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HomeMy WebLinkAbout2013 08 26 Consent 201 Mermel Property Tri-Party AgreementCOMMISSION AGENDA ITEM 201 REQUEST: Informational Consent X Public Hearings Regular August 26, 2013 KS RS Regular Meeting City Manager Department The Community Development Department, Planning Division is requesting the City Commission consider executing an agreement between the City of Winter Springs, Seminole County, and American Land Investments of Central Florida, LLC regarding the Mermel property. SYNOPSIS: American Land Investments of Central Florida, LLC has petitioned the City to annex a 4.51 acre parcel located on the northwest corner of the intersection of DeLeon Street and Florida Avenue that is known as the Mermel property. The applicant petitioned the City to annex the subject property for utilization as a stormwater retention pond and tot -lot in the proposed Southern Oaks residential development. The property is located in the Seminole County Rural Area. On April 23, 2013, the Seminole County Manager sent a letter to the City Manager indicating the proposed uses for the subject property were not consistent with the intent of the Rural Area. The proposed agreement will limit development of the subject property, and will satisfy concerns that were raised in the County Manager's letter to the City Manager regarding uses in the Rural Area. CONSIDERATIONS: The proposed agreement between the City of Winter Springs, Seminole County, and American Land Investments of Central Florida, LLC outlines responsibilities of all three entities. The responsibilities of the City of Winter Springs include: Consent 201 PAGE 1 OF 3 - August 26, 2013 • Acknowledging the Mermel property is located within the Rural Area and the land use designations contained within the County's Comprehensive Plan shall control the density and intensity of development in the Rural Area. The Seminole County Board of County Commissioners must approve all changes to the future land use designations within the Rural Area. • Agreeing the acreage of the Mermel property shall not be included in the density calculation of the adjacent Southern Oaks subdivision, even if the Mermel property is removed from the Rural Area. • Agreeing to assign land use and zoning designations to the Mermel property that are consistent with the property owner's obligations. • Agreeing that any development approvals shall be consistent with the property owner's obligations and with the future land use and zoning designations. The responsibilities of American Land Investments, LLC includes limiting the development of the Mermel property to: • Stormwater retention facilities, internal access drive and utilities associated with a 95 unit residential development adjacent to the Mermel property. • A tot -lot associated with a 95 unit residential subdivision adjacent to the Mermel property; • Green space /passive recreation. • No buildings or structures of any kind nor any residential lot or portion thereof can be constructed on the property. • The acreage of the Mermel property shall not be included in the density calculation of the adjacent Southern Oaks subdivision. The responsibilities of Seminole County includes: . Considering adoption of an ordinance enacting the property owner's request to remove the Mermel property from the Rural Area and the associated modification of the Rural Boundary pursuant to the Seminole County Home Rule Charter. The Tri -Party Agreement, as previously stated, addresses certain concerns raised by Seminole County relative to the development of the subject parcel. Currently, as part of the rural area of Seminole County, one (1) residential structure could be built on the property since the allowable density within the Rural Boundary is one unit per three (3) acres. If the Tri -Party Agreement is approved, no units or any portion of a residential lot can be constructed or included as part of the subject property. The effective density would be less than would be currently allowed in the Rural Boundary. FISCAL IMPACT: Approval of this agreement will assist in the development of the Southern Oaks residential subdivision which, upon completion, will add to the City's taxable value. A detailed fiscal analysis for the project will be presented to the City Commission as part of the final engineering 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 Consent 201 PAGE 2 OF 3 - August 26, 2013 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 five (5) 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: Staff recommends that the City Commission enter into the Tri -Party agreement between the City of Winter Springs, Seminole County, and American Land Investments of Central Florida, LLC regarding the Mermel property and authorize the Mayor to execute the agreement. ATTACHMENTS: A. Agreement between Seminole County, Winter Springs, and American Land Investments of Central Florida, LLC related to the Mermel property Consent 201 PAGE 3 OF 3 - August 26, 2013 AGREEMENT BETWEEN SEMINOLE COUNTY, WINTER SPRINGS, AND AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA, LLC RELATED TO THE MERMEL PROPERTY THIS AGREEMENT is made and entered into this day of , 2013, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, herein after referred to as the "CITY," SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is County Services Building, 1101 East First Street, Sanford, Florida 32771, herein referred to as the "COUNTY," and American Land Investments of Central Florida, LLC whose address is 7575 Dr. Phillips Blvd., Suite 265 Orlando, Florida 32819 herein referred to as the "PROPERTY OWNER." WITNE WHEREAS, THE PROPERTY OWNER owns or controls certain real property located in Seminole County, Florida consisting of approximately 4.51 +/- acres, as described in Exhibit "A" attached hereto, incorporated herein by reference and referred to herein the "Mermel Property "; and WHEREAS, the_Mermel Property is assigned the Seminole CountyRural -3 future land use designation which permits development of up to l dwelling unit per 3 acres; and WHEREAS, the CITY has a substantial interest in protecting the public interest within the City of Winter Springs by regulating planning and growth management pursuant to Chapter 163 of the Florida Statutes, the Winter Springs Comprehensive Plan, and the Winter Springs Land Development Code; and WHEREAS, the COUNTY has a substantial interest in protecting the public interest within the county boundaries by enforcing the terms and conditions of the Seminole County Home Rule Charter; and WHEREAS, on September 2, 2004, the Seminole County Board of County Commissioners adopted Ordinance No. 2004 -36 proposing to the electors an amendment to the Seminole County Home Rule Charter that would establish a Rural Area within the County (the "Charter Amendment "); and WHEREAS, the Charter Amendment was approved by referendum vote at the general election of November 2004; and Mermel Property Agreement Page 1 of 7 WHEREAS, the Mermel Property is located within the Seminole County Home Rule Charter Rural Area; and WHEREAS, the Board of County Commissioners previously excluded existing incorporated land from the proposed Charter Amendment Rural Area; and WHEREAS, pursuant to Article V, Section 5.2 B. of the Seminole County Home Rule Charter, the Board of County Commissioners may remove property from the Rural Area, by County ordinance; whenever in the opinion of the Board of County Commissioners determines such a change is necessary; and WHEREAS, on July 22, 2013, at the request of the PROPERTY OWNER the CITY approved the First Reading of a voluntary annexation petition of the Mermel Property and; WHEREAS, the CITY shall hold a public hearing for a second Public Reading to consider adoption of the ordinance enacting the annexation of the Mermel Property on August 26, 2013; and WHEREAS, the parcels immediately adjacent to three sides of the Mermel Property are assigned zoning designations which would permit higher intensity land uses including: RC -1, industrial warehouse to the north, R -1 Oviedo, low density single family residential to the south; and R -IA Winter Springs, low density single family residential to the west; and WHEREAS, on August 26, 2013, the CITY shall consider approval of an Agreement between the City of Winter Springs, Seminole County, and the PROPERTY OWNER (the 1) Limiting permittable'uses on the Mermel Property to a stormwater retention pond, a tot lot, and green space; 2) Prohibiting the construction of any structure requiring a building permit; 3) Prohibiting the placement of any residential lot or part thereof on the property; 4) Prohibiting the acreage of the Mermel Property from being included in the density calculation of the adjacent Southern Oaks subdivision, (even if the Mermel Property is removed from the Rural Area;) and WHEREAS, it is the intention of the PROPERTY OWNER to incorporate the Mermel Property into a larger, adjacent 51.15 +/- acre low density, single family planned development known as "Southern Oaks," located within the City of Winter Springs and Oviedo, and which received Preliminary Subdivision plan Approval from the CITY on August _, 2013 and approval from the City of Oviedo on August _, 2013 for those portions of the development located within the jurisdictional limits of Oviedo; and Mermel Property Agreement Page 2 of 7 WHEREAS, the PROPERTY OWNER has requested that the Board of County Commissioners adopt an ordinance removing the Mermel Property from the Rural Area, and amending the Rural Boundary accordingly, in order to accommodate the uses as described in this Agreement for the aforementioned planned development located within the cities of Winter Springs and Oviedo; NOW, THEREFORE, in consideration of the r between the parties hereto, and for other good and val provided the receipt and sufficiency of which is hereh follows: SECTION 1. RECITALS. The above recitals are true and are SECTION 2. PROPERTY a) The PROPERTY OWNER acknowledge Rural Area as established- within the PROPERTY OWNER further acknowled the Seminole County Home Rule Charte Seminole County Comprehensive Plar development in the Rural Area, and th approve all cham4es to the future land use -nants and promises by and ideration, each to the other edged, the parties agree as ative findings. [at the Mermel Property is located within the �minole County Home Rule Charter. The that, pursuant to Article V, Section 5.2 C. of to land use designations contained within the hall control the density and intensity of the Board of County Commissioners must signations within the Rural Area. b) With regard to the Mermel Property particularly described in Exhibit "A" and with the consent of SEMINOLE COUNTY and the CITY, the PROPERTY OWNER has voluntarily requested and agreed to limit the development of the Mermel Property to: 1. Stormwater retention facilities, internal access drive and utilites associated with a 95 unit residential subdivision adjacent to the Mermel Property; 2. A tot -lot associated with a 95 unit residential subdivision adjacent to the Mermel Property; 3. Green space /passive recreation; and Mermel Property Agreement Page 3 of 7 4. The Mermel Property shall not have any building structure of any kind nor any residential lot or part thereof, and 5. The acreage of the Mermel Property shall not be included in the density calculation of the adjacent Southern Oaks subdivision, (even if the Mermel Property is removed from the Rural Area.) c) The PROPERTY OWNER shall ensure that all changes contained within this Agreement are reflected in its submittal of the final site plan application. d) Within thirty (30) days of the execution of this Agreement by the parties, the PROPERTY OWNER will record restrictive covenants for the Mermel Property restricting development consistent with section 2. (a) and (b) above. The form of said restrictive covenants will be subject to the approval of the COUNTY and the CITY, and such approval shall not be unreasonably withheld. Such restrictions shall run with the land in favor of the COUNTY. All costs of recording said restrictive covenants will be borne solely by PROPERTY OWNER. SECTION 3. CITY'S RESPONSIBILITES. a) The CITY acknowledges that the Mermel Property is located within the Rural Area as established within the Seminole County Home Rule Charter. The CITY further acknowledges that, pursuant to Article V, Section 5.2 C. of the Seminole County Home Rule Charter, the land use designations contained within the Seminole County Comprehensive Plan shall control the density and intensity of development in the Rural Area, and that the Board of County Commissioners must approve all changes to the future land use designations within the Rural Area. b) The CITY agrees that the acreage of the Mermel Property shall not be included in the density calculation of the adjacent Southern Oaks subdivision, even if the Mermel Property is removed from the Rural Area. c) The CITY agrees to assign land use and zoning designations to the Mermel Property that are consistent with the PROPERTY OWNER's obligations outlined in Section 2 of this Agreement. d) The CITY agrees that any development approvals shall be consistent with the PROPERTY OWNER's obligations in Section 2 of this Agreement and with the future land use and zoning designations required in Section (c) above. Mermel Property Agreement Page 4 of 7 SECTION 4. COUNTY'S RESPONSIBILITES. The COUNTY shall consider adoption of an ordinance enacting the PROPERTY OWNER'S request to remove the Mermel Property from the Rural Area and the associated modification of the Rural Boundary pursuant to Article V, Section 5.2 B. of the Seminole County Home Rule Charter. The COUNTY acknowledges that approval of the aforementioned Ordinance is a mutual inducement to both the CITY's and the PROPERTY OWNER's consent to their respective obligations as enumerated in this Agreement. SECTION 5. EFFECTIVE DATE This Agreement shall take effect immediately upon SECTION 6. NOTICES. Whenever any party desires to give notice unto the other, it mi by certified United States mail, with return receipt requested, is intended at the place last specified and the place for giving shall have been changed by written notice in compliance with the present, the parties designate the following as the respecti wit: FOR COUNTY: Development Services 1101 East I st Street Sanford_ Florida 32771 FOR CITY: City of Winter Sprinj 1126 East State Roac Winter Springs, FL 3 FOR PROPERTY OWNER: American Land Investments of Central Florida, LLC 7575 Dr. Phillips Blvd., Suite 265 Orlando, Florida 32819 Mermel Property Agreement Page 5 of 7 all three parties. zst be given by written notice, sent addressed to the party for whom it of notice shall remain such until it the provisions of this Section. For ve places for giving of notice, to SECTION 7. NON- SEVERABILITY. The terms and provisions of this Agreement are not severable and in the event any portion of this Agreement and the restrictive covenant required by Section 2 (d) shall be null and void. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. Witness Print Name Witness Print Name L'In MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date: M Title: Investments la, LLC SPRINGS Charles Lacey, Mayor BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA ROBERT DALLARI, Chairman For the use and reliance As authorized for execution by the Board of County Seminole County only. Commissioners at its 20 regular meeting. Approved as to form and legal sufficiency. Mermel Property Agreement Page 6 of 7 County Attorney Attachments: Exhibit "A" Legal Description