HomeMy WebLinkAbout2008 12 08 Regular 607 Greens At TuscawillaCOMMISSION AGENDA
ADD-ON
ITEM 607
December 8.2008
Consent
Informational
Public Hearing
Regular X
Meeting
1 A~ ~~
Mgr. 7"' "Att. / Dept.
REQUEST:
The City Manager and City Attorney present a request made by the developer of the Greens at
Tuscawilla (Tom Corkery) and the owners of the Tuscawilla Country Club property to reconsider
a condition imposed by the City Commission on the approval of the Preliminary and Final
Engineering/Site Plan for the tennis court relocation/addition.
PURPOSE:
To allow the Ciry Commission to evaluate the request to reconsider the imposed condition in the
context of the Third Amendment to Settlement Agreement, dated November 28, 2007, and to allow
the City Commission to take whatever appropriate action the City Commission deems necessary.
APPLICABLE LAW AND PUBLIC POLICY:
1. Municipal Home Rule Powers Act.
2. Winter Springs Land Development Code.
3. Third Amendment to Settlement Agreement, dated November 28, 2007.
CONSIDERATIONS:
1. Relevant to this matter, the City and the owners of the Tuscawilla Country Club ("TCC")
property (React Land, LLC. and Winter Springs Golf, LLC.) ("Owners") executed a Third
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Amendment to Settlement Agreement on November 28, 2007 ("Third Amendment"). The Third
Amendment modified the original Settlement Agreement which dates back to the previous owner
of the TCC property. In very general terms, the original Settlement Agreement defined two parcels
of land located on the Tuscawilla Country Club Property as Parcel 7 and Pazce18. Both Parcel ?and
Parcel 8 were granted certain conditional development rights to construct numerous detached single
family homes.
2. In 2007, the current Owners of the TCC property requested a modification of the Settlement
Agreement in order to accommodate a request to construct a cell tower on Parcel 8 and condominium
units on Parcel 7.
3. After lengthy negotiations and significant interest from the Tuscawilla community, the City and
Owner entered into the Third Amendment to Settlement Agreement and agreed to exchange mutually
beneficial consideration as follows:
A. Owners received the following:
(1 }. The right to construct a cell tower on Parcel 8.
(2). The right to buildup to 60 condominium units on Parcel ?instead of up to 19 detached
single family units.
(3). The right to transfer density rights from Parcel 8 to Parcel 7
(4). Small portions of the Golf Course Property along the 10'h fairway could be used for
development purposes in order to accommodate the condominium units.
(5). Under the Fourth Amendment to Settlement Agreement, the City authorized Owner to
excavate areas along the 4`h and 10`h fairways in order to obtain fill for the condominium
project provided said areas are excavated as bona fide water features for the golf course.
(6). In order to satisfy the City's recreational levels of service requirements under the
Comprehensive Plan, the City accepted Owner's commitment that all purchasers of the
condominium units would receive a minimum tennis membership at the TCC. The
membership would allow the purchasers to use the tennis courts, pool, gym, and golf course
under membership terms and conditions established by the TCC.
B. C~ received the following:
(1). A statutory conservation easement over Parcel 8 and two small adjoining wooded areas
located on TCC property.
(2}. A $25,000 contribution to the TLBD beautification fund, which is payable in two equal
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installments. The first installment would be paid when the City Commission approved the
Final Engineering plans for Parcel 7 (September 6, 2008). The second installment will be
due one year later. The first installment is past due and the City Attorney sent a past due
notice to the Owners on November 6, 2008.
(3). One additional battery of two (2) new tennis courts to be located on Parcel 7 near the
existing tennis courts.
7. The Settlement Agreement and all amendments to the Settlement Agreement remain a binding
obligation on the entire TCC property including Parcels 7 and 8. The Settlement Agreement runs
with the land regardless of who owns the land.
8. On November 24, 2008, the City Commission approved the Preliminary and Final
Engineering/SitePian ("Plans") request involving the tennis courts at the Tuscawilla Country Club.
9 . The Plans authorize the demolition of one battery of tennis courts (2) to accommodate the Greens
at Tuscawilla Condominium project and the construction of three new tennis courts in the existing
parking area of the Tuscawilla Country Club. The fourth tennis court required by the Third
Amendment to Settlement Agreement was not included in the Plan.
10. Because the fourth tennis court was not included in the Plan, the City Commission placed a
condition on the approval of the Plan. That condition provides that the fourth tennis court be
completed "before the first certificate of occupancy is given" for the condominium project to be
developed on Parcel 7.
11. Subsequent to the November 24, 2008 meeting, the Community Development Director received
an email from the Developer of the Condominium Project (Tom Corkery) on December 1, 2008
requesting that the certificate of occupancy condition placed on the fourth tennis court be placed on
the next City Commission agenda. In addition, the City Attorney has been in discussions with the
Owners who have also requested that the condition be reconsidered.
12. With respect to the tennis courts, Paragraph 3.0(2) of the Third Amendment to Settlement
Agreement provides:
The City acknowledges that the Condominium Conceptual Plan requires that one
battery of tennis courts (a/k/a two tennis courts) currently located on Parcel 7 be
relocated elsewhere on Parcel 7 at a location near the club's current tennis court
facility. However, in conjunction with this relocation, Owner agrees to construct
art additional battery of tennis courts on Parcel 7 at a location near tJte club's
current tennis cotcrt facility. At least one of the two new batteries of tennis courts
shall be constructed and made ready for play before the relocated tennis court is
discontinued for play and demolished.
(Emphasis added).
13. This paragraph requires that four (4) new termis courts be constructed. Two must be
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completed before the existing two are relocated and demolished. The additional two must
either be completed or at least under construction during the relocation of the existing two
tennis courts.
14. While it is unclear when the two existing tennis courts will be relocated because the
construction of the Condominium Project has not commenced, it appears that the Owner is
only prepared to construct three courts at this time pursuant to the Plans. It is unclear what
the Owners intends to do about the fourth tennis court which must be constructed "in
conjunction with" the relocation of the two existing tennis courts.
15. If the Owner does not intend to construct the fourth tennis court "in conjunction with"
the relocation of the existing two tennis courts, the Owner should advise the City
Commission of such so the parties can address this issue and the City Commission can
consider available options.
16. Because the fourth tennis court is inextricably tied to the development of the
Condominium Project, failure of the Owner to comply with the terms of paragraph 3.0(2)
could conceivably impact the permitting of the Condominium Project if the City Commission
determines that the terms of the Third Amendment to Settlement Agreement have been
breached and the City has not received the benefits required under the Third Amendment to
Settlement Agreement.
17. This agenda item was delayed while waiting for more information from the Owners.
However, one of the Owners was out of the country and the City Attorney did not hear back
by the end of the day on Friday as anticipated. More information may be received after this
agenda is delivered to the City Commission. This agenda item was sent to Mr. Corkery and
the Owners by email on Friday night.
18. Under these circumstances, the Developer and Owner have requested the City
Commission to reconsider the condition that the fourth tennis court be completed "before the
first certificate of occupancy is given" for the condominium project to be developed on
Parcel 7.
19. Additional direction from the City Commission on this matter may be required.
STAFF RECOMMENDATION:
The City Commission should consider the Owner's/Developer's request to reconsider the
condition on the approval of the Plans that the fourth tennis court be completed "before the
first certificate of occupancy is given" for the condominium project to be developed on
Parcel 7, and provide whatever direction the City Commission deems appropriate.
Page 4 of 5
ATTACHMENT:
1. Excepts of Minutes, November 24, 2008..
2. Developer's email to Community Development Director.
COMMISSION ACTION:
Previous relevant actions of the City Commission are stated under considerations.
Page 5 of 5
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING-NOVEMBER 24, 2008
PAGE 16 OF 22
Ms. Sahlstrom stated, "Now, in this discussion we've had tonight, it's become clear that
he can go forward with a Conservation Easement through St. Johns [River Water
Management District] and we don't have to be involved with that; so, I think that sounds
like the direction that he should go and then if he wishes to pursue the Vacating of any
right-of--ways, he would make Application for that and we would -consider it and bring
that back to you, at that time."
Mayor Bush noted, "I don't think that the Commission needs to take any action on this."
REGULAR
601. Community Development Department
Requests The City Commission Review The Tuscawilla Country Club Tennis
Courts Combined Preliminary And Final Engineering/Site Plan For Relocation Of
The Tennis Courts From The Recently Approved Tuscawilla Greens Condominium
Site To Another Area Within The Tuscawilla Golf And Country Club.
Mr. Stevenson addressed the City Commission on this Agenda Item.
Discussion.
Deputy Mayor Gilmore asked, "By doing this tonight, are we approving not only the
tennis court issue but the parking lot issue?" Mr. Stevenson explained, "You would be
approving moving forward with the demolition of this portion of the parking lot -and that
is part of the Final Engineering plans that you are approving tonight."
Further discussion continued.
Commissioner Rick Brown stated, "I would be comfortable with putting in a requirement
that all tennis courts have to be completed before we accept the construction of the
condominiums." Commissioner Brown added, "The tennis courts would have to be
completed."
Mr. Stevenson remarked, "All tennis courts, including the fourth one would have to be
completed prior to the Staff bringing back site acceptance on the Tuskawilla Greens
parcel." Commissioner Brown noted, "Correct."
Discussion.
Attorney Garganese said, "Under the Settlement Agreement, two (2) of the -new tennis
courts must be completed before the demo of the two (2) tennis courts closest to the
condominiums so I'rn fine with the condition that -all the tennis courts must be
completed prior to the C.O. (Certificate of Occupancy) but, some of the tennis courts
should be completed sooner." Commissioner Krebs noted, "Right."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING-NOVEMBER 24, 2008
PAGE 17 OF 22
Attomey Gazganese added, "In fact, since they are proposing these three (3), these three
(3) could be completed -before the demo of the two (2) tennis courts and then the one (1)
outstanding should be completed no later than the first C.O. (Certificate of Occupancy)."
Mayor Bush summarized, "The only change would be - is what Anthony (Gazganese)
said is that the fourth -court must be located and completed before the -first C.O.
(Certificate of Occupancy)..." Mr. Stevenson said, "...The first C.O. (Certificate of
Occupancy). That's correct."
Attorney Gazganese added "And the other three (3) will be completed before the demo of
the two (2)." Furthermore, Attorney Garganese explained, "If you approve this as
presented, I would include that."
"I WILL MAKE A MOTION THAT THE LANGUAGE ANTHONY
(GARGANESE} JUST USED FOR THE TENNIS COURTS - AS REQUIRED TO
BE BUILT BEFORE THE DEMOLITION OF THE REMAINING TENNIS
COURTS AND THAT ALL FOUR (4} TENNIS COURT BATTERIES BE
COMPLETED BEFORE THE FIRST C.O. (CERTIFICATE OF OCCUPANCY)
IS GIVEN:' MOTION BY COMMISSIONER BROWN. SECONDED BY
COMMISSIONER KREBS. DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMI5SIONER KREBS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR GILMORE: AYE
MOTION CARRIED.
"MOTION TO APPROVE FINAL ENGINEERING." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION TO APPROVE
FINAL ENGINEERING WITH THE ONE (1) EXCEPTION THAT WE JUST
MADE, OF COURSE -WITH CONDITIONS:'
VOTE:
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED.
Page 1 of 4
Anthony Garganese
From: Randy Stevenson (rstevenson@winterspringsfl.orgJ
Sent: Friday, December 05, 2008 2:06 PM
To: Anthony Garganese
Subject: FW: Tuscawilla Tennis Court Plans
FYI
Sincerely,
Randy Stevenson, ASLA, AICP
Community Development Director
City of Winter Springs
9126 East S.R. 434
Winter Springs, FL 32708
(407) 327-5970
From: tjcorkeryi@aol.com [mailto:tjcorkeryl@aol.comJ
Sent: Monday, December 01, 2008 11:47 AM
To: Randy Stevenson
Subject: Re: Tuscawilla Tennis Court Plans
Randy,
Please put me on the board on Dec. 8th for approval for the tennis courts at Tuscawilla Country Club,
aka Developers Agreement, The Greens at Tuscawilla.
Thant: you very much.
Thomas Corkery
President
Congressional Homes and Developers of Florida, Inc.
1491 East S.R. 434, Unit 103
Winter Springs, FL 32708
Phone: 407-971-8857
Fax: 407-971-1538
tjcorkeryl@aol.com
-----Original Message-----
From: Randy Stevenson <rtevenson@winterspringsfl.org>
To: TJCorkery 1 <tjcorkery 1 @aol.com>
Cc: Ron McLemore <rmclemore@winterspringsfl.org>; Anthony Garganese
<agarganese@orlando law.net>
Sent: Tue, 25 Nov 2008 5:17 pm
Subject: RE: Tuscawilla Tennis Court Plans
Tom,
Please send me a letter requesting that the condition of approval placed on the item last night be
12/5/2008
Page 2 of 4
reconsidered by the Commission. I will place you on the public hearing section of the December 8,
2008 City Commission agenda. Does the Country Club need to be a part of this discussion?
OA
Sincerely,
Randy Stevenson, ASLA, AICP
Community Development Director
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
(407) 327-5970
From: TJCorkeryl [mailto:fcl orkeryl~aol.com]
Sent: Tuesday, November 25, 2008 11:35 AM
To: Randy Stevenson
Cc: Ron McLemore; Brian Fields
Subject: Re: Tuscawilla Tennis Court Plans
Please put me on the next agenda. What date would that be?
Thomas Corkery
President
Congressional Homes and Developers of Florida, Inc.
1511 East S.R. 434, Suite 1025
Winter Springs, FL 32708
Phone: 407-971-8857
Fax:407-971-1538
ticorkenrl cr,aol.com
Notice of Confidentiality: This a-mail communication and the attachment(s) hereto, if any, aze intended solely for the information and use of the addressee(s)
identified above and ma}• contain information which is legally privileged from disclosure and/or otherwise confidential. [f a recipient of this a-mail communication is
not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other
dissemination or use of this a-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this a-mail
communication in error, please advise the sender of that circumstance either by reply a-mail or by telephone at (407) 971-88>7, immediately delete this a-mail
communication from any computer and destroy all physical copies of same.
In a message dated 11/25/08 11:32:17 Eastern Standard Time, rtevenson ci,wultersprinasfl.org writes:
Tom,
Staff s recommendation was for approval of the final engineering/site plan. The final
engineering/site plan was approved. As part of the discussions, the Commission recognized that
there was no time frame specified in the Third Amendment to the Settlement Agreement for the
completion of the 4th tennis court. The Commission's directive to staff was that no CO's were
to be issued until the 4th tennis court was completed. Please feel free to discuss this item with
the Commission.
Sincerely,
Randy Stevenson, ASLA, AICP
12/5/2008
Page 3 of 4
Community Development Director
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
(407) 327-5970
From: TJCorkeryl [mailtoaicorkeryl(a~aol.com]
Sent: Tuesday, November 25, 2008 10:46 AM
To: Randy Stevenson
Ce: anthony garganese; Pat Rinka; dave.schmittna_,dseorl.com; matt .nrdcgolf roup.com
Subject: Fwd: Tuscawilla Tennis Court Plans
Randy,
I just received this from my engineer. He has no authority to approve any conditions the city
council may want to put on my project. The only person who does is me and I don't approve.
Thomas Corkery
President
Congressional Homes and Developers of Florida, Inc.
1511 East S.R. 434, Suite 1025
Winter Springs, FL 32708
Phone: 407-971-8857
Fax: 407-971-1538
Notice. of Confidentiality: This a-mail communication and the attachment(s) hereto, if any, are intended solely for the information and
use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. [f a
recipient of this a-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any
review, disclosure, reproduction, re-transmission or other dissemination or use of this a-mail communication (or any information contained herein) is
strictly prohibited. If you are not an addressee and have received this a-mail communication in error, please advise the sender of that circumstance either by
reply e-mail orb}' telephone at (407) 971-887, immediately delete this a-mail communication from any computer and destroy all physical copies of same.
Confidentiality Note: This e-mail, and any attachment to it, contains information intended only
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you,
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12/5/2008