winter Springs, FL 32708 VIA: FEDERAL EXPRESS NOTICE OF TERMINATION RE: AGREEMENT OF SALE AND PURCHASE dated May 5,1999 by and between SCHRIMSHER LAND FUND 1986-11, LTD., SCHRIMSHER LAND FUND III, LTD., SCHRIMSHER LAND FUND V, LTD., SCHRIMSHER LAND FUND VI, LTD., (collectively the "Seller") and ROHIT JOSHI, doing business as JOSHI & ASSOCIATES, ("Purchaser") (collectively the "AGREEMENT")., Dear Mr. Joshi: The purpose of this letter is to formally notify you that the Seller has elected to terminate the Agreement as a result of the Purchaser's default under the Agreement by failing to deliver to the Escrow Agent the Second Earnest Money Deposit in the amount of $950,000.00 on or before July 1, 1999. Sincerely, SHUTTS & BOWEN LLP Michael 1. Grindstaff A~-~STEIIDAM FORT LAUDERDALE LONDON MIAMI OHLANDO TALLAHASSEE WEST PALM 8EACH .. ....,. Rohit Joshi July 15, 1999 Page 2 cc: Michael L. Matkins, Esq. (VIA: FEOERAL EXPRESS) Michael A. Schrimsher (Via Facsimile: 407/648-9230) ORL95 121279.1 - LKF ATTACHMENT 0 ~'-'" .....I...J' ..J../ ........:...'-J..... ........"--'-"t lLJ\-, ,...... .- -''-1. .....J..:.... ~'-.J...J .'tu.~o ..."'... Telephone (207) 374--5243 LewiB and Juanita Blumberg Post Office Box 304 Blue Hil~ Maine 04614 Fax (207) 374-~8S5 August 17, \ 999 Joshi & Ase.oci1l.tes 1126 E. SR 434 Winter Springs, Florida 32108 Dear Mr. Joshi: This will oonflml the Letter ofIntent executed on March 29, 1999 by and between Joshi & A3sociates and Lewis and Juanita Blumberg shall be extended to October 1, 1999, at which time the final purchase contract shall be executed. Date 'O//?/qc; ate ~//~/9r Date ~ I \'~-I "\ ~ Lewis Blumberg ATTACHMENT E @ Joshi & Associates August 12, 1999 Rohit Joshi Joshi & Associates of Florida 1126 East State Road 434 Winter Springs, FL 32708 Dear Mr. Joshi: This letter is to confirm the Letter of Intent dated March 29, 1999 is in full force and effect for purchase of property by Joshi and Associates. Sincerely, ,,_.,/ .:.~.~ Laverne a~ ?~~~ /' June Kingsbu ' 1126 East State Road 434 Winter Springs, Florida 32708 Tel. (407) 327-5985 Fax (407) 327-4753 ATTACHMENT F , .. ,1, .....,....... U".L '"I.,:jnc.l''';;;' 407 648 9230 P.01/03 . SCHRIMSHER PROPERTIES P~IO) AUG 1 3 1999 VIA - FACSIMILE 246-0482 August 13, 1999 CITY OF. .WINTER SPRINGS . , City Manager Mayor Paul P. Partyka City of Winter Springs 1126 East State Road 343 Winter Springs, FL 32708 RE: Status Report on the Town Center Development from Rohit Joshi received by the Commi~ion on August 9, 1999 (Informational Agenda Item A.) Dear Paul: Per the City Manager's request, the purpose of the above agenda item was "to give the Commission an update on Joshi and Associates progress with development of the Town Center." Considerations stated were that "recent newspaper articles have suggested that Joshi and Associates are having substantial difficulties with development of the Town Center. Mr. Joshi desires to address these issues with the Commission. tI The Exclusive Negotiating Agreement (ENA) between Mr. Joshi and the City was executed on March 16, 1999, according to the City's press release and the date on its signature page. Five months have passed and Mr. Joshi's report reveals what the City has to show for it. The 90-day period of the agreement expired on June 14th and i! the City has granted all three 30- day extensions, they will expire in four weeks on September 12, 1999. Mr. Joshi incorrectly stated that the initial period ran from April to July 1, 1999, and that the extensions run from August to October 31, 1999, skipping the month of July completely and extending the = ~xpiration date by 49 days. According to the press release, Mr. Joshi was "to conduct feasibility studies for the development of a 900 acre planned community" and this project was to "include the Winter Springs Town Center and other properties located along State Road 434 between Central Winds Park and State Road 417, the Greeneway." Has this been done? The ENA included an Exhibit "AU which identified the particular properties, totaliq.g 898.7 acres. Phase I includes 169.4 acres of primary property that would become the "Neo'Traditional Town Center - High Intensity Mixed Use Development" and 220.3 acres of secondary property for "Mixed Use - Adjacent to Town Center" for a total of 389.7 acres. . 600 f":..o..s r COLONIAL Oo,lvE u 5UtTE'00 ('l af~L^NOCl. FLQAlOA 32803 ..., F:.:\.....~ {aQ7\ GC.::;.9230 0 or-Flee I.lJ07\ '::23--7800 ~ ~'.'~"~': .; l~t"" ~.:~ .; ~.: .' .:* " :.. <! _c.:..J' '-J_'-J -Ic......JU 1- . uc:,/ U.J Mayor Paul Partyka August 13, 1999 Page 2 According to the ENA, Mr. Joshi "will provide the City with at least the following, prior to execution of a DDA (Development and Disposition Agreement)" on the initial phase: a) Land Acquisition Package - purchase of at least flfty percent (50%) or more of total land (50% of 389.7 acres = 194.85 acres) b) Letters of intent from specialty retailers, hotels, restaurants, commercial offices and other users c) Architectural drawings and design layout depicting the proposed Master Plan d) Preliminary engineering, construction and development schedule e) Preliminary approval from all applicable government agencies supporting the proposed Master Plan f) Property valuation, appraisal, etc. g) Pro-forma of income and expenses, pre-development funding budget and construction cost analysis . h) Financial commitment for purchase of properties, land loans, construction and permanent loans If Mr. Joshi has provided the City with any or all of the above, please make these materials available to those of us whom it may concern. Has Joshi and Associates made "'full disclosure to the City of its principals, officers, stockholders, partners, joint ventures, employees and other associates and all other pertinent information" as required by the ENA? Has the City requested that Mr. Joshi provide a detailed description of his pre-development expenses and interim loans as provided in the ENA? Has he provided these? RE: Land Acquisition Analysis --:Mr. Joshi stated that "he could buy land near Disney for $40,000 per acre" and that we were asking too much for our property. However, his own hand-out materials show that: 1) He is paying the Blumbergs only 5~ per square foot less than our price and he is paying the IGngsburys $1.55 per square foot more. 2) The blended rate for all the properties was only 9~ per square foot more than our price. 3) The blended rate of Kingsbury and Blumberg is 53q. per square foot higher than our price. " Obviously, his remarks are absurd. $3.23 per square foot equals $140,841 per acre. Why would he pay 3 V2 times as much for land in Winter Springs as he would for land near Disney if the land were truly comparable? Our property and the Kingsbury and Blumberg properties are aU zoned commercial. 4~'t 648 9230 P. 03/03 Mayor Paul Partyka August 13, 1999 Page 3 RE: Land Sales Analysis · What kind of "shopping center" does Mr. Joshi propose to build? · $3.31 per square foot is a low price for a shopping center site. Mr. Kingsbury was under contract for $4.25 per square foot before which is why Mr. Joshi has agreed to pay him that price. · 250 apartment units on 15 acres is only 16.67 units per acre which is not high density. $6,000 per unit is a low price for apartments, which results in a low price for the land. · Using 55 acres for an International School Dormitory is a waste of valuable commercial land, resulting in a very low price. · We have no way of evaluating the 12 acre figure for infrastructure because no information is provided. · Was Mr. Joshi unaware that a 900 acre project or even a 200,~ 400 acre project might require a DR! or take a Couple of years to complete? We acquired this property between 1985 and 1988 so it is difficult to be sympathetic with his cost of holding the land (interest carry) for two years. · Mr. Joshi's proposal to use the 41 acre Kingsbury I Blumberg parcels for a shopping center (9 acres), apartments (15 acres), ALe (6 acres) and offices (10 acres) leaves no room for the Hickory Grove Park or anything else contemplated in the Town Center ordinance. 41 acres is less than 5% of 900 acres. · Mr. Joshi notes that his analysis does not include the Neo.Traditional Town Center. How interesting! Why is that? Despite all the talk and preferential treatment, there seems to be no real evidence of progress and Mr. Joshi is indeed having substantial difficulties with development of the Town Center. Sincerely, - SCHRIMSHER PROPERTIES ~A:~ Michael A. Schrimsher MAS/wlp cc: Deputy Mayor Cindy Gennell (via - facsimile ,- 699-9430) Commissioner Michael S. Blake (via - facsimile - 366-4177) Commissioner Edward Martinez, Jr. (via - facsimile - 977-7606) Commissioner David W. McLeod (via - facsimile - 679-5655) Commissioner Robert S. Miller (via - facsimile - 327-4753) HHRL P,C3 : '. ~:-' ATTACHMENT G ~! r.. II! @ Joshi & Associates MEMORANDUM Date: Ronald W. Mclemore, City Manager Rohit Joshi, Joshi & Associates (lJ August 16, 1999 To: From: Ref: Response to Mr. Schrimsher's letter to Mayor Partyka dated August 13, 1999. 1. ENA Since the execution of the ENA I have initiated predevelopment' analysis starting April 1, through July 1, 1999. This schedule relates to land . assemblage contracts. I was negotiating purchase contracts with the property owners during the month of July so that the following three (3) months will be actively used for specific engineering and architectural planning. a) I have provided the city with all the land acquisition critical mass required per ENA during the first ninety days. b) I have provided the city with Letter of Intent, Interest and Contracts for various Users and Developers. c) I have submitted an architectural rendering and design layout of the gOO-acre Master Plan. d) I have submitted a "Bar Chart-Time-Line" Schedule of the Town Center Project. e) The City Commission, City Manager and I have conducted several meetings with County officials and in-house city staff for govemmental approvals during the ninety- (90) day period. f) No appraisals have been ordered. I have relied on previously conducted appraisals. g) I have submitted to the city pro forma of cost/ income and budgets. h) I have submitted to the city Letter of Intent from financial institution. i) Joshi & Associates is dba Rohit Joshi. 1126 East State Road 434 Winter Springs, Florida 32708 Tel. (407) 327-5985 Fax (407) 327-4753 Page 1 of 2 irl'~, . . 2. Land Sales Analvsis and Desi~n a) Kingsbury jBlumbergSite: Th~ reason this assemblage works economically is because most commercial frontage can carry the high cost burden. This is only a 40-acre small site. b) Schrimsher Site: The reason this site economically will not work is because no development plan can afford:!: 200 acres at all commercial value of $120,000 per acre. The site is not capable of absorbing all commercial use. However, the frontage can easily afford the asking price but not the entire site. c) I am not building the shopping center. The preferred developer will build per acceptable codes. d) Shopping center developer has agreed to pay such prices because 1) tenants can only afford such rents on NEC, 2) interest carry to hold the property until it is developed at NWC, and 3) higher than.,normal construction costs, rent and fee abatement, and financial incentives to tenants for initial phase of their leases. e) A reputable apartment builder suggests the type of development from his demographic analysis. f) Fifty-five acres of International School may be inadequate for revenue stream but it may be a good use for the area Town Center and proximity to school. g) I am fully aware of OR! process, however, until a development team's report and negotiations with the County are conducted, I cannot determine the time line . h) Analysis of users and Revenue of NEC is preliminary and will be well defined during next few months. i) Neo Traditional Town Center facing Tuscawilla Road will be developed by me as a developer not a Master Planner so that the project is guaranteed immediate construction. fn conclusion, I can only verify that I have completed the first ninety- (90) days of ENA initial inspection period and have started focusing on detailed development plans. It is fairly evident that Kingsbury jBlumberg properties can open doors to Town Center Project and as I proceed to market the development, Schrimsher properties will also demonstrate its viability provided the pricing and schedule timing can be accommodated. ~ Page 2 of 2 ATTACHMENT H COMMISSION AGENDA ITEM B Consent Informational Pu blie Hearing Regular X June 14, 1999 Meeting Mgr. / Authorizatio REQUEST: The City Manager requests the City Commission consider an annexation application submitted by Duncan Bowman for the Elizabeth Morse Genius Foundation property for 59.45 acres. . PURPOSE: The purpose of this Board item is to request the Commission consider accepting an application for annexation of 59.45 acres of land near the beltway (S.R. 417). APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171.044(1) Florida Statutes which states "The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of a said municipality that said property be annexed to the municipality". The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves (ref. 171.046(1) F.S. ). The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission Meeting). COD/June 7,1999/5:33 PM JUNE 14, 1999 REGULAR ITEM B Page 2 CONSIDERATIONS: · The City Manager decided to delay annexation of the Genius Foundation property into the City due to factors that were not apparent when the annexation was initiated as follows; 1) Subsequent to the initiation of the annexation it was decided that the Genius property would be included in the expanded Town Center Project and related Master Planning Process. 2) Subsequent to the initiation of the annexation it was decided that the Master Developer for the Town Center would pursue development of the proposed Seminole County Convention Center on property near the Casscells property. 3) In view of the above, the City Manager decided that the proposed single family development on the Genius Property could conflict with uses that would be designated in the master planning process, as a result, he concluded that the annexation should be delayed until the planning process is complete. · The Seminole County Future Land Use Map designation "Suburban Estates" (1 DU per acre max.) limits development to single family residential. ATTACHMENTS: A Annexation Application B. Map of the Area Requested to be Annexed C. Duncan Bowman Letter of June 4,1999 COMMISSION ACTION: CDD/June 7. 1999/5:33 PM ATTACHMENT A ~ , .' CITY OF WINTER SPRINGS, FLORID'e.c. f 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-1800 ',' 2 j~J2:}.~: APPUCATIONFORANNEXATION (;3 i } .~::':' ':", : . . CJ......- ,.'... """~l:'~,n';t'l J ,. , ','.,' -' \..: lo' '-'. . .:....... ,.t APPLICANT: Harling Locklin & Associates, Inc. Last First Middle ADDRESS: 850 Courtland Street Orlando City PHONE: (407) 629 -1 061 FL State 32804 zip Code This is a request for annexation into the City of Winter Springs ) of the property described below: Address of Property proposed for annexation in the City: LOCATION: ADDRESS: South of Lake Jessup:. West of Central FL Greenway (SR 41.7) F.n~t c:f Spring AvpnllP nnn Nnrth nf Clty State 31-20-31-5BB-OOOO-0150 Tax Parcel Number: 31-20-31-5BB-OOOO-001A r.pntrnl Avp , . Zip Code 31-20-31-5BB-OOOO-002D 31-20-31-5BB-OOOO-003A '. size of Parcel: 59.45 acres sq. ft.jacres. '.County Future Land Use Classification current: Suburban Estates County Zoning Category current: A~10/ p~oposed: PUD Intent of request for annexation into the city of Winter Springs: To conform to maximum density standards and to provide city services to the proposed multi-use development TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION: * A copy of the most recent survey of the subj ect property. * A copy of the legal description. ,* Notorized authorization of the owner (if applicant is other than owner or attorney for owner) [See below]. * 11 X 17 map showing zoning and land use classifications on adjacent property. * Annexation Application Fee, which includes: * Property with legal, description up to 50 words in length: $ 350 * Each additional portion thereof: increm~nt , of $ 25 50 words or * NOTE: Property being annexed at invitation of the City is exempt from above fees. ................................................................. FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY This is to certify that I am the owner in fee simple of subject lands described above in the Application for Annexation. SIGNATURE OF OWNER Sworn to and subscribed before me this day of 19 NOTARY PUBLIC My Commission expires: _ Personally Known ~Produced Identification/type of I~D. ..~....................*..........................*....*......... FOR NOT THE OWNER OF SUBJECT PROPERTY My e:-''Pires: ,,,,, '., ..... ~ (-r Roge.- Mr.t *~~ * MYCommiss:cv,CC5J6146 ~"''''iY",-/'t ,,,,""<: Expires Aonl 07. 2001 i .." r10't take an oa t.h ~personally Known ____Produced Identification/type of 1.0. Did take an oath ~Did g~W?U7 ;#0;;/ fi.W/-0555 :rg~ ~ ~~ ff~ .9 .LJ. !E= .I/O 7f'"~ 9~ ff~ .J2?gO LETTER OF AUTHORIZATION January 29, 1999 Parcel 1.0. # 31-20-31-5BB-0000-0150 31-20-31-5BB-0000-001A 31-20-31-5BB-0000-002D 31-20-31-5BB-0000-003A ) Part of Section 31, Township 20 South, Range 31 East, Seminole County, Florida To Whom It May Concern: As the authorized Representative of the 75=1: acre property referenced above, and further described by the attached legal description, I authorize Harling Locklin & Associates Inc. to act on our behalf to apply for Land Use, Zoning, Development, and Construction approvals and permits for the subject property. It must be understood that any change in the Land Use and Zoning shall not, without our written consent, become effective until such time as we transfer title to the subject property. ELIZABETH MORSE GENIUS FOUNDATION Bd~ ~.hrk~ Victor E. Woodman, Vice President -- FROM I J I I I I I I I 'I I I I I I I - \ MORSE & GENIUS FOUNDATION PHONE NO. 407 644 9504 Oct. 30 1998 11:34AM P3 Elizabeth Marse: Genius Foundation Lake Jessup Grove Seminole County. Florida Summary Appraisal Report LEGAL DESCRIPTION Lots 1,2,3,4,5, and 6, Section 32, Township 20 South, Range 31 East, ALSO Lots 1,2,3,7, and 8 or Section 5, Township 21 South, Range 31 East. (Less beginning 20 feet E of and 274.1 feet S of the NW comer of Lot 3, Section 5, run E 366.6 fecl N 060 05' E 507.3 feet, N 000 12' E 321.7 feet, S 870 32' W 193 feet, N 04030' W 269.1 feet, S 890 04' E 652.1 feet, S 89056' E 420 feet, N 241.9 feet to shore of Lake Jessup, W'ly along shore 1,286 feet to the E linc of Spring Avenue; S 1,173 feet to beginning), being 91 acres, more or less. All above real property being a part of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book 1, Pagc 35, Public Rccords of Seminole County, Florida. ALSQ A right of ingress and egress over that 10-foot strip of land adjoining and running along the N'ly side of a line commencing 20 feet E and 274.1 feet S of the NW comer of Lot 3 of Sectioo 5, Township 21 South, Range 31 East, run E 366.6 feet and a right of ingress and egress over that 10-foot strip ofland adjoining and running along the W'ly side of line commencing 366.6 feet E of a point 20 feet E and 274.1 feet S of the NW comer of Lot 3, Section 5, Township 21 South, Range 31 E, run N 060 OS' E 507.3 feet. thence N 000 12' E 321.7 feet, said Lot 3 appears in the plat of Phillip R. Young Grant as recorded in Plat Book I, Page 35 of the Public Records of Seminole County, Florida. Less the E 25 feet of Lots 2 and 8 of said Section 5; less W 25 fcct of Lots I, 3, and 7 of said Section 5 and less W 25 feet of Lot 2 and E 25 feet of Lot 3 of said Section 32. LESS A part of Lot 1, Section 5, Township 21 South, Range 31 East, and Lots 1. 2,. and 3, Section 32, Township 20 South, Range 31 East ofthe Phillip R. Young Grant, according to the plat thereof as recorded in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly described as follows: Conunence at the NE COrner of said Section 5; thence run S 88049' 39" W along the N line of said Section 5, a distance 0089.88 feet to the NE corner of said Lot 1, Section 5 of the Phillip R. Young Grant for a point of beginning; thence run S 040 42' 40" W along the Eline 0 f said Lot I, Section 5, a distance of 665.23 feet to the SE corner of said Lot 1, Section 5; thence run S 880 49' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feet; thence departing said S line run N 250 45' 00" W, a distance of 1,386.79 feet to a point on the E line of the W 25.00 feet of said Lot 2, Section 32; thence run N 010 17' 12" W along said E line a distance of 408.90 feet to a point on the N line of said Lot 2, Section 32; thence departing said E line run S 83047' 20" E along said N line a distance of 949.00 feel to the NE comer of said Lot I, Section 32; thence run S 04Q 42' 40" W along the E line of said Lot 1, Section 32. a distance of 891.00 93032CSUREPORT .DOC 21 01998 PINEL & CARPENTER. INC. FROM MORSE & GENIUS FOUNDATION I ~ ~ I I I I I I I I I I I I I I I ;1 \ I PHONE NO. Dc t. 30 1 '3'38 11: 35AM P~l 407 644 '3504 Elizabeth Morse Genilu Foundation L(lke J?SSIIP Grove Seminole County. Florid(l Summary Appraisal Report feet to the point of beginning. AND AL~O LESS Commence at the NE comer of said Section 5 also being the SE comer of said Section 32; thence run S 88049' 39" W along the N line of said Section 5, also being the S line of said Section 32, a distance of 1,088.05 feet to a point on the W line of the E 25.00 feet of said Lot 3, Section 32; thence departing the S line of said Section 5 and the S line of said Section 32, run N 010 1 T 12" W along said W line, a distance of 709.22 fect for a point Q~!Jeginning; thence departing said W line run N 250 45' 00" W a distance of 103.97 feet; thence run S 880 46' 48" W a distance of 69.93 feet to a point on the E line of amended plat of first addition to Mineral Springs, according to the plat thereof, as recorded in Plat Book 8, Pages 46 and 47 of the Public Records of Seminole County, Florida; thence run N 01009' 12" W along said E line a distance of 225.66 fcct to a point on the N line of said Lot 3, Section 32; thence departing said E line run S 830 47" 20" E along said N line, a distance of 113.43 feet to a point on the aforesaid W line of the E 25.00 feet of said Lot 3, Section 32; thence departing said N line run SOlO 17' 12" E along said W line a distance of305.58 feet to the point ofbegirrning. Containing 24.179 acres, more or lc.ss. ALSO LESS A part of the W 25.00 feet of Lot 2 and the E 25.00 feet of Lot 3, Section 32, Township 20 South. Range 31 East of the Phillip R. Young Grant, according to the plat thereof, as recorded in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the SW corner of said Section 32; thence run S 880 49' 39" W along the S line of said Section 32, a distance of i,038.05 feet to a point on the E line of the W 25.00 feet of said Lot 2; thence departing said S line: nm N 010 17' 12" W along sai.d E line a distance of 599.42 feet for a point of beginning; thence departing said E line run N 250 45' 00" W a distance of 120.74 feet to a point on the W line of the E 25.00 feet of said Lot 3; thence run N 010 IT 12" W along said W line a distance o( 305.58 feet to a point on the N line of said Lot 3; thence departing said W line run S 830 47' 20" E along the N line of said Lot 2 and 3 a distance of 50.43 feet to a point on the E line of the W 25.00 feet of said Lot 2; thence departing said N line run S 010 17' 12" E along said E line a distance of 408.90 feet to the point of beginning. Containing 17,862 sqilllrc feet, more or less. 9S032CSUREPORT .DOC 22 .<1:>1998 PINEL &. CARPENTER, INC, ATTACHMENT B ATIACHMENT C LAKE JESSUP J.O o o ~ ~""'- ;r-;-;. , ,-.., ):; r :.I:i',I.I,I.I>I.III~1 ,I ~{ ( STATE RO O' :f Z --l l"'1 Al . U1 1) Al Z '"' U1 u U,O \', , " , , , , I \ I \ I I I I I I \ ! \I I,C _,0 11,0 21.0 ~,' <" 't;. 1 ~ ~ ':<. u o C -t S. R. 434 II ~~ --t> TO OVIWo Ronald W. McLemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 ~1. CITY OF WINTER SPRINGS, FLORIDA June 4, 1999 Duncan O. Bowman President Bowman & Associates, Inc. 2467 South Third Street Jacksonville Beach, FL 32250 Dear Duncan, This letter.is to confirm our conversations relating to your letter of May 13, 1999. As we have discussed, the Commission will hear your appeal of my decision to delay your annexation at the June 14, 1999 meeting. I would like to reiterate that my action is in no way a negative reflection upon you or your agency. My decision is based upon a sincere question I have relative to what is in the best interest of the taxpayers of the City of Winter Springs. My conviction is that the expanded Town Center planning process should be completed prior to committing the property to single family development in light of the possible need of the property for commercial and or office professional use, If you have any additional questions prior to the June 14, 1999 meeting please contact me at your convenience. Ronald W. McLemore City Manager /dg cc: Mayor / Commission COMMISSION AGENDA ITEM C Consent Informational X Public Hearing Regular August 23, 1999 Meeting Mgr. / Dept. AuthorizatioQ _ THIS AGENDA ITEM WILL BE AVAILABLE FOR YOUR REVIEW PRIOR TO AUGUST 23, 1999. ~