HomeMy WebLinkAbout2011 10 10 Public Hearings 500 4th Tennis Court - Tuscawilla Greens
COMMISSION AGENDA
CONSENT
INFORMATIONAL
ITEM 500
PUBLIC HEARING X
REGULAR
MGR /DEPT
October 10, 2011
Meeting
Authorization
REQUEST: The City Attorney requesting the City Commission consider a request from
the Winter Springs Golf, LLC and Morgran Greens, LLC to change the
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construction deadline of the 4 tennis court required by a previously
approved Settlement Agreement related to the proposed Tuscawilla Greens
project, such that it corresponds to the future membership level of the
Country Club.
SYNOPSIS:
The Third Amendment to Settlement Agreement requires the Tuscawilla Country
Club to construct four new tennis courts in conjunction with the Tuscawilla
Greens 60-unit residential development adjacent to the Club property. To date,
three tennis courts have been constructed. The City Commission imposed a
condition on the Tuscawilla Greens condominium project whereby the fourth
tennis court must be completed prior to the City’s issuance of a Certificate of
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Occupancy for the 8 of the 15 proposed condominium buildings. The Club and
the developer have rescinded their previous request to be released of the fourth
tennis court requirement and have submitted a new letter (dated October 3, 2011)
requesting that the fourth tennis court be required to commence construction no
later than 90 days after the Club membership level reaches 550. Given previous
actions of the City Commission, resolution of the construction deadline for the
fourth tennis court is a threshold issue to be resolved before the City Commission
proceeds with final approval of the revised engineering plans, aesthetic review,
the development agreement approval, and amended Settlement Agreement for the
Tuscawilla Greens project.
CONSIDERATIONS:
The current owners of the proposed Tuscawilla Greens project property have requested
revisions to the previous development approvals granted by the City Commission. The
project property is subject to a complicated set of previous City permit approvals and
agreements dating back to court proceedings involving the City and the previous property
owner, which culminated in a recorded settlement agreement being approved by the
circuit court in 1994.
City Commission – Regular Meeting
October 10, 2011
Public Hearing Agenda Item # 500
Page 2 of 5
Relevant to this Agenda Item is the deadline under which a fourth new tennis court is
required to be constructed on the Tuscawilla Country Club property under the Settlement
Agreement. Given previous actions of the City Commission, resolution of the
construction deadline for the fourth tennis court is a threshold issue to be resolved before
the City Commission proceeds with final approval of the revised engineering plans,
aesthetic review, the development agreement approval, and amended Settlement
Agreement for the Tuscawilla Greens project.
The original Settlement Agreement between the City and a previous owner of the
Tuscawilla Country Club (TCC) defined two parcels of land, Parcels 7 and 8, which were
granted certain conditional development rights.
In 2007, the owner of the TCC property requested a modification of the Settlement
Agreement to accommodate a request to construct a cell tower on Parcel 8 and
condominium units on a portion of Parcel 7. This request was approved by the City
Commission in 2007 and recorded as part of the Third Amendment to the Settlement
Agreement. As part of the Third Amendment, the owner granted the City several
perpetual conservation easements over undeveloped tree areas on the golf course
property, relinquished vested development rights to develop numerous homes along the
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9 fairway and driving range area, and agreed to make a $25,000 supplemental TLBD
contribution to the City.
In addition, the Third Amendment to the Settlement Agreement also required the
construction of a total of four new tennis courts (two batteries of two courts per battery)
on the TCC property. Two of the four were a replacement for the two courts removed as
part of the development, and the other two were considered additional courts. To date,
three of the four required tennis courts have been built, with all three new courts located
in close proximity to the Club’s existing tennis courts (See Exhibits 1 and 2 for the before
and after photos of the tennis court area).
At the December 8, 2008 City Commission meeting, the Commission approved a
condition whereby the fourth tennis court must be installed prior to the City’s issuance of
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a Certificate of Occupancy for the 8 of the 15 proposed condominium buildings
(“Tennis Court Deadline”).
At the January 25, 2010 City Commission meeting, the Commission considered a request
from the Country Club to modify the Tennis Court Deadline. At that time, the Country
Club still owed the second of two installments of the TLBD Supplemental Contribution
in the amount of $12,500. The Commission approved a motion authorizing the City
Attorney to start negotiating alternatives regarding the Tennis Court Deadline, but only
after the Country Club pays the remaining $12,500.
The second and final installment payment was made to the City. However, after the
payment was made to the City, the development property went into foreclosure which
eventually caused the ownership of the development property to change hands. As such,
the negotiations relative to the Tennis Court Deadline ceased until the new ownership of
the development project began processing its request for final development permits.
City Commission – Regular Meeting
October 10, 2011
Public Hearing Agenda Item # 500
Page 3 of 5
At the September 26, 2011 City Commission meeting, the Commission discussed a
written request made by Morgran Greens, LLC’s. and Winter Springs Golf, LLC’s to be
released of the fourth tennis court requirement. However, after some discussion,
consideration of the request was postponed to allow Staff and the City Attorney further
time to negotiate the Tennis Court Deadline.
On October 3, 2011, Staff and the City Attorney met with representatives of Winter
Springs Golf, LLC. and Morgran Greens, LLC. During that meeting, Winter Springs
Golf, LLC and Morgran Greens, LLC. modified their previous request to be entirely
released of the fourth tennis court requirement. Winter Springs Golf, LLC. now remains
committed to fulfill its obligation to construct the fourth tennis court, but has requested
that the Tennis Court Deadline be tied to future demand. (See Attached Letter, dated
October 3, 2011) Specifically, Winter Springs Golf, LLC. has requested that
commencement of construction of the fourth tennis court be tied to the Club’s future
membership level of 550 members (combined tennis and golf membership) rather than a
certificate of occupancy level related to the development project.
The Tuscawilla Country Club currently has approximately 370 members, with 260
golf/tennis members and 110 tennis-only members. Past membership has been over 500;
however, with the current economic conditions the membership has declined and there
currently is no demand for an additional tennis court according to the Country Club’s
General Manager.
From a technical standpoint, the accommodation of the request to the Tennis Court
Deadline has been complicated by the fact that the ownership of the development project
property has changed hands. There are now two parties of interest relative to the Tennis
Court Deadline: (1) the owner and developer of the development project property,
Morgran Greens, LLC.; and (2) the Tuscawilla Country Club owners, Winter Springs
Golf, LLC.
For purposes of additional clarification, the Settlement Agreement (including the first to
the fourth amendments) are binding obligations recorded against the development
property owned by Morgran Greens, LLC., and the Tuscawilla Country Club property
owned by Winter Springs Golf, LLC. because at the time the Settlement Agreement, and
the amendments, were approved the properties were under common ownership.
However, now that the development property ownership interest has changed, it should
be noted that the construction of the fourth tennis court is required to be constructed on
the Country Club property. But, the current Tennis Court Deadline is a development
permit condition tied to the development property based on the issuance of the certificate
of occupancies for the units.
If the City Commission agrees with the requested amendment to the Tennis Court
Deadline, the following will be required:
1. The development property will be released of the fourth tennis court obligation and
the developer will be permitted to complete all the proposed townhome units
City Commission – Regular Meeting
October 10, 2011
Public Hearing Agenda Item # 500
Page 4 of 5
regardless of the status of the fourth tennis court. The Fifth Amendment between the
City and the owner of the development property, Morgran Greens, LLC. has been
prepared according to Staff’s recommendation to release the development property
from the tennis court requirement under the conditions stated herein and will be
considered as a separate Agenda Item this evening.
2.The Settlement Agreement relative to the Country Club Property only will be
amended to incorporate a new Tennis Court Deadline which will require the Club to
commence construction of the fourth tennis court no later than 90 days after the
Club’s membership level reaches 550 members (“Sixth Amendment to the Settlement
Agreement”).
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
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, eAlert/eCitizen
Recipients, 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 to the Communications Efforts listed above, a sign has been installed at the
front of the development property notifying the public that the Tuscawilla Greens project will be
on the October 10, 2011 City Commission agenda.
City Commission – Regular Meeting
October 10, 2011
Public Hearing Agenda Item # 500
Page 5 of 5
RECOMMENDATION:
Staff recommends the City Commission approve the request by Winter Springs Golf,
LLC and Morgran Greens, LLC to require Winter Springs Golf, LLC to commence construction
of the fourth tennis court no later than 90 days after the Tuscawilla Country Club’s membership
level reaches 550, and authorize the City Manager and City Attorney to prepare, execute, and
record any and all applicable documents including the Sixth Amendment to the Settlement
Agreement between the City and Winter Springs Golf, LLC consistent with the direction given
by the City Commission.
ATTACHMENTS:
1.Exhibit 1 – Tennis Court Aerial – Before (1 page)
2.Exhibit 2 – Tennis Court Aerial – After (1 page)
3.Exhibit 3 – Letter from Winter Springs Golf LLC and Morgran Greens LLC dated
October 3, 2011 (1 page)
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