HomeMy WebLinkAbout2016 06 13 Public Hearing 400 Ordinance 2016-06, Second Reading, Southern OaksCOMMISSION AGENDA
ITEM 400
REQUEST:
Informational
Consent
Public Hearings
X
Regular
June 13, 2016 KL KL
Regular Meeting City Manager Department
The Public Works Department requests the City Commission hold a public hearing for the
second reading and approval of Ordinance 2016 -06 for conveyance of a 2 -acre parcel to
Taylor Morrison of Florida, Inc.
SYNOPSIS:
Taylor Morrison previously received City approval to construct a dry retention pond on City
property located north of the proposed Southern Oaks subdivision. Ordinance 2016 -06
authorizes the City to convey the 2 -acre dry retention pond parcel to Taylor Morrison.
CONSIDERATIONS:
. Southern Oaks is a single - family residential development by Taylor Morrison that is
proposed to be constructed partially in the City of Winter Springs and partially in the
City of Oviedo. The portion of the development that is proposed in Winter Springs
consists of 54 homes on 33.30 acres, and is located north of SR 434 and west of the
intersection of DeLeon Street and Cress Run.
At the March 10, 2014 City Commission meeting, the Commission approved a
request by Taylor Morrison to construct a dry retention pond to be located on City
owned property located to the north of the development (Solary Canal Regional
Stormwater Treatment Area). This approval allowed the engineer to lower the ground
elevation of the proposed lots adjacent to Barrington Estates to within 1.5 - 2.5 feet of
the existing lots in Barrington Estates. Without this agreement, the new lots in
Southern Oaks would have been approximately 6 - 7 feet higher than those in
Public Hearings 400 PAGE 1 OF 3 - June 13, 2016
Barrington Estates. In addition, the agreement allows for a higher level of stormwater
treatment.
. At the June 22, 2015 City Commission meeting, the Commission approved the Final
Engineering plans and a Developer's Agreement for Southern Oaks. The Developer's
Agreement included all terms and conditions for Taylor Morrison's proposed usage of
the City property, which included payment to the City in the amount of $125,000 for
the use of the City property.
. The St. Johns River Water Management District purchased the 29 -acre Solary Canal
property in January 2005 for $1.82 million using "Florida Forever" state funds. In
January 2010, prior to construction of the Solary Canal Stormwater Treatment Area,
the District conveyed the 29 -acre property to the City by quit -claim deed. The quit-
claim deed included a reverter clause that requires the City to return the land to the
District if the City failed to construct, maintain, and operate the Stormwater
Treatment Area.
. The District's legal department reviewed Taylor Morrison's proposed usage of the
City property and determined that the dry retention pond could not be constructed on
the 2 -acre area, as initially approved by the District's engineering staff, without a
partial release of the reverter clause covering the 2 -acre area over the proposed dry
retention pond. A partial release of the reverter requires reimbursement to the District
of the original purchase price of the land plus interest, which for the 2.02 -acre dry
retention pond now has a total cost of $195,555. This reimbursement is necessary
because the land was originally purchased by the District using Florida Forever
funds.
. At the May 9, 2016 City Commission meeting, the Commission approved a revised
Developer's Agreement that defined the new terms and conditions of Taylor
Morrison's proposed use of the City property, including:
• Taylor Morrison to pay the City $215,110.50, consisting of the original land
purchase price plus interest in the amount of $195,555 plus a 10% fee for
administration and acquisition of the City property.
• The City will submit payment to the District in the amount of $195,555 for
partial release of the reverter.
• The District will release the reverter and enter into an agreement with the City
to reimburse the City for stormwater improvements to be implemented over the
next two years at the Solary Canal site and other locations, subject to District
approval, in the amount of up to $195,555.
• After the District releases the reverter and executes the agreement for
stormwater improvements, the City will convey the 2.02 -acre dry pond area to
Taylor Morrison.
. At the May 9, 2016 City Commission meeting, the Commission approved the first
reading of Ordinance 2016 -06 (Attachment B). This agenda item is for the second
reading and approval to convey the 2.02 -acre dry retention area from the City to
Taylor Morrison.
. Once the conveyance of the 2.02 -acre pond parcel is complete, Taylor Morrison can
proceed with sitework on the Winter Springs portion of the Southern Oaks
development.
Public Hearings 400 PAGE 2 OF 3 - June 13, 2016
FISCAL IMPACT:
The revised Developer's Agreement (approved on May 9, 2016) and Ordinance 2016 -06
have a net positive fiscal impact consisting of a $19,555.50 cash payment to the City plus
up to $195,555 of stormwater improvements eligible for reimbursement by the St. Johns
River Water Management District.
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
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 six (6) 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 the City Commission approve the second reading of Ordinance 2016 -06.
ATTACHMENTS:
A - Copy of Legal Ad
B - Ordinance 2016 -06 (5 pages)
Public Hearings 400 PAGE 3 OF 3 - June 13, 2016
ATTACHMENT B
ORDINANCE NO. 2016-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE CITY PURSUANT TO SECTION 4.14 OF THE CITY OF
WINTER SPRINGS CHARTER TO CONVEY 2.0168 ACRES
OF REAL PROPERTY, MORE OR LESS, WHICH WAS
OBTAINED BY THE CITY OF WINTER SPRINGS FROM
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
FOR STORMWATER PURPOSES; PROVIDING SAID
CONVEYANCE SHALL BE TO TAYLOR MORRISON OF
FLORIDA, INC. SUBJECT TO A DEVELOPER'S
AGREEMENT BETWEEN TAYLOR MORRISON OF
FLORIDA, INC. AND THE CITY WHICH GENERALLY
PROVIDES THAT THE SUBJECT PROPERTY WILL BE
USED FOR STORMWATER PURPOSES RELATED TO THE
DEVELOPMENT OF A SINGLE FAMILY HOME PROJECT
ADJACENT TO THE SUBJECT PROPERTY; PROVIDING
FOR A TERMINATION OF CONVEYANCE AUTHORITY
GRANTED HEREUNDER IF SAID CONVEYANCE IS NOT
COMPLETED PURSUANT TO THE TERMS AND
CONDITIONS OF THE DEVELOPER'S AGREEMENT;
AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO FINALIZE AND EXECUTE ANY
DOCUMENTS TO COMPLETE THE RELEASE OF
REVERTER AND FUNDING AGREEMENT WITH ST.
JOHNS WATER MANAGEMENT DISTRICT AS APPROVED
AND SET FORTH IN THIS ORDINANCE; PROVIDING FOR
SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES, AND AN EFFECTIVE DATE.
WHEREAS, the City 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, on January 7, 2010, the City of Winter Springs ( "City ") obtained
approximately 28 acres of real property, more or less, from the St. Johns River Water Management
District ( "District") related to the construction of a regional stormwater project which is now
commonly known as the "Solary Canal Stormwater Project; and
WHEREAS, the aforesaid real property is subject to a deed covenant that requires the
property to be used for stormwater related improvements; and
Page 1 of 4
WHEREAS, a portion (2.0168 acre, more or less) of the aforesaid real property conveyed
to the City was not originally incorporated into the Solary Canal Stormwater Project; and
WHEREAS, the City Commission hereby finds that the City does not have a current need
to utilize the 2.0168 acres of real property for the Solary Canal Stormwater Project or for some other
stormwater purpose; and
WHEREAS, Taylor Morrison of Florida, Inc. desires to construct a single family home
development project adjacent to the aforesaid real property and has a current need to utilize the
2.0168 acres for a stormwater pond related to the development project; and
WHEREAS, the City Commission finds that Taylor Morrison of Florida, Inc.'s intended use
of the 2.0168 acres is consistent with the purpose of the original conveyance of the subject property
to the City and as such, the City Commission further finds that it is in the best interests of the
citizens of Winter Springs to permit Taylor Morrison of Florida, Inc. to utilize the 2.0168 acres of
real property for stormwater purposes under the terms and conditions of a Developer's Agreement
between Taylor Morrison of Florida, Inc. and the City, dated February 8, 2016; and
WHEREAS, the City Commission also finds that conveying the subject property to Taylor
Morrison of Florida, Inc. will serve a public purpose because said conveyance will not only provide
for enhanced stormwater treatment for the proposed development project using Outstanding Florida
Water stormwater treatment criteria with approval by the District, but it also provides an opportunity
for the City and the District to conduct additional maintenance and improvements to the Solary
Canal Stormwater Project; and
WHEREAS, in furtherance of the City Commission's findings, the City Commission hereby
determines that it is in the best interests of the City of Winter Springs to convey the 2.0168 acres
of real property, which is legally described herein, to Taylor Morrison of Florida, Inc. as provided
in this Ordinance; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Sale of Real Property. The City Commission of the City of Winter Springs
hereby authorizes the City to sell and convey the real property legally described on EXHIBIT `W'
attached hereto to Taylor Morrison of Florida, Inc. EXHIBIT "A" is hereby deemed fully
incorporated herein by this reference. Said conveyance and subject real property shall be subject to
the terms and conditions of the Developer's Agreement between the City and Taylor Morrison of
City of Winter Springs
Ordinance No. 2016- 06
Page 2 of 4
Florida, Inc., dated February 8, 2016.
Section 3. Termination of Conveyance Authority. The conveyance authority granted
pursuant to Section 2 of this Ordinance shall automatically terminate if the conveyance of the subject
real property does not occur pursuant to the terms and conditions of the Developer's Agreement.
If said termination occurs, this Ordinance shall be deemed null and void and no longer effective.
Section 4. Agreements with District. In conjunction with the conveyance authorized
with the conveyance authorized by Section 2 of this Ordinance, the City Manager and City Attorney
are authorized to finalize and execute whatever documents are necessary to complete the release of
the reversionary interest referred to in the Developer's Agreement. In addition, the City Commission
hereby approves the Agreement Between the St. Johns River Water Management District and the
City of Winter Springs For Stonmwater improvements to the Solary Canal Stormwater Project in the
amount of $195,555 which was presented by City Staff to the City Commission during the adoption
of this Ordinance. Said Agreement is subject to completing the conveyance of the subject property
to Taylor Morrison of Florida, Inc. pursuant to the terms and conditions of the Developer's
Agreement.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2016.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
City of Winter Springs
Ordinance No. 2016 -06
Page 3 of 4
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2016- 06
Page 4 of 4
EXHIBIT "A"
(Dry Pond Area)
SATTCII AjVD DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRIPTION AS FOLLOWS:
That part of the South 564.64 feet of the West 659.60 feet of the NW 114 of the NW 1/4 of Section 3, Township
21 South, Range 31 East, Seminole County, Florida, lying North of boundary line agreement per Official Records
Book 7555, Page 1331, Public Records of Seminole County, Florida.
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 N.00'29'25 "W., along the West line of said Section 3, a distance of 1,329.57 feet to the Southwest corner
of boundary line agreement per Official Records Book 7555, Page 1331, Public Records of Seminole County, Florida,
and the POINT OF BEGINNING; thence continue N.00'29'25 "W. along said West line, a distance of 180.02 feet; thence
N-90'00'001- a distance of 134.00 feet to the point of curve of a non tangent curve to the left, of which the
radius point lies N.49 °46'49 "E., a radial distance of 216.69 feet; thence Southeasterly along the arc, through a
central angle of 27 °40'37 ", a distance of 104.67 feet to the point of curve of a non tangent curve to the left, of
which the radius point lies N.15 °39'36 "F., a radial distance of 719.64 feet; thence Easterly along the arc, through a
central angle of 17'34'51", a distance of 220.82 feet to a point of compound curve to the left having a radius of
190.41 feet and a central angle of 55'47'22';' thence Northeasterly along the arc, a distance of 185.40 feet;
thence N.90'00'00 " E., a distance of 68.74 feet; thence S.00'2925 "E., a distance of 177.47 feet to the boundary
line per said boundary line agreement; thence 5.89'39'16 "W., along said boundary line, a distance of 659.60 feet to
the POINT OF BEGINNING.
Containing 87,851 square feet or 2,0168 acres, more or less.
REMAINDER
NW174, NW174
S 89'3a'S5° E
REC 4 .4 CM
1320.37'
NORTHWEST CORNER
SECTION 3- T215 -R31E
4.
REC NAIL & DISC
- FIELD
rn
k §ry b69
Ns
�u
o
C.M.
N 90'00'00" E .y,M • I � ,•
134.00 s A 'a
�Iau�,
n
C1 til Al ^ 1'•_ n
0
2 0
0 E
n
SITE
F PART OF WEST 659.60'
y
OF SOUTH 564.64'
2 1
5 89'3916" W 659.60'
sa'
m
= NAIL & DISK
= RIGHT -OF-WAY
N.R.
W.P.
(O CCUPIED} 660.3
EASEMENT
SOUTH LINE, NW 174, NW 174
SECTION 3- T27S -R31E
7�R
DRAIN.
UTIL
SOUTHWEST CORNER
OUNDARY LINE AGREEMENT
P.R.M.
F F.
R. BOOK 7555, PAGE 1337)
V�
P. 0. C.
B.S.L.
V
= WOOD FENCE
CONCRETE BLOCK
REC 4 iTCOR1
POINT OF CURVATU RE
I WEST 774 CORNER
� SEG710N 3- T215 -R31 E
OESC.
REMAINDER
NW174, NW174
SECTION 3- T21S -R3?E
P
N 90'00'00" E
z
68.74'
- FIELD
rn
in ,tio
a'p
Ns
�u
D
C
C.M.
CONCRETE MONUMENT
660.19'
SET I.R.
REC.
BOUNDARY LINE PER
P.O.L.
TYP,
BOVNOARY LINE AGREEMENT
- POINT OF BEGINNING
(O.R. BOOK 7555, PAGE 7331)
P.O.C.
Q
CURVE DELTA RADIUS LENGTH CHORD CHORD BEARING
CI 2740'37" 216.69' E 104.67' 1OJ.66' S 54'03'29°
C2 173451" 1 719.64' 1 220.82' 11 219.95' S 8307'48° E
C3 55'4722" 1 19041' 1 185.40' 1 178.16' N 60'11'05" E
GRUSENMEYER — SCOTT & ASSOC., INC. — LAND SURVEYORS
LEGEND -
LEGEND -
P
= PLAT
R
F
- FIELD
L
I.P.
I.R.
IRON PIPE
-IRON ROD
D
C
C.M.
CONCRETE MONUMENT
C.B.
SET I.R.
REC.
1/2" I.R. w / #LB 4596
= RECOVERED
P.O.L.
TYP,
P.O.B.
- POINT OF BEGINNING
P.R.C.
P.O.C.
Q
=POINT OF COMMENCEMENT
CENTERLINE
P.C.G.
RAD.
N &D
R/W
= NAIL & DISK
= RIGHT -OF-WAY
N.R.
W.P.
ESMT.
EASEMENT
CALC.
DRAIN.
UTIL
= DRAINAGE
UTILITY
P.R.M.
F F.
CL.FC.
CHAIN LINK FENCE
B.S.L.
WD.FC.
C/B
= WOOD FENCE
CONCRETE BLOCK
B.M.
B.B.
POINT OF CURVATU RE
CONC.
OESC.
POINT OF TANGENCY
DESCRIPTION
FIRM
ID,
SCALE:
NORTH
5400 E. COLONIAL DR, ORLANDO, FL. 32807 (407)- 277 -3232 FAX (407)- 658 -1436
= RADIUS CERTIFICATE OF AUTHORIZATION — LB 4596
ARC LENGTH
DE TA
CHORD
= CHORD BEARING
POINT ON LINE
TYPICAL
= POINT OF REVERSE CURVATURE
= POINT OF COMPOUND CURVATURE
RADIAL
NON- RA DIPL
WITNESS POINT
= CALCU IATED
PERMANENT REFERENCE MONUMENT
nNISHED FLOOR ELEVATION
BUILDING SETBACK LINE
BENCHMARK
= BASE BEARING
CONCRE E
ROOD INSURANCE RATE MAP
IDENTIFICATION
CERTIFIED BY:
JAMES W. SCOTT, R.L.S IT 4801
NOTES:
I- THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM 7ECHN7CA1
STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
N -17 FLORIDA ADMINISTRATIVE CODE,
2, UNLESS EMBOSSED WITH SURVEYOR'S SEAL, THIS SKETCH 1S NOT VALID AND IS PRESENTED FOR
INFORMATIONAL PURPOSES ONLY.
3. THIS SKETCH WAS PREPARED FROM TIRE INFORMATION FURNISHED TO THE SURVEYOR. THERE
MAY RE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS PROPERTY.
4, NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
5, THIS SKETCH IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE
RELIED UPON By ANY 07NER ENTITY,
6. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO
RECONSTRUCT BOUNDARY LINES.
7. BEARINGS, IF SHOWN, ARE BASED ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING (8.8.)
8- ELEVATIONS, IF SHOWN, ARE BASED ON NGVD 1929, UNLESS OTHERWISE NOTED.
R.L.S. if DATE ORDER j
TOM X. GRUSENMEYER, R.L.S. if 4714 1 01 -13 -2015 1 Tab -15
SKETCH AND DESCRIPTION FOR /CERTIFIED TO: L R
OF FLORIDA, INC.