HomeMy WebLinkAbout2016 07 25 Public Hearing 402 Resolution 2016-19 Consent to Vacation of Tuscany Place PlatCOMMISSION AGENDA
ITEM 402
REQUEST:
Informational
Consent
Public Hearings
X
Regular
July 25, 2016 KS RS
Regular Meeting City Manager Department
The Community Development Department - Planning Division is requesting the City
Commission consider Resolution 2016 -19, which documents the City Commission's consent
to the Seminole County Board of County Commissioners vacation and annulment of the
Tuscany Place plat.
SYNOPSIS:
On June 22, 2015, the City Commission approved a plat for Tuscany Place, which consists
of 45 townhome lots. Tuscany Place is located north of Northern Way and east of Trotwood
Boulevard. Tuscany Place was originally constructed as a condominium project in the
1980's. The developer who obtained approval of the plat proposed to construct and sell the
remaining units as fee simple townhome units. The lots that were created via the plat were
under a declaration of condominium which created a title problem when the sale of the
newly created fee simple townhome lots were ready to close. Based on this title problem,
the property owner has requested the Tuscany Place plat be vacated and annulled so the
units can be sold as condominiums under the current condominium declarations.
Florida Statutes permit only the Seminole County Board of County Commissioners to
vacate and annul the plat. Resolution 2016 -19 allows the City Commission to consent to
Seminole County proceeding with the final vacation and annulment of the Tuscany Place
plat pursuant to Section 177.101, Florida Statutes.
Public Hearings 402 PAGE 1 OF 3 - July 25, 2016
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
. Applicant name and address and authorized representative: Intersugar Investments,
Inc by Vilhlen & Vanadia, P.A., its attorneys
. Property owner's name(s): Intersugar Investment, Inc.
. Property addresses: Multiple addresses issued - 45 lot subdivision
. Property Parcel ID number: Multiple parcel identification numbers - 45 lot
subdivision
. Current FLUM Designations: High Density Residential
. Current Zoning Designations: PUD (Planned Unit Development)
. Previously Approved Development permits such as conditional use, waiver, or
variance if any): None
. Development Agreements (if any): None
. Pending Code Enforcement Actions (if any): No known pending Code Enforcement
actions
. City Liens (if any): No known liens
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Home Rule Powers
Florida Statutes, Section 177.101
The City Commission approved a plat for Tuscany Place on June 22, 2015, which consists
of 45 fee simple townhome lots. Tuscany Place was originally constructed as a
condominium project in the 1980's. The developer who obtained approval of the plat
proposed to construct and sell the remaining units as fee simple townhome units as it was
indicated to City Staff that banks were not financing condominium development. Tuscany
Place is subject to a declaration of condominium. The fee simple townhome lots that were
created via the plat were not removed from the declaration of condominium and are still
subject to said declarations. Upon attempting to sell lots created via the plat, a title problem
was noted at the time of closing as the lots are under a declaration of condominium. Based
on this, the lots cannot be sold as fee simple townhomes, but rather, only as condominiums.
As a result, the property owner has requested the Tuscany Place plat be vacated and
annulled so the units can be sold as condominiums under the current condominium
declarations.
Resolution 2016 -19 allows the City Commission to consent to Seminole County proceeding
with the final vacation and annulment of the Tuscany Place plat pursuant to Section
177.101, Florida Statutes. Florida Statutes permit only the Seminole County Board of
County Commissioners to vacate and annul the plat as the plat is recorded in the public
records of Seminole County. Resolution 2016 -19 requires the property owner to give notice
of their intention to apply to the governing body of Seminole County to vacate and annul
Public Hearings 402 PAGE 2 OF 3 - July 25, 2016
the Tuscany Place plat by publishing a legal notice in the newspaper for two weeks.
Additionally, Resolution 2016 -19 requires the Community Development Department to
promptly transmit the Resolution to the County Commission and the Planning Director of
Seminole County evidencing the City Commission's consent, and authorization, for
Seminole County to pursue the final vacation and annulment of the Tuscany Place plat; if
said resolution is approved by the City Commission.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, 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:
The Community Development Department - Planning Division is requesting the City
Commission approve Resolution 2016 -19, which allows the City Commission to consent to
the Seminole County Board of County Commissioners vacation and annulment of the
Tuscany Place plat.
ATTACHMENTS:
A. Resolution 2016 -19
Public Hearings 402 PAGE 3 OF 3 - July 25, 2016
Attachment "A"
RESOLUTION NO. 2016 -19
A RESOLUTION OF THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA CONSENTING TO THE VACATION AND
ANNULMENT OF THE TUSCANY PLACE PLAT, RECORDED
IN OFFICIAL RECORDS OF SEMINOLE COUNTY, FLORIDA
AT PLAT BOOK 79, PAGES 58 -59; DIRECTING THE
COMMUNITY DEVELOPMENT DEPARTMENT TO PROVIDE
SEMINOLE COUNTY WITH NOTICE AND A COPY OF THIS
RESOLUTION CONSENTING TO SAID VACATION AND
ANNULMENT; DIRECTING THE COMMUNITY
DEVELOPMENT DEPARTMENT TO COORDINATE THE
FINAL VACATION AND ANNULMENT OF THIS PLAT WITH
THE PROPERTY OWNER AND SEMINOLE COUNTY
PURSUANT TO SECTION 177.101, FLORIDA STATUTES;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City is also granted express additional powers to regulate and control
the platting of lands pursuant to chapter 177, Florida Statutes, and has adopted detailed
provisions regarding the subdivision and platting of land pursuant to chapter 9, Article II of the
Code Code; and
WHEREAS, Tuscany Place is an existing phased condominium project located within
the jurisdictional limits of the City, specifically located within the Tuscawilla PUD at 600
Northern Way; and
WHEREAS, during the recent development of the final phase of the project, the owner
of the property (Intersugar Investments, Inc., a Florida Corporation) requested that the City
Commission approve a plat for the affected real property; and
WHEREAS, the owner's request to plat the real property was approved by the City
Commission on June 22, 2015, and a plat named Tuscany Place was recorded in the Official
Records of Seminole County at Plat Book 79, Pages 58 -59; and
WHEREAS, subsequent to the recordation of the Plat, the property owner advised the
City that their request to plat the real property inadvertently created a conflict in legal
descriptions and a title problem because the real property was subject to an existing recorded
declaration of condominium and that said declaration does not support the platting of the subject
City of Winter Springs
Resolution No. 2016 -19
Page 1 of 3
property; and
WHEREAS, due to the legal description conflict and title problem, the property owner
has advised the City that the Tuscany Place Plat is interfering with its ability to sell the new units
constructed or being constructed on the subject property and therefore, the property owner has
requested that the Tuscany Place Plat be vacated and annulled so the units on the subject
property can be sold as condominium units under the current condominium declarations; and
WHEREAS, under the City's general home rule authority and authority to plat lands and
control the development of land within the jurisdictional limits of the City of Winter Springs, the
City Commission desires to consent to Seminole County proceeding with the final vacation and
annulment of the Tuscany Place Plat pursuant to section 177.101, Florida Statutes; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Consent to Vacation and Annulment of Plat. The City Commission of the
City of Winter Springs hereby consents to, and hereby authorizes, the vacation and annulment of the
Tuscany Place Plat, which is recorded in the Official Records of Seminole County, Florida at Plat
Book 79, Pages 58 -59. A copy of said plat is attached hereto as EXHIBIT "A." The City
Commission does not object to the Seminole County Commission proceeding, at the property
owner's request, with the final vacation and annulment of the Tuscany Place Plat pursuant to section
177.101, Flori da Statutes, and recording an appropri ate legal instrument in the Official Records of
Seminole County, Florida declaring said plat vacated and annulled.
Section 3. Vacation and Annulment Subject to Law; Publication; Tax
Certification. Said vacation and annulment shall be subject to Section 177.101, Florida Statutes,
and the County's application procedures and will only take effect at such time said vacation and
annulment is approved by the County Commission. The property owner shall be required to give
notice of their intention to apply to the governing body of Seminole County to vacate and annul said
plat by publishing legal notice in a newspaper of general circulation in Seminole County, in not less
than two weekly issues of said paper, and must attach to the petition for vacation with the County
proof of such publication, together with a certificate showing that all state, county and municipal
taxes have been paid.
Section 4. Direction to Community Development Department. Following adoption
of this resolution by the City Commission, the Community Development Department shall
City of Winter Springs
Resolution No. 2016 -19
Page 2 of 3
promptly transmit this Resolution to the County Commission and Planning Director of Seminole
County, Florida evidencing the City Commission's consent, and authorization, for Seminole County
to pursue the final vacation and annulment of the Tuscany Place. Further, the Community
Development Department shall contact the Planning Director of Seminole County and coordinate,
to the extent necessary, the vacation and annulment of the Tuscany Place Plat at the request of the
property owner. Any application fee or costs associated with Seminole County taking action to
vacate and annul the subject plat shall be the sole responsibility of the property owner.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Commission, or parts of 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 resolution 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 resolution.
Section 7. Effective Date. This Resolution shall take effect immediately upon adoption
by the City Commission.
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the day of July, 2016.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2016 -19
Page 3 of 3
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