HomeMy WebLinkAbout2008 11 05 Regular 600 Tuscawilla Country Club Preliminary and Final Engineering/Site Plana L
P&Z AGENDA
ITEM 600
November 5, 2008
Meeting
Consent
Information
Public Hearin
Re ular X
MGR. /Dept.
REQUEST: The Community Development Department requests the Planning and Zoning
Board 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.
PURPOSE: The purpose of this Agenda Item is for the Planning and Zoning Board to
consider, and recommend the Commission approve, approve with conditions and/or
modifications, or disapprove the combined preliminary and final engineering/site plan for
replacing two (2) of the existing tennis courts with three (3) new clay courts in what is now the
eastern portion of the Country Club parking lot. The Third Amendment to Settlement Agreement
requires four (4) new tennis courts to replace the two (2) courts that will be removed for the
Tuscawilla Greens Condominium development. At least two (2) new courts must be constructed
and made ready for play before the relocated tennis courts are discontinued for play and
demolished.
LAND USE AND ZONING DESIGNATION:
Future Land Use Desi ation: Recreation & Open Space
Zoning: `PUD' (Planned Unit Development)
APPLICABLE REGULATIONS:
Chapter 163, FS
Chapter 166, FS
Comprehensive Plan
Chapter 5, City Code.
Chapter 9, City Code.
Chapter 20, City Code.
Settlement Agreement, as amended
CHRONOLOGY:
Final Order approving Settlement Agreement and amended Settlement Agreement No. 1, recorded
April 14, 1994 in Official Record Book 3102, Page 1354, Public Records of Seminole County,
Florida.
November 5, 2008
Regular Item 600
Page 2 of 3
Second Amendment to Settlement Agreement recorded October 22, 1996 in Official Record Book
3156, Page 0454, Public Records of Seminole County, Florida.
Conceptual approval for 60 residential condominium units (15 buildings), with the 4 garages in each
building opening onto an internal courtyard, and on-street parking was approved by the City
Commission on September 10, 2007, subject to conditions.
Third Amendment to Settlement Agreement approved by the City Commission October 2, 2007 and
recorded December 5, 2007 in Official Record Book 06881, pages 235-270, Public Records of
Seminole County. [This amendment allows the development of the "development area" of parcel 7
into a maximum of 60 condominium units.]
Plans for modification of the tennis courts were received on August 1, 2008 and reviewed at the
August 19, 2008 staff review; a subsequent submittal was reviewed at the October 21, 2008
staff review.
Site plan and development agreement for 60 unit residential condominium was approved by City
Commission on September 8, 2008.
CONSIDERATIONS:
Overview:
As a condition of the settlement agreement and its modifications, a maximum of 60 residential
condominium units are allowed to be constructed a portion of parcel 7, partially in an area
occupied by an existing maintenance building and two (2) tennis courts. The two (2) existing
tennis courts are to be replaced with four, (4) tennis .courts (at least 2 courts are to be constructed
and operational before the existing 2 are demolished). Three (3) courts are proposed in this site
plan. No timetable has been established for the provision of the fourth tennis court.
Site Characteristics:
The tennis court relocation site is comprised largely of the existing country club parking lot
New parking spaces are being constructed on the west (opposite) end of the parking lot.
A tree survey is included in the plan package. The applicant's plan depicts the removal of
approximately 11 on-site trees, at least 2 of 24" or more in diameter (specimen trees).
Stormwater•
Stormwater runoff from the country club parking and existing tennis courts is currently not
treated by a stonnwater management system, but the parking lot and tennis courts' runoff will be
intercepted and treated by the Tuscawilla Greens stormwater management system. A SJRWMD
permit must be obtained for the project.
FINDINGS:
1. The proposed development is within the Tuscawilla Planned Unit Development (PUD)
and is depicted on the zoning map as PUD.
2. The site has a Recreation and Open Space Future Land Use designation.
2
November 5, 2008
Regular Item 600
Page 3 of 3
3. The existing third amended settlement agreement requires that one battery (2 tennis
courts) of tennis courts be relocated off-site and that one additional battery (relocation of
2 tennis courts + 2 additional tennis courts = a total of 4 tennis courts) be constructed by
the applicant. At least one battery of tennis courts (of the 2 new batteries) must be
constructed and made ready for play before the relocated tennis court is discontinued for
play and demolished. No timetable has been established for provision of the other tennis
court.
4. Off-site glare is prohibited by Code. No site lighting plan has been provided
demonstrating no off-site spillage. If off-site glare occurs, the lights must be adjusted to
eliminate the glare.
RECOMMENDATION:
Staff recommends a recommendation of approval for the Tuscawilla Country Club Tennis Courts
combined preliminary and final engineering/siteplan.
ATTACHMENTS:
A -Location Map
B -3~d Amended Settlement Agreement
C -Combined Preliminary & Final Engineering /Site Plan
P&Z ACTION:
3
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ATTACHMENT B
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
255 E. Robinson St., Suite 660
~j Orlando, FL 32802
1 ~ (407) 425-9566
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CLERK'S #t 8007168538
REtX1KDED 12/05/2007 12:04:53 RA9
RHCURDINti F2Efi 307.50
R2t;IlKUwD NY L McKinley
FOR RECORDING DEPARTM1IENT IiSE ONL1`
THIRD AMENDMENT TO SETTLEMENT AGREEMENT
THIS THIRD AMENDMENT TO SETTLEMENT AGREEMENT is made and
executed this Z~ day of d~Uusr.~-~~.- 2007, by and between the CITY OF
WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is l 126 East
S.R. 434, Winter Springs, Florida 32708, and REACT LAND, LLC, a Florida limited liability
company and WINTER SPRINGS GOLF, LLC, a Florida limited liability company
("Owner"), whose address is 375 Forsgate Drive. Monroe Township, New Jersey 08831.
WITNESSETH:
WHEREAS, this Third Amendment to Settlement Agreement is an amendment to that
certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at
Book 3102, Page 1354 ("Original Settlement Agreement"), as amended by that certain Second
Amendment to Settlement Agreement, which is recorded at Book 3146, Page 0454. All of said
agreements are or will be recorded in the Public Records of Seminole County, Florida.
(sometimes collectively referred to herein as "Settletent Agreement''); and
WHEREAS, this Settlement Agreement is related to certain real property located in
Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club
("Club Property"); and _.
WHEREAS, as the current fee simple owner of the Club Property, Owner is the
successor in interest of that certain Settlement Agreement, and
WHEREAS, this Third Amendment to Settlement Agreement affects a portion of the
Club Property, primarily Parcel 7 and Parcel 8 and several small areas of Club Property, which
are legally described on Exhibits attached hereto; and
WHEREAS, the Settlement Agreement generally defines two categories of property,
"Development Property" and "Golf Property," for purposes of specifically listing the uses that
are permitted on all the property referenced in the Settlement Agreement, including Parcel 7 and
Pazcel 8; and
Third Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 1 of 8
WHEREAS, in accordance with paragraph 5(b) of the original Settlement Agreement,
the use of the Golf Property is limited to the operation of a country club, golf course, tennis club,
club house/restaurant, golf and tennis teaching and training facility/school/academy (with no on-
site residences), storm water drainage retention and detention for the Development Property,
effluent disposal and related uses; and
WHEREAS, in accordance with paragraph 3 of the original Settlement Agreement, the
Development Property shall be developed with single-family, detached residences; and
WHEREAS, Parcel 7 and Parcel 8 are designated Development Property under the
original Settlement Agreement; and
WHEREAS, the Owner and the City desire to amend the original Settlement Agreement,
as amended by the Second Amendment to Settlement Agreement, to provide for the transfer and
modification of certain development rights set forth in therein related to Parcel 7 and Parcel 8;
and
WHEREAS, in general, the transfer and modification of development entitlements
include the placement of certain lands (including Parcel 8 and two other small wooded areas
adjacent to Parcel 8) into a perpetual conservation easement, the re-designation of certain areas
of Parcel 7 as Golf Property, the re-designation of a small portion of Golf Property as
Development Property to accommodate the condominium project proposed for Parcel 7, and
allowing a condominium project (rather than single-family, detached residences) on Parcel 7
under the terms and conditions set forth herein; and
WHEREAS, the Owner and the City also desire to amend the original Settlement
Agreement, as amended, for purposes of allowing a 150 foot unipole telecommunications tower
(and related ground equipment and related underground electric and telephone lines) on a small
portion (approximately 50' x 50' or an equivalent area) of Parcel 8 in accordance with that
certain Development Order approved by the City Commission on September 10, 2007; and
WHEREAS, the City and Owner have determined that it is in their mutual interest to
modify the original Settlement Agreement, as amended by the Second Amendment to Settlement
Agreement, for purposes of enhancing and preserving the Tuscawilla Golf and Country Club and
the Tuscawilla community.
NOW THEREFORE, in consideration of the recitals and other good and valuable
consideration, the Owner and the City agree to modify the original Settlement Agreement, as
amended by the Second Amendment to Settlement Agreement; as follows:
1.0 Acknowledgement. The Owner and City acknowledge and agree that the
original Settlement Agreement, as amended by Second Amendment to Settlement Agreement, is
valid and binding upon the parties, except as modified herein. The parties agree that they have
been fully informed of all matters relating to the Settlement Agreement, as amended by the Third
Amendment to Settlement Agreement, and intend to be bound by this Third Amendment to
Settlement Agreement.
Third Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Pale 2 of 8
2.0 Recitals: Effective Date. The foregoing recitals are true and correct and are
hereby incorporated herein by this reference. The Effective Date of this Third Amendment to
Settlement Agreement shall be the date that it is fully executed and recorded in the Public
Records of Seminole County, Florida ("Effective Date").
3.0 Parcel 7. Subject to the issuance of additional permits in accordance with
Paragraph 8.0, the future development of Parcel 7 shall be as follows:
(a) In lieu of single-family, detached residences, Owner shall be permitted to
construct up to sixty (60) residential condominium units on a portion of Parcel 7 identified as
"Development Area" on EXHIBIT "A." The Development Area shall consist of parcels ``B,"
"D," and "F" which are legally described in COMPOSITE EXHIBIT "B," and shall hereinafter
be referred to as "Condominium Property." Said Exhibits are attached hereto and fully
incorporated herein by this reference. The residential condominium units shall be constructed on
the Condominium Property in substantial conformance with the conceptual plans and elevations
approved by the City Commission on September 10, 2007 (Regulaz Agenda .Item 601)
("Condominium Conceptual Plan"). The Condominium Conceptual Plan is hereby fully
incorporated herein by this reference, and shall be kept on file at the Winter Springs' City Hall.
Owner agrees to diligently pursue the permitting of the sixty residential condominium units. In
addition, the City agrees to process permit applications for the residential condominium project
in good faith and agrees not to unreasonably withhold permit approvals. The following
restrictions shall apply to the proposed residential condominium project:
(1) Short terns transient rentals of the condominium units on the
Condominium Property shall be strictly prohibited. In furtherance of this restriction, Owner
agrees to deed restrict the residential condominium units and provide that the rental of any of the
residential condominium units on the Condominium Property for a period of less than one year is
strictly prohibited. The City shall be a third party beneficiary under the deed restrictions for
purposes of enforcing this rental restriction. Said deed restriction shall be a condition of final
engineering approval by the City.
\~ (2) 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 an additional battery of
tennis courts on Parcel ? at a location near the club's current tennis court 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.
(3) All purchasers of the residential condominium units on the Condominium
Property shall receive membership (minimum tennis level membership} at the Tuscawilla Golf
and Country Club for purposes of satisfying the City's recreation level of service requirements
under the City's Comprehensive Plan. The tennis membership shall permit the condominium
unit owners to use the recreation amenities at the Tuscawilla Golf and Country Club (e.g. pool,
tennis courts, golf course, and gym facility) under membership terms, fees, and conditions
established by the Tuscawilla Golf and Country Club.
~/
Third Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 3 of 8
(4) Unless otherwise approved by the City Commission, Owner shall
construct a decorative brick wall along the entire property line adjacent to Winter Springs
Boulevard in a manner and height similar to the other decorative brick walls along said
boulevard.
(b) The Owner and the City acknowledge that there are wetland, floodplain, and
floodway mitigation issues on Parcel 7 which must be satisfactorily addressed in order to permit
the sixty residential condominium units to be constructed. Owner agrees to diligently pursue a
Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) for
any encroachments into the 100 year floodplain and floodway, as said areas are defined by law.
For reference purposes only, the location of the floodplain and floodway is generally depicted in
the Condominium Conceptual Plan. All such encroachments are subject to review and approval
by the City and FEMA. -Owner shall submit such engineering data that is necessary to satisfy the
City and FEMA. If the City requires the services of an engineering consultant to review the
engineering data submitted by Owner, Owner shall reimburse the City for all such services.
(c) The portion of Parcel 7 legally described as parcels "A," "C," and "E" on
COMPOSITE EXHBIT "C" (the area excluding the Development Area which generally
contains the existing tennis courts, swimming pool, and gym facilities and creek area) shall
hereinafter be deemed Golf Property under the terms and conditions of the Settlement
Agreement.
4.0 Parcel 8. Subject to the issuance of additional permits in accordance with
Paragraph 8.0, the future development of Parcel 8 shall be as follows:
(a) In accordance with Paragraph 5.0 of this Third Amendment to Settlement
Agreement, a telecommunications tower shall be constructed on the area legally described as
``tower parcel" in COMPOSITE EXHBIT "D." ('`Tower Site"). Said exhibit is attached hereto
and fully incorporated herein by this reference.
(b) No later than thirty (30) days from the Effective Date, the Owner shall
convey to the City, and any other third party designated by the City, a .perpetual .statutory
conservation easement over; under, and upon that portion of Parcel 8 currently owned by
Owners. Said portion of Parcel 8 is legally described on EXHIBIT "E," which is attached
hereto and fully incorporated herein by this reference. The conservation easement- shall be
granted under the provisions of section 704.06, Florida Statutes. The. conservation easement shall
be in a form deemed acceptable by the City Attorney. The conservation easement shall generally
provide for the preservation of wooded areas (as depicted as shaded areas on COMPOSITE
EXHIBIT "F"), and shall permit the Owner to use all other parts of the easement area for the
operation of a country club, golf course, tennis club, club house/restaurant, golf and tennis
teaching and training facility/school/academy (with no on-site residences), storm water drainage
retention and detention, effluent disposal and related uses. Additionally, the conservation
easement shall permit the construction and operation of the Tower authorized under Paragraph
5.0 of this Third Amendment to Settlement Agreement. Owner shall be responsible for having
all mortgages existing at the time of the conveyance of the conservation easement subordinated
to the easement.
Third Amendment to Settlement Agreement
Tusca~villa Golf and Country Club Property
Page 4 of 8
(c) The Owner and City acknowledge that a small portion of Parcel 8 located
in the southeast corner (Parcel Id. 31-20-31-SBB-0000-011A) is not currently owned by the
Owner. ("Parcel 8 Remainder"). However, .Owner acknowledges that Owner currently leases the
Parcel 8 Remainder and may acquire it in the future. If Owner acquires fee simple title to the
Parcel 8 Remainder, Owner agrees to convey to the City a conservation easement over, under,
and upon the Parcel 8 Remainder in the same manner provided for in subparagraph 4 (b) above.
5.0 Telecommunications Tower.
(a) Pursuant to the terms and conditions of the Development Order issued by the City
Commission of Winter Springs, dated September 10, 2007, a unipole telecommunications tower
and related ground equipment shall be .constructed on the Tower Site. The Owner shall be
permitted to grant ancillary access and utility (electric and telephone lines) easements under and
upon the Club Property for purposes of serving the Tower Site, as depicted on COMPOSITE
EXHIBIT "D." No other development shalt be permitted on the Tower Site other than the
development authorized by said Development Order. The Owner shall be required to maintain a
two hundred foot (200 ft:) perpetual buffer area of trees and undeveloped land around the Tower
Site. Said buffer area shall be measured. as a radius of two hundred foot (200 ft.) from the center
of the Tower Site and is generally depicted on COMPOSITE EXHIBIT "D." Should the use
of the tower and related ground equipment and utility lines be discontinued for any reason, the
tower, equipment, and utility lines shall be removed by Owner within three (3) months of
discontinuance.
6.0 Additional Conservation Areas Adiacent to Parcel 8. In conjunction with
the conservation easement granted to the City pursuant to Paragraph 4 (b) of this Third
Amendment to Settlement Agreement, the Owner agrees to include as conservation land the two
areas outside of Parcel 8 which are legally described in COMPOSITE EXHIBIT "F." Said
exhibit is attached hereto and fully incorporated herein by this reference.
7.0 TLBD Beautification Supplemental Contribution. In addition to any
special assessment imposed on the Club Property as required by the City's Tuscawilla Lighting
and Beautification District, Owner agrees to contribute to the City an additional Twenty-Five
Thousand and No/100 Dollars ($25,000.00) to be used for District beautification purposes. Said
contribution shall be paid to the City in two equal installments. The first installment shall be due
at such time that the City Commission approves the final engineering plans for the Parcel 7
residential condominium project. The second installment shall be due within one (1) year from
the date that said final engineering plans are approved by the City Commission.
8.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
9.0 Development Permits. As required by City Code and other applicable law,
Owner acknowledges and agrees that any development of the Golf Property, Development
Property, Tower Site, and Condominium Property will require Owner to apply for- additional
development permits from the City and other government agencies with jurisdiction over said
property. Nothing herein shall limit the City's authority to grant or deny any development permit
Third Amendment to Settlement Agreement
Tusca~~illa Golf and Country Club Property
Page 5 of 8
applications or requests subsequent to the Effective Date. The failure of the Settlement
Agreement to address any particular City, County, State and/or Federal permit, condition, term
or restriction shall not. relieve Owner 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 Owner is in breach of
any term and condition of the Settlement Agreement.
IN WITNESS WHEREOF, the parties have hereunto. set their hands and seal on the
date first above written.
ATTES~~ '~.~~,},y',,.., , , .
1. ~a~o ~r j/
~id oren Liae~s;
• ~; • .
CITY SEAS; ~`' `'
CITY OF WINTER SPRINGS
By: ,~ -~
hn F. Bush, Mayor
City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date: N~wwr ~~ 1 g~ ~ -Z
By: '----
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
Third Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 6 of 8
Signed, sealed and delivered in the
presence of the following witnesses:
~'-
ignature of,Wi ss
Printed Name of Witness
Sign re of Witnessl
L~/hhC ~l /~~_
PrintTme of Witness
WINTER SPRINGS GOLF, LLC, a Florida
limited liability company
r ~
B `'~
~nrf ~ L,.,r- .~„t,,;,.,,~Member/Manager
Date: i/ (ZfT~G~
STATE OF 1~~~s~-,
COUNTY OF~ ic~~~~,~T- rr~~ ~
The foregoing instrument was acknowledged before me this .CZ~ day of
\`~~=,v.~--,; 2007,C.ht'tS~a.; ~:hi~~ a`~s Manager/Member of WINTER SPRINGS GOLF,
LLC, a Florida limited liability company, on behalf of said company. He is personally known to
~:, - -
me 'r°~oduced ~ i • ~~~'S o~~./~~` as identification.
(NOTARY SEAL)
:`~ tom', ~'' . ,f
. MC~mm~ssion Expires:
~~ ~"' _.' r~ C rte';
(NotY Public Signature) -~
l~~xr,~ c~ 1'l1'lal - iy ~ 1 ~.,
(Print Name)
Notary Public, State of
Commission No.:
LEIY{W MARINEW
Il~/l~ PUEtiC OF NEW 1Eit,SEV
QOl~ion ~; 4/25/200
Third Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 7 of 8
Signed, sealed and delivered in the
presence of the following witnesses:
Simon ure of it
Printed Name of Witness
Sign re of Witness
Prm d Name of Witness
REACT LAND, LLC, a Florida limited liability
company
By.
~i5 ~~~ SS,~ e~.rr, Member/Manager
Date: ~! ( Z--bi~~~
STATE OF ~ \~=-~ ~'~-'~
COUNTY~(YILc.~o~,.~a,on~,C.
The foregoing ^ instrument was acknowledged before me this ~ ~ day of
2007, ~S~Oh~' c~~`;Q~s'~'1~'ember/Manager of REACT LAND, LLC, a
Florida limit d liability company, on behalf of said company. He is personally known to me or
produced~~x~,~.~ °~~~~Ga,~vs identification.
(NOTARY SEAL) ( ~ ~ 1 '
L
of Public Signa re)
~+ m 10. ~C)-!'t' n~e;~ 1 ~
T~ . -• ,'j ~~~~~- (Print Name)
_'•`- Notary Public, State of
#. _ se.
Commission No.:
.: - My Commission Expires:
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• '_ LEMId~ IWARINELLi
' ' ~ MOiiAQ1t PU~lC OF tdEW JERSEr
'COiflmi~otl 4lZS/
Third Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 8 of 8