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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. 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