HomeMy WebLinkAbout2014 02 19 Public Hearing 500 Ordinance 2014-01 and Ordinance 2014-02LOCAL PLANNING AGENCY/PLANNING
AND ZONING BOARD AGENDA
ITEM 500
February 19, 2014
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST:
The Community Development Department — Planning Division requests that the Local
Planning Agency/Planning & Zoning Board hold a Public Hearing to consider both the
Small -Scale Future Land Use Map Amendment and Rezoning for approximately 5.22
acres, generally located north of State Road 434, west of Deleon Street as described within
Ordinances 2014-01 and 2014-02.
PURPOSE:
The City of Winter Springs Community Development Department has received an
application for a Small -Scale Future Land Use Map Amendment and Rezoning, which if
approved, would change the Future Land Use Map and zoning designations for two (2)
parcels totaling 5.22 acres in size generally located north State Road 434, west of Deleon
Street (see Exhibit A - Location Map). Ordinance 2014-01 proposes to change the
Future Land Use Map designation on the two (2) parcels from Seminole County "Rural-
3" to City of Winter Springs "Low Density Residential" with a "Conservation Overlay"
(see Exhibit B - Ordinance 2014-01). Ordinance 2014-02 proposes to rezone the same
two (2) parcels from Seminole County "Agri culture-3 " to City of Winter Springs "R-IA"
(One Family Dwelling District) (see Exhibit C - Ordinance 2014-02). The applicant has
indicated that the parcels will be utilized as a stormwater retention pond and active
recreation area as part of the proposed Southern Oaks development (see Exhibit D -
Southern Oaks Preliminary Plan).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general
responsibility for the conduct of the comprehensive planning program. Specifically, the
Local Planning Agency shall:
February 19, 2014
Public Hearing Agenda Item 500
Page 12
(a) Be the agency responsible for the preparation of the comprehensive plan or plan
amendment and shall make recommendations to the governing body regarding the
adoption or amendment of such plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from
time to time be required...
Florida Statute 163.3187 Amendment of adopted comprehensive plan;
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions;
Winter Springs Charter Section 4.15 Ordinances in General;
Winter Springs Article III. Comprehensive Plan Amendments;
Section 15-30. Authority, purpose and intent;
Section 15-35. Review Procedure;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff s
recommendation, and recommend that the City Commission approve, approve with
modifications (text only), or deny the application for transmittal to the Department of
Economic Opportunity. At a minimum, the Local Planning Agency shall consider the
same factors considered by the staff. The LPA shall hold at least one (1) public hearing
prior to making its recommendation to the City Commission.
Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of
Districts, Division 4.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article 11, Section 20-31.
CONSIDERATIONS:
Applicant — Taylor Morrison of Florida INC.
Location — North of State Road 434, west of Deleon Street.
February 19, 2014
Public Hearing Agenda Item 500
Page 13
Site Information — The two (2) parcels totaling 5.22 acres currently have a future land use
designation of Seminole County "Rural-3". Both properties were recently annexed into
the City of Winter Springs via Ordinance 2013-07 (4.51 acre parcel) and Ordinance 2013-
18 (0.712 acres of the vacated Florida Right -of -Way). The applicant has petitioned the
City to change the future land use designation of the parcels to City of Winter Springs
"Low Density Residential" with a "Conservation Overlay" for utilization of said property
as a stormwater retention pond and active recreation as part of the proposed Southern
Oaks development.
PARCEL
Property Addresses: Mermel Property
1550 Deleon Street
03-21-31-300-0030-0000
4.51 Acres
Property Owners:
Applicant Address:
Property Appraiser Parcel I.D numbers
Property Acreage:
Property Legal Descriptions:
Current Future Land Use:
Proposed Future Land Use:
Existing Zoning:
Florida Avenue Right -of -Way
No Address
25-30-31-5BA-0000-020C
0.712 Acres
Taylor Morrison of Florida INC.
151 Southhall Lane
Suite 200
Maitland, Florida 32751
03-21-31-300-0030-0000 and 25-30-31-
5BA-0000-020C
Approximately 5.22 acres
See'Exhibit E - Legal Description'
Seminole County "Rural-3"
City of Winter Springs "Low Density
Residential" with a "Conservation Overlay"
Seminole County A-3 (Agriculture)
Proposed Zoning: City of Winter Springs "R-IA"
February 19, 2014
Public Hearing Agenda Item 500
Page 14
Existing Land Uses — The properties are currently vacant and are proposed to be utilized
as a stormwater retention pond and active recreation as part of the proposed Southern
Oaks development. The Southern Oaks development is located partially in the City of
Winter Springs and partially in the City of Oviedo. The surrounding area is generally
characterized by the following land use and zoning categories.
I
Subject
Undeveloped
North 4.51
North 4.51 Acres
Properties
Acres
Seminole County
Seminole
Rural-3
County A-3
(Agriculture)
Fl. Ave. R-o-W
Fl. Ave. R-o-
None
W
None
North
Undeveloped
Seminole
Seminole County
County
Rural-3
A-3
..........................................................................................................................................
(Agriculture)
South
Undeveloped
City of Oviedo
City of Oviedo
R-1
Low Density
Residential
.............................................................
East
...........................................................................................................................................
Deleon Street right -of-
None
None
........ .........
way
...........................................................................................................................................
West
Undeveloped
City of Winter
City of Winter Springs
Springs
Low Density
R-1 A
Residential
The subject property was removed from the Seminole County Rural Boundary by the
Board of County Commissioners on August 27, 2013. The annexation for the north 4.51
acres was approved by the City of Winter Springs City Commission on September 9,
2013 via Ordinance 2013-07. The annexation for the southern 0.712 acre parcel, vacated
Florida Avenue Right -of -Way, was approved by the City of Winter Springs City
Commission on December 9, 2013 via Ordinance 2013-18. The requested small scale
plan amendment seeks to assign both City of Winter Springs land use and zoning
designations to the aforementioned annexed parcels. The property is subject to a Tri-
Party Agreement that was approved by the City Commission on August 26, 2013 and the
Seminole County Commission on August 27, 2013. This agreement limits the uses that
can be placed on the subject parcel (see Exhibit F - Tri-Party Agreement). Said
agreement permits the proposed stormwater retention and active recreational uses on the
subject property.
February 19, 2014
Public Hearing Agenda Item 500
Page 15
REZONING ANALYSIS:
The following summarizes the data and issues which Staff analyzed in reviewing this
application as required by the Code of Ordinances, Section 20-31:
(1) Compliance with Procedural Requirements- The proposed rezoning is in
compliance with all procedural requirements established by the City Code and law.
Requirements for advertising the land use action have been met.
(2) Consistent with the Comprehensive Plan- The proposed rezoning change is
consistent with the City's Comprehensive Plan and the proposed change will not have
an adverse effect on the Comprehensive Plan.
(3) Consistent with any Master Plan for the property- The properties are currently
vacant and are proposed to be utilized as a stormwater retention pond and active
recreation as part of the proposed Southern Oaks development. Said development is
located partially in the City of Winter Springs and partially in the City of Oviedo.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan -
The proposed rezoning from Seminole County Agriculture (A-3) to Winter Springs
(R-IA) is appropriate and compatible with the land use pattern established by the
City's Comprehensive Plan. The surrounding properties have future land use
designations in the City of Winter Springs and Seminole County of "Low Density
Residential"
(5) Does Not Create Spot Zoning - The proposed rezoning does not create a spot
zone, which is prohibited by law. The adjoining properties are zoned for residential
development (Southern Oaks). The proposed zoning designation is compatible with
the surrounding area.
(6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning
does not alter the existing developed population density pattern and therefore will not
overtax the load on public facilities and services (utilities, streets, and other municipal
services and infrastructure).
(7) Does Not Create Elo ig cally Drawn Zoning District Boundaries- The proposed
rezoning does not result in existing zoning district boundaries that are illogically
drawn in relation to the existing conditions on the property and the surrounding area
and the land use pattern established by the City's Comprehensive Plan.
(8) Changed Conditions Make the Proposed Rezoning Necessary The proposed
zoning designation of R-IA is compatible with the proposed "Low Density
Residential" Future Land Use Map classification that is proposed via Ordinance 2014-
01.
(9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning
will not seriously reduce light or air to adjacent areas.
February 19, 2014
Public Hearing Agenda Item 500
Page 16
(10) Adverse Impact on Surrounding Property Values- The proposed zoning
designation has been determined by evaluating the prevailing character of the area
around the subject property.
(11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent
in the zoning of the property is to apply a zoning classification for the subject property
that is consistent and compatible with the surrounding land uses.
(12) Does Not Constitute a Special Privilege- The proposed rezoning does not
constitute a grant of special privilege to an individual owner as contrasted with the
public welfare.
(13) Not out of Scale- The proposed rezoning change is not out of scale or
incompatible with the needs of the neighborhood or the City.
(14) Does Not Violate any City Land Use Regulations- The proposed rezoning does not
violate any applicable land use regulations adopted by the City.
Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any
letters or phone calls in favor of or in opposition to this proposal.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Designation - Through Ordinance 2014-01 the
applicant is requesting the City of Winter Springs "Low Density Residential" land use
designation with a "Conservation Overlay" on the subject property. The applicant has
applied for the future land use amendment and rezoning in order to assign both City of
Winter Springs land use and zoning designations to the previously annexed parcels.
The proposed use is compatible with the surrounding area, as it generally characterized by
low density residential development patterns.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
The portion of State Road 434 that is closest to the subject property contains two (2) lanes
and has access to the State Road 417, which is approximately one (1) mile to the west of
the subject property. The preliminary subdivision plan for the Southern Oaks
development shows an internal road that will be located to the west of the subject
property. This road is proposed for development in both the City of Winter Springs and
the City of Oviedo. This street is proposed to service the entire development, north of
State Road 434, which the subject property is proposed to be part of.
February 19, 2014
Public Hearing Agenda Item 500
Page 17
Availability of Access:
The preliminary subdivision plan proposes to have one (1) point of access to Deleon
Street, a local Seminole County local road. The applicant has indicated the parcels in
question will be utilized as a stormwater retention pond and active recreation area as part
of the proposed Southern Oaks development.
Function Classification:
State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando
to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within
this portion of the City of Winter Springs, State Road 434 is a two-lane roadway.
According to the City's Comprehensive Plan, the level of service (LOS) on this portion of
State Road 434 is "F". No residential units are proposed on the subject property.
POTABLE WATER:
No existing City facilities are available at or adjacent to this property.
WASTEWATER
No existing City facilities are available at or adjacent to this property.
RECLAIMED WATER:
No existing City facilities are available at or adjacent to this property.
ELECTRIC SERVICE:
Facilities serving the subject property: None currently. The City of Winter Springs is
serviced by Duke Energy for electric service. A future land use change will not impact
current electric rates.
SOLID WASTE:
Facilities serving the subject property: None currently. The City of Winter Springs
currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a
private solid waste contractor who will provide service to this area.
STORMWATER MANAGEMENT:
Facilities serving the parcels: None currently. Upon development, the site will be required
to provide on -site stormwater management in accordance with all applicable St. John's
River Water Management District (SJRWMD) criteria.
POLICE:
The City of Winter Springs is responsible for police protection. The station closest in
proximity to the subject property is located at 300 N. Moss Road. Response times are
averaged monthly.
February 19, 2014
Public Hearing Agenda Item 500
Page 18
FIRE:
Seminole County is responsible for fire protection. City of Oviedo Fire Station 44,
located at 42 Central Ave S., Oviedo, Florida is the closest fire station. The response time
is approximately two minutes.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from Seminole County "Rural-3" to City of Winter Springs
"Low Density Residential" with a "Conservation Overlay" will not result in any nuisance
potential for the surrounding properties because proposed uses are compatible with the
"Low Density Residential" future land use designation, and the subject property is
surrounded primarily by low density residential development.
NATURAL RESOURCES COMPATIBILITY:
The subject property is proposed to include a conservation overlay on the site. Because
there is a conservation overlay on a portion of the property, staff relies on the
environmental impact study which was provided as part of the Large -Scale Plan
Amendment per Ordinance 2012-21 (Weaver property). The 5.22 acres of property
represented by this request are included in the aforementioned report.
SOILS
The Southern Oaks development consists of Basinger, Samsula and Hontoon Soils,
Depressional, and Basinger and Delray fine sands. Basinger, Samsula and Hontoon Soils,
Depressional soils are nearly level, very poorly drained that are found in swamps and
depressions. According to the Environmental Impact Study that was submitted: "the
surface layer of Basinger soil consists of very dark gray mucky fine sand about six (6)
inches thick. Samsula surface layer is muck that is about 30-inches thick. The surface
layer of Hontoon soil consists of dark reddish brown much about 18-inches thick. During
most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months
or more. The permeability of this soil unit is rapid."
"Basinger and Delray sands are nearly level, poorly drained soils found in sloughs and
poorly defined drainageways. The surface layer of Basinger soil consists of very dark gray
fine sand about five (5) inches thick. The surface of Delray soil consists of black fine
sand about 12-inches thick. During most years the seasonal high table for this soil type is
within 12-inches of the surface for 6 months or more. The permeability of Basinger soil is
rapid. The permeability of Delray soil is rapid in the upper part and moderate in the
lower part."
FLOOD PRONE AREAS
The property is located in both Flood Zones "AE" & "Y', and in the regulatory floodway
according to the FEMA Flood Insurance Rate Map, panel 121170180F. The eastern
portion of the property that is within Flood Zone AE contains Solary Canal and should be
considered highly flood prone.
February 19, 2014
Public Hearing Agenda Item 500
Page 19
HISTORIC RESOURCES
No known historical resources are located on the subject property or within the vicinity of
the subject property.
WILDLIFE
The proposed conservation overlay area for the Southern Oaks development indicates that
the project may potentially contain protected wildlife habitat areas, in addition to hydric
soils/wetlands and special vegetative communities. The environmental report that was
submitted with the preliminary subdivision plan indicated the existence of gopher
tortoises on the property and the existence of four (4) bald eagle nests within one (1) mile
of the subject property, well outside the required 660-foot no development buffer that is
required around bald eagle nests. The Environmental Impact Study states the gopher
tortoises will be re- located off -site to a Florida Fish and Wildlife Conservation
Commission (FFWCC) approved recipient site.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
Per the Comprehensive Plan, the Low Density Residential future land use category
permits up to a maximum of 3.5 dwelling units per acre. This residential category is
characterized by detached single-family homes on one -quarter acre lots. This land use
category is intended to be applied as a transitional land use where higher density
residential land uses would conflict with existing adjacent neighborhoods. The
surrounding area is generally characterized by low density residential uses. The proposed
future land use amendment is consistent with the Comprehensive Plan.
The Conservation Overlay is not intended to prevent development, but rather identify
sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or if some form of mitigation may be
necessary.
The proposed future land use amendment is consistent with the following policies from
the Future Land Use Element of the Comprehensive Plan:
1. Policy 1.1.8 — requires an Environmental Impact Study to be submitted which
identifies the extent of all conservation areas and protected species on -site, and
the impacts of development when a portion of a site is illustrated in the
Comprehensive Plan as having a Conservation Overlay. An environmental
Impact Assessment for the Southern Oaks development was previously submitted
with the large-scale plan amendment that was approved per Ordinance 2012-21.
2. Policy 1.12.11 - requires areas determined to need protection through the
Environmental Impact Study process to be placed into a permanent conservation
easement prior to final development order approval.
February 19, 2014
Public Hearing Agenda Item 500
Page 110
3. Policy 1.3.1 - requires all development proposals to determine their specific
impacts on current Level of Service (LOS) and mobility standards.
4. Policy 1.3.4 - requires the City to support proposed future land use map
amendments with data and analysis demonstrating that adequate water supplies
and associated public facilities will be available to meet the projected growth
demands.
5. Policy 1.7.1 - requires the City to consider existing and proposed land uses in
adjacent jurisdictions when reviewing proposed land use amendments.
Conservation Element
The proposed future land use amendment is consistent with the following policies from
the Conservation Element of the Comprehensive Plan:
1. Policy 1.4.1 — requires the protection of the natural functions of wetlands through
the Conservation Overlay on the Future Land Use Map and the Conservation land
use category, as defined in the Future Land Use Element.
2. Policy 1.4.6 — requires the incorporation of existing isolated wetlands into
development projects as appropriate, provided the wetlands remain undisturbed
and their natural functions are not impaired
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan.
2. The request is in conformance with the purpose and intent of the City Code and
with all applicable requirements.
3. Considering the type and location of uses involved and the general character of
the area, the change of the FLUM designation will not result in any incompatible
land uses, including such factors as height, bulk, scale, intensity, traffic, noise,
drainage, dust, lighting, appearance, and other factors deemed important.
4. The request is consistent with Florida Statute Chapter 163, Part H, of the Florida
Statutes.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment, which re -designates the property
from Seminole County "Rural-3" to City of Winter Springs "Low Density Residential"
with a Conservation Overlay, will provide additional taxable value to the City. The
subject parcels are conducive to existing low density residential development. The
proposed stormwater retention pond and recreational uses designated for this site are
consistent with the Tri-Party Agreement between the City of Winter Springs, Seminole
February 19, 2014
Public Hearing Agenda Item 500
Page 111
County, and the property owner, and it has been determined to be the highest and best use
of the subject property and represents a redevelopment of the property.
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and
Zoning Board members and are available on the City's Website, LaserFiche, and the
City's Server. The Agenda has been forwarded to the Mayor and City Commission; City
Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to
media/press representatives, all Homeowner's Associations on file with the City, all
individuals who have requested Agenda information, Department Directors; and also
posted outside City Hall; posted inside City Hall with additional copies available for the
general public.
Adjacent property owners have been notified by US mail and a yellow sign noting the
date and time of the public hearing has been erected on the property.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board hold a Public
Hearing and make two (2) separate motions as follows:
A. Forward a recommendation of approval for Ordinance 2014-01, which proposes a
Small -Scale Future Land Use Map Amendment for approximately 5.22 acres,
generally located north of State Road 434, west of Deleon Street.
B. Forward a recommendation of approval for Ordinance 2014-02, which proposes a
Rezoning for approximately 5.22 acres, generally located north of State Road 434,
west of Deleon Street.
EXHIBITS:
A. Location Map
B. Ordinance 2014-01
C. Ordinance 2014-02
D. Southern Oaks Preliminary Subdivision Plan
E. Legal Description
F. Tri-Party Agreement
G. Advertisement, Orlando Sentinel — February 9, 2014
EXHIBIT "B"
ORDINANCE NO.2014-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
PROVIDING FOR ADOPTION OF AN AMENDMENT TO
THE FUTURE LAND USE MAP FOR TWO (2) PARCELS OF
REAL PROPERTY WITHIN THE CITY OF WINTER
SPRINGS CONSISTING OF 5.22 TOTAL ACRES, MORE OR
LESS, EACH GENERALLY LOCATED NORTH OF STATE
ROAD 434 WEST OF DELEON STREET, SAID PARCELS
BEING MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED
HERETO; ASSIGNING ONE (1) PARCEL OF VACATED
RIGHT-OF-WAY THE WINTER SPRINGS FUTURE LAND
USE MAP DESIGNATION, "LOW DENSITY RESIDENTIAL"
WITH "CONSERVATION OVERLAY" ON THOSE
AFFECTED AREAS; CHANGING THE FUTURE LAND USE
MAP DESIGNATION ON ONE (1) PARCEL FROM
SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER
SPRINGS "LOW DENSITY RESIDENTIAL" SUBJECT TO
THE DECLARATION OF RESTRICTIVE COVENANTS
RECORDED IN SEMINOLE COUNTY OFFICIAL RECORD
BOOK 8138, PAGE 1399; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE
COMPREHENSIVE PLAN; SEVERABILITY, AND AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on February 19, 2014 in accordance with the procedures established in Chapter 163,
Part 11, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
City of Winter Springs
Ordinance No. 2014-01
Page 1 of 3
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to,
the Community Planning Act, formerly known as the Local Government Comprehensive Planning
and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property legally described and depicted on Exhibit "A" as City of Winter Springs "Low Density
Residential" with "Conservation Overlay" on those affected areas; and by changing the designation
of the real property legally described and depicted on Exhibit "B" from Seminole County "Rural
3" to City of Winter Springs "Low Density Residential" subject to the Declaration of Restrictive
Covenants recorded in Seminole County Official Record Book 8138, page1399. Exhibits "A" and
"B" are attached hereto and fully incorporated herein by this reference.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
City of Winter Springs
Ordinance No. 2014-01
Page 2 of 3
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with
Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of
this Ordinance, in which case this Ordinance shall become effective at such time as the state land
planning agency or the Administrative Commission issues a final order determining that the adopted
small scale development amendment is in compliance. No development orders, development
permits, or land use dependent on this Amendment may be issued or commenced before it has
become effective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and
become a part of that plan and the Amendments shall have the legal status of the City of Winter
Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 24th day of March, 2014.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Ordinance No. 2014-01
Page 3 of 3
LCPAParcel View: 03-21-31-300-0030-0000
Page 1 of 2
lRAO�PER'[Y
SFl+MNOLE cormrty, Fr(xrir2a
Parcel;03-21-31-300-0030-0000
Property Record Card
Parcel: 0 3- 21-31- 3 0 0- 00 3 0 -0 0 0 0
Owner: TAYLOR MORRISON OF FL INC
Property Address: 1550 DE LEAN ST OVIEDO, FL 32765
Property Address: 1550 DE LEON ST
Owner. TAYLOR MORRISON OF FL INC
Mailing: 151 SOUTHHALL LN STE 200
MAITLAND, FL 32751
Subdivision Name: (View PI
Tax District: 01-COUNTY-TX DIST I
Exemptions:
DOR Use Code: 01-SINGLE FAMILY
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Legal Description
SEC 03 TWP 21S RGE 31E S 112 OF SE 114 OF SW 114 OF NW 1/4 (LESS RD)
Tax Details
EXHIBIT "A"
2014 Working
Values
2013 Certified
Values
Valuation
Cost/Market
Cost/Market
Method
Number o
Buildings
1
1
Depreciated
$31.254
$29,529
Bldg Value
Depreciated
EXFT Value
$1,123
S1,123
Land Value
(Market)
$202.950
$196,380
Land Value Ag
Just/Market
Va u ..
S235,357
S227,032
Portability Adj
Save Our Homes
so
$0
Adj
Amendment 1
so
s0
Adj
Assessed Value
$235,357
5227,032
Tax Amount without SOH: S 3,634
2013 Tax Bill Amount 53,634
Tax Estimator
Save Our Homes Savings: $0
• Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
5235,357
$0
$235,357
Schools
$235,357
so
$235,357
Fire
$235,357
s0
$235,357
Road District
$235,357
so
S235,357
S1WM(Sa1nt johns Water Management)
$235,357
SO
$235,357
County Bondsi
$235,357
S0
$235,357
Sales
Deed
Date
Book
Page
Amount
Vac/Imp
Qualified
QUITCLAIM DEED
0112014
08190
0112
$100
Improved
No
SPECIAL WARRANTY DEED
01/2014
08190
0103
S5,4S2,700
Improved
No
SPECIAL WARRANTY DEED
11/2013
08165
1Q.5 4
S100
Improved
Nc
CORRECTIVE DEED
08/2013
08121
1172
$100
Improved
No
SPECIAL WARRANTY DEED
07/2012
aso4o
2 Q
$100
Improved
No
SPECIAL WARRANTY DEED
05/2012
07ZZRI
JL7Z
$245,000
Improved
No
CERTIFICATE OF TITLE
03/2012
07740
QkIQ
$100
Improved
No
WARRANTY DEED
11/1998
03531
1168
$185.000
Improved
Yes
SPECIAL WARRANTY DEED
08/1997
63293
1722
$100
Improved
No
SPECIAL WARRANTY DEED
08/1997
03293
171
Slob
Improved
No
WARRANTY DEED
03/1992
02415
1454
5147,500
Improved
Yes
QUIT CLAIM DEED
03/1991
02284
0049
$100
[mpro
Find Comparable Sales within this Subdivision
ved No
http:/lwww.sepafl.org/ParceiDetails.aspx?PID=03-21-3i-300-0030-boob&PRINT=YES 1/30/2014
http:/lwww.sepafl.org/ParceiDetails.aspx?PID=03-21-3i-300-0030-boob&PRINT=YES 1/30/2014
SCPA Parcel View: 03-21-31-300-0030-0000
Page 2 of 2
Land
Method
I Frontage
I Depth
I Units
Unit Price
Land Value
ACREAGE
01
0
.146
45,000.00
$6,570
ACREACEI
01
01
4,364145,000.00
$196,580
Building Information
# Description
Year Built
Actu.Ij ff.ctive
Fixtures
Base
Area
Total SF
Living
SF
Ext Wall
Adj
value
Repl
Value
ends
Appendages
1 SINGLE
1965
12
1,888.00
2,680.00
2,572,00
CONC
$31,284
$44,062
Description Area
FAMILY
BLOCK
UTILITY
108
FINISHED
UPPER STORY 684
FINISHED
Permits
Permit # Type Agency I Amount I CO Date Permit Date
04301Addition - Residentiall Countyl $2,400 11/01/1994
Extra Features
Description Year Sit Units I Value Cost New
ALUM UTILITY BLDG W/CONC FL 19791 4321 $1,123 52,806
Back j Save Layout I Reset Layout I New Search
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'3CPA Parcel View: 25-20-31-5BA-0000-020C
Page I of 2
EXHIBIT "B"
Property Record Card
Y Parcel: 25-20-31-5BA-0000-020C
AA Owner: TAYLOR MORRISON OF FL INC
sEMIN01F C0UN7v, Ft.or;ipw property Address: FL
< Back I Save Layout I Reset Layout I New Search
Parcel: 25-20-31-5BA-0000-020C I Value Summary
Property Address:
Owner: TAYLOR MORRISON OF FL INC
Mailing: 151 SOUTHHALL LN STE 200
MAITLAND, FL 32751
Subdivision Name: BLACK HAMMOCK
Tax District: WI -WINTER SPRINGS
Exemptions:
DOR Use Code: 00-VACANT RESIDENTIAL
F-
N
Z
II1—
W
Map I Aerial I Both I Footprint I + Extents Center
Larger Map I Advanced Map I Dual Map View - External
Legal Description
PORTION OF VACATED RD N OF LOT 20 BLACK HAMMOCK PB 1 PG 31
Tax Details
2014 Working
2013 Certified
Values
Values
Valuation
Cost/Market
Method
Number of
0
Buildings
Depreciated Bldg
Value
Depreciated EXFT
value
Land Value
(Market)
Land Value Ag
lust/Market
so
Value •*
Portability Adj
Save Our Homes
s0
Adj
Amendment 1
S0
Adj
P&G Adj
s0
Assessed Valuel
SO
Tax Amount without SOH: $0
2013 Tax Bill Amount SO
Tax Estimator
Save Our Homes Savings: 30
Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
s0
SO
s0
Schools
s0
s0
SO
Fire Fund
$0
s0
s0
City Winter Springs
s0
s0
s0
Winter Springs Bonds
s0
$0
SO
SJWM(Saint Johns Water Management)
Sol
Sol
SO
County Bondsl
Sol
Sol
SO
Sales
Deed
I Date
I Book
I Page
I Amount
I Vac/Imp
QualifiedSPECIAL
WARRANTY DEED
01/20141
081901
21031
5,452,700
Vacant
No
QUIT CLAIM DEED
O112014
08190
0112
5100
Vacant
No
Find Comparable Sales within this Subdivision
Land
Method Frontage Depth Units Unit Price Land Value
Building Information
tk Description
Year Built
Fixtures
Base
Total
Living
Ext
Adj
Repl
Appendages
!E
Actua ffective
Area
SF
SF
Wall
Value
Value
Description Area
http://www.scpafl.org/ParcelDetails.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014
SCPA Parcel View: 25-20-31-5BA-0000-020C
Page 2 of 2
Permits
Permit # Type Agency Amount CO Date Permit Date
Extra Features
Description Year Olt Units Value Cosi New
< Back I Save Layout I Reset Layout I New Search
http:/1www.scpafl.org/PareelDeWls.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014
EXHIBIT "C"
ORDINANCE NO.2014-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF TWO (2) PARCELS OF REAL PROPERTY TOTALING
5.22 GROSS ACRES, MORE OR LESS, EACH GENERALLY
LOCATED ON NORTH OF STATE ROAD 434 WEST OF
DELEON STREET, SAID PARCELS BEING MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBITS "A" AND "B" ATTACHED HERETO, ZONING
ONE (1) PARCEL OF VACATED RIGHT-OF-WAY "R-IA
ONE FAMILY DWELLING DISTRICT;" CHANGING THE
ZONING DESIGNATION OF ONE (1) PARCEL FROM
SEMINOLE COUNTY "A-3 RURAL 3 DISTRICT" TO
WINTER SPRINGS "R-IA ONE FAMILY DWELLING
DISTRICT" SUBJECT TO THE DECLARATION OF
RESTRICTIVE COVENANTS RECORDED IN SEMINOLE
COUNTY OFFICIAL RECORD BOOK 8138, PAGE 1399;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
has recommended approval of this Ordinance at their February 19, 2014 meeting; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby finds the requested change consistent with the
City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
City of Winter Springs
Ordinance No. 2014-02
Page 1 of 3
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of
Winter Springs, as described in City of Winter Springs Code Section 20-102, is hereby amended to
classify the property legally described and depicted on Exhibit "A," as City of Winter Springs "R-
lA One Family Dwelling District;" and to include a change of classification for the property legally
described and depicted on Exhibit "B" from Seminole County "R-3 Rural 3 District" to Winter
Springs "R-IA One Family Dwelling District." Exhibits "A" and `B" are attached hereto and fully
incorporated herein by this reference.
Section 3. Restricted Rezoning. Pursuant to section 20-31(e) of the City Code, this
rezoning shall be restricted. The use restrictions set forth in the Declaration of Restrictive Covenants
recorded in Seminole County Official Record Book 8138, pages 1399-1411 (13 pages), as may be
amended from time to time, shall apply to the property legally described and depicted on Exhibit
"B." Said covenants are hereby fully incorporated herein by this reference.
Section 4. Staff Instructions. City staff is hereby directed to promptly amend the City's
Official Zoning Map upon the effective date of this Ordinance to reference the use restrictions
authorized and imposed by this Ordinance. In addition, upon adoption and full execution of this
Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the
Official Records of Seminole County, Florida. This Ordinance shall run with the land.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance No. 2014-01 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2014-01 does not become
effective, then this Ordinance shall become null and void.
City of Winter Springs
Ordinance No. 2014-02
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 24th day of March, 2014.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Ordinance No. 2014-02
Page 3 of 3
LCPAParcel View: 03-21-31-300-0030-0000
Page 1 of 2
lRAO�PER'[Y
SFl+MNOLE cormrty, Fr(xrir2a
Parcel;03-21-31-300-0030-0000
Property Record Card
Parcel: 0 3- 21-31- 3 0 0- 00 3 0 -0 0 0 0
Owner: TAYLOR MORRISON OF FL INC
Property Address: 1550 DE LEAN ST OVIEDO, FL 32765
Property Address: 1550 DE LEON ST
Owner. TAYLOR MORRISON OF FL INC
Mailing: 151 SOUTHHALL LN STE 200
MAITLAND, FL 32751
Subdivision Name: (View PI
Tax District: 01-COUNTY-TX DIST I
Exemptions:
DOR Use Code: 01-SINGLE FAMILY
�s CRESS RUN
Ai
W
7i 1
FS
t�
P. C
Map I Aerial Both Footprint t Extents Center
Larger Map I Advanced Map I Dual Map View - External
Legal Description
SEC 03 TWP 21S RGE 31E S 112 OF SE 114 OF SW 114 OF NW 1/4 (LESS RD)
Tax Details
EXHIBIT "A"
2014 Working
Values
2013 Certified
Values
Valuation
Cost/Market
Cost/Market
Method
Number o
Buildings
1
1
Depreciated
$31.254
$29,529
Bldg Value
Depreciated
EXFT Value
$1,123
S1,123
Land Value
(Market)
$202.950
$196,380
Land Value Ag
Just/Market
Va u ..
S235,357
S227,032
Portability Adj
Save Our Homes
so
$0
Adj
Amendment 1
so
s0
Adj
Assessed Value
$235,357
5227,032
Tax Amount without SOH: S 3,634
2013 Tax Bill Amount 53,634
Tax Estimator
Save Our Homes Savings: $0
• Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
5235,357
$0
$235,357
Schools
$235,357
so
$235,357
Fire
$235,357
s0
$235,357
Road District
$235,357
so
S235,357
S1WM(Sa1nt johns Water Management)
$235,357
SO
$235,357
County Bondsi
$235,357
S0
$235,357
Sales
Deed
Date
Book
Page
Amount
Vac/Imp
Qualified
QUITCLAIM DEED
0112014
08190
0112
$100
Improved
No
SPECIAL WARRANTY DEED
01/2014
08190
0103
S5,4S2,700
Improved
No
SPECIAL WARRANTY DEED
11/2013
08165
1Q.5 4
S100
Improved
Nc
CORRECTIVE DEED
08/2013
08121
1172
$100
Improved
No
SPECIAL WARRANTY DEED
07/2012
aso4o
2 Q
$100
Improved
No
SPECIAL WARRANTY DEED
05/2012
07ZZRI
JL7Z
$245,000
Improved
No
CERTIFICATE OF TITLE
03/2012
07740
QkIQ
$100
Improved
No
WARRANTY DEED
11/1998
03531
1168
$185.000
Improved
Yes
SPECIAL WARRANTY DEED
08/1997
63293
1722
$100
Improved
No
SPECIAL WARRANTY DEED
08/1997
03293
171
Slob
Improved
No
WARRANTY DEED
03/1992
02415
1454
5147,500
Improved
Yes
QUIT CLAIM DEED
03/1991
02284
0049
$100
[mpro
Find Comparable Sales within this Subdivision
ved No
http:/lwww.sepafl.org/ParceiDetails.aspx?PID=03-21-3i-300-0030-boob&PRINT=YES 1/30/2014
http:/lwww.sepafl.org/ParceiDetails.aspx?PID=03-21-3i-300-0030-boob&PRINT=YES 1/30/2014
SCPA Parcel View: 03-21-31-300-0030-0000
Page 2 of 2
Land
Method
I Frontage
I Depth
I Units
Unit Price
Land Value
ACREAGE
01
0
.146
45,000.00
$6,570
ACREACEI
01
01
4,364145,000.00
$196,580
Building Information
# Description
Year Built
Actu.Ij ff.ctive
Fixtures
Base
Area
Total SF
Living
SF
Ext Wall
Adj
value
Repl
Value
ends
Appendages
1 SINGLE
1965
12
1,888.00
2,680.00
2,572,00
CONC
$31,284
$44,062
Description Area
FAMILY
BLOCK
UTILITY
108
FINISHED
UPPER STORY 684
FINISHED
Permits
Permit # Type Agency I Amount I CO Date Permit Date
04301Addition - Residentiall Countyl $2,400 11/01/1994
Extra Features
Description Year Sit Units I Value Cost New
ALUM UTILITY BLDG W/CONC FL 19791 4321 $1,123 52,806
Back j Save Layout I Reset Layout I New Search
http://www.sepafl.org/PareelDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014
'3CPA Parcel View: 25-20-31-5BA-0000-020C
Page I of 2
Property Record Card
Y Parcel: 25-20-31-5BA-0000-020C
AA Owner: TAYLOR MORRISON OF FL INC
sEMIN01F C0UN7v, Ft.or;ipw property Address: FL
< Back I Save Layout I Reset Layout I New Search
Parcel: 25-20-31-5BA-0000-020C I Value Summary
Property Address:
Owner: TAYLOR MORRISON OF FL INC
Mailing: 151 SOUTHHALL LN STE 200
MAITLAND, FL 32751
Subdivision Name: BLACK HAMMOCK
Tax District: WI -WINTER SPRINGS
Exemptions:
DOR Use Code: 00-VACANT RESIDENTIAL
F-
N
Z
II1—
W
Map I Aerial I Both I Footprint I + Extents Center
Larger Map I Advanced Map I Dual Map View - External
Legal Description
PORTION OF VACATED RD N OF LOT 20 BLACK HAMMOCK PB 1 PG 31
Tax Details
EXHIBIT "B"
2014 Working
2013 Certified
Values
Values
Valuation
Cost/Market
Method
Number of
0
Buildings
Depreciated Bldg
Value
Depreciated EXFT
value
Land Value
(Market)
Land Value Ag
lust/Market
so
Value •*
Portability Adj
Save Our Homes
s0
Adj
Amendment 1
S0
Adj
P&G Adj
s0
Assessed Valuel
SO
Tax Amount without SOH: $0
2013 Tax Bill Amount SO
Tax Estimator
Save Our Homes Savings: 30
Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
s0
SO
s0
Schools
s0
s0
SO
Fire Fund
$0
s0
s0
City Winter Springs
s0
s0
s0
Winter Springs Bonds
s0
$0
SO
SJWM(Saint Johns Water Management)
Sol
Sol
SO
County Bondsl
Sol
Sol
SO
Sales
Deed
I Date
I Book
I Page
I Amount
I Vac/Imp
QualifiedSPECIAL
WARRANTY DEED
01/20141
081901
21031
5,452,700
Vacant
No
QUIT CLAIM DEED
O112014
08190
0112
5100
Vacant
No
Find Comparable Sales within this Subdivision
Land
Method Frontage Depth Units Unit Price Land Value
Building Information
tk Description
Year Built
Fixtures
Base
Total
Living
Ext
Adj
Repl
Appendages
!E
Actua ffective
Area
SF
SF
Wall
Value
Value
Description Area
http://www.scpafl.org/ParcelDetails.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014
SCPA Parcel View: 25-20-31-5BA-0000-020C
Page 2 of 2
Permits
Permit # Type Agency Amount CO Date Permit Date
Extra Features
Description Year Olt Units Value Cosi New
< Back I Save Layout I Reset Layout I New Search
http:/1www.scpafl.org/PareelDeWls.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014
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LCPAParcel View: 03-21-31-300-0030-0000
Page 1 of 2
lRAO�PER'[Y
SFl+MNOLE cormrty, Fr(xrir2a
Parcel;03-21-31-300-0030-0000
Property Record Card
Parcel: 0 3- 21-31- 3 0 0- 00 3 0 -0 0 0 0
Owner: TAYLOR MORRISON OF FL INC
Property Address: 1550 DE LEAN ST OVIEDO, FL 32765
Property Address: 1550 DE LEON ST
Owner. TAYLOR MORRISON OF FL INC
Mailing: 151 SOUTHHALL LN STE 200
MAITLAND, FL 32751
Subdivision Name: (View PI
Tax District: 01-COUNTY-TX DIST I
Exemptions:
DOR Use Code: 01-SINGLE FAMILY
�s CRESS RUN
Ai
W
7i 1
FS
t�
P. C
Map I Aerial Both Footprint t Extents Center
Larger Map I Advanced Map I Dual Map View - External
Legal Description
SEC 03 TWP 21S RGE 31E S 112 OF SE 114 OF SW 114 OF NW 1/4 (LESS RD)
Tax Details
EXHIBIT "Ell
2014 Working
Values
2013 Certified
Values
Valuation
Cost/Market
Cost/Market
Method
Number o
Buildings
1
1
Depreciated
$31.254
$29,529
Bldg Value
Depreciated
EXFT Value
$1,123
S1,123
Land Value
(Market)
$202.950
$196,380
Land Value Ag
Just/Market
Va u ..
S235,357
S227,032
Portability Adj
Save Our Homes
so
$0
Adj
Amendment 1
so
s0
Adj
Assessed Value
$235,357
5227,032
Tax Amount without SOH: S 3,634
2013 Tax Bill Amount 53,634
Tax Estimator
Save Our Homes Savings: $0
• Does NOT INCLUDE Non Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
5235,357
$0
$235,357
Schools
$235,357
so
$235,357
Fire
$235,357
s0
$235,357
Road District
$235,357
so
S235,357
S1WM(Sa1nt johns Water Management)
$235,357
SO
$235,357
County Bondsi
$235,357
S0
$235,357
Sales
Deed
Date
Book
Page
Amount
Vac/Imp
Qualified
QUITCLAIM DEED
0112014
08190
0112
$100
Improved
No
SPECIAL WARRANTY DEED
01/2014
08190
0103
S5,4S2,700
Improved
No
SPECIAL WARRANTY DEED
11/2013
08165
1Q.5 4
S100
Improved
Nc
CORRECTIVE DEED
08/2013
08121
1172
$100
Improved
No
SPECIAL WARRANTY DEED
07/2012
aso4o
2 Q
$100
Improved
No
SPECIAL WARRANTY DEED
05/2012
07ZZRI
JL7Z
$245,000
Improved
No
CERTIFICATE OF TITLE
03/2012
07740
QkIQ
$100
Improved
No
WARRANTY DEED
11/1998
03531
1168
$185.000
Improved
Yes
SPECIAL WARRANTY DEED
08/1997
63293
1722
$100
Improved
No
SPECIAL WARRANTY DEED
08/1997
03293
171
Slob
Improved
No
WARRANTY DEED
03/1992
02415
1454
5147,500
Improved
Yes
QUIT CLAIM DEED
03/1991
02284
0049
$100
[mpro
Find Comparable Sales within this Subdivision
ved No
http:/lwww.sepafl.org/ParceiDetails.aspx?PID=03-21-3i-300-0030-boob&PRINT=YES 1/30/2014
http:/lwww.sepafl.org/ParceiDetails.aspx?PID=03-21-3i-300-0030-boob&PRINT=YES 1/30/2014
SCPA Parcel View: 03-21-31-300-0030-0000
Page 2 of 2
Land
Method
I Frontage
I Depth
I Units
Unit Price
Land Value
ACREAGE
01
0
.146
45,000.00
$6,570
ACREACEI
01
01
4,364145,000.00
$196,580
Building Information
# Description
Year Built
Actu.Ij ff.ctive
Fixtures
Base
Area
Total SF
Living
SF
Ext Wall
Adj
value
Repl
Value
ends
Appendages
1 SINGLE
1965
12
1,888.00
2,680.00
2,572,00
CONC
$31,284
$44,062
Description Area
FAMILY
BLOCK
UTILITY
108
FINISHED
UPPER STORY 684
FINISHED
Permits
Permit # Type Agency I Amount I CO Date Permit Date
04301Addition - Residentiall Countyl $2,400 11/01/1994
Extra Features
Description Year Sit Units I Value Cost New
ALUM UTILITY BLDG W/CONC FL 19791 4321 $1,123 52,806
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http://www.sepafl.org/PareelDetails.aspx?PID=03-21-31-300-0030-0000&PRINT=YES 1/30/2014
SCPA Parcel View: 25-20-31-5BA-0000-020C
Page 1 of 2
CM-" -kovlr- , ,�yq Property Record Card
PROPERTY Parcel: 25-20-31-5BA-0000-020C
APPRAISER Owner: TAYLOR MORRISON OF FL INC
sk-PAO-" F CAXJNTY Ft ORIDA Property Address: FL
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Parcel: 2 5-2 0- 31-5BA-0000-020C
Property Address:
Owner: TAYLOR MORRISON OF FL INC
Mailing: 151 SOUTHHALL LN STE 200
MAITLAND, FL 32751
Subdivision Name: BLACK HAMMOCK
Tax District: W1-WINTER SPRINGS
Exemptions:
DOR Use Code: 00-VACANT RESIDENTIAL
r1
M�J
H
N
Z
W 0 a
we
Map I Aerial I Both I Footprint I + Extents Center
Larger Map I Advanced Map I Dual Map View - Extemal
Legal Description
PORTION OF VACATED RD N OF LOT 20 BLACK HAMMOCK PB 1 PG 31
Tax Details
2014 Working
Values
2013 Certified
Values
Valuation
Method
Cost/Market
Number of
Buildings
0
Depreciated Bldg
Value
Depreciated EXFT
Value
Land Value
(Market)
Land Value Ag
lust/Market
Value *"
$0
PortabiIlry Adj
Save Our Homes
Adj
$0
Amendment 1
Adj
S0
P&G Adj
s0
Assessed Value
$0
Tax Amount without SOH: $0
2013 Tax Bill Amount $0
Tax Estimator
Save Our Homes Savings: $0
" Does NOT INCLUDE Nor Ad Valorem
Assessments
Taxing Authority
Assessment Value
Exempt Values
Taxable Value
County General Fund
SO
$D
$0
Schools
so
SO
s0
Fire Fund
$0
s0
s0
City Winter Springs
$0
SO
s0
Winter Springs Bond sl
Sol
Sol
0
SJWM(5aint johns Water ManagEment)l
Sol
Sol
s0
County Bondsi
Sol
50
$0
Sales
Deed
Date
I Book
I Page
Amount
Vaclimp I Qualified
SPECIAL WARRANTY DEEDI
01120141
08190
0103
$5,452,700
Vacantl No
QUIT CLAIM DEEDI
01120141
aLl2al
0112
$1001
Vacant No
Find Comparable Sates witnm tuts_>upQ v I n
Land
Method Frontage Depth Units Unit Price Land Value
Building Information
# Description
Year Built
Fixtures
Base
Total
Living
Ext
Adj
Repl
Appendages
Actual/E_ffective
Area
SF
SF
Wail
Value
Value
Description Area
http://www.scpafl.orgIParcelDetails.aspx?PID=25-20-31-5BA-0000-02OC&PRINT=YES 1/30/2014
SCPA Parcel View: 25-20-31-5BA-0000-020C
Page 2 of 2
Permits
Permit # Type Agency Amount CO Date Permit Date
Extra Features
Description Year Olt Units Value Cosi New
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EXHIBIT 'T"
This instrument was prepared by and return to:
Dwight D. Saatho'ff, Esq.
7575 Dr. Phillips Blvd., Suite 265
Orlando, FL 3281',9
MARYANNE MORSE, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
BK 88138 Pgs 1399 - 1411; (13pgs)
CLERK'S # 20131 28507
RECORDED 10/0718813 @8127:15 AM
RECORDING FEES 112.80
RECORDED BY H DeVore
DECLARATION OF RESTRICTIVE COVENANTS
THIS !DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is
made and entered into effective as of the 5 r day of Qg�v-4 -- , 2013, (the "Effective Date")
by AMERICAN LAND INVESTMENTS OF CENTRAL FLORIDA, LLC, a Florida limited
liability limited company ("American Land" or "Owner").
RECITALS:
A. American Land owns fee simple title in and to the real property described in Exhibit
"A" attached hereto (the "Mermel Property").
B. In conjunction with annexing the Mermel Property into the City of Winter Springs,
American Land entered into a tri-party agreement by and between the City of Winter Springs,
Florida (the "City"), Seminole County, and Owner entitled "Agreement between Seminole County,
Winter Springs, and American Land Investments of Central Florida, LLC Related to the Mermel
Property," dated September 5, 2013, which was approved by both the Seminole County
Commission and the City of Winter Springs City Commission, a copy of which is attached hereto as
Exhibit "B" (','Tri-Party Agreement").
C. The Tri-Party Agreement contains certain restrictions affecting development of the
Mermel Property and an obligation that Owner memorialize those restrictions through the execution
and recording of restrictive covenants.
D. Owner now desires to further restrict development of the Mermel Property by
imposing additional covenants and restrictions, as further described herein.
COVENANTS:
NOW, THEREFORE, Owner does hereby declare, covenant and agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into
and made a part of this Declaration.
2. ,Use Restrictions. Owner hereby declares, covenants and agrees to restrict the use
and development of the Mermel Property by imposing the following restrictions (collectively, the
"Restrictions"):
(a) The restrictions on use enumerated as Items (1) through (6) in Section 2(b)
of the Tri-Party Agreement.
{27169935;5}
(b) All parking areas located on the Mermel Property will be constructed using
pervious paving materials if, and to the extent permitted, by the City.
3. Assignment to HOA. Owner may unilaterally transfer all or a portion of its rights
and obligations under this Declaration to a homeowners' association duly created by Owner for, and
with respect to, the Mermel Property and adjacent parcels which, with the Mermel Property, are
developed as a'',residential subdivision ("HOA").
4. Choice of Law and Venue. This Declaration shall be construed and interpreted
under the lawsof the State of Florida, without giving effect to principles of conflict of laws, except
where specifically pre-empted by Federal law. Venue with respect to any state or federal litigation
in connection with this Declaration shall lie exclusively in Seminole County, Florida.
5. Modification; Other Covenants. The Restrictions cannot be altered or amended
except by written instrument executed by the Owner (or its respective successors or assigns), the
City and Seminole County.
6. Exhibits. All exhibits referred to herein and attached to this Declaration are hereby
incorporated fully into and made part of this Declaration.
7. Runs with the Land. It is the Owner's intent that this Declaration and the
obligations hereunder shall run with the land and with the title to the Mermel Property, shall be
binding upon all parties having or acquiring any right, title or interest in any part of the Mermel
Property described herein or in any part thereof, and shall benefit the City and Seminole County.
Other than the '',City and Seminole County, there are no third party beneficiaries of this Declaration
and nothing contained in this Declaration is intended to create any rights in the general public.
8. Recording. This Declaration shall be recorded in the Public Records of Seminole
County, Florida; at the cost of the Owner.
9. Interpretation. Captions and section headings contained in this Declaration are for
convenience of reference only. They do not define, describe, extend or limit the scope or intent of
this Declaration or any provision hereof. The terms "herein," "hereby," "hereof," "hereto,"
"hereunder" and any similar terms refer to this Declaration in its entirety and not solely to the
particular section or paragraph in which the term is used. All terms and words used in this
Declaration, regardless of the number and gender in which used, shall be deemed to include any
other gender or number as the context or the use thereof may require. The invalidity or
unenforceability of any provision of this Declaration shall not affect the other provisions hereof, and
this Declaration shall be construed in all respects as if such invalid or unenforceable provision was
omitted.
[The remainder of this page is blank. This Declaration continues on the next page.]
{27169935;5} 2
IN WITNESS WHEREOF, Owner has caused this Declaration to be executed by its
undersigned representative, hereunto duly authorized, on the date or dates set forth below and with
the intent that this Declaration shall take effect on and as of the Effective Date.
WITNESSES:
Witness Sig ature
Printed Name: 70+Vlo✓' `•,��
Witness Sig ure
Printed Name: 5 ✓s str/ f c e 20 e
STATE OF FLORIDA
ss:
COUNTY OF ORANGE
AMERICAN LAND EWESTMENTS OF
CENTRAL FLORIDA, LLC,
a Florida limited liability company
B �"
Y•
Dwight Saathoff, naging Member
Date: 0C-W, eP- J , 2013
The foregoing instrument was acknowledged before me this 3 "O day of Obroae n, 20l5 by
yr t G N 7 S 4 -q 140 off, the 14 a a✓A 6,m a n e w0 ttt of American Land Investments of Central Florida, LLC,
a Florida limited liability limited company, on behalf of the said corporation. He [] is
personally known to me, or [] produced a Florida Driver's License for identification.
j / 5
NOTARY STAMP:
NOTARY PUBLI
Print Name:
SUSAN J GORDON My Commission Expires:
Notary Public - State of Florida
My Comm. Expires Nov'14, 2014
'1 111 FP, Commission # EE 41705
{27169935;5}
6
ESffE_PC�l ANT .17ESCRI.PTION WGIBILITY UN SATISFACT®Ry
NOT A BOUNDARY SURVEY FOR SCANNING -
DESCRIPTION AS FOLLOWS:
A portion of the South 112 of the Southeast 114 of the Southwest 114 of the Northwest 114 of
Section 3, Township 21 South, Range 31 East lying West of Deleon Street(40.00 feet right-of—way)
being more particularly described as follows:
Commence at the West 114 corner of Section 3, Township 21 South, Range 31 East, Seminole
County, Florida; Thence run N89'41'15"E, along the East—West center section line of said Section 3,
660.33 feet to Point of Beginning being on the West line of the South 112 of the Southeast 114 of
the Southwest 114 of the Northwest 114 of said Section 3; Thence run NOO'29'27"W, along said West
line, 309.35 feet; Thence run N89'4028"E, 635.30 feet to a point 5.00' West of the West
right—of—way line of Deleon Street(40.00 feet right—of—way); Thence run S00'29'49"E, parallel to and
5.00 feet Westerly of said right—of—way line, 309.49 feet; Thence run S89"41'15"W, 635.33 feet to the
Point of Beginning. containing 196,579 square feet or 4.51 acres more or less.
P. 0. C.
REC 4"x41CM
au WEST 1/4 CORNER
SECTION 3-T21S-R31F
z
FLORIDA AVE{i
FE_M
25.00'
NOT PLATTED
EAST —WEST CENTER SECTION LINE
SEC77ON 3—T21S—R31E
GR USETNME'YETR
P
= PLAT
F
FIELD
RON PIPE
I.R.
=RON ROD
I
C.M.
= CONCRETE MONUMENT
SET I.R.
= 1/2 IR. w/ALB 4596
REC.
a RECOVERED"
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
CE
= CENTERLINE
N&D
= NAIL & DISK
R/W
RIGHT-OF-WAY
Eli
= EASEMENT
DRAW.
a DRAINAGE
UTIL
m UTILITY
CLFC.
= CHAIN UNK FENCE
WD.FC.
WOOD FENCE
C/B
= CONCRETE BLACK
P.C.
a POINT OF CURVATURE
P.T.
= POINT OF TANGENCY
DESC.
DESCRIPTION
O.R.
OFFICIAL RECORDS
I / _2/_
SCALE:
T " = 20O'
NORTH
w�
NOT PLATTO
N 89°40'28" E
,w° x
635.30'
m
SEE NOTE09
j�
o b
O
SOUTH 1/2, SOUTHEAST 1/4,
0
ca Q
t
r� p SOUTHWEST 1A NORTHWEST 1/4
SECTION 3-T21 S-R31 E
O °
O
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WEST LINE, SOUTH 1/2, SOUTHEAST 114,
SOUTHWEST 1/4, NORTHWEST 1/4CO
p A
SECTION 3-T21S-R31E
P.O.B.
635. 33
1
LOT 20 25.00'
(P.B.1, PAGE 31)
- SCOTT & ASSOC., INC. -- LAND SURVEYORS
LDEND
5400 E. COLONIAL DR. ORLANDO. FL. 32807 (407)-277-3232 FAX (407)-658-1436
R
L
RR
n ARC LENGTH
CERTIFICATE OF AUTHORIZATION — LB 4596
D
= DE1TA
NOT&S:
C
m CHORD
1. THE UNDERSIGNED DOES HEREBY CERMY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL
C.B.
= CHORD BEARING
STANDARDS SET FORTH .BY 771E FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
P.O.L
POW ON LINE
5J-17 FLOROA ADMINISTRATIVE CODE.
TYP•
P.R.C.
= TYPICAL
= POINT OF
Z UNLESS EMBOSSED WITH SURVEYORS SEAL, THIS SKETCH IS NOT VALID AND is PResam FOR
P.C.C.
D CURVATUTURERE
= POINT OF COMPOUND CURVATURE
COMPOFIEVERSUND
INFORMATIONAL PURPOSES ONLY.
RAD.
= RADIAL
3. THIS SKETCH WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THE SURVEYOR. THERE
N.R.
NON -RADIAL
MAY BE 07NM RESTRICTIONS OR M04DM THAT AFFECT THIS PROPERLY.
W.P.
CALC.
= WITNESS POINT
a CALCULATED
4. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
P.R.M.
F.F.
s PERMANENT REFERENCE: MONUMENT
= FINISHED FLOOR ELEVATION
5. THIS SKETCH IS PREPARED FOR THE SOLE SENETRT OF THOSE CERTIFIED TO AND SHOULD NOT BE
B.SL
= WL.DING SETBACK LINE
RELIED UPON BY ANY OTHER ENTRY.
B.N.
= BENCHMARK
6. DIMENSIONS SHOWN FOR 774E LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO
B.B.
a ME BEARING
RECONSTRUCT BOUNDARY LINES.
G.
CHARNN
= F9D.00DINSURANCE RATE MAP
7. BEARINGS, IF SHOWN, ARE BASED ASSUMED DATUM AND ON THE UNE SHOWN AS ME BEARING (B.$.)
a IDENTIFICATION
8. ELEWTONS IF SHOWN, ARE BASED ON NGVD 1929, UNLESS OTHERWISE NOTED.
NE.
CDR
= CORNER
9. LINE BASED ON SECTION BREAKDOWN BY OTHERS AS SHOWN IN BOUNDARY LINE AGREEMENT PER
CERTIFIED
BY
OA 7555 PACE 1331 FOR CITY OF WINTER SPRINCS
R
R.L.S. if AN �f_ DATE ORDER
JAMES W. SCOTT R.L.S # 4801 TOM X. GRUSENMEYER, R.L.S. # 4714 j 06-11-2013 1 3946-13
SKETCH AND DESCRIPTION FOR/CERTIFIED TO: QAM oP r c
AGREEMENT BETWEEN SENJ HOLE 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 Ye4tei�r Le r , 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," SEIVIINOLE 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."
WITNESSETH:
WHEREAS, the PROPERTY OWNER owns or controls certain real property located in
Seminole County, Florida consisting of approxim&ely 4.51 +/- acres, as described in Exhibit A
attached hereto and incorporated herein by reference, hereinafter referred to as the "Mermel
Property"; and
WHEREAS, the Mermel Property is assigned the Seminole County Rural-3 future land
use designation which permits development of up to 1 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"Seriinole County
Home Rule Charter; and CERTIFIED COPY
MARYANNE MORSE
CLE OF CfRCUI OLERT
Mermel Property Agreement SEMlI 0 E COUNT 10RIDA
Pagel of 8
B.X
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
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 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 will hold a second Public Hearing 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 that would permit higher intensity land uses including: R-C l
(Winter Springs), single family dwelling to the north; R-1 (Oviedo), low density single family
residential to the south; and R-lA (Winter Springs), low density single family residential to the
west; and
Mermel Property Agreement
Page 2 of 8
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 Cities of Winter Springs and Oviedo, which is
expected to receive Preliminary Subdivision Plan approval from the CITY on September 9, 2013
and which received approval from the City of Oviedo on August 5, 2013 for those portions of the
development located within the jurisdictional limits of Oviedo; and
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 mutual covenants and promises by and
between the parties hereto, and for other good and valuable consideration, each to the other
provided the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
Section 1. Recitals. The above recitals are true and are incorporated herein as
legislative findings.
Section 2. PROPERTY OWNER's Responsibilities.
(a) The PROPERTY OWNER acknowledges that the Mermel Property is located
within the Rural Area as established within the Seminole County Home Rule Charter. The
PROPERTY OWNER 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
Mermel Property Agreement
Page 3 of 8
e
Area, and that the Board of County Commissioners must approve all changes to the future land
use designations within the Rural Area.
(b) With regard to the Mermel Property particularly described in Exhibit A and with
the consent of the COUNTY and the CITY, the PROPERTY OWNER has voluntarily requested
and agreed to limit the development of the Mermel Property as follows:
(1) Stormwater retention facilities, internal access drive and utilities
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;
(4) The Mermel Property shall not have any structure requiring a building
permit nor any residential lot or part thereof;
(5) The only artificial lights permitted on the Mermel Property shall be
security lighting which shall comply with the International Dark Skies Association standards;
and
(6) 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. Said restrictive covenants will be
subject to the approval of the COUNTY and the CITY, and such approval shall not be
Mermel Property Agreement
Page 4 of 8
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 Responsibilities.
(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.
Section 4. COUNTY's Responsibilities. 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
Mermel Property Agreement
Page 5 of 8
of the aforementioned Ordinance is a material 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 the
execution by all three parties.
Section 6. Notices. Whenever any party desires to give notice unto the other, it must be
given by written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended at the place last specified and the place for giving
of notice shall remain such until it shall have been changed by written notice in compliance with
the provisions of this Section. For the present, the parties designate the following as the
respective places for giving of notice, to wit:
For COUNTY:
Development Services Department
1101 East First Street
Sanford, Florida 32771
For CITY:
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
For PROPERTY OWNER:
American Land Investments of Central Florida, LLC
7575 Dr. Phillips Boulevard, Suite 265
Orlando, Florida 32819
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) is found to be invalid or illegal, then the entire Agreement shall be null and void.
Section 8. Entire Agreement.
Mermel Property Agreement
Page 6 of 8
(a) It is understood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof.
(b) .Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
Section 9. Disclaimer of Third Parties. No third party shall have any rights hereunder
or as a result of this Agreement or any right to enforce any provisions of this Agreement.
[Balance of this page left intentionally blank]
Mermel Property Agreement
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
for the purposes stated herein.
Wi
Print Name
Wim SS
Print Name
ATTEST:
MpXY.A MORSE
Clerk- to the Board of
'County Commissioners of
"Seminole County, Florida.
AMERICAN LAND INVESTMENTS OF
CENTRAL FLORIDA, INC.
By:
Title: _
Printed Name
Date:
CITY OF VVINTER SPRINGS
By:
C ES LA OR
Date: September 4, 2. 33
BOARD OF COUNTY COMMISSIONMRS
Date: q ,S - /j
For the use and reliance As authorized for execution by the Board of County
Seminole County only. Commissioners at its -2. ;7 , 20�
regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
Attachment:
Exhibit A Legal Description
MCC
8/21/13
P:\LJsers\L.egal Secretary CSB\Plauniug & DeveIopmentWermel Property Agreement (1).docx
Mermel Property Agreement
Page 8 of 8
a 0
ISZETCH AND .DESCRIPTION LEGIBILITY uNSATISFACTURY
NOT A BOUNDARY SURVEY FOR SCANNING
DESCRIPTION AS FOLLOWS:
A portion of the South 1/2 of the Southeast 114 of the Southwest 1/4 of the Northwest 1/4 of
Section J. Township 21 South, Range 31 East lying West of Deleon Street(40.00 feet right—of—way)
being more particularly described as follows:
Commence at the West 1/4 corner of Section 3, Township 21 South, Range 31 East, Seminole
County, Florida; Thence run N89'41'15"E, along the East—West center section line of said Section 3,
660.33 feet to Point of Beginning being on the West line of the South 1/2 of the Southeast 1/4 of
the Southwest 1/4 of the Northwest 1/4 of said Section 3; Thence run N00'2927"W, along said West
line, 309.35 feet; Thence run N89'40'28"E, 635.30 feet to a point 5.00' West of the West
right—of—way line of Deleon. Street(40.00 feet right—of—way); Thence run S00'29'49"E, parallel to and
5.00 feet Westerly of sold right—of—way line, 309.49 feet; Thence run S89'41'15"W, 635.33 feet to the
Point of Beginning, containing 196,579 square feet or 4.51 acres more or less.
P.D.C.
REC 4'i44 CM
W WEST 114 CORNER
SECTION 3—T21 S—R31 E
FLORIDA AVE(I
9 11 L 25.00'
C�1 O
0
NOT PLATTED c0
EAST —WEST CENTER SECTION LINE �q
SECTION 3—T21S—R31E
P.0.8,
NOT PLATTED
N 89`40'28" E
635.30'
NOTE#9
SOUTH 1/2, SOUTHEAST 1/4,
SOUTHWEST 1/4, NORTHWEST 1/4
SECTION 3—T21S—R31E
WEST LINE SOUTH 1/2, SOUTHEAST 1/4,
SOUTHWEST 1/4, NORTHWEST 1/4
SECTION 3—T21S—R31E
LOT 20
(P.B.1, PAGE 31)
S 89041 ' 15" W
635.33'
w
c
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w �
5.00'
25.00,
CR USENMEYER -
SCOTT &
ASSOC., INC. - SAND SURVEYORS
LEGEND —
LECENn —
5400 E. COLONIAL DR. ORL.ANDO, FL. 32807 (407)-277-3232 FAX (407)-658-1436
F
a Fay
L
m ARC'
CERTIFICATE OF AUTHORIZATION — LB 4596
I.P.
IRON PIPE
D
LENGTH
m DELTA
NOTlRI,
I.R.
= IRON ROD
C
m CHORD
1. THE UNDERSIGNED DOES HEREBY CERTIFY TH4T THIS SKETCH MEETS THE MINIMUM TECHNICAL
C.M.
CONCRETE MONUMENT
C.B.
= CHORD BEARING
STANDAROS SET FORTH.BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
SET I.R,
1/2• I.R. w/#LB 4596
P.O.L.
= POINT ON LINE
5J-17 FLORIDA ADMINISTRATIVE CODE.
REC.
P.O.S.
= RECOVERED
= POINT OF BEGINNING
TYP.
P.R.C.
TYPICAL
= POINT OF REVERSE CURVATURE
2. UNLESS EMBOSSED WITH SURVEYORS SEAL, THIS SKETCH IS NOT VALID AND IS PRESENTED FOR
INFORMATIONAIL PURPOSES ONLY.
P.O.C.
. POINT OF COMMENCEMENT
P.C.C.
= POINT OF COMPOUND CURVATURE
%
= CENTERLINE
PAD.
_ RADIAL
3, TM$ SKETCH WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THE SURVEYOR. THERE
N&D
m NAIL & DISK
N.R.
= NON -RADIAL
AIRY BE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS PROPERLY.
R/W
ESMT,
= RIGNT-OF-WAY
= EASEMENT
W.P.
CALC,
WITNESS POINT
= CALCULATED
4. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
DRAIN.
UTIL•
s DRAINAGE
UTILITY
P."
F.F.
PERMANENT REFERENCE MONUMENT
= FINISHED FLOOR ELEVATION
5. THIS SKETCH IS PREPARED FOR THE SOLE BENEFff OF THOSE CER17no TO AND SHOULD NOT 6E
CLFC.
m
CHAIN LINK FENCE
B.S.L.
BUILDING SETBACK LINE
RELIED UPON BY ANY OTHER END1Y,
WOSO.
- WOOD FENCE
B.M.
BENCHMARK
6. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO
C/B
CONCRETE BLOCK
B.B.
m BASE BEARING
RECONSTRUCT BOUNDARY LWES.
P.C.
P.T.
a PONT OF CURVATURE
= POINT OF TANGENCY
CDNC.
FIRM
CONCRETE
= FLOOD INSURANCE RATE MAP
7, BEARINGS, IF SHOWN, ARE BASED ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING (8.8.)
DESC.
= DESCRIPTION
LO.
= IDENTIFICATION
8. ELEVAAONS, W SHOWN. ARE BASED ON NGVD 1929, UNLESS OTHERWISE NOTED.
O.R.
o OFI-lCV4 RECORDS
COR
_ CORNER
O
Q. LINE BASED ON SECTION BREAKDOW14 BY MOM As SHOWN IN BOUNDARY UNE AGREEMENT PER
• e�...��
CERTIFIED 8Y,
O.R. 7555, PACE 1331 FOR CRY OF MNTER SPRINGS
R.L.S.
GATE
ORDER #
TAMES W. SCOTT, R.LS # 4601
TOM X. GRUSENMEYER, R.L.S. If 4714-
06-11-2013
3946-13
SCALE:
1 = 200'
SKETCH AND DESCRIPTION FOR/CERTIFIED TO: "INC.
NORTH
DEVELOPMENT