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2014 03 10 Public Hearing 504 Mermel & Florida Avenue Right of Way Small Scale Plan Amendment and Rezoning, Ordinances 2014-01 & 2014-02 First Readings COMMISSION AGENDA Informational Consent ITEM 504 Public Hearings X Regular March 10, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing for First Reading of both the Small-Scale Future Land Use Map Amendment and Rezoning for approximately 5.22 acres, generally located north of State Road 434, west of Deleon Street as described within Ordinances 2014-01 and 2014- 02. SYNOPSIS: The City of Winter Springs Community Development Department has received an application for a Small-Scale Future Land Use Map Amendment and Rezoning, which if approved, would change the Future Land Use Map and zoning designations for two (2) parcels totaling 5.22 acres in size generally located north State Road 434, west of Deleon Street (see Attachment A - Location Map). Ordinance 2014-01 proposes to change the Future Land Use Map designation on the two (2) parcels from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential" with a "Conservation Overlay" (see Attachment B - Ordinance 2014-01). Ordinance 2014-02 proposes to rezone the same two (2) parcels from Seminole County "Agriculture-3" to City of Winter Springs "R-IA" (One Family Dwelling District) (see Attachment C - Ordinance 2014-02). The applicant has indicated that the parcels will be utilized as a stormwater retention pond and active recreation area as part of the proposed Southern Oaks development (see Attachment D - Southern Oaks Preliminary Plan). CONSIDERATIONS: APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3187 Amendment of adopted comprehensive plan; Public Hearings 504 PAGE 1 OF 10- March 10,2014 Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Winter Springs Charter Section 4.15 Ordinances in General; Winter Springs Article III. Comprehensive Plan Amendments; Section 15-30. Authority, purpose and intent; Section 15-35. Review Procedure; Section 15-36. Review criteria; Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20-31. CONSIDERATIONS: Applicant— Taylor Morrison of Florida INC. Location—North of State Road 434, west of Deleon Street. Site Information — The two (2) parcels totaling 5.22 acres currently have a future land use designation of Seminole County "Rural-3". Both properties were recently annexed into the City of Winter Springs via Ordinance 2013-07 (4.51 acre parcel) and Ordinance 2013-18 (0.712 acres of the vacated Florida Right-of-Way). The applicant has petitioned the City to change the future land use designation of the parcels to City of Winter Springs "Low Density Residential" with a "Conservation Overlay" for utilization of said property as a stormwater retention pond and active recreation as part of the proposed Southern Oaks development. PARCEL Mermel Property 1550 Deleon Street 03-21-31-300-0030-0000 4.51 Acres Florida Avenue Right-of-Way No Address 25-30-31-5BA-0000-020C 0.712 Acres Property Owners: Taylor Morrison of Florida INC. Applicant Address: 151 Southhall Lane Suite 200 Public Hearings 504 PAGE 2 OF 10- March 10,2014 Maitland, Florida 32751 Property Appraiser Parcel I.D numbers: 03-21-31-300-0030-0000 and 25-30-31-5BA-0000-020C Property Acreage: Approximately 5.22 acres Property Legal Descriptions: See 'Attachment E - Legal Description' Current Future Land Use: Seminole County "Rural-3" Proposed Future Land Use: City of Winter Springs "Low Density Residential" with a "Conservation Overlay" Existing Zoning: Seminole County A-3 (Agriculture) Proposed Zoning: City of Winter Springs "R-IA" Existing Land Uses — The properties are currently vacant and are proposed to be utilized as a stormwater retention pond and active recreation as part of the proposed Southern Oaks development. The Southern Oaks development is located partially in the City of Winter Springs and partially in the City of Oviedo. The surrounding area is generally characterized by the following land use and zoning categories. Existing Land Zoning Future Land Use Uses Subject Properties Undeveloped North 4.51 Acres North 4.51 Acres Seminole County A- Seminole County 3 (Agriculture) Rural-3 1. Ave. R-o-W None Fl. Ave. R-o-W one North Undeveloped Seminole County Seminole County A-3 (Agriculture) Rural-3 South Undeveloped City of Oviedo City of Oviedo -1 Low Density Residential East Deleon Street right- None None of-wa West Undeveloped City of Winter City of Winter Springs Springs -IA Low Density Public Hearings 504 PAGE 3 OF 10- March 10,2014 residential The subject property was removed from the Seminole County Rural Boundary by the Board of County Commissioners on August 27, 2013. The annexation for the north 4.51 acres was approved by the City of Winter Springs City Commission on September 9, 2013 via Ordinance 2013-07. The annexation for the southern 0.712 acre parcel, vacated Florida Avenue Right-of-Way, was approved by the City of Winter Springs City Commission on December 9, 2013 via Ordinance 2013-18. The requested small scale plan amendment seeks to assign both City of Winter Springs land use and zoning designations to the aforementioned annexed parcels. The property is subject to a Tri-Party Agreement that was approved by the City Commission on August 26, 2013 and the Seminole County Commission on August 27, 2013. This agreement limits the uses that can be placed on the subject parcel (see Attachment F - Tri-Party Agreement). Said agreement permits the proposed stormwater retention and passive recreational uses on the subject property. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20-31: (1) Compliance with Procedural Requirements- The proposed rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2) Consistent with the Comprehensive Plan- The proposed rezoning change is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property The properties are currently vacant and are proposed to be utilized as a stormwater retention pond and active recreation as part of the proposed Southern Oaks development. Said development is located partially in the City of Winter Springs and partially in the City of Oviedo. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed rezoning from Seminole County Agriculture (A-3) to Winter Springs (R-IA) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have future land use designations in the City of Winter Springs and Seminole County of"Low Density Residential" (5) Does Not Create Spot Zoning - The proposed rezoning does not create a spot zone, which is prohibited by law. The adjoining properties are zoned for residential development (Southern Oaks). The proposed zoning designation is compatible with the surrounding area. (6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. (8) Changed Conditions Make the Proposed Rezoning Necessary- The proposed zoning Public Hearings 504 PAGE 4 OF 10- March 10,2014 designation of R-IA is compatible with the proposed "Low Density Residential" Future Land Use Map classification that is proposed via Ordinance 2014-01. (9)No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11)Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privilege- The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the City. (14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not violate any applicable land use regulations adopted by the City. Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any letters or phone calls in favor of or in opposition to this proposal. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - Through Ordinance 2014-01 the applicant is requesting the City of Winter Springs "Low Density Residential" land use designation with a "Conservation Overlay" on the subject property. The applicant has applied for the future land use amendment and rezoning in order to assign both City of Winter Springs land use and zoning designations to the previously annexed parcels. The proposed use is compatible with the surrounding area, as it generally characterized by low density residential development patterns. Public Facilities: ROADS/TRAFFIC CIRCULATION: The portion of State Road 434 that is closest to the subject property contains two (2) lanes and has access to the State Road 417, which is approximately one (1) mile to the west of the subject property. The preliminary subdivision plan for the Southern Oaks development shows an internal road that will be located to the west of the subject property. This road is proposed for development in both the City of Winter Springs and the City of Oviedo. This street is proposed to service the entire development, north of State Road 434, which the subject property is proposed to be part of Availability of Access: The preliminary subdivision plan proposes to have one (1) point of access to Deleon Street, a local Seminole County local road. The applicant has indicated the parcels in question will Public Hearings 504 PAGE 5 OF 10- March 10,2014 be utilized as a stormwater retention pond and active recreation area as part of the proposed Southern Oaks development. Function Classification: State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within this portion of the City of Winter Springs, State Road 434 is a two-lane roadway. According to the City's Comprehensive Plan, the level of service (LOS) on this portion of State Road 434 is "F". No residential units are proposed on the subject property. POTABLE WATER: No existing City facilities are available at or adjacent to this property. WASTEWATER No existing City facilities are available at or adjacent to this property. RECLAIMED WATER: No existing City facilities are available at or adjacent to this property. ELECTRIC SERVICE: Facilities serving the subject property: None currently. The City of Winter Springs is serviced by Duke Energy for electric service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the subject property: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. Upon development, the site will be required to provide on-site stormwater management in accordance with all applicable St. John's River Water Management District(SJRWMD) criteria. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are averaged monthly. FIRE: iSeminole County is responsible for fire protection. City of Oviedo Fire Station 44, located at 42 Central Ave S., Oviedo, Florida is the closest fire station. The response time is approximately two minutes. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential" with a "Conservation Overlay" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Low Density Residential" future land use designation, and the subject property is Public Hearings 504 PAGE 6 OF 10- March 10,2014 surrounded primarily by low density residential development. NATURAL RESOURCES COMPATIBILITY: The subject property is proposed to include a conservation overlay on the site. Because there is a conservation overlay on a portion of the property, staff relies on the environmental impact study which was provided as part of the Large-Scale Plan Amendment per Ordinance 2012-21 (Weaver property). The 5.22 acres of property represented by this request are included in the aforementioned report. SOILS The Southern Oaks development consists of Basinger, Samsula and Hontoon Soils, Depressional, and Basinger and Delray fine sands. Basinger, Samsula and Hontoon Soils, Depressional soils are nearly level, very poorly drained that are found in swamps and depressions. According to the Environmental Impact Study that was submitted: "the surface layer of Basinger soil consists of very dark gray mucky fine sand about six (6) inches thick. Samsula surface layer is muck that is about 30-inches thick. The surface layer of Hontoon soil consists of dark reddish brown much about 18-inches thick. During most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months or more. The permeability of this soil unit is rapid." Basinger and Delray sands are nearly level, poorly drained soils found in sloughs and poorly defined drainageways. The surface layer of Basinger soil consists of very dark gray fine sand about five (5) inches thick. The surface of Delray soil consists of black fine sand about 12-inches thick. During most years the seasonal high table for this soil type is within 12- inches of the surface for 6 months or more. The permeability of Basinger soil is rapid. The permeability of Delray soil is rapid in the upper part and moderate in the lower part. FLOOD PRONE AREAS The property is located in both Flood Zones "AE" & "X", and in the regulatory floodway according to the FEMA Flood Insurance Rate Map, panel 121170180F. The eastern portion of the property that is within Flood Zone AE contains Solary Canal and should be considered highly flood prone. HISTORIC RESOURCES No known historical resources are located on the subject property or within the vicinity of the subject property. WILDLIFE The proposed conservation overlay area for the Southern Oaks development indicates that the project may potentially contain protected wildlife habitat areas, in addition to hydric soils/wetlands and special vegetative communities. The environmental report that was submitted with the preliminary subdivision plan indicated the existence of gopher tortoises on the property and the existence of four (4) bald eagle nests within one (1) mile of the subject property, well outside the required 660-foot no development buffer that is required around bald eagle nests. The Environmental Impact Study states the gopher tortoises will be re- located off-site to a Florida Fish and Wildlife Conservation Commission (FFWCC) approved recipient site. CONSISTENCY WITH THE COMPREHENSIVE PLAN Public Hearings 504 PAGE 7 OF 10- March 10,2014 Future Land Use Element Per the Comprehensive Plan, the Low Density Residential future land use category permits up to a maximum of 3.5 dwelling units per acre. This residential category is characterized by detached single-family homes on one-quarter acre lots. This land use category is intended to be applied as a transitional land use where higher density residential land uses would conflict with existing adjacent neighborhoods. The surrounding area is generally characterized by low density residential uses. The proposed future land use amendment is consistent with the Comprehensive Plan. The Conservation Overlay is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. The proposed future land use amendment is consistent with the following policies from the Future Land Use Element of the Comprehensive Plan: 1. Policy 1.1.8 —requires an Environmental Impact Study to be submitted which identifies the extent of all conservation areas and protected species on-site, and the impacts of development when a portion of a site is illustrated in the Comprehensive Plan as having a Conservation Overlay. An environmental Impact Assessment for the Southern Oaks development was previously submitted with the large-scale plan amendment that was approved per Ordinance 2012-21. 2. Policy 1.12.11 -requires areas determined to need protection through the Environmental Impact Study process to be placed into a permanent conservation easement prior to final development order approval. 3. Policy 1.3.1 - requires all development proposals to determine their specific impacts on current Level of Service (LOS) and mobility standards. 4. Policy 1.3.4 -requires the City to support proposed future land use map amendments with data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet the projected growth demands. 5. Policy 1.7.1 -requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments. Conservation Element The proposed future land use amendment is consistent with the following policies from the Conservation Element of the Comprehensive Plan: 1. Policy 1.4.1 — requires the protection of the natural functions of wetlands through the Conservation Overlay on the Future Land Use Map and the Conservation land use category, as defined in the Future Land Use Element. 2. Policy 1.4.6 —requires the incorporation of existing isolated wetlands into development projects as appropriate, provided the wetlands remain undisturbed and their natural functions are not impaired Public Hearings 504 PAGE 8 OF 10- March 10,2014 FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. 4. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential" with a Conservation Overlay, will provide additional taxable value to the City because this parcel serves as both open space and retention for the proposed Southern Oaks development. The subject parcels are conducive to existing low density residential development. The proposed stormwater retention pond and recreational uses designated for this site are consistent with the Tri-Party Agreement between the City of Winter Springs, Seminole County, and the property owner, and it has been determined to be the highest and best use of the subject property and represents a redevelopment of the property. 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. Adjacent property owners have been notified by US mail and a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of both the Small-Scale Future Land Use Map Amendment (Ordinance 2014-01) and Rezoning (Ordinance 2014-02) for approximately 5.22 acres, generally located north of State Road Public Hearings 504 PAGE 9 OF 10- March 10,2014 434, west of Deleon Street as described within Ordinances 2014-01 and 2014-02. ATTACHMENTS: A. Location Map B. Ordinance 2014-01 C. Ordinance 2014-02 D. Southern Oaks Preliminary Subdivision Plan E. Legal Description F. Tri-Party Agreement G. Advertisement, Orlando Sentinel —February 9, 2014 H. Draft Minutes, February 19, 2014 Planning and Zoning Board - Local Planning Agency Public Hearings 504 PAGE 10 OF 10- March 10,2014 'y fir. • � u.° � �' �4« �� "r� 'a "` _ ,�._ �.. si� F[�" �fi '- • ,y ;*t•' �c 7k� # GDS sK. a � m - �'MSUBJECT PROPERTY IT s � 1 y -� w S rY� '�' 3' .. g, ��.v..sx�', -.y,.✓:u d dA� 11. JtI „r ok w .!�• �yS 1 il\ - i' Attachment "B" ORDINANCE NO. 2014-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP FOR TWO (2)PARCELS OF REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS CONSISTING OF 5.22 TOTAL ACRES,MORE OR LESS, EACH GENERALLY LOCATED NORTH OF STATE ROAD 434 WEST OF DELEON STREET, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO; ASSIGNING ONE (1) PARCEL OF VACATED RIGHT-OF-WAY THE WINTER SPRINGS FUTURE LAND USE MAP DESIGNATION,"LOW DENSITY RESIDENTIAL" WITH "CONSERVATION OVERLAY" ON THOSE AFFECTED AREAS; CHANGING THE FUTURE LAND USE MAP DESIGNATION ON ONE (1) PARCEL FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "LOW DENSITY RESIDENTIAL" SUBJECT TO THE DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN SEMINOLE COUNTY OFFICIAL RECORD BOOK 8138,PAGE 1399; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS,the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(l), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on February 19,2014 in accordance with the procedures established in Chapter 163, Part 11, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan City of Winter Springs Ordinance No.2014-01 Page 1 of 3 Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance 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 SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, formerly known as the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify,expand,correct,update,modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property legally described and depicted on Exhibit "A" as City of Winter Springs "Low Density Residential"with"Conservation Overlay"on those affected areas; and by changing the designation of the real property legally described and depicted on Exhibit "B" from Seminole County"Rural 3" to City of Winter Springs "Low Density Residential" subject to the Declaration of Restrictive Covenants recorded in Seminole County Official Record Book 8138,page 1399. Exhibits"A"and "B" are attached hereto and fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission,or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance 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 Ordinance. Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance,said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter City of Winter Springs Ordinance No.2014-01 Page 2 of 3 and any heading may be changed or modified as necessary to effectuate the foregoing. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (3 1) days after adoption, in accordance with Section 163.3187(5)(c),Florida Statutes,unless challenged within thirty(30)days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24th day of March, 2014. 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 Ordinance No.2014-01 Page 3 of 3 LCPAParcel View: 03-21-31-300-0030-0000 Page 1 of 2 Property Record Card EXHIBIT "All AQ' Y Parcel: 03-21-31-300-0030-0000 AP � Owner:TAYLOR MORRISON OF FL INC SFl.MFK7LECOUNTY,Ft[xrir2a Property Address: 1550 DE LEON ST OVIEDO, FL 32765 <Back I Save Layout I Reset Layout I New Search Parcel:03-21-31-300-0030-0000 Value Summary Property Address: 1550 DE LEON ST 2014 Working 2013 Certified Owner:TAYLOR MORRISON OF FL INC Values Values Mailing: 151 SOUTHHALL LN STE 200 Valuation Cost/Market Cost/Market MAITLAND,FL 32751 Method Subdivision Name:(View PI Number of 1 1 Buildings Tax District:01-COUNTY-Tx DIST I Depreciated Exemptions: Bldg Value $31,284 $29,529 DOR Use Code:01-SINGLE FAMILY Depreciated $1,123 51,123 EXFT Value Land Value $202,950 $196,380 1 l (Market) r fS Land Value Ag L CRESS RUN r � lust/ urkei 5235,357 $227,032 1106 t9 Q r Portability Adj � D Wf Save Our Homes $0 $O 1P I AdJ f Uj Amendment 1 �r AdJ 50 $0 Assessed Value $235,3571 5227,032 FS Tax Amount without SOH: 53,634 rfin il., E L-EC F" 2013 Tax Bill Amount 53,634 €} Tax Estimator j ^y �s P. C Save Our Homes Savings: $0 Map I Aerial Both Footprint t Extents Center •Does NOT INCLUDE Non Ad Valorem Larger Map I Advanced Map I Dual Map View-External Assessments Legal Description SEC 03 TWP 21S RGE 31E S 112 OF SE 114 OF SW 114 OF NW 1/4(LESS RD) Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund 5235,3$7 $0 $235,357 Schools $235,357 SO $235,357 Fire $235,357 SO $235,357 Road District $235,357 SO 5235,357 SJWM(Sa1nt johns Water Management) $235,357 SO $235,357 County Bondsi $235,357 S0 $235,357 Sales Deed Date Book Page Amount Vac/Imp Qualified QUITCLAIM DEED 0112014 08190 0112 $100 Improved No SPECIAL WARRANTY DEED 01/2014 0819 0103 $5,452,700 Improved No SPECIAL WARRANTY DEED 11/2013 08165 1Q.5 4 $100 Improved N CORRECTIVE DEED 08/2013 08121 J&72 $100 Improved No SPECIAL WARRANTY DEED 07/2012 G§QAQI 2J Q $100 Improved No SPECIAL WARRANTY DEED 05/2012 07ZZR JL7Z $245,000 Improved No CERTIFICATE OF TITLE 03/2012 07740 0010 $100 Improved No WARRANTY DEED 11/1996 03531 1168 $185,000 Improved Yes SPECIAL WARRANTY DEED 08/1997 63293 1722 $100 Improved No SPECIAL WARRANTY DEED 08/1997 03293 171 4100 Improved No WARRANTY DEED 03/1992 02415 1454 $147,500 Improvedl Yes QUIT CLAIM DEEDI 03/1991 02284 0049 $100 Improved No WARRANTY DEED 1211986 01822 1843 $105,000 Improved Yes Find Comparable Sales within this Subdivision http:/l www.sepafl.org/ParceiDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014 SCPA Parcel View: 03-21-31-300-0030-0000 Page 2 of 2 Land Method Frontage Depth Units Unit Price Land Value ACREAGE ol 0 .146 45,000.00 $6,570 ACREACEI 01 01 4,3641 45,000.00 $196,380 Building Information Year Built Base Living Adj Repl ends # Description ActuaVEffective Fixtures Area Total 5F SF Ext Wall Value Value Appendages 1 SINGLE 1965 12 1,888.00 2,680.00 2,572.00 CONC $31,284 $44,062 Description Area FAMILY BLOCK UTILITY 108 FINISHED UPPER STORY 684 FINISHED Permits Permit# Type Agency Amount CO Date Permit Date 04301 Addition-Residen!Iall Countyl $2,400 11/01/1994 Extra Features Description Year Bit Units Value Cost New ALUM UTILITY BLDG W/CONC FL 19791 4321 $1,123t_ 52,806 Back j Save Layout Reset Layout I New Search http://www.sepafl.org/PareelDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014 '3CPA Parcel View: 25-20-31-5BA-0000-020C Page I of 2 EXHIBIT "B" Property Record Card Y Parcel: 25-20-31-5BA-0000-020C AA Owner:TAYLOR MORRISON OF FL INC sEMIN01F C0UN7v,Ft.ot;ipw property Address: FL <Back I Save Layout I Reset Layout I New Search Parcel:25-20-31-5BA-0000-020C Value Summary Property Address: 2014 Working 2013 Certified Owner:TAYLOR MORRISON OF FL INC Values Values Mailing: 151 SOUTHHALL LN STE 200 Valuation Cost/Market MAITLAND,FL 32751 Method Subdivision Name:BLACK HAMMOCK Number of Buildings Tax District:WI-WINTER SPRINGS Depreciated Bldg Exemptions: Value DOR Use Code:00-VACANT RESIDENTIAL Depreciated EXFT value Land Value (Market) Land Value Ag lust/Market value so Value•* Portability Adj F Save Our Homes so N Adj Z Amendment 1 p Adj S0 51 K.c<r — P&G Adj $0 W Assessed Value $0 Tax Amount without SOH: $0 2013 Tax Bill Amount S0 Tax Estimator Map Aerial Both Footprint + Extents Center Save Our Homes Savings: $0 Larger Map I Advanced Map I Dual Map View-External 'Does NOT INCLUDE Non Ad Valorem Assessments Legal Description PORTION OF VACATED RD N OF LOT 20 BLACK HAMMOCK PB 1 PG 31 Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund s0 SO 50 Schools s0 50 $0 Fire Fund $0 $0 s0 City Winter Springs so 50 SO Winter Springs Bonds s0 $0 SO SJWM(Saint Johns Water Management) Sol Sol SO County Bonds $01 Sol So Sales Deed Date I Book Page Amount Vac/Imp Qualified i SPECIAL WARRANTY DEED 01/20141 08190 21031 $5,452,7001 Vacanti No QUIT CLAIM DEEDI 01120141 08190 0112 51001 Vacant No Find Comparable Sales within this Subdivision Land Method Frontage Depth Units Unit Price Land Value Building Information Year Built Base Total Living Ext Adj Repl tk Description Actual/Effective Fixtures Area SF SF Wall Value Value Appendages Description Area http://www.scpafl.org/ParcelDetails.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014 SCPA Parcel View: 25-20-31-5BA-0000-020C Page 2 of 2 Permits Permit# Type Agency Amount CO Date Permit Date Extra Features Description Year Olt Units Value Cosi New <Back I Save Layout I Reset Layout New Search hl tp://www.scpafl.org/PareelDeWls.aspx?PID=25-20-31-5BA-0000-0200&PRINT=YES 1/30/2014 Attachment "C" ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,CHANGING THE ZONING MAP DESIGNATION OF TWO (2) PARCELS OF REAL PROPERTY TOTALING 5.22 GROSS ACRES, MORE OR LESS, EACH GENERALLY LOCATED ON NORTH OF STATE ROAD 434 WEST OF DELEON STREET, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS"A"AND"B"ATTACHED HERETO,ZONING ONE (1) PARCEL OF VACATED RIGHT-OF-WAY "R-IA ONE FAMILY DWELLING DISTRICT;" CHANGING THE ZONING DESIGNATION OF ONE (1) PARCEL FROM SEMINOLE COUNTY "A-3 RURAL 3 DISTRICT" TO WINTER SPRINGS "R-IA ONE FAMILY DWELLING DISTRICT" SUBJECT TO THE DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN SEMINOLE COUNTY OFFICIAL RECORD BOOK 8138, PAGE 1399; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City Commission 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, the Planning and Zoning Board and City Staff of the City of Winter Springs has recommended approval of this Ordinance at their February 19, 2014 meeting; and WHEREAS,the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation,hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient,competent,and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. City of Winter Springs Ordinance No.2014-02 Page 1 of 3 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs,as described in City of Winter Springs Code Section 20-102,is hereby amended to classify the property legally described and depicted on Exhibit"A,"as City of Winter Springs "R- lA One Family Dwelling District;"and to include a change of classification for the property legally described and depicted on Exhibit "B" from Seminole County "R-3 Rural 3 District" to Winter Springs"R-IA One Family Dwelling District." Exhibits"A"and`B"are attached hereto and fully incorporated herein by this reference. Section 3. Restricted Rezoning. Pursuant to section 20-31(e) of the City Code, this rezoning shall be restricted. The use restrictions set forth in the Declaration of Restrictive Covenants recorded in Seminole County Official Record Book 8138,pages 1399-1411 (13 pages), as may be amended from time to time, shall apply to the property legally described and depicted on Exhibit "B." Said covenants are hereby fully incorporated herein by this reference. Section 4. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance to reference the use restrictions authorized and imposed by this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission,the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County, Florida. This Ordinance shall run with the land. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission,or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance 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 Ordinance. Section 7. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance No. 2014-01 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-01 does not become effective, then this Ordinance shall become null and void. City of Winter Springs Ordinance No.2014-02 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 24th day of March, 2014. 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 Ordinance No.2014-02 Page 3 of 3 LCPAParcel View: 03-21-31-300-0030-0000 Page 1 of 2 Property Record Card EXHIBIT "All AQ' Y Parcel: 03-21-31-300-0030-0000 AP � Owner:TAYLOR MORRISON OF FL INC SFl.MFK7LECOUNTY,Ft[xrir2a Property Address: 1550 DE LEON ST OVIEDO, FL 32765 <Back I Save Layout I Reset Layout I New Search Parcel:03-21-31-300-0030-0000 Value Summary Property Address: 1550 DE LEON ST 2014 Working 2013 Certified Owner:TAYLOR MORRISON OF FL INC Values Values Mailing: 151 SOUTHHALL LN STE 200 Valuation Cost/Market Cost/Market MAITLAND,FL 32751 Method Subdivision Name:(View PI Number of 1 1 Buildings Tax District:01-COUNTY-Tx DIST I Depreciated Exemptions: Bldg Value $31,284 $29,529 DOR Use Code:01-SINGLE FAMILY Depreciated $1,123 51,123 EXFT Value Land Value $202,950 $196,380 1 l (Market) r fS Land Value Ag L CRESS RUN r � lust/ urkei 5235,357 $227,032 1106 t9 Q r Portability Adj � D Wf Save Our Homes $0 $O 1P I AdJ f Uj Amendment 1 �r AdJ 50 $0 Assessed Value $235,3571 5227,032 FS Tax Amount without SOH: 53,634 rfin il., E L-EC F" 2013 Tax Bill Amount 53,634 €} Tax Estimator j ^y �s P. C Save Our Homes Savings: $0 Map I Aerial Both Footprint t Extents Center •Does NOT INCLUDE Non Ad Valorem Larger Map I Advanced Map I Dual Map View-External Assessments Legal Description SEC 03 TWP 21S RGE 31E S 112 OF SE 114 OF SW 114 OF NW 1/4(LESS RD) Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund 5235,3$7 $0 $235,357 Schools $235,357 SO $235,357 Fire $235,357 SO $235,357 Road District $235,357 SO 5235,357 SJWM(Sa1nt johns Water Management) $235,357 SO $235,357 County Bondsi $235,357 S0 $235,357 Sales Deed Date Book Page Amount Vac/Imp Qualified QUITCLAIM DEED 0112014 08190 0112 $100 Improved No SPECIAL WARRANTY DEED 01/2014 0819 0103 $5,452,700 Improved No SPECIAL WARRANTY DEED 11/2013 08165 1Q.5 4 $100 Improved N CORRECTIVE DEED 08/2013 08121 J&72 $100 Improved No SPECIAL WARRANTY DEED 07/2012 G§QAQI 2J Q $100 Improved No SPECIAL WARRANTY DEED 05/2012 07ZZR JL7Z $245,000 Improved No CERTIFICATE OF TITLE 03/2012 07740 0010 $100 Improved No WARRANTY DEED 11/1996 03531 1168 $185,000 Improved Yes SPECIAL WARRANTY DEED 08/1997 63293 1722 $100 Improved No SPECIAL WARRANTY DEED 08/1997 03293 171 4100 Improved No WARRANTY DEED 03/1992 02415 1454 $147,500 Improvedl Yes QUIT CLAIM DEEDI 03/1991 02284 0049 $100 Improved No WARRANTY DEED 1211986 01822 1843 $105,000 Improved Yes Find Comparable Sales within this Subdivision http:/l www.sepafl.org/ParceiDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014 SCPA Parcel View: 03-21-31-300-0030-0000 Page 2 of 2 Land Method Frontage Depth Units Unit Price Land Value ACREAGE ol 0 .146 45,000.00 $6,570 ACREACEI 01 01 4,3641 45,000.00 $196,380 Building Information Year Built Base Living Adj Repl ends # Description ActuaVEffective Fixtures Area Total 5F SF Ext Wall Value Value Appendages 1 SINGLE 1965 12 1,888.00 2,680.00 2,572.00 CONC $31,284 $44,062 Description Area FAMILY BLOCK UTILITY 108 FINISHED UPPER STORY 684 FINISHED Permits Permit# Type Agency Amount CO Date Permit Date 04301 Addition-Residen!Iall Countyl $2,400 11/01/1994 Extra Features Description Year Bit Units Value Cost New ALUM UTILITY BLDG W/CONC FL 19791 4321 $1,123t_ 52,806 Back j Save Layout Reset Layout I New Search http://www.sepafl.org/PareelDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014 '3CPA Parcel View: 25-20-31-5BA-0000-020C Page I of 2 Property Record Card Y Parcel: 25-20-31-5BA-0000-020C EXHIBIT B AA Owner:TAYLOR MORRISON OF FL INC sEMIN01F C0UN7v,Ft.ot;ipw property Address: FL <Back I Save Layout I Reset Layout I New Search Parcel:25-20-31-5BA-0000-020C Value Summary Property Address: 2014 Working 2013 Certified Owner:TAYLOR MORRISON OF FL INC Values Values Mailing: 151 SOUTHHALL LN STE 200 Valuation Cost/Market MAITLAND,FL 32751 Method Subdivision Name:BLACK HAMMOCK Number of Buildings Tax District:WI-WINTER SPRINGS Depreciated Bldg Exemptions: Value DOR Use Code:00-VACANT RESIDENTIAL Depreciated EXFT value Land Value (Market) Land Value Ag lust/Market value so Value•* Portability Adj F Save Our Homes so N Adj Z Amendment 1 p Adj S0 51 K.c<r — P&G Adj $0 W Assessed Value $0 Tax Amount without SOH: $0 2013 Tax Bill Amount S0 Tax Estimator Map Aerial Both Footprint + Extents Center Save Our Homes Savings: $0 Larger Map I Advanced Map I Dual Map View-External 'Does NOT INCLUDE Non Ad Valorem Assessments Legal Description PORTION OF VACATED RD N OF LOT 20 BLACK HAMMOCK PB 1 PG 31 Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund s0 SO 50 Schools s0 50 $0 Fire Fund $0 $0 s0 City Winter Springs so 50 SO Winter Springs Bonds s0 $0 SO SJWM(Saint Johns Water Management) Sol Sol SO County Bonds $01 Sol So Sales Deed Date I Book Page Amount Vac/Imp Qualified i SPECIAL WARRANTY DEED 01/20141 08190 21031 $5,452,7001 Vacanti No QUIT CLAIM DEEDI 01120141 08190 0112 51001 Vacant No Find Comparable Sales within this Subdivision Land Method Frontage Depth Units Unit Price Land Value Building Information Year Built Base Total Living Ext Adj Repl tk Description Actual/Effective Fixtures Area SF SF Wall Value Value Appendages Description Area http://www.scpafl.org/ParcelDetails.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014 SCPA Parcel View: 25-20-31-5BA-0000-020C Page 2 of 2 Permits Permit# Type Agency Amount CO Date Permit Date Extra Features Description Year Olt Units Value Cosi New <Back I Save Layout I Reset Layout New Search hl tp://www.scpafl.org/PareelDeWls.aspx?PID=25-20-31-5BA-0000-0200&PRINT=YES 1/30/2014 R-C-1 Attachment it y I I :J Al r-�q k � ' I sm 9 I silt zR A a 1. 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R AOGUSrW12 $PII]IdO�C CA9[Ily� Fbf`tld8 ore{aa]1 6'16-]996 Fa.IaM)8]6-AQ]9 CPA Parcel View: 03-21-31-300-0030-0000 Page 1 of 2 Property Record Card Attachment "LL" Pa rcei: 03-2 f-31-340-0430-4000 � Owner:TAYLOR MORRISON OF FL INC S MIW'X r(-CXr itY F1 0"10A Property Address: 1550 DE LEON ST OVIEDO,FL 32765 -Back I Save Layout I Reset Layout New Search I i Parcel 03-21-31-300-0030-0000 Value Summary Property Address: 1550 DE LEON ST 2014 Working 2013 Certified Owner:TAYLOR MORRISON OF FL INC Values Values Mailing: 151 SOUTHHALL LN STE 200 Valuation Cost/Market Cost/Market MAITLAND,FL 32751 Method Subdivision Name:jView Plat Number of 1 1 Buildings Tax District:01-COUNTY-TX DIST 1 Depreciated Exemptions: Bldg Value $31,284 $29,529 DOR Use Code:01-SINGLE FAMILY Depreciated $1,123 51,123 EXFT Value Lard Value $202,950 $196,380 (Market) Land Value Ag CRESS RUN © r lust/Mar e• $235,357 $227,032 A3 rg `.9 Q r� r Portability Adj A? N W O Save Our Homes $0 $0 R 6 W & I Amendment Uj rB Adj $0 $0 gg L Assessed Value $235,357 5227,032 _$ Tax Amount without SOH: $3,634 2013 Tax Bill Amount 53,634 �} Tax Estimator 1 Q} j5 D Save Our Homes Savings: $0 Map I Aerial Both Footprint -f I Extents center Does NOT INCLUDE Non Ad Valorem Larger Map I Advanced Map I Duai Map View-External Assessments Legal Description SEC 03 TWP 21S RGE 31E S 112 OF SE 1/4 OF SW 1/4 OF NW 1/4(LESS RD) Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund $235,357 $0 $235,357 Schools $235,357 $0 $235,357 Fire $235,357 5o $235,357 Road District $235,357 5o $235,357 S)WM(Saintjohns Water Management) $235,357 50 $235,357 County Bondsi $235,357 50 $235,357 Sales Deed Date Book Page Amount Vac/Imp Qualified QUIT CLAIM DEED 01/2014 08190 0112 $100 Improved No SPECIAL WARRANTY DEED 0112014 08190 0103 $5,452,700 Improved No SPECIAL WARRANTY DEED 11/2013 08165 1054 $100 Improved No CORRECTIVE DEED 0812013 08121 1872 $100 Improved No SPECIAL WARRANTY DEED 07/2012 080401 0520 $100 Improved No SPECIAt WARRANTY DEED 0512012 07779 1172 $245,000 Improved No CERTIFICATE OF TITLE 0312012 07740 Oo1D $100 Improved No WARRANTY DEED 11/1998 03531 1168 $185,000 Improved Yes SPECIAL WARRANTY DEED 08/1997 03293 172[) $100 Improved No SPECIAL WARRANTY DEED 08/1997 03293 1716. $100 Improved No WARRANTY DEED 03/1992 02415 14S41 $147,500 mprovecli Yes QUIT CLAIM DEED 03/1991 02284 00491 $100 Improved No WARRANTY DEED 1211986 Q_18221 843 S105,0001 Jmprovedl Yes Find Comparable Sales within this Subdivision http://www.sepafl.org/ParcelDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014 SCPA Parcel View: 03-21-31-300-0030-0000 Page 2 of 2 Land Method Frontage Depth Units Unit Price Land Value ACREAGE ol 0 .146 45,000.00 $6,570 ACREACEI 01 01 4,3641 45,000.00 $196,380 Building Information Year Built Base Living Adj Repl ends # Description ActuaVEffective Fixtures Area Total 5F SF Ext Wall Value Value Appendages 1 SINGLE 1965 12 1,888.00 2,680.00 2,572.00 CONC $31,284 $44,062 Description Area FAMILY BLOCK UTILITY 108 FINISHED UPPER STORY 684 FINISHED Permits Permit# Type Agency Amount CO Date Permit Date 04301 Addition-Residen!Iall Countyl $2,400 11/01/1994 Extra Features Description Year Bit Units Value Cost New ALUM UTILITY BLDG W/CONC FL 19791 4321 $1,123t_ 52,806 Back j Save Layout Reset Layout I New Search http://www.sepafl.org/PareelDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014 SCPA Parcel View: 25-20-31-5BA-0000-020C Page 1 of 2 CM-"-kovlr- , ,�yq Property Record Card PROPERTY Parcel: 25-20-31-SBA-0000-020C APPRAISER Owner:TAYLOR MORRISON OF FL INC sf-nur.,ot F CAXJNTY Ft ORIDA property Address: FL Back I Save Layout I Reset Layout New Search Parcel:25-20-31-5BA-0000-020C Value Summary Property Address: 2014 Working 2013 Certified Owner:TAYLOR MORRISON OF FL INC Values Values Mailing: 151 SOUTHHALL LN STE 200 Valuation Cost/Market MAITLAND,FL 32751 Method Subdivision Name:BLACK HAMMOCK Number of 0 Buildings Tax District:W1-WINTER SPRINGS Depreciated Bldg Exemptions: Value DOR Use Code:00-VACANT RESIDENTIAL Depreciated EXFT Value Land Value (Market) Land Value Ag lust/Market $0 Value*" Portability Adj Save Our Homes $0 Adj Z Amendment 1 Adj $0 W .� - P&G Adj s0 W Assessed Value $0 a Tax Amount without SOH: $0 1013 Tax Bill Amount $0 Tax Estimator Map Aerial Both Footprint + Extents Center Save Our Homes Savings: SO Larger Map I Advanced Map I Dual Map View-Extemal Does NOT INCLUDE Nor Ad Valorem Assessments -- Legal Description PORTION OF VACATED RD N OF LOT 20 BLACK HAMMOCK PB 1 PG 31 Tax Details Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund SO SD $0 Schools so s0 s0 Fire Fund $0 s0 s0 City Winter Springs $0 s0 s0 Winter Springs Bond si Sol Sol s0 SJWM(5aintJohns Water ManagEment)l Sol Sol S0 iCounty Bonds $0 50 $0 Sales Deed Date I Book Page Amount Vac/Imp Qualified SPECIAL WARRANTY DEED 01/20141 0819011 0103 $5,452,700 Vacantl No QUIT CLAIM DEEDI 0112014 .9112al 0112 $1001 Vacanti No Find Comparable Sales within this Subdivision Land Method I Frontage Depth Units unit Price Land Value Building Information #Description Year Built Fixtures Base Total Living Ext Adj Repl Appendages Actu ffective Area SF SF Wail Value Value Description Area http://www.scpafl.org/ParcelDetails.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014 SCPA Parcel View: 25-20-31-5BA-0000-020C Page 2 of 2 Permits Permit# Type Agency Amount CO Date Permit Date Extra Features Description Year Olt Units Value Cosi New <Back I Save Layout I Reset Layout New Search hl tp://www.scpafl.org/PareelDeWls.aspx?PID=25-20-31-5BA-0000-0200&PRINT=YES 1/30/2014 Attachment'T" MARYANNE MORSE, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER BK 88138 Pgs 1399 - 1411; (13pgs) This instrument was prepared by and return to: CLERK' S # 2 1131 28507 Dwight D. Saathoff,Esq. RECORDED 18/87/2813 88:27:15 AM 7575 Dr.Phillips Blvd., Suite 265 RECORDING FEES 112.88 Orlando,FL 3281',9 RECORDED BY H DeVore DECLARATION OF RESTRICTIVE COVENANTS THIS !DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made and entered into effective as of the 5 r day of Qg�v-4 -- , 2013, (the "Effective Date") by AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA, LLC, a Florida limited liability limited company ("American Land" or"Owner"). RECITALS: A. American Land owns fee simple title in and to the real property described in Exhibit "A" attached hereto (the "Mermel Property"). B. In conjunction with annexing the Mermel Property into the City of Winter Springs, American Land entered into a tri-party agreement by and between the City of Winter Springs, Florida (the "City"), Seminole County, and Owner entitled "Agreement between Seminole County, Winter Springs, and American Land Investments of Central Florida, LLC Related to the Mermel Property," dated September 5, 2013, which was approved by both the Seminole County Commission and the City of Winter Springs City Commission, a copy of which is attached hereto as Exhibit "B" (','Tri-Party Agreement"). C. The Tri-Party Agreement contains certain restrictions affecting development of the Mermel Property and an obligation that Owner memorialize those restrictions through the execution and recording of restrictive covenants. D. Owner now desires to further restrict development of the Mermel Property by imposing additional covenants and restrictions, as further described herein. COVENANTS: NOW, THEREFORE, Owner does hereby declare, covenant and agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into and made a part of this Declaration. 2. ,Use Restrictions. Owner hereby declares, covenants and agrees to restrict the use and development of the Mermel Property by imposing the following restrictions (collectively, the "Restrictions"): (a) The restrictions on use enumerated as Items (1) through (6) in Section 2(b) of the Tri-Party Agreement. {27169935;5} (b) All parking areas located on the Mermel Property will be constructed using pervious paving materials if, and to the extent permitted, by the City. 3. Assignment to HOA. Owner may unilaterally transfer all or a portion of its rights and obligations under this Declaration to a homeowners' association duly created by Owner for, and with respect to, the Mermel Property and adjacent parcels which, with the Mermel Property, are developed as a''residential subdivision("HOA"). 4. Choice of Law and Venue. This Declaration shall be construed and interpreted under the laws of the State of Florida, without giving effect to principles of conflict of laws, except where specifically pre-empted by Federal law. Venue with respect to any state or federal litigation in connection with this Declaration shall lie exclusively in Seminole County, Florida. 5. Modification; Other Covenants. The Restrictions cannot be altered or amended except by written instrument executed by the Owner (or its respective successors or assigns), the City and Seminole County. 6. Exhibits. All exhibits referred to herein and attached to this Declaration are hereby incorporated fully into and made part of this Declaration. 7. Runs with the Land. It is the Owner's intent that this Declaration and the obligations hereunder shall run with the land and with the title to the Mermel Property, shall be binding upon all parties having or acquiring any right, title or interest in any part of the Mermel Property described herein or in any part thereof, and shall benefit the City and Seminole County. Other than the'',City and Seminole County, there are no third party beneficiaries of this Declaration and nothing contained in this Declaration is intended to create any rights in the general public. 8. Recording. This Declaration shall be recorded in the Public Records of Seminole County, Florida; at the cost of the Owner. 9. Interpretation. Captions and section headings contained in this Declaration are for convenience of reference only. They do not define, describe, extend or limit the scope or intent of this Declaration or any provision hereof. The terms "herein," "hereby," "hereof," "hereto," "hereunder" and any similar terms refer to this Declaration in its entirety and not solely to the particular section or paragraph in which the term is used. All terms and words used in this Declaration, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. The invalidity or unenforceability of any provision of this Declaration shall not affect the other provisions hereof, and this Declaration shall be construed in all respects as if such invalid or unenforceable provision was omitted. [The remainder of this page is blank. This Declaration continues on the next page.] {27169935;5} 2 IN WITNESS WHEREOF, Owner has caused this Declaration to be executed by its undersigned representative, hereunto duly authorized, on the date or dates set forth below and with the intent that this Declaration shall take effect on and as of the Effective Date. WITNESSES: AMERICAN LAND EWESTMENTS OF CENTRAL FLORIDA,LLC, a Florida limited liability company By: O� Dwight Safatthoff, paging Member Date: 0C-W,eP- ?J , 2013 Witness Sig ature Printed Name: 70+Vlo✓' `•,�� Witness Sig ure Printed Name: 5✓s str/ e 20 e STATE OF FLORIDA ) ss: COUNTY OF ORANGE ) The foregoing instrument was acknowledged before me this 3 "O day of OaroaE n,2013 by yr t G N It S 4-q 140 off, the 14 a a✓A 6,N a n e w0 ttt of American Land Investments of Central Florida, LLC, a Florida limited liability limited company, on behalf of the said corporation. He [ ] is personally known to me, or [ ] produced a Florida Driver's License for identification. j / 5 NOTARY STAMP: NOTARY PUBLI Print Name: a ° SUSAN J GORDON My Commission Expires: Notary Public-State of Florida My Comm.Expires Nov 14,2014 Commission #EE 41705 {27169935;5} 3 6 ESffE_PC�l ANT .17ESCF'IPTION WGIBILITY UN SATISFACT®Ry NOT A BOUNDARY SURVEY FOR SCANNING � DESCRIPTION AS FOLLOWS: A portion of the South 112 of the Southeast 114 of the Southwest 114 of the Northwest 114 of Section 3, Township 21 South, Range 31 East lying West of Deleon Street(40.00 feet right-of—way) being more particularly described as follows: Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole County, Florida; Thence run N89'41'15"E, along the East—West center section line of said Section 3, 660.33 feet to Point of Beginning being on the West line of the South 112 of the Southeast 114 of the Southwest 114 of the Northwest 114 of said Section 3; Thence run NOO'29'27"W, along said West line, 309.35 feet; Thence run N89'4028"E, 635.30 feet to a point 5.00' West of the West right—of—way line of Deleon Street(40.00 feet right—of—way); Thence run S00'29'49"E, parallel to and 5.00 feet Westerly of said right—of—way line, 309.49 feet; Thence run S89°41'15"W; 635.33 feet to the Point of Beginning. containing 196,579 square feet or 4.51 acres more or less. w� NOT PLATTED ,w°x N 89°40'28" E 635.30' m SEE NOTE 09 O SOUTH 112, SOUTHEAST 1/4, 0 c� q SOUTHWEST 1/4, NORTHWEST 114 ° SECTION 3-T21 S-R31 E O ° O NOT PLATTED to Cfl b Z l WEST LINE, SOUTH 1/2, SOUTHEAST 114, p A CO P.0.C. - SOUTHWEST 1/4, NORTHWEST 114 REC 4'x4"CM SECTION 3-T21S-RI1E Do WEST 114 CORNER EAST-WEST CENTER SECTION LINE tI SECTION 3-T21 S-R31F SECTION 3-T21 S-R31 E S' 89°4 1' 15" W z I � P.O.B. 635.33' s.oa' i I N 69'41'15° E 660.33' FLORIDA AVE(P.6,1;PG.31 FLORIDA AVE(P.B.1,PG.31) FE_M 25.00' LOT 20 25.00' (P.B.1, PAGE 31) CR USETNME'YETR - SCOTT & ASSOC., INC. -- LAND SURVEYORS LEGEND- LEGEND - 5400 E. COLONIAL DR. ORLANDO, FL. 32807 (407)-277-3232 FAX (407)-658-1436 = PLAT R = RADIUS CERTIFICATE OF AUTHORIZATION — L8 4596 F FIELD L n ARC LENGTH N07&5: LP. = IRON PIPE D = DELTA I.R. = IRON ROD C CHORD 1. THE UNDERSIGNED DOES HEREBY CERMY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL C.M. = CONCRETE MONUMENT C.B. =CHORD BEARING STANDARDS SET FORTH.BY 771E FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5S E I.R. a X2 /#LB 4596 ,P.O..L e TPOW LINE 5J-17 FLORIDA ADMINISTRATIVE CODE. P.0.8. = POINT OF BEGINNMG P.R.C. =POINT OF REYE3L5E CURVATURE 2. UNLESS EMBOSSED WDH SURVEYORS SEAL. THIS SKETCH IS NOT VALID AND S PRESENTED FOR P.O.C. POINT OF COMMENCEMENT . P.C.C. = POINT OF COMPOUND CURVATURE INFORMATIONAL PURPOSE ONLY. It = CENTERLINE RAD. = RADIAL 3. THIS SKETCH WAS PREPARED FROM TITLE WFORMA77ON FURNISHED 70 THE SURVEYOR. THERE N&D = NAIL&DISK N.R. NON-RADIAL MAY BE 07NM RESTRICTIONS OR EA 04DM THAT AFFECT THIS PROPERLY. R/W RIGHT-OF-WAY W.P. =WITNESS POINT 4. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN. ESMT. = EASEMENT CALC. a CALCULATED DRAW. a DRAINAGE P.R.M. s PERMANENT'REFERENCE:MONUMENT 5. THIS SKETCH IS PREPARED MR THE SOLE SENEFIT OF THOSE COMFIER TO AND SHOULD NOT BE UTIL = UTILITY FF =FINMED FLOOR ELEVATION RELIED UPON BY ANY OTHER ENJTTT'. CLFC. = CHAIN UNK FENCE B.SL =BUILDING SETBACK LINE WD-F0. WOOD FENCE B.N. = BENCHMARK 6. DIMENSIONS SHOWN FOR 774E LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO C/B =CONCRETE BLOCK B.B. a ME SWUNG RECONSTRUCT BOUNDARY LINES. P.C. POINT OF CURVATURE FIRM FWOO INSURANCE 7. BEARINGS, IF SHOWN,ARE BASED ASSUMED DATUM AND ON THE UNE SHOWN AS BASE BEARING B 9 P.T. = POINT OF TANGENCY FIRM =FLOOD INSURANCE RATE MAP �• ,) DESC. = DESCRIPTION LD. = IDENTIFICATION 8. ELEWTONS IF SHOWN,ARE BASED ON NGVD 1929, UNLESS OTHERWISE NOTED. O.R. OFFICIAL RECORDS CDR _NORTHEAST` 9. LINE BASED ON SECTION BREAKDOWN BY OTHERS AS SHOWN IN BOUNDARY LINE AGREEMENT PER CERTIFIED BY.• OR 7555 PACE 1331 FOR CITY OF WINTER SPRINGS R.L.S if AN _ DATE ORDER JAMES W. SCOTT, R.L.S # 4801 TOM X. GRUSENMEYER, R.L.S. j 4714 06-11-2013 3946-13 HCAL SKETCH AND DESCRIPTION FOR/CERTIFIED TO: DEVELOPMENT INC. NORTH AGREEMENT BETWEEN SENJ HOLE COUNTY,WINTER SPRINGS,AND AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA,LLC RELATED TO THE MERMEL PROPERTY THIS AGREEMENT is made and entered into this°- day of Ye4te i�r Le r ,2013, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, herein after referred to as the "CITY," SEIVIINOLE COUNTY, a political subdivision of the State of Florida, whose address is County Services Building, 1101 East First Street, Sanford, Florida 32771, herein referred to as the "COUNTY," and AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA, LLC, whose address is 7575 Dr. Phillips Blvd., Suite 265 Orlando, Florida 32819 herein referred to as the"PROPERTY OWNER." WITNESSETH: WHEREAS, the PROPERTY OWNER owns or controls certain real property located in Seminole County, Florida consisting of approximately 4.51 +/- acres, as described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "Mermel Property"; and WHEREAS, the Mermel Property is assigned the Seminole County Rural-3 future land use designation which permits development of up to 1 dwelling unit per 3 acres; and WHEREAS, the CITY has a substantial interest in protecting the public interest within the City of Winter Springs by regulating planning and growth management pursuant to Chapter 163 of the Florida Statutes, the Winter Springs Comprehensive Plan, and the Winter Springs Land Development Code; and WHEREAS, the COUNTY has a substantial interest in protecting the public interest within the County boundaries by enforcing the terms and conditions of the-Seminole County Home Rule Charter; and CERTIFIED COPY MARYANNE MORSE CLE OF CfRCUI OLERT Mermel Property Agreement SEMlI 0 E COUNT 10RIDA Pagel of 8 B.X d:. d WHEREAS, on September 2, 2004, the Seminole County Board of County Commissioners adopted Ordinance No. 2004-36 proposing to the electors an amendment to the Seminole County Home Rule Charter that would establish a Rural Area within the County (the "Charter Amendment"); and WHEREAS, the Charter Amendment•was approved by referendum vote at the general election of November 2004; and WHEREAS, the Mermel Property is located within the Seminole County Home Rule Charter Rural Area; and WHEREAS, the Board of County Commissioners previously excluded existing incorporated land from the proposed Charter Amendment Rural Area; and WHEREAS, pursuant to Article V, Section 5.2 B. of the Seminole County Home Rule Charter, the Board of County Commissioners may remove property from the Rural Area, by County ordinance; whenever in the opinion. of,.the Board of County Commissioners such a change is necessary; and WHEREAS, on July 22, 2013, at the request of the PROPERTY OWNER the CITY approved the First Reading of a voluntary annexation petition of the Mermel Property and; WHEREAS, the CITY will hold a second Public Hearing to consider adoption of the ordinance enacting the annexation of the Mermel Property on August 26,2013; and WHEREAS, the parcels immediately adjacent to three sides of the Mermel Property are assigned zoning designations that would permit higher intensity land uses including: R-C 1 (Winter Springs), single family dwelling to the north; R-1 (Oviedo), low density single family residential to the south; and R-lA (Winter Springs), low density single family residential to the west; and Mermel Property Agreement Page 2 of 8 9 WHEREAS, it is the intention of the PROPERTY OWNER to incorporate the Mermel Property into a larger, adjacent 51.15 +/- acre low density, single family planned development known as "Southern Oaks," located within the Cities of Winter Springs and Oviedo, which is expected to receive Preliminary Subdivision Plan approval from the CITY on September 9, 2013 and which received approval from the City of Oviedo on August 5,2013 for those portions of the development located within the jurisdictional limits of Oviedo; and WHEREAS, the PROPERTY OWNER has requested that the Board of County Commissioners adopt an ordinance removing the Mermel Property from the Rural Area, and amending the Rural Boundary accordingly, in order to accommodate the uses as described in this Agreement for the aforementioned planned development located within the Cities of Winter Springs and Oviedo; NOW, THEREFORE, in consideration of the mutual covenants and promises by and between the parties hereto, and for other good and valuable consideration, each to the other provided the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The above recitals are true and are incorporated herein as legislative findings. Section 2. PROPERTY OWNER's Responsibilities. (a) The PROPERTY OWNER acknowledges that the Mermel Property is located within the Rural Area as established within the Seminole County Home Rule Charter. The PROPERTY OWNER further acknowledges that, pursuant to Article V, Section 5.2 C. of the Seminole County Home Rule Charter, the land use designations contained within the Seminole County Comprehensive Plan shall control the density and intensity of development in the Rural Mermel Property Agreement Page 3 of 8 e Area, and that the Board of County Commissioners must approve all changes to the future land use designations within the Rural Area. (b) With regard to the Mermel Property particularly described in Exhibit A and with the consent of the COUNTY and the CITY, the PROPERTY OWNER has voluntarily requested and agreed to limit the development of the Mermel Property as follows: (1) Stormwater retention facilities, internal access drive and utilities associated with a 95 unit residential subdivision adjacent to the Mermel Property; (2) A tot-lot associated with a 95 unit residential subdivision adjacent to the Mermel Property; (3) Green space/passive recreation; (4) The Mermel Property shall not have any structure requiring a building permit nor any residential lot or part thereof; (5) The only artificial lights permitted on the Mermel Property shall be security lighting which shall comply with the International Dark Skies Association standards; and (6) The acreage of the Mermel Property shall not be included in the density calculation of the adjacent Southern Oaks subdivision (even if the Mermel Property is removed from the Rural Area). (c) The PROPERTY OWNER shall ensure that all changes contained within this Agreement are reflected in its submittal of the final site plan application. (d) Within thirty (30) days of the execution of this Agreement by the parties, the PROPERTY OWNER will record restrictive covenants for the Mermel Property restricting development consistent with Section 2(a) and (b) above. Said restrictive covenants will be subject to the approval of the COUNTY and the CITY, and such approval shall not be Mermel Property Agreement Page 4 of 8 unreasonably withheld. Such restrictions shall run with the land in favor of the COUNTY. All costs of recording said restrictive covenants will be borne solely by PROPERTY OWNER. Section 3. CITY's Responsibilities. (a) The CITY acknowledges that the Mermel Property is located within the Rural Area as established within the Seminole County Home Rule Charter. The CITY further acknowledges that, pursuant to Article V, Section 5.2 C. of the Seminole County Home Rule Charter, the land use designations contained within the Seminole County Comprehensive Plan shall control the density and intensity of development in the Rural Area, and that the Board of County Commissioners must approve all changes to the future land use designations within the Rural Area. (b) The CITY agrees that the acreage of the Mermel Property shall not be included in the density calculation of the adjacent Southern Oaks subdivision, even if the Mermel Property is removed from the Rural Area. (c) The CITY agrees to assign land use and zoning designations to the Mermel Property that are consistent with the PROPERTY OWNER's obligations outlined in Section 2 of this Agreement. (d) The CITY agrees that any development approvals shall be consistent with the PROPERTY OWNER's obligations in Section 2 of this Agreement and with the future land use and zoning designations required in Section(c) above. Section 4. COUNTY's Responsibilities. The COUNTY shall consider adoption of an ordinance enacting the PROPERTY OWNER'S request to remove the Mermel Property from the Rural Area and the associated modification of the Rural Boundary pursuant to Article V, Section 5.2 B. of the Seminole County Home Rule Charter. The COUNTY acknowledges that approval Mermel Property Agreement Page 5 of 8 of the aforementioned Ordinance is a material inducement to both the CITY's and the PROPERTY OWNER's consent to their respective obligations as enumerated in this Agreement. Section 5. Effective Date. This Agreement shall take effect immediately upon the execution by all three parties. Section 6. Notices. Whenever any party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice,to wit: For COUNTY: Development Services Department 1101 East First Street Sanford, Florida 32771 For CITY: City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 For PROPERTY OWNER: American Land Investments of Central Florida,LLC 7575 Dr. Phillips Boulevard, Suite 265 Orlando, Florida 32819 Section 7. Non-Severability. The terms and provisions of this Agreement are not severable and in the event any portion of this Agreement and the restrictive covenant required by Section 2 (d)is found to be invalid or illegal, then the entire Agreement shall be null and void. Section 8. Entire Agreement. Mermel Property Agreement Page 6 of 8 (a) It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. Section 9. Disclaimer of Third Parties. No third party shall have any rights hereunder or as a result of this Agreement or any right to enforce any provisions of this Agreement. [Balance of this page left intentionally blank] Mermel Property Agreement Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA,INC. Wi 1 By:22 Print Name Title:_ i / Printed Name Wim SS /► .`��+ e. F- Date: Print Name ATTES CITY OF WINTER SPRINGS By: AN]. L ZO, City Clerk C10ffKES LA OR Date: September 4, 2. 33 BOARD OF COUNTY CONBUSSION TERS ATTEST: SEMINO CO A Y' MORSE R PERT DALL Chairman Clerk-to the Board of 'County Commissioners of "Seminole County,Florida. Date: For the use and reliance As authorized for execution by the Board of County Seminole County only. Commissioners at its a2 ;7 ,20� regular meeting. Approved as to form and legal sufficiency. County Attorney Attachment: Exhibit A Legal Description MCC 8/21/13 P:\LJsers\L.egal Secretary CSBTlanniug&DeveIopmentWermel Property Agreement(1).docx Mermel Property Agreement Page 8 of 8 a 0 ISZETCH AND .DESCRIPTION LEGIBILITY uNSATISFACTURY NOT A BOUNDARY SURVEY FOR SCANNING DESCRIPTION AS FOLLOWS: A portion of the South 112 of the Southeast 114 of the Southwest 114 of the Northwest 114 of Section 3, Township 21 South, Range 31 East lying West of Deleon Street(40.00 feet right—of—way) being more particularly described as follows: Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole County, Florida; Thence run N89'41'15"E, along the East—West center section line of said Section 3, 660.33 feet to Point of Beginning being on the West line of the South 112 of the Southeast 114 of the Southwest 1/4 of the Northwest 114 of said Section 3; Thence run N00'2927"W, along said West line, 309.35 feet; Thence run N89'40'28"E, 635.30 feet to a point 5.00' West of the West right—of—way line of Deleon. Street(40.00 feet right—of—way); Thence run S00'2949"E, parallel to and 5.00 feet Westerly of sold right—of—way line, 309.49 feet; Thence run S89°41'15"W, 635.33 feet to the Point of Beginning, containing 196,579 square feet or 4.51 acres more or less. NOT PLATTED �a N 89°40'28" E 635.30' m SEE NOTE#9 Q b O SOUTH 112, SOUTHEAST 114; CJ SOUTHWEST 114, NORTHWEST 1/4 W `� o SECTION 3-T27S-R37E NO NOT PLATTED �0 C0 v v' 6 WEST LINE SOUTH 112, SOUTHEAST 114, 4. JZ4 P.0.C. SOUTHWEST 114, NORTHWEST 1/4 REC 4'i44 CM SECTION 3-T21S-R31E 91 W WEST 114 CORNER EAST-WEST CENTER SECTION LINE U SECTION 3-T21S-R31E SECTION 3-T21S-R31E S 8904✓'' 15" W 8"'� P.O.B. 635.33' 5.00' N 89'41'15° E 660.33' FLORIDA AVE(P.B.1,PG.31 FLORIDA AVE(P,B.1,P0.31) rn 25.00' LOT 20 25.00' (P.B.1, PAGE 31) CR USENMEYER - SCOTT & ASSOC., INC. - SAND SURVEYORS LEGEND — LECEND — 5400 E. COLONIAL DR. ORLANDO, FL. 32807 (407)-277-3232 FAX (407)-658-1436 F a FaE D L m RADIUS C LENGTH CERTIFICATE OF AUTHORIZATION - LB 4596 I.P. IRON PIPE D m DELTA NOTLRI, I.R. = IRON ROD C m CHORD 1. THE UNDERSIGNED DOES HEREBY CERTIFY TH4T THIS SKETCH MEETS THE MINIMUM TECHNICAL C.M. CONCRETE MONUMENT C.B. = CHORD BEARING STANDAROS SET FORTH.BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER SET I.R, 1/2•I.R. w/#LB 4596 P.O.L. = POINT ON LINE 5J-17 FLORIDA ADMINISTRATIVE CODE. REC. = RECOVERED TYP• TYPICAL 2. UNLESS EMBOSSED WITH SURVEYORS SEAL, 7HIS SKETCH IS NOT VALID AND IS PRESENTED FOR P.O.S. =POINT OF BEGINNING P.R.C. = POINT OF REVERSE CURVATURE INFORMATIONAIL PURPOSES ONLY. P.O.C. . POINT OF COMMENCEMENT P.C.C. = POINT OF COMPOUND CURVATURE % =CENTERLINE PAD. _ RADIAL. 3, TM$SKETCH WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THE SURVEYOR. THERE N&D m NAIL&DISK N.R. NON-RADIAL AIRY BE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS PROPERLY. R/W =RIGNT-OF-WAY W.P. WITNESS POINT 4. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN. ESMT, = EASEMENT CALC, = CALCULATED DRAIN. s DRAINAGE P."' PERMANENT REFERENCE MONUMENT 5. THIS SKETCH IS PREPARED FOR THE SOLE BENEFff OF THOSE CER17no TO AND SHOULD NOT 6E UTIL. m UTILITY F.F. FINISHED FLOOR ELEVATION RELIED UPON BY ANY OTHER END1Y, CLFC. CHAIN LINK FENCE B.S.L. BUILDING SETBACK LINE WOSO. - WOOD FENCE B.M. BENCHMARK 6. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO C/B CONCRETE BLOCK B.B. m BASE BEARING RECONSTRUCT BOUNDARY LWES. P.C. a PO FLOOD INSURANCE RATE MAP NT OF CURVATURE CDNC. CONCRETE P.T. POINT OF TANGENCY FIRM 7, BEARINGS, IF SHOWN, ARE BASED ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING(8.8.) = DESC. = DESCRIPTION LO. = IDENTIFICATION 8. ELEVATIONS, W SHOWN.ARE BASED ON NGVD 1929, UNLESS OTHERWISE NOTED. O,R, OFFICIAL RECORDS COR NORTHEAST Q. LINE BASED ON SECTION BREAKDOW14 BY OTHERS AS SHOWN IN BoUNOARY UNE AGREEMENT PER CERTIFIED 8Y, O.R. 7555, PACE 1331 FOR CRY OF IWNTER SPRINGS • e�...�� rR.L.S. 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Eearr[' a 11 C�wtl r4Rfmursm-- fI tmQ..-I tfBDtlX236 1 e pumh rr �i 4,Ces partl�a aNl -.1 ioy DPW_#,tam llgs t-rlc W�trrrespecff 4f37 6 t ho tt cfeterrtitfieyour 1A €oQose�or�n c Ify i s e rarrfrecpr s i dec�(d€rtsst i�fif `kiwin(ftg�(d�[f� frs eSoo tcs�ii aricrcfevefop �a 11 e ,C­­­---w.nm �gR." ". 4 P"glj aRe�`eor. r Afih meei�n�yo�wi� �r�carcl Ftorlda�/e e�af�feGareref� S nCfrr6Cmig�antltprs�Ctrpursesyo�mairnefiae�uraf(rafverb�ilraroff� Yaurcoritent prsCairer eee€Srradeup�irwCi�er�Qreaaie6 3 3o a ri>rruari t"e 1 tecrrtn(q�[efrsr suessi Ulric .-. �f< Attachment 'H' CITY OF WINTER SPRINGS, FLORIDA ; MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING cT _1;1 FEBRUARY 19, 2014" (RESCHEDULED FROM FEBRUARY 5, 2014) .._C9. ; CALL TO ORDER The Regular Meeting of Wednesday, February 19, 2014 (Rescheduled from Wednesday, February 5, 2014) of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:37 p.m. by Chairperson William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson William H. Poe, present Vice-Chairperson Bob Henderson, present Board Member Howard Casman, present Board Member Bart Phillips, arrived at 5:38 p.m. Board Member Suzanne Walker, present Deputy City Clerk Sarah Hart, present Chairperson Poe led a silent invocation. This was followed by the Pledge of Allegiance. Board Member Bart Phillips arrived at 5:38 p.m. REGULAR AGENDA- PART I REGULAR 600. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Chairperson For Calendar Year 2014. CHAIRPERSON POE STATED, "I PERSONALLY WOULD LIKE TO NOMINATE MR. BOB HENDERSON TO FILL THAT (CHAIRPERSON) POISITION. THAT BEING SAID, I WANT TO ASK MR. HENDERSON, `ARE YOU WILLING TO ACCEPT THAT RESPONSIBILITY IF IN FACT YOU ARE VOTED IN SIR'?" VICE-CHAIRPERSON BOB HENDERSON REPLIED, "YES." CONTINUING, CHAIRPERSON POE SAID, "MOTION TO APPOINT MR. HENDERSON AS CHAIRPERSON TO THAT SEAT EFFECTIVE AT THE NEXT MEETING." SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 ,. v (RESCHEDULED FROM FEBRUARY 5,2014) " PAGE 2 OF 8 ' ;1ttsx:W.x..�21a �Cv,!M MK%i b:•:i+':aGCt� VOTE: ' CHAIRMAN POE: AYE n�rt:?xssr;. BOARD MEMBER CASMAN: AYE VICE-CHAIRPERSON HENDERSON: AYE ' BOARD MEMBER PHILLIPS: AYE = "° BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR 601. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Hold An Election For The Position Of Vice-Chairperson For Calendar Year 2014. CHAIRPERSON POE ASKED BOARD MEMBER HOWARD CASMAN, "WOULD YOU ACCEPT THE NOMINATION TO BE THE VICE- CHAIR[PERSONI T' MOTION BY CHAIRPERSON POE. RESPONDING, BOARD MEMBER CASMAN STATED, "YES, I WILL ACCEPT THAT." CONTINUING CHAIRPERSON POE SAID, "LET ME ADD TO THAT, THAT YOU ALSO WOULD TAKE THAT POSITION AT THE NEXT MEETING." SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON HENDERSON: AYE CHAIRPERSON POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) , PAGE 3 OF 8 PUBLIC INPUT Chairperson Poe opened "Public Input". ; ,�, No one addressed the Board Members. Chairperson Poe closed "Public Input". uiltp CONSENT AGENDA CONSENT 300. Office Of The City Clerk Requesting The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, December 4, 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Chairperson Poe stated, "Do I have a Motion on the Consent Agenda?" "MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. 400. REPORTS No Reports were given. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 4 OF 8 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 5.22 Acres, Generally Located North Of State Road 434, West Of Deleon Street As described Within Ordinances 2014-01 And 2014-02. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. There was brief discussion about the potential of the area being a high flood risk. Mr. Woodruff confirmed that, "There are no proposed residential units that you will remember in that location. It's strictly for the retention pond." Chairperson Poe opened "Public Input". Ms. Heather M Himes, Akerman L.L.P., 420 South Orange Avenue, Florida: as the Attorney for the Applicant, Ms. Himes spoke in support of the staff recommendations. Chairperson Poe closed "Public Input". Chairperson Poe stated, "The Chair will entertain a Motion with regard to Item '500' as presented by Staff." "I WOULD MOVE TO APPROVE ORDINANCE 2014-01." MOTION BY VICE- CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 5 OF 8 Continuing, Chairperson Poe said, "The Chair will entertain a Motion with regard to the other Staff recommendation." "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-02." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance 2014-03, Which Proposes To Annex One Parcel Totaling Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West Of State Road 419. Related to this Agenda Item, Mr. Woodruff presented his opening remarks on the Agenda Item as provided to the Members of the Board. Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". Chairperson Poe remarked, "The Chair will entertain a Motion with regard to Item `501' as presented by Staff." "I MAKE A MOTION TO APPROVE." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 6 OF 8 m" VOTE: BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE `. - VICE-CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning And Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 3.08 Acres, Generally Located North Of State Road 434, 1,000 Feet West State Road 419 As Described Within Ordinances 2014-04 And 2014-05. Mr. Woodruff presented the Agenda Item. There was brief discussion about the choice of`C-1' Zoning as opposed to `C-2' Zoning and Mr. Woodruff noted that the Developer, "Is not looking for a more intense type of commercial. He's going with the professional office so there's no need to go into the actual heavier commercial type of Uses." Chairperson Poe opened "Public Input". No one addressed the Board Members. Chairperson Poe closed "Public Input". "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2014-04." MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE-CHAIRPERSON HENDERSON. DISCUSSION. VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER CASMAN: AYE CHAIRPERSON POE: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 7 OF 8 "I WOULD LIKE TO MAKE THE MOTION FOR APPROVAL OF 2014-05". MOTION BY CHAIRPERSON POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER GASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. REGULAR AGENDA- PART II REGULAR 602. Not Used PUBLIC INPUT Chairperson Poe opened "Public Input Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: spoke about the Compatibility Ordinance and its affect on the Tuscawilla community and that a recent resident was granted a Permit for a front facing garage. Mr. Randy Stevenson, AICP, Director, Community Development Department explained to the Board Members that as a City we are unable to "Enforce Deed Restrictions or HOA (Homeowners Association) Restrictions. That has been the advice of our Attorney." Continuing, Mr. Stevenson said, "I'll go back to the Attorney's Office to see exactly what authority we do have. I can do that tomorrow or the first part of next week." Discussion ensued regarding homes that were denied Permits for front facing garages within the past five (5) years. Furthermore, Mr. Stevenson remarked that he will, "Talk to the City Attorney again. Please understand that several things work against us. One (1) is property rights. A lot of these are second and third owners and we also have a relatively new document called the Marketable Title Act which actually prevents, even if they could get the Votes, and again I am not an Attorney - my understanding and the way it has been explained to me is that the Marketable Title Act almost prevents going back in and putting in some of these older HOA (Homeowners Association) documents and Deed Restrictions because they don't want to have to trace it back. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ... .4 REGULAR MEETING—FEBRUARY 19,2013 (RESCHEDULED FROM FEBRUARY 5,2014) PAGE 8 OF 8 At some point in time they want to arrive at a Marketable Title within a relatively few „ number of years. But, I will explore all of that with the City Attorney again and probably I'll report back to Don (Gilmore); I'll report to this body (Planning and Zoning Board/Local Planning Agency) next month." Dr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: speaking as the President of the Tuscawilla Homeowners Association, Dr. Johnson explained that the Tuscawilla Homeowners Association has spent money seeking legal advice to bring back Deed Restrictions and at this point they are relying on the City to help them maintain the integrity of their community. Chairperson Poe explained that the Planning and Zoning Board/Local Planning Agency is a recommending body to the City Commission and that the City Commission makes all final determinations. Concluding the discussion, Mr. Stevenson noted that, "We have been told in no uncertain terms by the Attorney that we cannot enforce Deed Restrictions." Chairperson Poe closed "Public Input". ADJOURNMENT Chairperson Poe adjourned the Regular Meeting at 6:12 p.m. RESPECTFULLY SUBMITTED: SARAH HART DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the ,2014 Planning And Zoning Board/Local Planning Agency Regular Meeting.