HomeMy WebLinkAbout2016 02 08 Public Hearing 403 Ordinance 2016-04, Second Reading, Nursery Road FLUMCOMMISSION AGENDA
ITEM 403
REQUEST:
Informational
Consent
Public Hearings
X
Regular
February 08, 2016 KL RS
Regular Meeting City Manager Department
The Community Development Department — Planning Division requests that the City
Commission hold a Public Hearing to consider second reading and adoption of Ordinance
2016 -04, a Small -Scale Future Land Use Map Amendment and the approval of the
Developer's Agreement as a condition for two parcels totaling 0.94 acres located on the
south side of Nursery Road, specifically located at 1080 Nursery Road.
SYNOPSIS:
The City of Winter Springs Community Development Department- Planning Division has
initiated a Small -Scale Future Land Use Map Amendment which, if approved, would
change the Future Land Use Map designation for two (2) parcels totaling 0.94 acres in size
generally located south of Nursery Road. Ordinance 2016 -04 proposes to change the Future
Land Use Map designation from Recreation /Open Space to Commercial. On February 24,
2014 the City Commission adopted Ordinance 2014 -08 which re- conveyed title to Lots 1
and 12 to Mr. Wayne P. Reece. Because the City conveyed the property back to the current
property owner, the future land use map designation must be changed so the property owner
can develop the property. In addition, a developer's agreement has been included which will
limit the business hours, types of uses and require an eight -foot high wall to be constructed
as a buffer.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
icant name and address: The City of Winter Springs
Public Hearings 403 PAGE 1 OF 8 - February 08, 2016
. Property owner's name(s): REECO PROPERTIES, LLLP
. Property addresses: 1080 Nursery Road, Winter Springs, FL 32708
. Property Parcel ID numbers: 33- 20- 30- 513 -OD00 -0010 and 33-20-30- 513 -0D00-
0120
. Current FLUM Designation:
. Proposed FLUM Designation:
. Current Zoning Designations
Recreation /Open Space
Commercial
C -2 (General Commercial)
. Previously Approved Development permits such as conditional use, waiver, or
variance (if any): Not applicable
. Development Agreements (if any): Not applicable
. Pending Code Enforcement Actions (if any): Not applicable
. City Liens (if any): Not applicable
Existing Land Uses
Areas
xisting Land Uses
Zoning
Future Land Use
Subject
Vacant
C -2 (General
Recreation /Open Space
Pro ert
Commercial
C- 2(General
North
Commercial
Commercial)
Commercial
Warehouses
South
Residential
Seminole County
Medium Density
R -IAA
Residential
East
Multi- Family
R -3 (Multi - family)
High Density Residential
Residential
Seminole County
Seminole County Mixed
West
Mixed Use
C -2
Use
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS:
Florida Statute 163.3187 Amendment of adopted 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 15 Planning. Article II Comprehensive Plan.
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff's
Public Hearings 403 PAGE 2 OF 8 - February 08, 2016
recommendation, and recommend that the City Commission approve, approve with
modifications (text only), or deny the application for transmittal to the Department of
Economic Opportunity. At a minimum, the Local Planning Agency shall consider the
same factors considered by the staff. The LPA shall hold at least one (1) public hearing
prior to making its recommendation to the City Commission.
DISCUSSION:
Ordinance 2016 -04 proposes to change the Future Land Use Map designation for two (2)
parcels totaling 0.94 acres in size generally south of Nursery Road from Recreation /Open
Space to Commercial.
In 2002, Wayne P. Reece donated to the City Lots 1 and 12 of Block D, Talmo Subdivision,
Plat Book 9 Page 10 for the use and maintenance of a park pursuant to a Development
Agreement with the City. The City originally intended to construct a passive park to serve
as a buffer between the commercial and residential uses. However, after the conveyance, the
City did not develop the subject lots into a park. On February 24, 2014, the City
Commission adopted Ordinance No. 2014 -08 which re- conveyed the title to Lots 1 and 12
of Block D, Talmo Subdivision, Plat Book 9, Page 10 back to Mr. Reece. The property
remained zoned C -2 (General Commercial), however the future land use map designation
was not changed and remains Recreation /Open Space. In order for the property to
be developed, the Future Land Use Map designation needs to be amended to remove the
Open Space/Recreation designation. The property is also located within the Seminole
County U.S. 17 -92 CRA corridor.
The request to change the land use designation to Commercial is consistent with the
properties to the north. It is consistent with all applicable goals, objectives and policies of
the City's adopted Comprehensive Plan. The request is in conformance with the purpose and
intent of the City Code and with all applicable requirements. Considering the type and
location of uses involved and the general character of the area, the change of the FLUM
designation from Recreation /Open Space to Commercial 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. The residential properties to
the south will be buffered with a wall as is the requirement when commercial properties
abut residential. The request is consistent with Florida Statute Chapter 163, Part II, of the
Florida Statutes.
CONSISTENCY WITH THE CITY'S CODE OF ORDINANCES:
Section 15 -36 Review Criteria
The recommendation of the staff shall be based on the following minimum factors, if
applicable:
(1) Whether the proposed amendment will have a favorable or unfavorable effect on
the city's budget, or the economy of the city or the region; Converting the future land
use designation to commercial will have a favorable effect by increasing and diversifying
the tax base which is currently 88.55% residential and 11.45% commercial.
(2) Whether the proposed amendment will diminish or negatively impact the level of
service (LOS) of public facilities; Based on the information below, Staff does not feel that
the LOS ofpublic facilities will be negatively impacted.
Public Hearings 403 PAGE 3 OF 8 - February 08, 2016
PUBLIC FACILITIES
ROADS /TRAFFIC CIRCULATION.
Availability of Access: The property has frontage on Ridge Road, Nursery Road,
and Talmo Street.
POTABLE WATER:
The City has an existing 8 -inch City water main in the Nursery Road right -of -way
along a portion of properties Nursery Road frontage.
WASTEWATER:
The City has an existing 4 -inch force main located in the Nursery Road right -of -way
along a portion of property's Nursery Road frontage.
RECLAIMED WATER:
The City does not have reclaimed water service available in the vicinity of the
project at this time.
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:
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.•
Redevelopment of the site would require the provision of stormwater facilities
meeting current City and SJRWMD requirements.
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:
Seminole County is responsible for fire protection.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from "Recreation /Open Space" to "Commercial" will not
result in any nuisance potential for the surrounding properties because proposed
uses are compatible with the uses to the North and West.
NATURAL RESOURCES COMPATIBILITY.
There are no conservation overlays on the subject property.
SCHOOLS:
There will be no impact to the schools.
SOILS:
Public Hearings 403 PAGE 4 OF 8 - February 08, 2016
The subject property consists of Tavares Millhopper fine sands. The Millhopper
series consists of soils that are moderately well drained.
FLOOD PRONE AREAS:
The property is located entirely in Flood Zone "Y', which is outside of the 100 year
floodplain, according to the FEMA Flood Insurance Rate Map.
HISTORIC RESOURCES:
No known historical resources are located on the subject property or within the
vicinity of the subject property.
WILDLIFE:
The proposed amendment will not have an environmental impact or compromise
any natural resources. There are no conservation areas or sensitive habitat areas.
(3) Whether there will be a favorable or unfavorable impact on the environment or the
natural or historical resources of the city or the region as a result of the proposed
amendment; The subject property consists of Tavares-Millhopper fine sands. The
Millhopper series consists of soils that are moderately well drained. Additionally, there are
no historical resources believed to be located on the subject property.
(4) Whether the proposed amendment is consistent with the goals, objectives, and
policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and
the East Central Florida Strategic Regional Policy Plan, as amended from time to
time;
Staff believes that the re- designation of a property to commercial is consistent Central
Florida Strategic Regional Policy Plan which allows for infrll development and directs
development away from lands designated as natural resources of regional significance.
Staff also feels that proposed amendment is consistent with the goals, objectives, and
policies of the state comprehensive plan set forth specifically found in Chapter 187.201 (IS)
LAND USE (b)1. which promotes development and redevelopment activities which
encourage efficient development and occur in areas which will have the capacity to service
new population and commerce.
(5) Whether the city is able to provide adequate service from public facilities to the
affected property, if the proposed amendment is granted, and whether the proposed
amendment will promote the cost /effective use of or unduly burden public facilities; It
is the determination of Staff that the City is able to provide adequate service of public
facilities to the subject property. The City has an existing 8 -inch City water main in the
Nursery Road right -of -way along a portion of the subject properties. The City also has an
existing 4 -inch force main located in the Nursery Road right -of -way along a portion of
property's Nursery Road frontage.
(6) Whether the proposed amendment is compatible with surrounding neighborhoods
and land use; The proposed amendment is compatible with the commercial properties
located to the north, east, and west. There are potential uses and noise that may result in
the proposed amendment being incompatible with the surrounding residential properties to
the South. In order to address these impacts, City Staff is recommending that the City
Commission condition the approval of the comprehensive plan amendment on the property
owner agreeing to the Developer's Agreement included in this Agenda Item. The
Public Hearings 403 PAGE 5 OF 8 - February 08, 2016
Developer's Agreement is similar to the Developer's Agreement for the property to the
North. City Staff believes that the conditions imposed on future development of the subject
property by the Developer's Agreement have an essential nexus to a legitimate public
purpose (reducing noise and negative impacts on surrounding property) and is roughly
proportionate to the potential impacts of the possible uses that should be avoided,
minimized, or mitigated for the proposed amendment to satisfy this criteria.
(7)Whether approval of the proposed amendment will cause the comprehensive plan
to be internally inconsistent; Based on the Policies noted below, Staff feels that the
proposed amendment will not cause the comprehensive plan to be internally inconsistent.
Future Land Use Element
Properties with a Commercial land use are generally found to the North and West of the
subject properties. Per the Comprehensive Plan, most Commercial activity is located on or
near S.R. 434, US 17 -92 and S.R. 419. The Comprehensive Plan also indicates a need for
additional commercial land to increase the diversification of the City's tax base. The
proposed future land use amendment is consistent with the Comprehensive Plan and with
the following objectives and policies from the Future Land Use Element of the
Comprehensive Plan:
1. Policy 1.1.3: Zoning Districts. Adopt a zoning matrix which establishes districts that
correspond to specific land use categories and defines allowable densities and
intensities in each zoning district. The subject parcels are currently zoned C -2.
2. Objective 1.4: Discourage Urban Sprawl and Encourage Redevelopment. The City
will limit the proliferation of urban sprawl and encourage the redevelopment and
revitalization of blighted areas.
3. Policy 1.4.2: Higher Density Infill. Encourage the efficient use of land with
compatible infill and higher density and intensity development within the Town
Center and the U.S. 17 -92 CRA Corridor. Higher density development shall be
directed to the CRA to promote revitalization of underutilized property through
redevelopment and reinvestment with access to the existing fixed transit route, which
provides critical connection with SunRail. Minimize adverse impacts to adjacent
established residential neighborhoods through site layout, orientation of buildings,
and a transition of densities.
4. Policy 1.5.5: Buffers. Buffer residential areas from intensive commercial and
industrial uses. Locate less intensive transitional uses in between or buffer with
berms, trees, or other methods, as deemed appropriate by the City.
(8)Whether the proposed amendment will promote or adversely affect the public
health, safety, welfare, economic order, or aesthetics of the city or region; The proposed
comprehensive amendment is not in conflict with state law and satisfies the provisions of the
City Code, particularly the criteria set forth in Chapter IS, City Code. In addition, the
proposed amendment will make the subject property's future land use map designation
( "commercial') consistent with the current zoning map designation of C -2 Neighborhood
Commercial. While the City staff recognizes that the City is required to bring the zoning
map into consistency with the comprehensive plan, that is not the case here. In this
instance, the future land map designation of open space /recreation was adopted when the
City owned the property and the property was going to be used for a public park. Because
the City conveyed the property back to the current property owner, the future land use map
designation must be changed so the property owner can develop the property. As such, the
proposed future land use map amendment of "commercial" will make the future land use
Public Hearings 403 PAGE 6 OF 8 - February 08, 2016
and zoning maps consistent with each other as required by law.
(9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to
163.3191, Florida Statutes; At this time the City is currently in the process of completing
the Evaluation and Appraisal Report (EAR). Staff does not anticipate any conflicts.
(10) Whether the proposed amendment is consistent and in compliance with law; Yes,
the proposed amendment is consistent and in compliance with the state law. The property is
currently zoned C -2 (Neighborhood Commercial) and the proposed amendment would
change the land use designation to commercial.
(11) Whether the proposed amendment is consistent, and not in conflict, with the
legislative policy directives established by the city commission including, but not
limited to, those set forth in the city's comprehensive plan and city code, adopted
master plans, economic development goals and objectives, community redevelopment
plans, and brownfield areas. Staff believes the proposed amendment is consistent with
policy directives established by the City Commission. Being that the proposed amendment is
changing the land use to commercial, this will generate City taxes, which will work towards
diversifying the City's tax base. Additionally, the subject property is a redevelopment of a
landlocked property.
FISCAL IMPACT:
The proposed small -scale future land use amendment, which re- designates the property
from "Recreation /Open Space" to "Commercial ", will increase the possibility of additional
taxable value to the City and potentially spur the increase of future residential and
commercial development/redevelopment activity within this particular area.
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.
The property was posted with a large sign and Ordinance 2016 -04 was advertised in the
Orlando Sentinel on December 24, 2015.
RECOMMENDATION:
The Local Planning Agency and City Staff recommend the City Commission adopt
Ordinance 2016 -04, which proposes a Small -Scale Future Land Use Map Amendment
Public Hearings 403 PAGE 7 OF 8 - February 08, 2016
changing the land use designation from "Recreation /Open Space" to "Commercial" for two
parcels totaling approximately 0.94 acres located at 1080 Nursery Road. City Staff is also
recommending that the City Commission approve an associated Developer's Agreement
which is included in the Agenda Item as well. In addition, the approval of the Ordinance is
subject to and conditioned upon the property owner executing the Developer's Agreement.
ATTACHMENTS:
A. Ordinance 2016 -04
B. Location Map
C. Legal Advertisement - Orlando Sentinel
D. City Commission Agenda Item 502 — February 24, 2014
E. Local Planning Agency Draft Minutes - January 6, 2016
F. City Commission Meeting Minutes - January 25, 2016
G. Developer's Agreement
Public Hearings 403 PAGE 8 OF 8 - February 08, 2016
ATTACHMENT "A"
ORDINANCE NO. 2016-04
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
ONE (1) PARCEL OF REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS CONSISTING OF
APPROXIMIATELY 0.94 TOTAL ACRES, MORE OR LESS,
GENERALLY LOCATED AT 1080 NURSERY ROAD,
WINTER SPRINGS, SAID PARCEL BEING MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO; CHANGING THE
FUTURE LAND USE MAP DESIGNATION ON THE
PARCEL FROM "RECREATION AND OPEN SPACE" TO
"COMMERCIAL "; 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(1), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on January 6, 2016, in accordance with the procedures established in Chapter 163,
Part II, 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
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.
City of Winter Springs
Ordinance No. 2016 -04
Page 1 of 4
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 changing the
designation of the real property legally described and depicted on Exhibit "A" from `Recreation
and Open Space" to "Commercial ". Exhibit "A" is 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 of prior
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 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
City of Winter Springs
Ordinance No. 2016 -04
Page 2 of 4
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 day of , 2016.
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
Legal Ad:
First Reading:
Second Reading:
Charles Lacey, Mayor
City of Winter Springs
Ordinance No. 2016 -04
Page 3 of 4
EXHIBIT "A"
(Legal Description)
Lots 1 and 12 of Block D. Talmo Subdivision, Plat Book 9, Page 10
City of Winter Springs
Ordinance No. 2016 -04
Page 4 of 4
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7
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE LOCAL PLANNING AGENCY AND
THE CITY COMMISSION
PROPOSE TO CONSIDER THE FOLLOWING:
ORDINANCE NO. 2016 -04
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 0.94 TOTAL ACRES, MORE OR LESS,
GENERALLY LOCATED AT AND ADJACENT TO NURSERY ROAD,
WINTER SPRINGS, SAID PARCEL BEING MORE PARTICULARLY
DEPICTEDAND LEGALLY DESCRIBED AS LOTS 1 AND 120FBLOCK
D, TALMO SUBDIVISION, PLAT BOOK 9 PAGE 10; CHANGING
THE FUTURE LAND USE MAP DESIGNATION ON THE PARCEL
FROM "RECREATION AND OPEN SPACE" TO "COMMERCIAL ",
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.
LOCAL PLANNING AGENCY
PUBLIC HEARING WILL BE HELD ON
WEDNESDAY, JANUARY 6, 2016
AT 5:30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION FIRST READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, JANUARY 25, 2016
AT 5:15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION SECOND READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, MONDAY, FEBRUARY 8, 2016
AT 5.15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinances and complete legal description by meets
and bounds may be obtained by interested parties between 8 a.m. and
5 p.m., Monday through Friday, from the office of the City Clerk, located
at 1126 E. SR 434, Winter Springs, Florida. For more information,
call (407) 327 -1800 #227. Persons with disabilities needing assistance
to participate in any of these proceedings should contact the Employee
Relations Department Coordinator, 48 hours in advance of the meeting
at (407) 327 -1800, #236. This is a public hearing. Interested parties are
advised that they may appear at the meeting and be heard with respect
to the proposed ordinance. If you decide to appeal any recommendation
or decision made by the City Commission with respect to any matter
considered at this meeting, you will need a record of the proceedings,
and for such purposes, you may need to ensure that a verbatim record
of the proceedings is made upon which the appeal is based.
ATTACHMENT licit
SEMINOLE COUNTY BOARD OF COUNTY
COMMISSIONERS NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION OF A PROPOSED LARGE
SCALE FUTURE LAND USE MAP AMENDMENT TO
THE SEMINOLE COUNTY COMPREHENSIVE PLAN
AND ASSOCIATED REZONING
JANUARY 12, 2016 AT 1:30 P.M.
Notice is hereby given that the Seminole County Board' of County Commissioners (Board) will conduct a public
hearing on January 12, 2016, beginning at 1:30 p.m., or as soon thereafter as possible, in the County Services
Building, 1101 East First Street, Sanford, Florida, Room 1028 (Board Chambers). The purpose of this hearing
is to receive public input, and input from any local government or agency, and consider adoption of a Large
Scale Future Land Use Map Amendment to the Seminole County Comprehensive Plan and rezoning described
below. The item will be available for review approximately one week before the public hearing on the Internet at
https:Hseminolecounty .legistar.com /Calendar.aspx.
General Location of Proposed Large Scale Future Land Use Map Amendment and Associated Rezoning
Suntera Park Large Scale Future Land Use Amendment & Rezone — Consider adoption of a Large Scale Future
Land Use Map Amendment from Suburban Estates to Planned Development, and the associated Rezone from A -1
(Agriculture) to PD (Planned Development) for light industrial uses on 13.5 acres, located at the corner of Celery
Avenue and N Beardall Avenue; (Z2015 -14) Parcel ID# 33- 19 -31- 300 - 0130 -0000 (Robert Horian, Applicant) District
5 — Carey (Joy Giles, Project Manager). The Board proposes to enact ordinances with the following titles to adopt the
future land use map amendment and rezoning:
AN ORDINANCE FURTHER AMENDING THE SEMINOLE COUNTY COMPREHENSIVE PLAN; AMENDING THE
FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY BY VIRTUE OF A LARGE SCALE FUTURE
LAND USE MAP AMENDMENT; CHANGING THE FUTURE LAND USE MAP DESIGNATION ASSIGNED TO
CERTAIN PROPERTY FROM SE (SUBURBAN ESTATES) TO PD (PLANNED DEVELOPMENT); PROVIDING
FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EXCLUSION FROM
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE AMENDING, PURSUANT TO THE
LAND DEVELOPMENT CODE OF SEMINOLE COUNTY, THE ZONING CLASSIFICATION ASSIGNED TO CERTAIN
PROPERTY LOCATED IN SEMINOLE COUNTY; REZONING CERTAIN PROPERTY CURRENTLY ASSIGNED
THE A -1 (AGRICULTURE) ZONING CLASSIFICATION TO THE PD (PLANNED DEVELOPMENT) ZONING
CLASSIFICATION; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR EXCLUSION FROM CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
All interested persons are encouraged to appear at this hearing and present input regarding the proposed item in
accordance with the procedures used by the Board, or submit written comments to plandesk @seminolecountyfl.gov,
or to the Seminole County Planning and Development Division Office at the address above, Room 2028, telephone
407 - 665 -7371; FAX 407 - 665 -7385. Input timely received will be forwarded to the Board for consideration at the public
hearing. Additional information regarding this item, and any comments received, are available for public review at
the address above, Room 2028, between the hours of 8:00 a.m, and 5:00 p.m., Monday through Friday, excluding
holidays. The Board may continue hearings from time -to -time as found necessary. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the County's Human Resources Department
ADA Coordinator 48 hours in advance of the hearing at 407 - 665 -7941. Persons are advised that if they decide to
appeal any decisions made at this hearing, they will need a record of the proceedings, and for such purpose they
may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based (Florida Statutes, Section 286.0105).
LOCATION MAP
VIC
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LOCAL PLANNING AGENCY
PUBLIC HEARING WILL BE HELD ON
WEDNESDAY, JANUARY 6, 2016
AT 5:30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION FIRST READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, JANUARY 25, 2016
AT 5:15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION SECOND READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, MONDAY, FEBRUARY 8, 2016
AT 5.15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinances and complete legal description by meets
and bounds may be obtained by interested parties between 8 a.m. and
5 p.m., Monday through Friday, from the office of the City Clerk, located
at 1126 E. SR 434, Winter Springs, Florida. For more information,
call (407) 327 -1800 #227. Persons with disabilities needing assistance
to participate in any of these proceedings should contact the Employee
Relations Department Coordinator, 48 hours in advance of the meeting
at (407) 327 -1800, #236. This is a public hearing. Interested parties are
advised that they may appear at the meeting and be heard with respect
to the proposed ordinance. If you decide to appeal any recommendation
or decision made by the City Commission with respect to any matter
considered at this meeting, you will need a record of the proceedings,
and for such purposes, you may need to ensure that a verbatim record
of the proceedings is made upon which the appeal is based.
ATTACHMENT licit
SEMINOLE COUNTY BOARD OF COUNTY
COMMISSIONERS NOTICE OF PUBLIC HEARING
TO CONSIDER ADOPTION OF A PROPOSED LARGE
SCALE FUTURE LAND USE MAP AMENDMENT TO
THE SEMINOLE COUNTY COMPREHENSIVE PLAN
AND ASSOCIATED REZONING
JANUARY 12, 2016 AT 1:30 P.M.
Notice is hereby given that the Seminole County Board' of County Commissioners (Board) will conduct a public
hearing on January 12, 2016, beginning at 1:30 p.m., or as soon thereafter as possible, in the County Services
Building, 1101 East First Street, Sanford, Florida, Room 1028 (Board Chambers). The purpose of this hearing
is to receive public input, and input from any local government or agency, and consider adoption of a Large
Scale Future Land Use Map Amendment to the Seminole County Comprehensive Plan and rezoning described
below. The item will be available for review approximately one week before the public hearing on the Internet at
https:Hseminolecounty .legistar.com /Calendar.aspx.
General Location of Proposed Large Scale Future Land Use Map Amendment and Associated Rezoning
Suntera Park Large Scale Future Land Use Amendment & Rezone — Consider adoption of a Large Scale Future
Land Use Map Amendment from Suburban Estates to Planned Development, and the associated Rezone from A -1
(Agriculture) to PD (Planned Development) for light industrial uses on 13.5 acres, located at the corner of Celery
Avenue and N Beardall Avenue; (Z2015 -14) Parcel ID# 33- 19 -31- 300 - 0130 -0000 (Robert Horian, Applicant) District
5 — Carey (Joy Giles, Project Manager). The Board proposes to enact ordinances with the following titles to adopt the
future land use map amendment and rezoning:
AN ORDINANCE FURTHER AMENDING THE SEMINOLE COUNTY COMPREHENSIVE PLAN; AMENDING THE
FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY BY VIRTUE OF A LARGE SCALE FUTURE
LAND USE MAP AMENDMENT; CHANGING THE FUTURE LAND USE MAP DESIGNATION ASSIGNED TO
CERTAIN PROPERTY FROM SE (SUBURBAN ESTATES) TO PD (PLANNED DEVELOPMENT); PROVIDING
FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EXCLUSION FROM
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE AMENDING, PURSUANT TO THE
LAND DEVELOPMENT CODE OF SEMINOLE COUNTY, THE ZONING CLASSIFICATION ASSIGNED TO CERTAIN
PROPERTY LOCATED IN SEMINOLE COUNTY; REZONING CERTAIN PROPERTY CURRENTLY ASSIGNED
THE A -1 (AGRICULTURE) ZONING CLASSIFICATION TO THE PD (PLANNED DEVELOPMENT) ZONING
CLASSIFICATION; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR EXCLUSION FROM CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
All interested persons are encouraged to appear at this hearing and present input regarding the proposed item in
accordance with the procedures used by the Board, or submit written comments to plandesk @seminolecountyfl.gov,
or to the Seminole County Planning and Development Division Office at the address above, Room 2028, telephone
407 - 665 -7371; FAX 407 - 665 -7385. Input timely received will be forwarded to the Board for consideration at the public
hearing. Additional information regarding this item, and any comments received, are available for public review at
the address above, Room 2028, between the hours of 8:00 a.m, and 5:00 p.m., Monday through Friday, excluding
holidays. The Board may continue hearings from time -to -time as found necessary. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the County's Human Resources Department
ADA Coordinator 48 hours in advance of the hearing at 407 - 665 -7941. Persons are advised that if they decide to
appeal any decisions made at this hearing, they will need a record of the proceedings, and for such purpose they
may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based (Florida Statutes, Section 286.0105).
COMMISSION AGENDA
ITEM 502
REQUEST:
ATTACHMENT "D"
Informational
Consent
Public Hearings
X
Regular
February 24, 2014 KS RS
Regular Meeting City Manager Department
The Office of the City Attorney requests that the City Commission consider adopting
Ordinance No. 2014 -08 re- conveying title to Lots 1 and 12 of Block D, Talmo Subdivision,
Plat Book 9, Page 10 back to Wayne P. Reece because the previously donated Lots are not
needed for use and maintenance as a park as originally intended.
SYNOPSIS:
In 2002, Wayne P. Reece donated to the City Lots 1 and 12 of Block D, Talmo Subdivision,
Plat Book 9, Page 10 for use and maintenance as a park pursuant to a Binding Development
Agreement with the City. The City originally intended to construct a passive park in the
neighborhood as a buffer between the existing commercial /industrial on nursery road which
was being redeveloped pursuant to the Development Agreement and the residential uses on
the other side of Nursery Road. However, after the conveyance, the City did not take any
significant steps to develop the Lots for park purposes as originally intended. Mr. Reece
has indicated by letter to Randy Stevenson that he would be willing to take back title to the
Property if the City no longer needs it. City Charter requires that the City Commission
authorize the conveyance of land by Ordinance.
CONSIDERATIONS:
1. Section 4.14(6) of the City Charter requires the City Commission to authorize the
conveyance of land by Ordinance; and
2. On August 1, 2002, the City entered into a Binding Development Agreement with Wayne
P. Reece (Seminole County Official Record Book 4522, Page 1817) for the
commercial /industrial redevelopment of real property located along Nursery Road.
Public Hearings 502 PAGE 1 OF 3 - February 24, 2014
3. In accordance with section 7 of the Agreement, Wayne P. Reece agreed to donate and
convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 to the City for
use and maintenance as a park ( "Property "). [See Attached property information
available from the Property Appraiser's website.]
4. The Property was conveyed to the City by warranty deed recorded in the Official
Records of Seminole County, Florida at Book 4641, Page 1570.
5. After the Property was conveyed, the City has been conducting routine maintenance of
the Property (lawn mowing /trash pick -up). However, the City did not take any significant
steps to develop the Property as a park as originally planned. The City currently has no
plans to fully develop the Property as a park.
6. By letter to the City's Community Development Director, dated February 10, 2014,
Wayne P. Reece indicated that he would be willing to take the Property back from the City
if the City no longer has an interest in keeping it. [See Attached letter]. The Community
Development Director and Mr. Reece have discussed using the property to construct
townhomes which will provide a residential buffer for the single - family detached homes to
the south from the commercial and industrial uses to the north.
7. The Property has a Future Land Use Map designation of Recreation and Open Space and
a zoning map designation of C -2 Commercial. If the Property is re- conveyed to Mr. Reece,
Mr. Reece will need to submit at least a comprehensive plan amendment application to
amend the Future Land Use Map Designation to a designation that will allow the Property
to be redeveloped. The City Commission will have to consider an appropriate new future
land use map designation at a later date taking into consideration compatibility with the
surrounding neighborhood and other factors. The prior City Commission had concerns
about commercial /industrial use encroachment on the Property.
8. Because the Property was donated to the City and the original owner has expressed an
interest in taking back title to the Property, the City Commission may declare that it is in the
best interests of the City to re- convey the Property back to the original owner rather than
soliciting competitive bids for the Property.
9. Re- conveying the Property to Mr. Reece is a discretionary matter for the City
Commission to decide. The City is not obligated to re- convey the Property. Conveyance
will occur within sixty (60) days of the effective date of the Ordinance if approved.
FISCAL IMPACT:
If the City Commission decides to re- convey the Property to Mr. Reece, there are nominal
incidental costs associated with recording the conveyance deed. However, the City will no
longer have maintenance responsibilities for the Property. In addition, if re- conveyed, the
Property will go back on the City tax rolls and be subject to applicable taxes.
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
Public Hearings 502 PAGE 2 OF 3 - February 24, 2014
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.
RECOMMENDATION:
The City Attorney recommends that the City Commission approve first reading
of Ordinance No. 2014 -08 re- conveying title to Lots 1 and 12 of Block D, Talmo
Subdivision, Plat Book 9, Page 10 back to Wayne P. Reece because the previously donated
Lots are not needed for use and maintenance as a park as originally intended; and move to
second reading.
ATTACHMENTS:
A. Ordinance 2014 -08
Public Hearings 502 PAGE 3 OF 3 - February 24, 2014
Attachment "A"
ORDINANCE NO. 2014 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PURSUANT TO
SECTION 4.14(6) OF THE CITY CHARTER,
AUTHORIZING THE CITY MANAGER TO RECONVEY
REAL PROPERTY OBTAINED BY THE CITY OF WINTER
SPRINGS BY DONATION FOR PARK PURPOSES
PURSUANT TO A BINDING DEVELOPMENT
AGREEMENT WITH WAYNE P. REECE RECORDED IN
THE OFFICIAL RECORD BOOKS 4533, PAGE 1817;
DECLARING THAT THE CITY OF WINTER SPRINGS NO
LONGER HAS A PUBLIC PURPOSE INTEREST IN SAID
REAL PROPERTY AND THAT IT IS IN THE BEST
INTERESTS OF THE CITY TO RECONVEY THE REAL
PROPERTY BACK TO THE ORIGINAL OWNER (WAYNE
P. REECE); PROVIDING FOR SEVERABILITY, THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES,
INCORPORATION INTO THE CODE, AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(h), Article V111, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 4.14(5) of the City Charter requires the City Commission to
authorize the conveyance of lend by Ordinance; and
WHEREAS, on August 1, 2002, the City entered into a Binding Development Agreement
with Wayne P. Reece (Seminole County Official Record Book 4522, Page 1817) for the
eommerciaLrindustrial redevelopment of real property, and
WHEREAS, in accordance with section 7 of the Agreement, Wayne P. Reece agreed to
donate and coney Lots I and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 to the City
for use and maintenance as a park ( "Property"); and
WHEREAS, the Property was conveyed to the City by warranty deed retarded in the
Official Records of Seminole County, Florida at Book 4641, Page 1570; and
WHEREAS, the City Commission finds that that the City no longer has an interest in the
Property far use and maintenance as a park as originally intended; and
City of Winter Springs
Ordinance No. 2014 -08
WHEREAS, by letter to the City's Community Development Director, dated February 10,
2014, Wayne P. Reece indicated that he would be willing to take the Property back from the City if
the City no longer has an interest in keeping it; and
WHEREAS, because the Property was donated to the City and the original owner has
expressed an interest in taking back title to the Property, the City Commission hereby deems it in
the best interests of the City to re- convey the Property back to the original owner rather than
soliciting competitive bids for the Property, as such, the competitive bid process is hereby waived;
and
WHEREAS, the City Commission of the City of Winter Springs, 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:
Secdo 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Conveyance of Real Property. The City Commission of the City of
Winter Springs hereby authorizes the City Manager to re- convey the following property to Wayne
P. Reece:
Lots 1 and 12 of Block D, Talmo Subdivision, Plat Boole 9, Page 14
(" Pro}a i7 )
Section 3. Instructions. The City Attorney is hereby authorized to prepare and file
the necessary legal instruments to convey the Property to Wayne P. Reece within sixty (60) days of
the effective date of this Ordinance. The City will pay the recording fees for the deed. Any other
closing costs (if any) will be paid by Wayne P. Reece unless otherwise approved by the City
Manager. The City Manager and Mayor are hereby authorized to sign said instruments on behalf
of the City in accordance with the advice of the City Attorney.
Section 4. Repeal of Prior inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section S. SeverabWty. 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 rceson, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
City of Winter Springs
Ordinance No. 2014 -08
2
validity of the remaining portions of this Ordinance.
Section 6. Effeetiye Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter. In the event, the conveyance of (he Property does not occur within sixty (60) days of the
effective date of this Ordinance, this Ordinance shall be deemed repealed at such time the City
Commission is advised of such determination at a public meeting.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assmbled on the day of 2014.
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
First Reading:
Second reading:
Effective Date:
CHARLES LACEY, Mayor
City of Winter Springs
Ordinance No. 201408
3
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Property Retort! Card
Parcel: 33 -20 -30 -513 -0 D O0- 0010
Owner: WINTER SPRINGS CITY OF
Property Address: 1OB0 NURSERY RD WINTER SPRINGS, FL32709
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Propert y Address: 1080 NURSERY RD
Owner. WINTER SPRINGS CITY OF
M ailing: 1 126 E STATE ROAD 434
WINTER SPRINGS, FL 32708 - 2715
Subdivision Name: TALMO SURD
Tax District: W4- WINTER SPRINGS- 17.92 REDVDST
Exemptions: 80 -CITY (2007)
DOR Use Code: 80- VACANT GOVERNMENT
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LEG LOT 1 RLK D TALMO SUBD P89 PG 10
Tax Details
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Value Summary
Tax Amount without SOH: SO
2013 Tax Bill Amount SO
Tax Estimator
Save Our Homes Savings: SO
' Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
2014Workingl
2013 Certif ied
Taxable Value
Valuesi
Values
Valuation
Cost /Market
Cost /Market
Method
524,000
s0
Number of
0
0
Buildings
Fire Fund
$24,000
Depreciated Bldg
s0
Winter Springs Bondsl
Value
$24,000
s0
Depreciated EXFT
$24,000
S24,0001
Value
County Bonds
S24,OOO
Land Value
524,000
$24,000
(Market)
Land Value Ag
lust Market
524,000
$24,000
Value
Portability Adj
Save Our Homes
s0
so
Adj
Amendment 1
SO
S0
Adj
Assessed Valuel
524,000
$24,000
Tax Amount without SOH: SO
2013 Tax Bill Amount SO
Tax Estimator
Save Our Homes Savings: SO
' Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
524,000
524,000
$o
Schools
524,000
524,000
s0
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S24,000
524,000
S0
Fire Fund
$24,000
$24,000
s0
Winter Springs Bondsl
$24,000
$24,000
s0
SJWM(Saint Johns Water Management)
$24,000
S24,0001
50
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S24,OOO
S24,0001
50
Sales
Deed
Date
Bonk
Page
Amount
Vac/imp
qualified
WARRANTY DEED
11/2002
04641
1570
S100
Vacant
No
WARRANTY DEED
03/2001
04199
1�,�,�,
$14,0001
Vacant
Yes
FindLornparanle Sales within this Subdivision
Land
M ethodi Frontage Depthl Unitsl Unit Price Land Value
FRONT FOOT & DEPTHI 1001 200 .0001 200.001 324,000
Building I of ormat ion
Year Built Base Total Llvirig Ext Adj. Re pi
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Property Record Card
Parcel: 33- 20 -30- 513 -0 D QO -0120
Owner: WINTER SPRINGS CITY OF
Property Address: NURSERY RD WINTER SPRINGS, FL 32708
Save Layout Reset Layout I New 'Search
Value Summary
Property Addre ss: NURSERY RD
Owner. WINTERS PRINGS CITY OF
M ailing: 1 125 E STATE ROAD 434
WINTER SPRINGS, FL 32708 - 2715
Subdivision Name: TALMO SUED
Tax District: W4- WINTER SPRINGS- 17.92 REDVDST
Exemptions: SO -CITY (2007)
DOR Use Code: SO- VACANT GOVERNMENT
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LEG LOT 12 BLK D TALMO SURD PS 9 PG 10
Tax Details
Tax Amount without SOH: S0
2013 Tax Bill Amount 5Q
Tax Estimator
Save Our Names Savings: SO
Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
2014 Working
2013 Certified
Taxable Value
Values
Values
Valuation
Cost /Market
Cost /Market
Method
524,000
SO
Number of
0
0,
Buildings
Fire Fund
524,000
Depreciated Bldg
SO
Winter Springs Bondsl
Value
524,000
S0
Depreciated EXFT
$24,0001
524,004
Value
County Bondsi
524,000
Land Value
524,000
$24,000
(Market)
Land Value Ag
lust /Market
524,000
$24,000
Value **
Portability Adj
Save Our Homes
So
S0
Adj
Amendment 1
S0
50
Adj
Assessed Value
S24.0001
524,400
Tax Amount without SOH: S0
2013 Tax Bill Amount 5Q
Tax Estimator
Save Our Names Savings: SO
Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
S24,O40
524,000
$O
Schools
524,000
524,000
SO
City WlnterSprings
524,000
524,000
SO
Fire Fund
524,000
524,000
SO
Winter Springs Bondsl
S24,0001
524,000
S0
SJWM`Saint johns Water Management)i
$24,0001
524,004
50
County Bondsi
524,000
S24,0001
So
Sales
Deed
Date
Book
Page
Amount
VacAmd.
Qualified
WARRANTY DEED
1112002
04541
1 7
$100
Vacanti
No
WARRANTY DEED
03/2001
04
jL2Qj
S 14,GOOI
Vacant
Yes
Finn Lomnaranie sates w Itnfn tmis } tjwivision
Land
Method I Frontagel Depthl U nit sl Unit Price I Land Value
FRONT FOOT & DEFTHI 1001 200 .0001 200.001 524,000
Building lnf ortration
Jjj Year Built Base Total Living Ext Adj Repl
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112
Attachment "C"
REECO PROPERTIES LLLP
PO BOX 640 WINTER PARK FL.. 32790
02/10/14
Randy Stevenson
Community Development Director
City o} Winter Springs
Dear Randy,
Many years ago Wayne P. Reece donated .94 acres of land on Nursery Road, Winter Springs FL Lot 2 and
Lot 12 Block D, T Alamo Subdivision, Plat Book 9, Page 10. It has come to our attention that the
property has no public use therefore Wayne P. Reece requests to take the tittle back on said property.
Thank You Very Much, Wayne P. Reece
CITY °Attachment "E"
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - JANUARY 6, 2016
PAGE 3 OF 6
CONSENT AGENDA
CONSENT
300. Office Of The City Clerk
Requesting The Planning And Zoning Board/Local Planning Agency Review And
Approve The Wednesday, December 2, 2015 Planning And Zoning Board/Local
Planning Agency Regular Meeting Minutes.
"I MAKE A MOTION WE APPROVE THE MINUTES OF THE LAST
MEETING." MOTION BY VICE - CHAIRPERSON GASMAN. SECONDED BY
BOARD MEMBER MILLER. DISCUSSION.
VOTE:
VICE - CHAIRPERSON CASMAN: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. 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 Ordinance 2016 -04, A Small -Scale Future Land Use Map Amendment For
Two Parcels Totaling Approximately 0.94 Acres Located On The South Side Of
Nursery Road, Specifically Located At 1080 Nursery Road.
Ms. Amanda Webb, Planner, Community Development Department began the discussion
on this Agenda Item and explained that in 2002, the owner of two (2) parcels of land
approximately 0.94 acres, located at 1080 Nursery Road, conveyed the property to the
City of Winter Springs for the use of a passive park which was never constructed. The
City Commission passed Ordinance 2014 -08 in 2014 which re- conveyed the property
back to the owner.
Continuing, Ms. Webb noted that the property is zoned C -2 (General Commercial
Zoning) and has a Future Land Use of Recreation/Open Space, and clarified that the
proposal would change the Use to Commercial and allow the owner to develop the
property.
Vice - Chairperson Howard Casman inquired about Ordinance 2016 -04 and if it involved
any further conveyance of the land. Ms. Webb indicated that the Ordinance only pertains
to a change to the Land Use. Further comments.
Oman
CITY OF WINTER SPRINGS, FLORIDA ..
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JANUARY 6, 2016
PAGE 4 OF 6
024,
Chairperson Henderson opened "Public Input ".
No one spoke.
Chairperson Henderson closed "Public Input".
"I WILL MAKE A MOTION THAT WE FORWARD TO THE CITY
COMMISSION FOR APPROVAL OF ORDINANCE 2016 -04, WHICH I""
PROPOSES A SMALL SCALE FUTURE LAND USE MAP AMENDMENT LIM
FROM RECREATION /OPEN SPACE TO COMMERCIAL FOR TWO (2)
PARCELS APPROXIMATELY 0.94 ACRES LOCATED AT 1080 NURSERY
ROAD AS DESCRIBED IN ORDINANCE 2016 -04." MOTION BY VICE -
CHAIRPERSON GASMAN. SECONDED BY BOARD MEMBER PHILLIPS. Q
DISCUSSION.
VOTE:
VICE - CHAIRPERSON GASMAN: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
401. Community Development Department — Planning Division
The Community Development Department — Planning Division Requests That The
Planning And Zoning Board Consider Ordinance 2016 -05, Which Proposes To Add
Definitions To The City Code Of Ordinances Related To Cottage Food Operations,
And To Amend The City Code Of Ordinances Regarding The Regulation Of
Cottage Food Operations In Order To Permit Them As A Home Occupation In The
Mr. Bobby Howell, AICP, Senior Planner, Community Development Department
discussed the Agenda Item and referenced Florida Statutes 500.80 - Cottage food
operations. specifically. Mr. Howell noted that several residents had expressed a desire to
start such home occupations and that Ordinance 2016 -05 is limited to just food items.
CONCERNING AGENDA ITEM "401" AND ORDINANCE 2016 -05, "I MAKE A
MOTION WE APPROVE IT." MOTION BY VICE - CHAIRPERSON GASMAN.
SECONDED BY CHAIRPERSON HENDERSON. DISCUSSION.
ATTACHMENT 'T"
CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT JANUARY 25, 2016 NOTES:
I FA D1 KWI , Rt 11 i101 1Z4 11XI I
Attorney Garganese read Ordinance 2016 -08 by "Title" only.
Mr. Howell addressed the City Commission on this Agenda Item.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Lacey closed the "Public Input" portion of the Agenda Item.
MOTION TO MOVE ORDINANCE TO SECOND READING. MOTION.
SECONDED. DISCUSSION.
VOTE:
COMMISSIONER CARROLL: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER CANNON: AYE
COMMISSIONER RESNICK: AYE
MOTION CARRIED.
PUBLIC HEARINGS
404. Community Development Department - Planning Division
REQUEST:
The Community Development Department — Planning Division requests that the City
Commission hold a Public Hearing to consider first reading of Ordinance 2016 -04, a
Small -Scale Future Land Use Map Amendment for two parcels totaling 0.94 acres
located on the south side of Nursery Road, specifically located at 1080 Nursery Road.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment, which re- designates the property
from "Recreation/Open Space" to "Commercial ", will increase the possibility of
additional taxable value to the City and potentially spur the increase of future
residential and commercial development /redevelopment activity within this particular
area.
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.
Page 10 of 18
ATTACHMENT "F"
CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT JANUARY 25, 2016 NOTES:
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.
The property was posted with a large sign and Ordinance 2016 -04 was advertised in the
Orlando Sentinel on December 24, 2015.
RECOMMENDATION:
The Local Planning Agency and City Staff recommend that the City Commission
approve Ordinance 2016 -04, which proposes a Small-Scale Future Land Use Map
Amendment changing the property designation from "Recreation /Open Space" to
"Commercial" for two parcels totaling approximately 0.94 acres located at 1080
Nursery Road as described within Ordinance 2016 -04.
AS TO ORDINANCE 2016 -04, "MOTION TO READ ORDINANCE BY `TITLE'
ONLY." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMMISSIONER CARROLL. DISCUSSION.
MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS.
Attorney Garganese read Ordinance 2016 -08 by "Title" only.
Mayor Lacey opened the "Public Input" portion of the Agenda Item.
Ms. Sandra Cox, 1200 George Street, Winter Springs, Florida: spoke of hearing gunshots and
she was against the project.
Mr. Kevin Lathrop, 310 George Street, Winter Springs, Florida: spoke against the project and
noted many problems with traffic and parking problems.
Ms. Judy Bohnstadt, 1170 Talmo Street, Winter Springs, Florida: spoke against the project.
Mr. Damien Madsen, 1570 Bryan Avenue, Winter Park, Florida: thought this would enhance
property values.
Mr. Fernando Alejandre, Jr. 1171 Ridge Street, Winter Springs, Florida: spoke of crime and
spoke against the project.
Mr. Andrew Chipchak, 1221 George Street, Winter Springs, Florida: noted problems with
flooding and was against the project.
Ms. Crystal Richard, 1220 George Street, Winter Springs, Florida: spoke of problems with
flooding and smelled pot and heard excessive noise in the area.
Mr. Bryan Reece, 721 Virginia Drive, Winter Park, Florida: stated, "Yes, I am the property
owner. There are way too many questions, I couldn't write them down fast enough so if you
all remember some of them and I can remember them."
Page 11 of 18
ATTACHMENT "F"
CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT JANUARY 25, 2016 NOTES:
Continuing, Mr. Reece said he did not know about gunfire and added, "I think as I'm the
property owner I would have been notified by the police if there was actual report of gunfire.
It could have been fire crackers. I've never heard of gunfire going off out there, it's a very safe
park. As a matter of fact, when we went for Phase III, not sure the Chief of Police's name,
sorry.
As to the retention pond, it has been a very big challenge. The rings this year duped us pretty
good. We aren't finished with it; we've actually had a very big washout. We've already
submitted to Brian Fields and the group a new flume to be installed which is going to cost me
tens of thousands of dollars to take that dirt back up to the size of the retention pond. The
retention pond meets and exceeds everything for the civil engineering for the City of Winter
Springs. It's actually a larger pond then what we had before or as large as, and should hold
plenty of water.
The water backing up the street, we were challenged to be able to drain the water from the
retention pond, to build the new retention pond, and we just fought ourselves and fought
ourselves and fought ourselves with these rains this year. Something that I didn't realize is
how bad the drainage is going down Nursery Road and as it turns and goes to the direction
that it's supposed to go. Today, Nursery Road is now draining into my pond which I haven't
addressed with Brian but I need to get with them and see what the resolutions going to be
there.
Once again, we only have one, two thousand square foot (2,000 sq ft.) space. The reason that
you may see not a lot of cars in the back building is one tenant that has one or two employees,
named C &C Resale has 9,000 sq ft. and all they do is bring in big large equipment and ship
them out. They don't work on them there, the doors are always closed. Next to that is a 6,000
sq. ft. that's occupied by David Ray who owns Bill Ray Nissan and it's a man cave. He stores
his various toys in there, and very rarely comes in. Then we got a large format printer and then
millennium. This 1055 Building, I'm actually going to show some photos. There's the park.
Okay, what I'd like to point out here is, this what the Nursery Road used to look like before
we bought the property and redeveloped it. At the top of the screen as you can see, we had all
the mechanics in there and they're double parking cars. Cars with loud engines, cars without
wheels, the front of the building was nothing but a metal building. I went in and spent a
quarter of a million dollars and put a fagade on the front, put store fronts in it. I asked the
tenants to move out who are undesirable and I moved in reparable companies and I've done
that in this whole entire park.
If you all may remember, Hub Cap up on 17 -92; we moved them out, tore the building down
and built a brand new commercial building up on 17 -92. So, from my perspective I have
increased and enhanced the value of this neighborhood; I can't say much about the body shop
next door but that's not my business. I can't control them; I have nothing to do with them.
With that said, I guess we could go a couple of pictures forward, well if we can go back one,
that's the front building; we redid all of that. Next one, that's just the side of the building
against Nursery Road all clean, block wall. Next, go next, that's the corner of the building on
Nursery Road. Trying to get to the picture showing, that that's the actual building that had all
the mechanics in it. They were double parked and it was nothing but an old metal building.
And that's probably the last picture, see if we have one more. That's it.
Page 12 of 18
ATTACHMENT "F
CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT JANUARY 25, 2016 NOTES:
In regards to the retention pond, once again, like I said we've had a big washout that we're
having to redesign and engineer a new flume to come out the existing. Oh another one, the
water backing up on the properties behind us will not continue once we put the driveway in,
put the curb system in, all that water retention will come into the Storm Water Management
and go into the pond. So what's backing up on our property today is not going to happen once
we finish with the construction.
That's about all I got right now. Oh, the other thing, we didn't get annexed in the City of
Winter Springs because for whatever the reason he said was, it was because we didn't want
the town, that top building, the front building was Hub Cap Daddy, the top building and
beyond were all run down duplexes. And they were occupied by undesirables, I can tell you
that. When we finally moved them out we put a lift station on the property and at our dime
went four (4) streets down to tap into the City of Winter Springs Waste Water Treatment
Plan."
Tape 2 /Side A
Further discussion followed with members of the City Commission, Mr. Reece and Captain
Deisler.
"I MAKE A MOTION THAT WE GO AHEAD AND APPROVE ITEM `404'."
MOTION BY COMMISSIONER KREBS.
MAYOR LACEY SAID WE HAVE A MOTION FROM COMMISSIONER KREBS TO
APPROVE FIRST READING OF 2016 -04, ITEM `404'."
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VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER CARROLL: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER CANNON: AYE
MOTION CARRIED.
REGULAR
REGULAR
500. Office of the City Attorney
REQUEST:
Pursuant to the requirements of the City Charter, the City Attorney requests: (1)
Commissioner Cannon make an appointment to the Districting Commission subject to
ratification and approval by the City Commission; and (2) the City Commission adopt
Resolution 2016 -02 formally establishing the 2016 Districting Commission and providing
for the Districting Commission's scope of duties and other administrative duties of City
Staff for purposes adjusting the City Commission Voting District boundaries in
accordance with the time frames imposed by the City Charter.
Page 13 of 18
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425 -9566
ATTACHMENT "G"
DEVELOPER'S AGREEMENT
FOR RECORDING DEPARTMENT USE ONLY
THIS DEVELOPER'S AGREEMENT (the "Agreement ") is made and executed this
day of February, 2016, by and between the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation (the "City "), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and REECO PROPERTIES, LLLP, a Florida limited partnership
( "Developer "), whose address is 1080 Nursery Road, Winter Springs, FL 32708.
WITNESSETH:
WHEREAS, this Agreement is related to certain real property located in Seminole
County, Florida, with a property address of 1080 Nursery Road, Winter Springs, Florida and a
tax parcel identification number of 33- 20- 30- 513 -OD00 -0010 and 33- 20- 30- 513 -OD00 -0120,
and more particularly legally described on EXHIBIT "A ", which is hereby fully incorporated
herein by this reference (the "Property "); and
WHEREAS, the Developer requested that the City Commission approve a future land
use map designation of the Property from Open Space /Recreation to Commercial in order to
develop the Property in the future; and
WHEREAS, the City Commission approved the aforesaid request subject to the
Developer agreeing to the terms and conditions set forth in this Agreement in order to address
potential negative impacts that could have potentially occurred on surrounding properties from
amending the future land uses applicable to the subject Property; and
WHEREAS, the parties agree that the conditions placed upon the Property by this
Agreement are necessary and reasonable conditions that serve a legitimate public purpose and
are proportionately related to address any potential negative impacts resulting from the future
land use map amendment referenced above; and
WHEREAS, the terms and conditions set forth in this Agreement shall remain binding
covenants upon the Property unless terminated by recordable instrument by the City; and
Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Page 1 of 6
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are
hereby incorporated herein by this reference. The Effective Date of this Agreement shall be the
date on which the last party hereto timely and fully executes this Agreement ( "Effective Date ").
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Development Conditions. Development of the Property shall be subject to the
following conditions:
A. Obnoxious odors and excessive noise shall be strictly prohibited on or from the
Property.
B. Any business operated on the Property shall limit their hours of operation between
6 A.M. and 9:00 P.M.
C. In conjunction with the construction of any building on the Property, the
Developer shall construct a concrete block wall along the entire southern boundary of the
Property. Said wall shall be subject to City permit approval in accordance with applicable City
Codes. However, the wall shall be required to be eight (8 ft) feet in height and shall be
decorative with a split faced block, stone, or brick veneer finish.
4.0 Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Developer and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terms and conditions of this Agreement.
Developer represents that it has voluntarily and willfully executed this Agreement for purposes
of binding the Property to the terms and conditions set forth in this Agreement.
5.0 Successors and Assigns. Upon being recorded in the Public Records of Seminole
County, Florida, this Agreement shall automatically be binding upon and shall inure to the
benefit of the City and Developer and their respective successors and assigns. The terms and
conditions of this Agreement similarly shall be binding upon the Property and shall run with title
to the same.
6.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties agree that venue shall be
exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are
based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which
arise out of or are based upon this Agreement.
Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Page 2 of 6
7.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
8.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Property and contains the entire
agreement between the City and Developer as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
9.0 Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
10.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
11.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
12.0 Joinders of Mortgage Holders. To the extent applicable, the Developer shall
be required to obtain a written joinder from all mortgage holders that may have a recorded
mortgage upon the Property prior to the date that this Agreement is recorded on the Property.
The joinder shall be in recordable form and shall evidence the mortgage holder's consent that the
terms and conditions of this Agreement shall survive any foreclosure of their respective
mortgage recorded against the Property. A copy of the recorded joinder shall be promptly
delivered to the City upon recordation or upon request by the City.
13.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal -agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
14.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on the City's
potential liability under state or federal law. As such, the City shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than
two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Page 3 of 6
15.0 City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
17.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19.0 Attorney's Fees. In the event that the City has to take legal actions in a court of
competent jurisdiction to enforce the development conditions set forth in Section 3.0 herein, the
City shall have a right to reimbursement of reasonable attorney's fees and costs, through all
appellate proceedings.
20.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the Effective Date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Developer is in breach of any term and condition of this Agreement until the breach is
cured.
21.0 Default; Opportunity to Cure. Should either party desire to declare the other
party in default of any term and condition of this Agreement, the non - defaulting party shall
provide the defaulting party a written notice of default. The written notice shall, at a minimum,
state with particularity the nature of the default, the manner in which the default can be cured,
and a reasonable time period of not less than thirty (30) days in which the default must be cured.
No action may be taken in a court of law on the basis that a breach of this Agreement has
occurred until such time as the requirements of this paragraph have been satisfied.
[Signature page follows]
Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Page 4 of 6
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
CITY OF WINTER SPRINGS
M.
Charles Lacey, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
W.
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Page 5 of 6
Signed, sealed and delivered in the REECO PROPERTIES, LLLP, a Florida limited
presence of the following witnesses: partnership
M.
Signature of Witness
Printed Name of Witness
Date:
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2016, of REECO PROPERTIES, LLLP, a Florida limited
partnership, on behalf of said company. He is personally known to me or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO
FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN
THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES
THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE
DEEMED NULL AND VOID.
Developer's Agreement
City of Winter Springs and REECO Properties, LLLP.
Page 6 of 6