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HomeMy WebLinkAbout1999 09 13 Public Hearings Item A COMMISSION AGENDA ITEM A Consent Information Public Hearin2 X Regular MGR. fv-ID~ September 13 " 1999 Meeting REQUEST: The Community Development Department, Planning Division, requests the City Commission extend by mutual agreement with the Casscells Trust Property the expiration date of Section 7 (b) of the Casscells Interim Development Agreement from August 23, 1999 to October 22, 1999. PURPOSE: The purpose of this agenda item is for the City Commission to extend by sixty (60) days by mutual agreement with the Casscells Trust Property, the provision wherein the "property owner agreed to withhold making any application for development approval for the eighteen (18) months from the date of the execution of this agreement". APPLICABLE LAW: Florida Statutes 163.3220 (I) Sections 163.3220-163.3243 may be cited as the "Florida Local Government Development Agreement Act. " (2) The Legislature finds and declares that: (a) The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. CDD/September 7,199919:29 AM September 13, 1999 . Public Hearing Agenda Item A Page 2 (b) Assurance to a developer that upon receipt of his or her development permit he or she may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development. (3) In conformity with, in furtherance of, and to implement the Local Government Comprehensive Planning and Land Development Regulation Act and the Florida State Comprehensive Planning Act of 1972, it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. (4) The intent is effected by authorizing local governments to enter into development agreements with developers, subject to the procedures and requirements of 163-3220-163.3243 F.S. (5) Sections 163-3220-163.3243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing. Florida Statute 163.3225. Public Hearings (1) Before entering into, amending, or revoking a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, one of the public hearings may be held by the local planning agency. (2)(a) Notice of intent to consider a development agreement shall be advertised approximately 7 days before each public hearing in a newspaper of general circulation and readership in the county where the local government is located. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. COD/September 7,1999/9:29 AM September 13, 1999 Public Hearing Agenda Item A Page 3 (2)(b) The notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. CONSIDERA TIONS: 1. In 1997, City Staff and the Casscells Trust Property representative have held discussions on the specifics of the Interim Development Agreement. 2. The Interim Development Agreement outlines certain restrictions and specifications the City Staff believes will promote the proper development of the Casscells Trust Property. 3. Several workshops have been held to discuss the Greeneway Interchange Zoning District. It is anticipated that fmal action will be taken on this topic in August 23, 1999. 4. The first Public Hearing of the amended Interim Development Agreement was held August 16, 1999. 5. This item was deferred on August 23, 1999 until September 13,1999. FINDINGS: 1. The Casscell Property Trust submitted an Interim Development Agreement with signatures to the City at the end of November, 1997. RECOMMENDATION: The City Commission deferred this matter in anticipation ofa veto of the GreeneWay Interchange Zoning District Text and Map (Ordinance 725) approved on August 23, 1999. It appears that it is not necessary to extend the Casscells Interim Development Agreement and Staff recommends agenda item A be withdrawn. COD/September 7, 1999/9:29 AM September 13, 1999 Public Hearing Agenda Item A Page 4 ATTACHMENTS: A. Previous Interim Development Agreement signed by Cascells Property Trust and approved by the City. B. Revised Interim Development Agreement (changes highlighted) C. Letter to City Commission from the City Manager dated August 23, 1999. COMMISSION ACTION: COD/September 7, 1999/9:29 AM INTERIM DEVELOPMENT AGREEMENT THIS INTERIM DEVELOPMENT AGREEMENT made this _ day of 1997, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter frequently called" the City") and and Oleda D. Casscells, an individual; Margaret S. O. Cascells, an individual; Margaret S. O. Cascells, Trustee; R.E. Anne Casscells, an individual; Christopher D. Cassells, an individual; and S. Ward Casscells, an individual; (hereinafter frequently called"the Property Owner"), and is based on the following premises. WHEREAS, the City has regulatory power and responsibility involving comprehensive planning and land development regulations pursuant to state law; and, WHEREAS, the City has exercised legislative authority within the city limits of the City in adopting a comprehensive plan (hereinafter frequently called the Plan); and, WHEREAS, the City has been adopting land development regulations (hereinafter frequently called "LDRs") in the city, including the State Road (S.R.>) 434 corridor; and, LDRs WHEREAS, certain prepared by the City for the S.R. 434 corridor are pending adoption by the City; and, WHEREAS, certain of these LDRs would affect property owned by the Property Owner, which property is described as: see Exhibit A: Property Description, attached hereto (and by this reference incorporated herein) and hereinafter frequently called the "Property"; and, WHEREAS, the City and the Property Owner have discussed the matter of preparing a set of LDRs following a Plan amendment, affecting Property Owner's Property because of the proximity of the Property to the S.R. 434 and Greeneway Expressway interchange; and, WHEREAS, both the City and the Property Owner are interested in creating LDRs applicable to the Property; and WHEREAS, the City and the Propel1y Owner acknowledge that preparation, review by state regulatory onlcials, and adoplion of lhc ncccssary Plan amcndmcnts and LDRs could take up to eighleen (I ~q Illonlhs; and WIII':ltr.:^s. lhe Propcrly OWIICI walll~; lo avoid applicatioll of' {II(': cllrrclllly pCI,cli'lg I.Dlts Winter Springs/Casscells Interim Development Agreement Page 2 to it's Property, and Property Owner is interested in creation of the Plan amendment and LDRs recognizing the proximity of it's Property to the expressway interchange; and, WHEREAS, the City has requested that the Property Owner agree not to submit any application for development of any part or all of the Property for the estimated eighteen (18) month period while preparation, review, approval, and adoption of appropriate Plan amendments and LDRs are pending; and, WHEREAS, the City and the Property Owner enter into this agreement to express and address the respective intentions of the Parties regarding joint efforts to craft appropriateLDRs and articulate Property Owner's intention to not submit a development application for its Property for the eighteen (18) month periods it is estimated by the Parties to this Agreement as necessary to craft appropriate LDRs applicable to the Property; and WHEREAS, the Parties also desire to address the consequences of inability to enact LDRs within the eighteen (18) month period. NOW TIffiREFORE BE IT AGREED BY THE PARTIES as follows: 1. The Parties acknowledge that the foregoing PREMISES are true and correct. 2. The City has enacted Ordinance No. 670 entitled "New Development Area Zoning Overlay District". Ordinance no.670 included Property Owner's Property in said Zoning Overlay District. 3. Ordinance NO.670 would be implemented by detailed LDRs set forth in Ordinance No.675 which is currently pending adoption by the City Commission of the City. As part of a compromise with the Property Owner in moving toward fulfilling the objectives described in this Agreement, Property Owner's Property has been deleted from the provisions of Ordinance No.675. 4. The City and the Property Owner have considered the concept of creating an overlay district and implementing LDRs that allow for land uses and regulations that would apply to the Property and address its unique location and still achieve the City's articulated objectives of implementing the S.R. 434 Corridor Vision Plan. S. The City and the Property Owner recognize that development of the LDRs for the expressway interchange land uses could require an amendment to the City's adopted Plan. The City and the Property Owner acknowledge that this will add timc to the proccss of adopting and implementing the LDI\s, perhaps as loilg as eighteen (18)months. During thc timc that is required for adoption of any I'bll alllcllcllllcllt(S) anclthe appropliate LDI\s, City (ksircs li.olll I'ropcny OWller a COllllllitlllentthat Winter Springs/Casscells Interim Development Agreement Page 3 Property Owner will not submit a proposal for development of any part or portion of it's Property; or, if such a development proposal is submitted, what LDRs would apply to the Property. 6. While new LDRs for Property are being proposed and considered, Property owner is willing to hold development of it's Property in abeyance in accordance with the conditions set forth in this Agreement. 7. Therefore, the Parties to this Agreement agree: (a.) Property Owner will apply for a comprehensive Plan amendment for the Property. (b.) Property Owner agrees to withhold making any application for development approval for eighteen (18) months from the date of the execution of this Agreement. (c.) Both the City and the Property Owner will work diligently toward securing approval of the amendment to the City's Plan and creation of LDRs consistent with said Plan. (d.) Should Property Owner elect to file an application with the City for development of any part or all of the Property during the period of this Agreement, then Property Owner shall be required to give City thirty (30) days prior written notice at the address(es)shown under Paragraph 10 of this Agreement entitled "Notices". (e.) Should Property Owner elect to proceed according to Paragraph 7 (d), above, or ifnew LDRs consistent with any plan amendment applicable to the Property are not adopted as described herein, or if the Agreement is extended pursuant to Paragraph 7 (e) within the eighteen (18) month period then the Parties to this Agreement, and their successors, assigns, or heirs, agree: (i) the regulations applicable to the Property shall be those contained in Ordinance NO.670 adopted on July 28, 1997, and Ordinance 675, or such other regulations are ultimately adopted by the City. (ii) that in the event the Property Owner elects to proceed pursuant to Paragraph 7 (d.) and 7 (e.), then the Parties agree and acknowledge that the application of said LDRs set forth in Ordinances Nos.670 and 675 will be treated as if those regulations were first applied to Property Owner's Property on that date that the Property Owner first applies for development approval pursuant to Paragraph 7 (d.), for purposes of calculating any statute of limitations applicable if Property Owner elects to challengc the application of said regulations to its Property (f) Thc provisions or-this AgrcclIlcnt, including sub-Paragraph 7 (e.)(ii), shall expire thirty six llIonths al1cr its cxecution, unlcss cxtcndcd in writing by the Parties and approved by The City COllllllissiOll or lhe City. Winter Springs/Casscells interim Development Agreement Page 4 (g) The Parties acknowledge that the City will not adopt Ordinance No.690 at this time but rather will adopt appropriate regulation amending or eliminating requirements of Ordinance No.670 as part of the comprehensive application ofLDRs to Property Owner's Property, as described in this Agreement and required by applicable law. 8. This Agreement shall bind and inure to the benefit of the parties and their successors, assigns and heirs. 9. Agreement to be Recorded in Public Records. A copy of this Agreement certified by the City Clerk of the City of Winter Springs, Florida as being a true and correct copy of the Agreement approved by the City Commission of the City of Winter Springs, and maintained in the records of the said City Clerk, shall be recorded in the Public Records of Seminole County, Florida. lo. Notices. All notices, request, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt request to: If to City, to: City Manager, City Hall, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708. With a copy to: City Clerk, City Hall, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708. If to Property Owner to: Margaret S.O. Casscells, 907 Old England Avenue, Winter Park, Florida 32789. With a copy to: Dennis F. Wells, Esquire: 550 North Bumby, Suite 280, Orlando, Florida 32803. 11. Venue. This Agreement shall be construed in accordance with the laws of the State of Florida, with the venue in Seminole County. 12. Severability. If any provision or portion of the Agreement is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provision and portions of this Agreement shall remain in full force and effect. 13. Entire Agreemenl. This Agreement supersedes any and all agreements, either oral or written, bet ween the parties hereto and contains all of the covenants and agreements bet ween the parties with respect to the Property. I tJ. AllIcn(\mClll. Any modification, amendmcnt or changc or this ^greclllcllt will be erTectivc Oldy irit is in a writing si!~llcd by both parties Winter Springs/Casscells Interim Development Agreement Page 5 14. Amendment. Any modification, amendment or change of this Agreement will be effective only if it is in a writing signed by both parties CUTED AND AGREED TO BY THE PARTIES on the date first written above. CITY: PAUL P. PARTYKA, MA ~~wA WITNES.. . Print Name ~ #ehl1:~ .~J~ ITNESS: Print Name NI ~//~ 6L4,k'& STATE OF FLORlDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this Il:,+ day of i:2----5.'l- 1999, by Paul P. Partyka, the~City of Winter Springs, on behalf of the municipal corporation. He is pers0n~r has produced as identification. . . , .. ;. 4---. (. ._;.; l' .. \ r. I I \ . ~ ~~ OTARY PUBLIC ~;, OF F'LqRIDA . ..... ,,: '. /. ;\~ ..;.~ . \. ,: Print My commiss ANDREA'LORENZQ.LUACES ~l( COMMiSSiPttN CO'.~31f~al -e<ptR~~ ,~NtY Fq, Nottvy ll..-.Ioo" ~ {;S, l',ov-2S-97 03:27P l"'1al-S/2lI-eL. CaSSC<211s '1 07 G 2 (3 - 0 9 S 9 P.07 Winter SpringslCasscells [nterim Development Agreement Page 6 PROPERTY OWNER (() (J" ~~ (() (Jr--r ~-7 "I O~ OLEDA D. CASSCELLS an individual (?~6>~'~~, WITNESS: ~1!~SSfilb WITNESS: ':) I U . Print name --r ~ e /r:;- / J-S<>,,0 STATEOFFL~A 0 COUNTY OF ~ \;'_)~. The foregoing instrument was acknowledged before me this~ay of November 1997. by Oleda D. ~scells. ~ individual. She!s r:rson~lly known to me, or has produced ~t..~~~ ,~~.) \\. i.{'~'\'2i-S: as ldentlficatJ.on. 4~ 0~fl-o'~ T ARY PUBLIC, STATE OF FL A Print My commission expires OFFlCIALNOfARYSEAL BARBARA C MOURGUlART NarARY PUBUC Sf ATE OF R...ORIDA COMMISSION NO. CC541616 MY COMMISSION EXP. MAR. 20.2000 Winter Springs/Casscells Interim Development Agreement Page 7 PROPERTY OWNER ~~~~iJ~ an individual ~/~~ TNESS: Print name JeC{/f(J<fI.e. M/"/'/SCJ/Y Q~f~-~~------- a:~ name~f1r',+ Y. LanD) L< d STATE OF FLORIDA COUNTY OF O~A-NGe: The foregoing instrument was acknowledged before me this~.s-Jt-- day of November 1997, by Margaret $.0. Casscells, an individual. She is personally known to me. or has produced r:R::R ~:. =.:..s 17 -1dJ. -7.P - D as identificatiOn?",-, . ~~~t6~ Trustee ~ ,_=~~/ITNESS' . Print nam06/1'1e:4(e. .>40-/'/"t'.5o,u STATE OF FLORIDA COUNTY OF OK f17J be ~~~~d~__- Print name dtld Y. ~(I-hj~d --/-1-' The foregoing instrument was acknowledged before me this ~ day ofNovcrnber 1997, by Margaret S.O. Casscclls, Trustee. She is personally known to me, or has produced f::L f)n"./. w-e- C-:}Ll;). - 5?7-C;/'L 7~,J,- 0 as identification. NOTt\!~Y punuc, ST^}E O~ FLORIDA Print <.")()..-H,.L '.:l ~-~I.d:-'-<'-- My c~}~~ssioll r9ircs ==________ ., c . . ~~~ - _... __ - _0' . ___ P/iU Y. I.NIfIGU^ I 1.\ ( r:(H.HAI~~~I{HI / cc ~]/,,G.J . i I;'II'I~;: IlIlVIlIllI,.,1 :'lj. l'rY) II.....:,..: ;!"'.J rL,:.t}", 1'1I:,1..-; 1J"..~'r...l1:..I.. ! .1 -JQ "'. - 2~) - 9 / 07 57P Margare~ Casscells 407628-0989 r::> _ 08 Winter SpringsfCasscells Interim Development Agreement Page 8 PROPERTY OWNER t2 f'4M tkS4(J R.E. ANNE CASSCELLS an individual ~~ WITNESS: (Single Form) Effective 1/1/91 ~~ATE OF CALIFORNIA fOUNTY OF ~ (rh.A--~ On rJo v.. ,;l.-5) L~7 personally appeared {<, G:., D.-~ } 55. November 1997, )f has produced before me, the undersigned, a Notary Public in and for said State, C 11 55<=. ells personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature{s) on the instrument the person(s). or the entity upon behalf of which the person{s) acted, executed the instrument. ~ OF FLORIDA WITNESS m~ h'od ,od offici'" ...1. ~ I S;,o,,",.-[ffi.-<v' ~k I Name t=--\ \ ,uN> ;) rnL4 (typed or printed) ElLEN SMITH s: Comm. '1045036 Q NOr^RV PUOUC - CAlIFORNIAn SNl L\A rEO COtJtlTY Comm. E.rpit"" o.c. 2. tInS ... FTC.)l91 (Thi.s atca (or offici.tl nOlui.aJ s.cal) Nov-25-97 03:1GP Margarot Ca~$Colls 407G2G-09n9 p - 10 Winter SpriQg~Casscclls [ntericn Development Agreement Page 9 ~ C TOPHER D. CASSCELLS an individual NOTARY PUBLIC GLORIA A. PITTMAN STATE OF DELAWARE Print namaA)'",e,.. Cl My commission expires 1-23-98 ~c::?~ WITNEsS: L/~~/'. " .d ,7 /~:.:. WITNESS: Print name -------------------..-- . ~ STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of November 1997, by Christopher D. Casscells, an individual. She is personally known to me, or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Print My commission expires '~.OV-.;<:'>b~/ L/....l: "-:::t.~l- 1...t<.lt-g211-e-C <"":cl.SSC42 I I~-: ClU /0i::t:!--0989 P, 10 Winlcr Springs/Casscells lnlcrim Development Agrccment Page 10 PROPERTY OWNER s, WARD CASSCELLS an individual ~ .tJ-<.~ SS: p~ name J e C[ 11 flJ. .e l)/!t1 I} {/ r 0 w[~i-:r-~~------- Print name' 't~ yr'/ n ,Il.1edp j' (05 1UA-J STATE OF FLOIUDt\ COUNTY OF ~f !t(Z.rLl S The foregoing instrument was acknowledged before me this 2.5~ay of November 1997, by S. Ward Casscells, an individual. $lIe is personally known to me, or has produced as identification. ~Uv~ :."'f:.?!:"ti:.;;j;..... ..*--- -.- -..- . - -. .- .. -- ~~:i.~?t:~~~~~~: KIM LEATHERWOOD MY COMMISSION EXPIRES Auoust 'n, 1m &JLaJ)- NOTARY PUBLIC, STATE OF-FLORlDA: Print iZi.'Y\ { . ~ - cl My commission expires q q E:-:hibit ^ LOT 2 EAST OF WEST LINE or SECTION 5, TOWNSHIP 21 SOUTH, RANGE Jl EAST, EXTENDED NORTHERLY TO SECTION Jl, TOWNSHIP 20 SOUTH, RANGE J1 EAST. WEST I/J OF 1 OF 5, PHILIP R. YONGE GRANT, PLAT BOOK I, PAGES J5 TO J8, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LAST 1/) OF WEST 2/3 OF LOT 5, PHUILIP R. YONGE GRANT, PLAT BOOK I, PAGES 35 TO )8, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. EAST 1/3 OF LOT 5, PHILIP R. YONGE GRANT, PLAT BOOK 1, PAGES 35 TO )8, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. NORTH 3) 4 OF LOT 14 LESS WEST~1,OOO FEET OF PHILIP R. YONGE GRANT, PLAT BOOK I, PAGE J5 TO J8, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST, AND ALL OF ,LOT 21, NORTH OF STATE ROAD 419, LESS THE WEST 1,000 FEET OF SAID PHILIP R. YONGE GRANT. LOTS 13, 15,20, AND LOT 19 NORTH OF OVIEDO STATE ROAD NO, 419, AND OF PHILIP R. YONGE GRANT ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK I, PAGE 38 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ALL IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LOTS 10 AND 9 OF THE PHILIP R. YONGE GRANT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 35, OF THEPUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LOTS 11 AND 17 OF THE PHILIP R. YONGE GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE35, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LOT 12, PHILIP R. YONGE GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 36, OF THE PUBLIC RECORDS Of SEMINOLE COUNTY, FLORIDA, LESS ROAD RIGHT-OF-WAY ON WEST. LOT 16, LESS ROAD IUGIIT-OF-WAY, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST, PHILIP R. YONGE GRANT, ACCORDING TO THE PLAT TIIERCOF AS RECORDED IN PLAT 1300K 1, PAGE )6, PUULIC I<.Ecorms or SEMINOLE COUNTY, FLORIDA. LOT 10 AND THAT PAWl' 0 F l.OT 1. CJ L Y [NG NORTH OF ~';ANFORD-ovrEDO PAVEl) IWAD, SU:TfON S, TOWNSHIP 21, HANCE 31 EAST OF Till-: l'ltll.ll' H, YONel.: GI~ANT AS IU-:COHDCD [N Pl.AT 110<)1\ I, I'ACE:; 'l'j TO J!J OF TilE 1'(III[,1:C IU':COlm~; 01: :;1-:11 1 1,J(l!./: Ul\II.1'!"Y. "I.OH[DA. INTERIM DEVELOPMENT AGREEMENT TillS INTERIM DEVELOPMENT AGREEMENT made this _day of , 1997, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herinafter frequently called "the City") and Oleda D. Casscells, an individual; Margaret S.O. Cascells, an individual; Margaret S.O. Cascells, Trustee; RE. Anne Casscells, an individual; Christopher D. Casscells, an individual; and S. Ward Casscells, an individual; (hereinafter frequently called "the Property Owner"), and is based on the following premises. WHEREAS, the City has regulatory power and responsibility involving comprehensive planning and land development regulations pursuant to state law; and, WHEREAS, the City has exercised legislative authority within the city limits of the City in adopting a comprehensive plan (hereinafter frequently called "the Plan"); and, WHEREAS, the City has been adopting land development regulations (hereinafter frequently called "LDRs") in the city, including the State Road (S.R) 434 corridor; and, LDR's WHEREAS, certain prepared by the City for the S.R 434 corridor are pending adoption by the City; and, WHEREAS, certain of these LDRs would affect property owned by the Property Owner, which property is described as: see Exhibit A: Property Description, attached hereto (and by this reference incorporated herein) and hereinafter frequently called the "Property"; and, WHEREAS, the City and the Property Owner have discussed the matter of preparing a set of LDRs following a Plan amendment, affecting Property Owner's Property because of the proximity of the Property to the S.R 434 and Greeneway Expressway interchange; and, WHEREAS, both the City and the Property Owner are interested in creating LDRs applicable to the Property; and, WHEREAS, the City and the Property Owner acknowledge that preparation, review by state re~latory officials, and adoption of the necessary Plan amendments and LDRs could take up to ~1m;a.~~;1i:~IM~; and, WHEREAS, the Property Owner wants to avoid application of the currently pending LDRs to its Property, and Property Owner is interested in creation of the Plan amendment and LDRs recognizing the proximity of its Property to the expressway interchange; and, Winter Springs/Casscells Interim Development Agreement Page 2 WHEREAS, the City has requested that the Property Owner agree not !~.~!?!!1it any application for development of any part or all of the Property for the estimated ~~%t!llr4il period while preparation, review, approval, and adoption of appropriate Plan amendments and LDRs are pending; and, WHEREAS, the City and the Property Owner enter into this agreement to express and address the respective intentions of the Parties regarding joint efforts to craft appropriate LDRs and articulate Proper:t)' Owner's intention to not submit a development application for its N. . .../.......{f..-:-:-..;.'~..,~:..~....~-.:.....-...;.........~:c:::<'...... Property for the $.t.~lt.l5qJl~@Btf period it is estimated by the Parties to this Agreement as ......r.~~L.X.........3jJk..m....~: necessary to craft appropriate LDRs applicable to the Property; and, WHEREA~,. !~~ ~,~!!,~~.~u~)~_2.,. desire to address the consequences of inability to enact LDRs within the mI:iR~~21~lr~!!~. NOW THEREFORE BE IT AGREED BY THE PARTIES as follows: I. The Parties acknowledge that the foregoing PREMISES are true and correct. 2. The City has enacted Ordinance No. 670 entitled "New Development Area Zoning Overlay District". Ordinance No. 670 included Property Owner's Property in said Zoning Overlay District. 3. Ordinance No. 6701'1 been implemented by detailed LDRs set forth in Ordinance No. 675. As part of a compromise with the Property Owner in moving toward fulfilling the objectives described in this Agreement, Property Owner's Property has been deleted from the provisions of Ordinance No. 675. 4. The City and the Property Owner have considered the concept of creating an overlay district and implementing LDRs that allow for land uses and regulations that would apply to the Property and address its unique location and still achieve the City's articulated objectives of implementing the S.R. 434 Corridor Vision Plan. 5. The City and the Property Owner recognize that development of the LDRs for the expressway interchange land uses could require an amendment to the City's adopted Plan. The City and the Property Owner acknowledge that this will add time to the process of adopting and implementing the LDRs, perhaps as long as ~!X~Mit'e~q~;t~M~. During the time that is required for adoption of any Plan amendment(s) and the appropriate LDRs, City desires from Property Owner a commitment that Property Owner will not submit a proposal for development of any part or portion of its Property; or, if such a development proposal is submitted, what LDRs would apply to the Property. Winter Springs/Casscells Interim Development Agreement Page 3 6. While new LDRs for Property are being proposed and considered, Property Owner is willing to hold development of its Property in abeyance in accordance with the conditions set forth in this Agreement. 7. Therefore, the Parties to the Agreement agree: (a) Property Owner will apply for a Comprehensive Plan amendment for the Property. (b) Property Owner agrees to withhold making any application for development approval for Mt.ll~wl~fI from the date of the execution of this Agreement. (c) Both the City and the Property Owner will work diligently toward securing approval of the amendment to the City's Plan and creation ofLDRs consistent with said Plan. (d) Should Property Owner elect to file an application with the City for development of any part or all of the Property during the period of this Agreement, then Property Owner shall be required to give City thirty (30) days prior written notice at the addressees) shown under Paragraph 10 of this Agreement entitled "Notices". (e) Should Property Owner elect to proceed according to Paragraph 7( d) above, or if new LDRs consistent with any plan amendment applicable to the Property are not ad<>'l?,t~C?d_~ described herein, or if the Agreement is extended pursuant to Paragraph 7(e) within the l.l~~ day period then the Parties to this Agreement, and their successors, assigns, or heirs, agree: (i) the regulations applicable to the Property shall be those contained in Ordinance No. 670 adopted on July 28, 1997, and Ordinance No. 675 ~rll~.l1t~.tl!If{~ [[211 or such other regulations are ultimately adopted by the City. m.,.~. y~. ~.,.~, 'N.",^~. ^'.,. (ii) that in the event the Property Owner elects to proceed pursuant to Paragraph 7( d) and 7( e), then the Parties agree and acknowledge that the application of said LDRs set forth in Ordinances Nos. 670 and 675 will be treated as if those regulations were first applied to Property Owner's Property on that date that the Property Owner first applies for development approval pursuant to Paragraph 7( d), for purposes of calculating any statute of limitations applicable if Property Owner elects to challenge the application of said regulations to its Property. (f) The provisions of this Agreement, including sub-Paragraph 7(e)(ii), shall expire thirty six (36) months after its execution, unless extended in writing by the Parties and approved by the City Commission of the City. Winter Springs/Casscells Interim Development Agreement Page 4 (g) The Parties acknowledge that the City will not adopt Ordinance No. 690 at this time but rather will adopt appropriate regulation amending or eliminating requirements of Ordinance No. 670 as part of the comprehensive application of LDRs to Property Owner's Property, as described in this Agreement and required by applicable law. 8. This Agreement shall bind and insure to the benefit of the Parties and this successors, assigns, and heirs. 9. Agreement to be recorded in Public Records. A copy of this Agreement certified by the City Clerk of the City of Winter Springs, Florida as being a true and correct copy of the Agreement approved by the City Commission of the City of Winter Springs, and maintained in the records of the said City Clerk, shall be recorded in the Public Records of Seminole County, Florida. 10. Notices. All notices, request, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt request to: If to City, to: City Manager, City Hall, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708 With a copy to: City Clerk, City Hall, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708 If to Property Owner, to: Margaret S.O. Casscells, 907 Old England Avenue, Winter Park, Florida 32789 With a copy to: Dennis F. Wells, Esquire, 550 North Bumby, Suite 280, Orlando, Florida 32803 II. Venue. This Agreement shall be construed in accordance with the laws of the State of Florida, with the venue in Seminole COlIDty. 12. Severability. If any provision or portion of the Agreement is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Agreement shall remain in full force and effect. 13. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the Parties hereto and contains all of the covenants and agreements between the parties with respect to the Property. Winter Springs/Casscells Interim Development Agreement Page 5 14. Amendment. Any modification, amendment or change of this Agreement will be effective only if it is in a writing signed by both parties. EXECUTED AND AGREED TO BY THE PARTIES on the date first written above. CITY: PAUL P. PARTYKA, MAYOR WITNESS: Print Name WITNESS: Print Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this _ day of 1999, by Paul P. Partyka, the Mayor of the City of Winter Springs, on behalf of the municipal corporation. He is personally known to me, or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Print My commission expires Winter Springs/Casscells Interim Development Agreement Page 6 PROPERTY OWNER OLEDAD D. CASSCELLS an individual WITNESS: Print Name WITNESS: Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 1999, by Oleda D. Casscells, an individual. She is personally known to me, or has produced as identification. NOT AR Y PUBLIC, ST ATE OF FLORIDA Print My commission expires Winter Springs/Casscells Interim Development Agreement Page 7 PROPERTY OWNER MARGARET s.o. CASSCELLS an individual WITNESS: Print Name WITNESS; Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1999, by Margaret S.O. Casscells, an individual. She is personally known to me, or has produced as identification NOTARY PUBLIC, STATE OF FLORIDA Print My commission expires Winter Springs/Casscells Interim Development Agreement Page 8 PROPERTY OWNER MARGARET S.O. CASSCELLS Trustee WITNESS: Print Name Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledge before me this _ day of 1999, by Margaret 8.0. Casscells, Trustee. She is personally known to me, or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Print My commission expires Winter Springs/Casscells Interim Development Agreement Page 9 PROPERTY OWNER R.E. ANNE CASSCELLS an individual WITNESS: Print Name WITNESS: Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1999, by R.E. Anne Casscells, an individual. She is personally known to me, or has produced as identification. NOTARY PUBLIC STATE OF Print My commission expires Winter Springs/Casscells Interim Development Agreement Page 10 PROPERTY OWNER CHRISTOPHER D. CASSCELLS an individual WITNESS: Print Name WITNESS: Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1999, by Christopher D. Casscells, an individual. He is personally known to me, or has produced as identification. NOTARY PUBLIC STATE OF Print My commission expires Winter Springs/Casscells Interim Development Agreement Page 11 PROPERTY OWNER S. WARD CASSCELLS an individual WITNESS: Print Name WITNESS: Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1999, by S. Ward Casscells, an individual. He is personally known to me or has produced as identification. NOTARY PUBLIC STATE OF Print My commission expires MEMORANDUM To: Mayor and Commission From: Ronald W. McLemore Date: August 23, 1999 Re: Greeneway Interchange Missey Casscells is opposed to removing the wetlands from the Greeneway Interchange District. She feels that such action violates the Casscells Interim Development Agreement, which applies, to the entire property and she is concerned that there has been no discussion of this proposal with the property owners. The Comprehensive Plan generally precludes development in wetland areas. Prior to development, a field survey must be ordered to delineate the boundaries of the wetlands. Once formally delineated, a conservation overlay district in the Comprehensive Plan will identify and protect the wetland areas. After reviewing Ms. Casscells position I think it would be prudent for the Commission to consider the option of applying the Interchange District to the entire property including the wetland areas as shown on Exhibit "A" in Ordinance # 725. Ijp C:\WINDOWS\TEMP\Wetlands Areas.doc