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HomeMy WebLinkAbout2016 06 13 Public Hearing 400 Ordinance 2016-06, Second Reading, Southern OaksCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular June 13, 2016 KL KL Regular Meeting City Manager Department The Public Works Department requests the City Commission hold a public hearing for the second reading and approval of Ordinance 2016 -06 for conveyance of a 2 -acre parcel to Taylor Morrison of Florida, Inc. SYNOPSIS: Taylor Morrison previously received City approval to construct a dry retention pond on City property located north of the proposed Southern Oaks subdivision. Ordinance 2016 -06 authorizes the City to convey the 2 -acre dry retention pond parcel to Taylor Morrison. CONSIDERATIONS: . Southern Oaks is a single - family residential development by Taylor Morrison that is proposed to be constructed partially in the City of Winter Springs and partially in the City of Oviedo. The portion of the development that is proposed in Winter Springs consists of 54 homes on 33.30 acres, and is located north of SR 434 and west of the intersection of DeLeon Street and Cress Run. At the March 10, 2014 City Commission meeting, the Commission approved a request by Taylor Morrison to construct a dry retention pond to be located on City owned property located to the north of the development (Solary Canal Regional Stormwater Treatment Area). This approval allowed the engineer to lower the ground elevation of the proposed lots adjacent to Barrington Estates to within 1.5 - 2.5 feet of the existing lots in Barrington Estates. Without this agreement, the new lots in Southern Oaks would have been approximately 6 - 7 feet higher than those in Public Hearings 400 PAGE 1 OF 3 - June 13, 2016 Barrington Estates. In addition, the agreement allows for a higher level of stormwater treatment. . At the June 22, 2015 City Commission meeting, the Commission approved the Final Engineering plans and a Developer's Agreement for Southern Oaks. The Developer's Agreement included all terms and conditions for Taylor Morrison's proposed usage of the City property, which included payment to the City in the amount of $125,000 for the use of the City property. . The St. Johns River Water Management District purchased the 29 -acre Solary Canal property in January 2005 for $1.82 million using "Florida Forever" state funds. In January 2010, prior to construction of the Solary Canal Stormwater Treatment Area, the District conveyed the 29 -acre property to the City by quit -claim deed. The quit- claim deed included a reverter clause that requires the City to return the land to the District if the City failed to construct, maintain, and operate the Stormwater Treatment Area. . The District's legal department reviewed Taylor Morrison's proposed usage of the City property and determined that the dry retention pond could not be constructed on the 2 -acre area, as initially approved by the District's engineering staff, without a partial release of the reverter clause covering the 2 -acre area over the proposed dry retention pond. A partial release of the reverter requires reimbursement to the District of the original purchase price of the land plus interest, which for the 2.02 -acre dry retention pond now has a total cost of $195,555. This reimbursement is necessary because the land was originally purchased by the District using Florida Forever funds. . At the May 9, 2016 City Commission meeting, the Commission approved a revised Developer's Agreement that defined the new terms and conditions of Taylor Morrison's proposed use of the City property, including: • Taylor Morrison to pay the City $215,110.50, consisting of the original land purchase price plus interest in the amount of $195,555 plus a 10% fee for administration and acquisition of the City property. • The City will submit payment to the District in the amount of $195,555 for partial release of the reverter. • The District will release the reverter and enter into an agreement with the City to reimburse the City for stormwater improvements to be implemented over the next two years at the Solary Canal site and other locations, subject to District approval, in the amount of up to $195,555. • After the District releases the reverter and executes the agreement for stormwater improvements, the City will convey the 2.02 -acre dry pond area to Taylor Morrison. . At the May 9, 2016 City Commission meeting, the Commission approved the first reading of Ordinance 2016 -06 (Attachment B). This agenda item is for the second reading and approval to convey the 2.02 -acre dry retention area from the City to Taylor Morrison. . Once the conveyance of the 2.02 -acre pond parcel is complete, Taylor Morrison can proceed with sitework on the Winter Springs portion of the Southern Oaks development. Public Hearings 400 PAGE 2 OF 3 - June 13, 2016 FISCAL IMPACT: The revised Developer's Agreement (approved on May 9, 2016) and Ordinance 2016 -06 have a net positive fiscal impact consisting of a $19,555.50 cash payment to the City plus up to $195,555 of stormwater improvements eligible for reimbursement by the St. Johns River Water Management District. 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 six (6) 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: Staff recommends the City Commission approve the second reading of Ordinance 2016 -06. ATTACHMENTS: A - Copy of Legal Ad B - Ordinance 2016 -06 (5 pages) Public Hearings 400 PAGE 3 OF 3 - June 13, 2016 ATTACHMENT B ORDINANCE NO. 2016-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY PURSUANT TO SECTION 4.14 OF THE CITY OF WINTER SPRINGS CHARTER TO CONVEY 2.0168 ACRES OF REAL PROPERTY, MORE OR LESS, WHICH WAS OBTAINED BY THE CITY OF WINTER SPRINGS FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FOR STORMWATER PURPOSES; PROVIDING SAID CONVEYANCE SHALL BE TO TAYLOR MORRISON OF FLORIDA, INC. SUBJECT TO A DEVELOPER'S AGREEMENT BETWEEN TAYLOR MORRISON OF FLORIDA, INC. AND THE CITY WHICH GENERALLY PROVIDES THAT THE SUBJECT PROPERTY WILL BE USED FOR STORMWATER PURPOSES RELATED TO THE DEVELOPMENT OF A SINGLE FAMILY HOME PROJECT ADJACENT TO THE SUBJECT PROPERTY; PROVIDING FOR A TERMINATION OF CONVEYANCE AUTHORITY GRANTED HEREUNDER IF SAID CONVEYANCE IS NOT COMPLETED PURSUANT TO THE TERMS AND CONDITIONS OF THE DEVELOPER'S AGREEMENT; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE AND EXECUTE ANY DOCUMENTS TO COMPLETE THE RELEASE OF REVERTER AND FUNDING AGREEMENT WITH ST. JOHNS WATER MANAGEMENT DISTRICT AS APPROVED AND SET FORTH IN THIS ORDINANCE; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the City 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, on January 7, 2010, the City of Winter Springs ( "City ") obtained approximately 28 acres of real property, more or less, from the St. Johns River Water Management District ( "District") related to the construction of a regional stormwater project which is now commonly known as the "Solary Canal Stormwater Project; and WHEREAS, the aforesaid real property is subject to a deed covenant that requires the property to be used for stormwater related improvements; and Page 1 of 4 WHEREAS, a portion (2.0168 acre, more or less) of the aforesaid real property conveyed to the City was not originally incorporated into the Solary Canal Stormwater Project; and WHEREAS, the City Commission hereby finds that the City does not have a current need to utilize the 2.0168 acres of real property for the Solary Canal Stormwater Project or for some other stormwater purpose; and WHEREAS, Taylor Morrison of Florida, Inc. desires to construct a single family home development project adjacent to the aforesaid real property and has a current need to utilize the 2.0168 acres for a stormwater pond related to the development project; and WHEREAS, the City Commission finds that Taylor Morrison of Florida, Inc.'s intended use of the 2.0168 acres is consistent with the purpose of the original conveyance of the subject property to the City and as such, the City Commission further finds that it is in the best interests of the citizens of Winter Springs to permit Taylor Morrison of Florida, Inc. to utilize the 2.0168 acres of real property for stormwater purposes under the terms and conditions of a Developer's Agreement between Taylor Morrison of Florida, Inc. and the City, dated February 8, 2016; and WHEREAS, the City Commission also finds that conveying the subject property to Taylor Morrison of Florida, Inc. will serve a public purpose because said conveyance will not only provide for enhanced stormwater treatment for the proposed development project using Outstanding Florida Water stormwater treatment criteria with approval by the District, but it also provides an opportunity for the City and the District to conduct additional maintenance and improvements to the Solary Canal Stormwater Project; and WHEREAS, in furtherance of the City Commission's findings, the City Commission hereby determines that it is in the best interests of the City of Winter Springs to convey the 2.0168 acres of real property, which is legally described herein, to Taylor Morrison of Florida, Inc. as provided in this Ordinance; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Sale of Real Property. The City Commission of the City of Winter Springs hereby authorizes the City to sell and convey the real property legally described on EXHIBIT `W' attached hereto to Taylor Morrison of Florida, Inc. EXHIBIT "A" is hereby deemed fully incorporated herein by this reference. Said conveyance and subject real property shall be subject to the terms and conditions of the Developer's Agreement between the City and Taylor Morrison of City of Winter Springs Ordinance No. 2016- 06 Page 2 of 4 Florida, Inc., dated February 8, 2016. Section 3. Termination of Conveyance Authority. The conveyance authority granted pursuant to Section 2 of this Ordinance shall automatically terminate if the conveyance of the subject real property does not occur pursuant to the terms and conditions of the Developer's Agreement. If said termination occurs, this Ordinance shall be deemed null and void and no longer effective. Section 4. Agreements with District. In conjunction with the conveyance authorized with the conveyance authorized by Section 2 of this Ordinance, the City Manager and City Attorney are authorized to finalize and execute whatever documents are necessary to complete the release of the reversionary interest referred to in the Developer's Agreement. In addition, the City Commission hereby approves the Agreement Between the St. Johns River Water Management District and the City of Winter Springs For Stonmwater improvements to the Solary Canal Stormwater Project in the amount of $195,555 which was presented by City Staff to the City Commission during the adoption of this Ordinance. Said Agreement is subject to completing the conveyance of the subject property to Taylor Morrison of Florida, Inc. pursuant to the terms and conditions of the Developer's Agreement. 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. Effective 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2016. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk City of Winter Springs Ordinance No. 2016 -06 Page 3 of 4 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: City of Winter Springs Ordinance No. 2016- 06 Page 4 of 4 EXHIBIT "A" (Dry Pond Area) SATTCII AjVD DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION AS FOLLOWS: That part of the South 564.64 feet of the West 659.60 feet of the NW 114 of the NW 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County, Florida, lying North of boundary line agreement per Official Records Book 7555, Page 1331, Public Records of Seminole County, Florida. 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 N.00'29'25 "W., along the West line of said Section 3, a distance of 1,329.57 feet to the Southwest corner of boundary line agreement per Official Records Book 7555, Page 1331, Public Records of Seminole County, Florida, and the POINT OF BEGINNING; thence continue N.00'29'25 "W. along said West line, a distance of 180.02 feet; thence N-90'00'001- a distance of 134.00 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N.49 °46'49 "E., a radial distance of 216.69 feet; thence Southeasterly along the arc, through a central angle of 27 °40'37 ", a distance of 104.67 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N.15 °39'36 "F., a radial distance of 719.64 feet; thence Easterly along the arc, through a central angle of 17'34'51", a distance of 220.82 feet to a point of compound curve to the left having a radius of 190.41 feet and a central angle of 55'47'22';' thence Northeasterly along the arc, a distance of 185.40 feet; thence N.90'00'00 " E., a distance of 68.74 feet; thence S.00'2925 "E., a distance of 177.47 feet to the boundary line per said boundary line agreement; thence 5.89'39'16 "W., along said boundary line, a distance of 659.60 feet to the POINT OF BEGINNING. Containing 87,851 square feet or 2,0168 acres, more or less. REMAINDER NW174, NW174 S 89'3a'S5° E REC 4 .4 CM 1320.37' NORTHWEST CORNER SECTION 3- T215 -R31E 4. REC NAIL & DISC - FIELD rn k §ry b69 Ns �u o C.M. N 90'00'00" E .y,M • I � ,• 134.00 s A 'a �Iau�, n C1 til Al ^ 1'•_ n 0 2 0 0 E n SITE F PART OF WEST 659.60' y OF SOUTH 564.64' 2 1 5 89'3916" W 659.60' sa' m = NAIL & DISK = RIGHT -OF-WAY N.R. W.P. (O CCUPIED} 660.3 EASEMENT SOUTH LINE, NW 174, NW 174 SECTION 3- T27S -R31E 7�R DRAIN. UTIL SOUTHWEST CORNER OUNDARY LINE AGREEMENT P.R.M. F F. R. BOOK 7555, PAGE 1337) V� P. 0. C. B.S.L. V = WOOD FENCE CONCRETE BLOCK REC 4 iTCOR1 POINT OF CURVATU RE I WEST 774 CORNER � SEG710N 3- T215 -R31 E OESC. REMAINDER NW174, NW174 SECTION 3- T21S -R3?E P N 90'00'00" E z 68.74' - FIELD rn in ,tio a'p Ns �u D C C.M. CONCRETE MONUMENT 660.19' SET I.R. REC. BOUNDARY LINE PER P.O.L. TYP, BOVNOARY LINE AGREEMENT - POINT OF BEGINNING (O.R. BOOK 7555, PAGE 7331) P.O.C. Q CURVE DELTA RADIUS LENGTH CHORD CHORD BEARING CI 2740'37" 216.69' E 104.67' 1OJ.66' S 54'03'29° C2 173451" 1 719.64' 1 220.82' 11 219.95' S 8307'48° E C3 55'4722" 1 19041' 1 185.40' 1 178.16' N 60'11'05" E GRUSENMEYER — SCOTT & ASSOC., INC. — LAND SURVEYORS LEGEND - LEGEND - P = PLAT R F - FIELD L I.P. I.R. IRON PIPE -IRON ROD D C C.M. CONCRETE MONUMENT C.B. SET I.R. REC. 1/2" I.R. w / #LB 4596 = RECOVERED P.O.L. TYP, P.O.B. - POINT OF BEGINNING P.R.C. P.O.C. Q =POINT OF COMMENCEMENT CENTERLINE P.C.G. RAD. N &D R/W = NAIL & DISK = RIGHT -OF-WAY N.R. W.P. ESMT. EASEMENT CALC. DRAIN. UTIL = DRAINAGE UTILITY P.R.M. F F. CL.FC. CHAIN LINK FENCE B.S.L. WD.FC. C/B = WOOD FENCE CONCRETE BLOCK B.M. B.B. POINT OF CURVATU RE CONC. OESC. POINT OF TANGENCY DESCRIPTION FIRM ID, SCALE: NORTH 5400 E. COLONIAL DR, ORLANDO, FL. 32807 (407)- 277 -3232 FAX (407)- 658 -1436 = RADIUS CERTIFICATE OF AUTHORIZATION — LB 4596 ARC LENGTH DE TA CHORD = CHORD BEARING POINT ON LINE TYPICAL = POINT OF REVERSE CURVATURE = POINT OF COMPOUND CURVATURE RADIAL NON- RA DIPL WITNESS POINT = CALCU IATED PERMANENT REFERENCE MONUMENT nNISHED FLOOR ELEVATION BUILDING SETBACK LINE BENCHMARK = BASE BEARING CONCRE E ROOD INSURANCE RATE MAP IDENTIFICATION CERTIFIED BY: JAMES W. SCOTT, R.L.S IT 4801 NOTES: I- THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM 7ECHN7CA1 STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER N -17 FLORIDA ADMINISTRATIVE CODE, 2, UNLESS EMBOSSED WITH SURVEYOR'S SEAL, THIS SKETCH 1S NOT VALID AND IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. 3. THIS SKETCH WAS PREPARED FROM TIRE INFORMATION FURNISHED TO THE SURVEYOR. THERE MAY RE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS PROPERTY. 4, NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN. 5, THIS SKETCH IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON By ANY 07NER ENTITY, 6. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES. 7. BEARINGS, IF SHOWN, ARE BASED ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING (8.8.) 8- ELEVATIONS, IF SHOWN, ARE BASED ON NGVD 1929, UNLESS OTHERWISE NOTED. R.L.S. if DATE ORDER j TOM X. GRUSENMEYER, R.L.S. if 4714 1 01 -13 -2015 1 Tab -15 SKETCH AND DESCRIPTION FOR /CERTIFIED TO: L R OF FLORIDA, INC.