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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 V14014 SDPA Large Parcel Map View Attachment "B" —3 71 _. t Li Nom_ - 1' Lu 1771: '- Lu ° I - GOLV i �RRACIE DR N RSERy RD Ll' 1 [a I "P SARA IZCOLE L1 �---� Lu EJ� of I � 4 or -- __� ..._- CAK 7Lr—�� z 1 � z i � 1 Ivtap Aerial Bath Faatprint ❑ F-I 6ctents CF nter Dual Map View - External hVJAwm .scpatl.ugRargeParcetMap.wp ORD= 33203051300000120 111 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 `�, RiSBlkC7 fARfEiS� :.: " L g 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 V14014 SDPA Large Parcel Map View Attachment "B" —3 71 _. t Li Nom_ - 1' Lu 1771: '- Lu ° I - GOLV i �RRACIE DR N RSERy RD Ll' 1 [a I "P SARA IZCOLE L1 �---� Lu EJ� of I � 4 or -- __� ..._- CAK 7Lr—�� z 1 � z i � 1 Ivtap Aerial Bath Faatprint ❑ F-I 6ctents CF nter Dual Map View - External hVJAwm .scpatl.ugRargeParcetMap.wp ORD= 33203051300000120 111 2/14/2014 rSEMWUI.F C�7UIYN FlDrilUJ1 SCPA Parcel View. 33- 20- 30- 513- ODMOO10 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 c Back I I c Previous Parcel I I Next Bartel n I L Save Layout L Reset Parcel: 33- 20- 30- 513.ODOO -0010 04 LU i4 D X" 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 Map Aerial Bath Footprint E+ 0 Extents Center Larger IViap Advanced Map Dual Nbp Vlaw - External Legal Description LEG LOT 1 RLK D TALMO SUBD P89 PG 10 Tax Details New Search] 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 City Winter Springs 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 County Bonds 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 #It]escrptlon Art11al /FffprrivaFixtures Araa 11F ec wan trah, Values Appendage http:Jlw , wscpaSl. orgtParc- dDeUIs .aspx?PID=33- X30-513- 0D00.0010 V2 711412014 Ua%o i Joohnson. CFA APPRAI5R ,EMIN XE CQUN rY. ELDRIVA a Back } c Previous Parcel J Next Parcel n Parcel: 33. 20.34- 513- OD00.0120 I SCPA Parcel View. 33- 20- 30- 513- OD0O.0120 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 Map Aerial Bath Footprint +� 6ctents Cenler Larger �iap Advanced Map Dual Map View - External Legal Description 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 # Description d,y „al /r-ffoni.. Fixtures &-.I is cr wan uaI,� ua1aM age http]Mww.scpa8:org[Parcel DetaiIs.aspx?P10 =33- 20-30- 513 -OD00 -0120 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'." fy X41130 B N 03 31K41130 10 1 k3111 1112104 OR 7 �I 0 [e_11111111 7 kYetwI&I 1130 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