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Home My WebLink About1996 05 13 Regular Item B i - t COMMISSION AGENDA ITEM B REGULAR X CONSENT INFORMATIONAL May 13. 1996 Meeting MGR . W fYI fDEPT, Authorization REQUEST: General Services Department (Land Managem.~.nt Division) recommending denial of the Bentley Homeowners Association request for the City to accept the Association's streets and stormwater management system for public ownership and maintenance as requested, and recommending in the alternative, conditions under which said request could be recommended. PURPOSE: The purpose'ofthis Board item is for the Commission to act upon a request of the Bentley Homeowners Association for the City to accept, for ownership and maintenance, the streets and stormwater management system located in that private subdivision platted in two (2) phases - Bentley Green Unit I and Bentley Club at Bentley Green, a private subdivision of 66 total lots platted in the Tuscawilla PUD. APPLICABLE CODE/PUBLIC POLICY: Code Section 9-77 - provides that "The City Commission may approve the final plat.... " This approval action is the avenue by which the City accepts improvements for public maintenance. These improvements are normally listed in the dedication block of the plat. Code Section 9-147(a) - dictates the minimum right-of-way and paving width (in feet) for minor streets (streets in this subdivision are minor streets) as follows: RIGHT-Of-WAY PAVING wlcurbs 50 wlo curbs 60 wlcurbs 24 wlo curbs 20 Code Section 9-157 - provides that, "....Private streets shall meet design/construction and inspection standards established for public streets unless waived by specific council action. ,. ~l May 13, 1996 AGENDA ITEM Page 2 Code Section 9-201.d.2 - provides standards for roadway subbase materials. Code Section 9-221(b) - provides that "Sidewalks shall be in all developments unless the city commission determines it to be in the interest and welfare of the environment to exempt same." Prior to Ordinance No. 467 enacted on March 26., 1990, this Code Section read "Sidewalks shall be required in all developments unless specifically excepted by the city council." The purpose of Ordinance No. 466 was to "specify conditions" under which the Commission would exempt sidewalks. In Ordinance No. 466 the Commis~!.on mandated the requirement of sidewalks on both sides of the street except where the developer could show that the placement of sidewalks would be detrimental to the environment. Examples of detriments to the environment may be: destruction of endangered plant or animal life, destruction of specific habitats, destruction of wetlands, etc. Code Section 9-241 - provides standards for stormwater management systems. Code Section 9-296 - depicts the typical street section for the fifty (50) foot right of way (minor street) requirement (Page 563 of the Code Book). NOTE: Ordinance No. 467, adopted by Commission action on March 26, 1990 changed what was then a typical street section for private subdivisions from a thirty (30) foot right of way to fifty (50) feet. Since that date, no private streets with a right of way ofless than fifty (50) feet has been permitted by the City. CONSIDERA TIONS: A. This item is needed to dispose of a request of the Bentley Homeowners Association to have the streets and stormwater management system in Bentley Green/Club subdivision accepted for public ownership and maintenance by the City. These facilities are currently privately owned by the Bentley Homeowners Association. This item is being presented to the Commission for their action because only the Commission can accept improvements for public ownership and maintenance. B. Chronology December 14, 1987 - Commission approves Fairway Lakes at Tuscawilla (now called Bentley Green) preliminary engineering with forty (40) foot right of way 'i ...;l May 13, 1996 AGENDA ITEM Page 3 yersus fifty (50) foot right of way and sidewalks only along Bentley Way (entryway). This project to be built in three (3) phases. Deviation from the City fifty (50) foot right of ways standards and sidewalk standards requiring sidewalks on both sides of the street was approved as a result of these facilities being privately owned and maintained rather than being dedicated for public ownership and maintenance. May 23, 1988 - Commission approves Bentley Green final engineering January 9, 1989 - Commission grants one year extension to approval for Bentley Green. April 10, 1989 - Commission approves Bentley Green plat and covenants April 23, 1990 - Commission approves reduction of units from sixty six (66) to forty one (41) in remaining phases. New phase to be called Bentley Club at Bentley Green September 24, 1990 - Commission accepts water/sewer system for public ownership and maintenance, and approves plat and supplemental covenants for Bentley Club at Bentley Green February 26, 1995 - Bentley Homeowners Association forwards letter to Mayor Bush requesting the City accept streets and stormwater management system March 22, 1995 - City Manager forwards letter with Staff comments to Bentley Homeowners Association recommending denial March 26, 1995 - Bentley Homeowners Association forwards letter to City Manager requesting clarification of the March 22, 1995 letter and requesting all Commission Meeting Minutes addressing this particular subdivision March 29, 1995 - City Manager forwards letter to Bentley Homeowners Association acknowledging receipt of March 26, 1995 letter and assigning the 3' May 13, 1996 AGENDA ITEM Page 4 Land Management Specialist the task of responding/coordinating to the issue May 3, 1995 - Land Management Specialist Letter responds to the Association's March 26, 1995 letter with applicable Commission Meeting Minutes and clarification as requested January 16, 1996 - Bentley Homeowners Association forwards letter to City Manager requesting that their request be put on the agenda for Commission action February 7, 1996 - Meeting held between City Staff and Ronald Hadbavny, Bentley Homeowners Association, to give the new City Manager an opportunity to become familiar with the issue February 9, 1996 - Land Management Specialist forwards memo to Public Works/Utility Director and City Engineer requesting estimated cost of improvements, maintenance bond requirement, feasibility of an asphalt overlay on the existing streets to satisfy the nonstandard subbase, and a listing of private subdivisions. February 14 & 16,1996 - City Engineer's response to February 9. 1996 memo providing the information requested above, and in addition, what would have to be done to satisfy the Engineering Department's requirements ISSUES: Following are issues related to this matter: 1) Are the current streets in Bentley Green/Club subdivision in compliance with current Code Section 9-147(a) dictating minimum right of way and paving? No, because the subdivision has forty (40) foot right of ways platted versus the fifty (50) foot right of way dictated by Code. 2) Are the current streets in Bentley Green/Club subdivision in compliance with Code Section 9-201.d.2 dictating standards for subbase construction? No, because the existing subbase is less than eight (8) inches thick. May 13, 1996 AGENDA ITEM Page 5 3) Are the current streets in Bentley Green/Club subdivision in compliance with Code Section 9-221 (b), as amended, providing for sidewalks? No, because the subdivision should have sidewalks on both sides of the street, but instead, have no sidewalks. 4) Does the stormwater management system meet the standards provided in Code Section 9-241? This is an unknown factor at this time and cannot be determined until such time as an inspection is conducted to ensure that the system is in compliance with the requirements of St Johns River Water Management District. 5) Can the existing forty (40) foot right of ways and the five (5) foot utility easements reserved on lot frontages adjacent to the forty (40) foot right of ways be combined to meet the City's requirement of fifty (50) foot right of ways? This would not be advisable for the following reasons: a) the City down not own the right of ways or the easements and would be subject to damages or claims filed by the property owner against City activities conducted therein; b) all mortgages were acquired on the premise that the easements were owned by the individual property owners; and, c) this action (allowing the easements to be considered at part of the right of ways) may be construed as a taking of the property and may require the City to make monetary compensation to each property owner. 6) How many "public streets" within the City do not meet the fifty (50) foot right of way Code requirement? None 7) How many "private" subdivisions have made formal request that the streets within their subdivision be accepted for public maintenance? One, Wildwood Subdivision 8) How many "private" streets have been accepted for public maintenance that "did not" meet the fifty (50) foot right of way Code requirement? None 9) How many "private" streets have been accepted for public maintenance that "did" meet the fifty (50) right of way Code requirement? One, and a portion of another, within the Wildwood Subdivision. May 13, 1996 AGENDA ITEM Page 6 10) How many "private" subdivision currently exist within the City that have streets and stormwater management systems that "do not meet" Code requirements? 25, as listed below: Bentley Green/Club Chelsea Pare Cypress Village F ox Glen Greenbriar Highlands Glen Seasons Tennis Villas W oodstream Braewick Country Club Village DeerSong Georgetowne Greenspointe Indian Ridge Seminole Pines Tuscany Place Casa Park Cypress Club Dunmar Estates (gated) Golf Villas Hacienda Village Mt Gre~nwood Units 2,3, and 4 Seville on the Green Wildwood (portions) 11) If the City agrees to accept Bentley Green/Club without requiring the subdivision to be in compliance with Code requirements, how may other "private" subdivisions would have the same right to be accepted for public maintenance without being in compliance? 24 - all those listed above less Bentley Green/Club 12) Why would the City not want to establish a precedence of accepting substandard subdivisions for public maintenance? The cost/burden for maintaining substandard subdivisions will be greater than that for standard ones and will have to be underwritten by the taxpayers of the City. The costs involved to bring all of these substandard streets/stormwater management systems up to standards would be beyond our means. 13) Why were the streets in Bentley Green/Club allowed to be constructed below City Code requirements? This was requested by the developer and the waiver was granted by Commission action on December 14, 1987 due to the developers desire to have private streets and stormwater management system. This waiver was authorized by former Code Sections 14-95 and 14-119(b), now Code Sections 9-157 and 9-221(b). 14) What benefit would the taxpayers of Winter Springs derive if these streets are accepted as presently constructed? None. These streets are wholly contained within the subdivision and serve only those citizens, and their guests, residing there. May 13, 1996 AGENDA ITEM B Page 7 15) Under what authority is the City allowed to accept private streets that do not meet Code requirements for public maintenance? There is no provision in the Code for this action. Acceptance of existing facilities that do not meet City standards would require Board adoption of an ordinance setting out this authority and the criteria under which the acceptance would be made. As previously stated, City Code requires public streets and storm water management systems to meet specific guidelines and there is no precedent for City acceptance of substandard facilities. 16) Under what conditions could the streets and stormwater management system of Bentley Green/Club be accepted for public ownership and maintenance without adversely affecting the taxpayers of the City? The property owners would n~ed to take the following actions to bring the facilities up to City standards and to adequately protect the taxpayers as intended by City policy prior to the City accepting the facilities: a) provide the required fifty (50) foot right of way and install sidewalks on both sides of the street; b) dedicate to the City the front five (5) feet of their property - this action will probably have to involve the mortgage and title insurance companies. This action would also require a replat of the subdivision be accomplished; c) apply a one (1) inch, asphalt overlay of the existing street to compensate for the deficient subbase thickness of the original construction (City Engineer to approve); d) have the stormwater management system inspected to ensure that it meets St Johns River Water Management District Code requirements (need certification from an independent Professional Engineer that system is in conformance with as-built plans and need a letter from St Johns River Water Management District affirming that the system is in compliance with the issued permit); e) pay the $250.00 fee per light pole for the first two (2) year maintenance costs; f) post the required two-year maintenance bond from date of acceptance; and i) supplement the existing covenants to reduce the listed front yard setback of fifteen (15) feet to ten (10) feet. 17) Are there any conditions under which the Commission may waive the requirement for May 13,1996 AGENDA ITEM B Page 8 sidewalks on each side of the street? Code Section 9-221(b) provides the CommissiQn to waive this requirement if it is in the best interest and welfare of the environment. The intent of this provision was to prohibit the unnecessary destruction of trees, protection of wetlands and other environmental concerns. There appear to be no environmental issues within this subdivision in regards to the construction of sidewalks. 18) Why does the Bentley Homeowners Association believe they are entitled to have their private streets accepted for public ownership and maintenance by the taxpayers of Winter Springs? A) The concerns of the Bentley Homeowners Association, as outlined in their letter of February 26, 1995, are as follows: - 1) the plan to build a second entrance sign, which was expected to be identical to the existing Bentley Green entrance sign and directly opposite the Bentley Green sign was never built as promised; 2) the wall to be completed from the north side of the community entrance to the northern property line was never built as promised; and, 3) a gate to be constructed between the two entrance signs was never built as promised. The property owners apparently feel that the fact that these structures were not built as promised in some way lessens the private standing of the development. A review of the approved engineering plans show that the subdivision, according to the City Engineer in a letter dated August 30, 1990, was found to be in general conformance to the engineering plans approved by the City. The wall and sign locations shown on the engineering plans appear to agree with what is now in place. At no place on the engineering plans ia a gate portrayed. The same engineering plans refer to the typical street section as being a private street. The Bentley Homeowners Association letter dated February 26, 1995, the the second paragraph states: II .....As part of the sales pitch for both Bentley Green and Bentley Club, prospective buyers were told that the ..... ". The City is not responsible, nor is it May 13, 1996 AGENDA ITEM B Page 9 aware of what is said at "the sales pitch". This" sales pi_tch" is probably not in writing. It is indeed unfortunate that the promises that may have been made were not kept. However, the as-built inspection found this subdivision to be in general conformance with the approved plans. B) In the February 7, 1996 meeting between the Bentley Homeowners Association and the City Staff, Mr. Hadbavny, of the Association, represented that the Homeowners Association is entitle to having the City maintain these facilitie's since they pay property taxes as everyone else in the City. Current law provides that property owners living in developments which meet current standards are entitled to have these facilities maintained through public funds. The Bentley Green/Club property owners can receive this benefit after bringing these facilities up to current standards. FINDINGS: I) There are specific Code Sections providing standards and conditions under which developers must construct and dedicate streets and stormwater management systems if these facilities are to be accepted for public ownership and maintenance. 2) The streets proposed by Bentley Homeowners Association for acceptance for public ownership and maintenance are not in compliance with Code Sections 9-147(a) and 9-296 providing for minimum right of way and paving and typical street section. The City's desire to have uniform infrastructure standards in the City was further articulated by the City Commission's adoption of Ordinance No. 467 requiring private streets to be built to City standard design. 3) The streets proposed by Bentley Homeowners Association for acceptance for public ownership and maintenance are not in compliance with Code Section 9-201.d.2 providing for standards for subbase construction. May 13, 1996 AGENDA ITEM B Page 10 4) The streets proposed by Bentley Homeowners Association for acceptance for public ownership and maintenance are not in compliance with Code Section 9-221 (b) providing for sidewalks. 5) The stormwater management system proposed by Bentley Homeowners Association for acceptance for public ownership and maintenance has yet to be determined to be in compliance with Code Section 9-241 providing for stormwater management system standards. 6) There are no provisions within the Winter Springs 'Code of Ordinances authorizing the Commission to accept for public ownership and maintenance existing, privately owned streets which do not meet Code standards. 7) The life cycle cost of the streets proposed by the Bentley Homeowners Association for acceptance for public ownership and maintenance, as presently designed, will be higher than it would be if the streets were designed to City standards. 8) As of this date, there are no "publicly" owned streets within Winter Springs that do not meet the fifty (50) foot right of way standard. 9) As of this date, no privately owned streets have been accepted by the Commission which do not meet the Code required fifty (50) foot right of way for public ownership and maintenance. 10) As of this date, one and a portion of a second "privately" owned street meeting the Code required fifty (50) foot right of way was accepted by the City for public ownership and maintenance. 11) As of this date, twenty five (25) subdivisions exist within the City with "privately" owned streets and stormwater management systems which do not meet current City standards. 12) Acceptance of the Bentley Homeowners Association streets and stromwater management system in their current substandard condition would establish a precedent and cause of action for acceptance for public ownership and maintenance of the other twenty four (24) privately owned subdivisions. May 13, 1996 AGENDA ITEM B Page 11 13) The acceptance of substandard improvements would increase the cost of maintenance to the taxpayers of Winter Springs if not brought up to standard. In the alternative, the cost of bringing the improvements up to standard would represent an undue financial burden on the taxpayers of Winter Springs. 14) The streets and stormwater management system owned by the Bentley Homeowners Association could be accepted for public ownership and maintenance without creating an unnecessary costlburden on the taxpayers of the City, and, without establishing a potentially costly precedent if the improvements are brought up to Code 'standards as listed below: a) dedication of the fifty (50) foot right of way and the replatting of the subdivision; b) construction of sidewalks on both sides of the street; c) one (1) inch asphalt/concrete overlay of existing streets; d) certification of the stormwater management system; e) furnish a two-year maintenance bond for the improvements accepted; f) payment of the $250.00 per light pole fee for the first tow (2) years of maintenance; and, g) supplement the existing covenants to reduce the listed front yard setback of fifteen (] 5) feet to ten (10) feet. 15) The estimated cost to the Bentley Homeowners Association to bring the improvements proposed to be accepted for public ownership and maintenance as listed in Item ]4 above are: a) Sidewalks on both sides of street b) One (]) inch asphalt/concrete overlay on existing streets c) Associated engineering fees d) Replat e) Filing Fee for Replat Approval and Recording Fees f) Maintenance Bond in the amount of$31,200.00 for two-year period (asphalt overlay, sidewalks, and stormwater management system) 1,000.00 g) Legal Fees 5,000.00 $36,000.00 20.000.00 2,500.00 7,500.00 800.00 May 13, 1996 AGENDA ITEM B Page 12 h) Light pole fee (41 poles X $250.00) This fee is charged to all developments to cover the first two (2) years maintenance costs. i) Miscellaneous $10,250.00 10,000.00 TOTAL ESTIMATED COST - $94,050.00 ($1,425.00 per lot) CONCLUSIONS: 1) Acceptance of the Bentley Homeowners Association request for acceptance of the association's streets and stormwater management system for public ownership and maintenance by the City, as presented, is not concurrent with City Code and policies establishing design standards for these facilities. 2) There is no current legal authority for the Commission to accept existing privately owned streets and stormwater facilities for public ownership and maintenance that do not meet current City standards. 3) There is no precedent in the City for the acceptance of such systems for public ownership and maintenance. Commission action to approve the Homeowners' Association request would establish a new precedent which could commit the City under equal protection laws to a costly program of accepting substandard streets, or, having the taxpayers to unfairly finance the cost of bringing substandard facilities up to current standards. 4) The Homeowners' Association's proposal could be favorable recommended if the homeowners took action to bring the streets and stormwater management system up to City standards. The cost to the homeowners would be approximately $1,425.00 per lot. AL TERNA TIVES: The City Commission has two (2) alternatives, as follows: I) to accept the streets and stormwater management system if Code requirements are satisfied. May 13, 1996 AGENDAITEM_B Page 13 2) to accept the streets and stormwater management system without meeting Code requirements. If this course of action is chosen, the Commission should be prepared to establish a course of action for the other twenty four (24) substandard subdivisions to be accepted for ownership and maintenance and the associated costs for bringing them up to standard, or conversely, be prepared to accept a higher cost of ownership and maintenance currently accepted by the City, and litigation forcing the City to accept the substandard facilities of the other twenty four (24) substandard subdivisions. RECOMMENDATION: ACCEPT the streets and stormwater management system for City ownership and maintenance if brought up to Code requirements. DENY the request if not brought up to Code requirements. ATTACHMENTS: April 3, 1996 - City Engineer Memo March 20, 1996 - City Attorney Opinion Letter February 14/16, 1996 - City Engineer Memos February 9, 1996 February 7, 1996 January 16, 1996 May 3, ] 995 March 29, 1995 March 26, ] 995 March 22, 1995 February 26, 1995 September 24, 1990 April 23, 1990 March 26, 1990 April 10, 1989 January 9, 1989 May 23, 1988 - Land Management Specialist Memo - Meeting between City Staff and R. Hadbavny Minutes - Bentley Homeowners Association Letter - Land Management Specialist Letter - City Manager Letter - Bentley Homeowners Association Letter - City Manager Letter - Bentley Homeowners Association Letter - Commission Meeting Minutes - Commission Meeting Minutes - Ordinance No. 467 - Commission Meeting Minutes - Commission Meeting Minutes - Commission Meeting Mjnutes May 13,1996 AGENDA ITEM B Page 14 December 14, 1987 - Commission Meeting Minutes COMMISSION ACTION: , \, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 April 3, 1996 TO: City Manager, Ronald W. McLemore FROM: Ci ty Engineer, ,~ Mark L. Jenkins. P.~ ~ SUBJECT: Bentley Club Request For City Acceptance of Streets As per your request this morning, I checked all memos and letters that I had generated on the subject matter. I was unable to find any comment that I may have made stating the subject roads would cost more to maintain than other City roads. As we discussed this morning, City-wide, a road built to the present City Code residential standards (1" of asphalt/concrete, 6" of base material and 8" of subbase material) will last longer and cost less to maintain than a road built to the existing Bentley Club specifications (1" of asphalt/concrete, 6" of base material and 6 " of sub bas e ma t e ri a 1 ) . A 11 e 1 s e being e qua 1 . T his i s not taking into account the many variables, one of which would be traffic, that can have an influence on pavement life. If you have any questions or need clarification on the above, please let me k~ow. Thank you. cc: Utility Director Land Management Specialist f"lRR 20 '96 03: 44PM KRUPPENBRCHER & RSSC Law Offices KRUPPENBACHER & ASSOCIATES A Professional Association P.2/2 [ill uJ l~ ~ U " . Frank Kruppenbacher 340 North Orange Avenue P.O. Box 3471 - Orlando, Florida 32802-3471 Telephone (407) 246-0200 Facsimile (407) 426-7767 MEMORANDUM TO: Mayor, City Commissioners, and City Manager City of Winter Springs, Florida FROM: Frank Kroppenbacher City Attorney DATE: March 20, 1996 RE: Bently I:Iomeowners Association request for City Acceptance of Streets and Stormwater Management System Per the City Manager's request, I have reviewed the following issue: ISSUE: Should/may the City of Winter Springs Florida, accept for ownership and maintenance in their current condition, the streets and stonnwarter management system located in the private subdivision known as Bently Green? ANSWER: No. DISCUSSION: The City Code provides for design/construction and inspection standards for public streets. The Code provides the City the authority to waive these standards for private streets at the time of platting, The Code does not address the authority to waive the standards subsequent to platting and in conjunction with the acceptance of those streets. At the present time, the Bentley Green streets are private and are not in compliance with the standards for our public streets. The Code would not provide you authorization to accept those sub-standard streets. More importantly. even if we took th~ steps to provide you the authority accept those streets, I would strongly recommend against accepting any sub-standard street because of the enonnous'liability associated with our ownership. Finally, there would be no legal prohibition/objection to your accepting a private street that did meet the design/construction and inspection standards for City streets. PROM 407-426-7767 03-20-96 03:46 PM P02 . . ~. n .... .:r:- -" -". ")~;,,,,,:: -;-.. ,-\"-..;..~~' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 _ February 16, 1996 TO: Land Management Specialist, Donald LeBlanc FROM: City Engineer, Mark L. Jenkins, P.E. .,;14 ~/ {../?f-- / SUBJECT: Bentley Homeowner's Association Request: List of Private Subdivisions Where Roads Do Not Meet Present City Code. *** ADDENDUM TO FEBRUARY 14, 1996 MEMO *** In addition to all the requirements listed in my February 14, 1996 memo, the following would also be required: 1. An "as-built" infrastructure, accept same. inspection that newly completed the inspection acceptance. type inspection of the road and drainage to assess condi tion, before the Ci ty can This woul'd be similar to the "as-built" the Engineering Department performs on all subdivisions. Any deficiencies noted during would have to be corrected before City 2. We would need a signed, sealed and dated l'etter from a Professional Engineer, that the storMwater system is in conformance with the "as-built" plans on file with the City. 3. We would need a letter from the SJRWMD that the stormwater system appears to be in compliance with the issued permit. This is SJRWMD normal procedure. 4. If there is any sand or debris, in the stocmwatec pipes or the pond, it would need to be flushed out prior to acceptance. 5. The roadway underdrains wi 11 need to be flow checked by a contractor of their choice and have that procedure monitored by the City's Engineering Inspector. The above items are the same requirements placed on all new subdivisions prior to City acceptance. cc: City Manager Utility Director Building Official -.., .. - ", ....;. ,'.,. ~1.r" .,..j1''': "I, ......."., ......,;\ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINT~R SPRINGS. FLORIDA 32708-2799 Telephone (407) 327,1800 February 14, 1996 TO: Land Management Specialist, Donald LeBlanc FROM: city Engineer, Mark L. Jenkins, P.E. ./""'1./1./ /.. ~: ,/ // r SUBJECT: Bentley Homeowner's Association Request Acceptance of Roads and stormwater System For city To bring the present streets up to today's City Code standards would require the following items A & S, which are approximate estimates based on existing unit prices and are ~ot amounts due to be paid to the City: A. The addition of sidewalks on both sides of the road at an approximate cost of $36,000. B. The addition of 1 inch asphalt/concrete overlay to existing road surface. This is to compensate for deficient subbase thickness. APproximate cost $20,000. the the Total cost for road u qradinq ~s therefore $56,000. approximatel .:..:~l ~~;~:: ~:~..:: The city requires a 2-year Maintenance Bond on all roadway improvements accepted by the city for maintenance. Therefore, a 2- year Maintenance Bond for the roadway and stormwater lines, in the amount of $31 200 will be required bv the cit . This amount is 10 percent of the estimated construction costs for the roadway structure (asphalt, base, subbase, curbing, sidewalk), stormwater system (including pond, pipes & VVRS) and the roadway underdrains; which totals to approximatelY $312,000. The above does not include any legal or out-of-pocket expenses incurred by the Homeowner's Association. There will also be the issue of adding the necessary 5 feet right-of-way width on each side of the road to arrive at the required 50-foot right-of-way. cc: city Manager utility Director Building Official February 9, 1996 To: Public W orkslUtility Director City Engineer Land Management spec;al# From: Re: Bentley Homeowners Association Request Mark -Assuming that everything was done to bring the street to City standards, with the exception of the subbase, what amount would we require for a 100% maintenance bond - and for how long? Mark - Could an asphalt overlay on the existing street satisfy the CLty standards? rf so, how much of an overlay and what type of maintenance bond would be required? Is there another method to possibly bring this street into compliance? Kip, Mark and LeBlanc - Please furnish a listing of all private communities, to the best of your knowledge, where the streets do not meet City standards. The City Manager would 'like to have all this information to reach a recommendation to be given to the Commission. Please reply in an expeditious manner. cc: City Manager John Govoruhk General Services Director " February 7, \ 996 To Ron McLemore, City Manag~r John Govoruhk, Consultant John Ketteringham, General Services Director Kip Lockcuff, General Services Director Mark Jenkins, City Engineer Don LeBlanc, Land Management SpeCial# From: Re: Request of Bentley Homeowners Association for City to Accept Streets in Subdivision for Maintenance The above referenced was held on February 7, 1996 0.-1r. Ronald Hadbavny represented the Association. Staff members were the City Manager, Govoruhk, Ketteringham, Lockcuff, Jenkins and LeBlanc. This subject has been ongoing since February 26, 1995. The position of the Staff has always been that the request be denied because the streets did not meet City standards for maintenance. The last correspondence to Mr. Hadbavny on this subject was May 3, 1995. There was no correspondence from the Association until iVlr. Hadbavny, on January 16,1996, sent a letter to the new City Manager addressing the same topic. In this regards, the City Manager requested that a meeting be set up to familiarize himself with this request, hence the meeting of this date. Mr. Hadbavny presented his reasons why the Association believes that it is the responsibility of the City to accept the streets for maintenance. It remains the opinion of the City Manager and Staff that until such time that the streets meet City standards, the recommendation remains the same. The City Manager did state that he would take this topic under advisement before reaching a.final recommendation. Mr. Hadbavny is still desirous of the Association presenting their case to the Commission. The Association would like a 30-day notice prior to this being an agenda item to ensure that all the members that wish to speak on the subject have ample time to prepare themselves. '.j ,- '::...:.' . -:..' ";:.'~ ::::-~;.;. ~ - ...;......- k_.- :'..7: :i~..') \ 1 I ." IV! Wr.lE1f'\\J ~U""''I.'''''''':'-- \,; ~~ ?I~ A~ JAN \ 7 \9' 878 Bentley Green Circle ' 'Winter Springs, Florida 32708 CITY CF ,,"I"'iF''', ' v C ~t'./ "i\!'~:! ;r.~~ RO~^LD S. IL\.DB^ V~'\'. PRESIOE~T GERRY STORY. VICE PRES1DE~T J. RUSSELL SUDDE'lil. SECRETARYrn~EA.5l1RER January 16, 1996 Mr. R0n McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32706 Subject: Dedi cation 0 f Bent I ey H 0 meO wners Associ ati 0 n Streets, S tormwater S ystem and Street Lights to the City of Winter Springs In February of last year we started a dialogue with your predecessor concerning the viability of the City accepting our streets, stormwater system and street lights, After reviewing all of the information that the City provided, we presented the facts to our members at our annual members' meeting late last year, Based on a general consensus of the membership, it was decided that we pursue thi s matter to conelus i on with the City, Accordingly, it is req.uested th' this matter be placed on the agenda of a forthcoming City commissioners' meeting for an official ruling by the City, In order to provided proper notification to all our members, we request a minimum of 30 days notice on the date selected for the commissioners meeting to resolve this issue. Dear Mr. McLemore: Thank you in advance for your assistance on this matter. If you need to discuss the issue witl me, I may be reached at 365-1485. Sincerely, ~~ Ronald S. Hadbavny Presi.dent . t ~:.' :. ~ ....:~.~ '.:.. ... .....,-; ..:....'- ..=. ';,f . =-- ;_~TE~ :0 ..:: .',.. .""'\'.~)"" ..,;:'\"., 7.- . ,. (":' (;) ~~\In<"'l''':"~~\'-\/ '!l , 1959 .\) " .> '~i.C)RiO~ ~ CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 '."IINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 May 3, 1995 Mr. Ronal4 S. Hadbavny, President Bentley Homeowners Association 878 Bentley Green Circle Winter Springs, Florida 32708 Re: .Bentley Homeowners Association Letter dated March 26, ).995 City of Winter Springs City Manager Letter dated March 29,1995 Subj: Dedication of Bentley Homeowners Association streets, stormwater System and street Lights to City of Winter Springs Dear Mr. Hadbavny: The City Manager, in his letter to you dated March 29, 1995, has assigned to me the task of coordinating the response to your above referenced letter. In this regards, I will answer those nine (9) points addressed to the best of my ability. 1) The St.aff recommendation given to the City Manager is that this request be denied. 2) The Commission waiver given to the developer was to reduce the street right of way and to omit the sidewalks. 3) See number 2 above. It is possibl e tha t the street lights installed were not the type that the City requires for rights of way maintained by the City. The developer reserves the right to choose any design for street lights in a private subdivision. 4) The City Commission was the only body authorized to grant the Code requirement waiver. It is assumed that this was done with full knowledge of the impact caused. The Commission in place at that time has been totally replaced through attrition or elections. 5) All residents of Winter Springs pay the same tax rate. 6) The city has a Storm,water utility and each resident is billed a stormwater fee each month, reflected on the utility Bills. Those residents on public streets pay $2.04 monthly and those on private streets pay $1.53. Funds are not sent to anyone. 7) The minimum Code requirement for minor streets within the City is a fifty (50) foot right of way. It is also the minimum right of way width recommended by the "FDOT Manual of Uniform Minimum standards for Design,/ Construction and Maintenance for streets and Highways" by Florida Department of Transportation and -' .:, '. ~';:'~~ . 'V May 3, 1995 Bentley Request Page 2 . "A policy on Geometric Design of Highways and streets" by the American Association of state Highway and Transportation official s. 8) This is also a Code requirement. 9) please refer to number 3 above. Al so, street li gh t placement is within the right of way. Therefore, if the right of way is main tained by the city, the street lights are inc1 uded in the maintenance. Attached, as per your request, are the copies of all meeting minutes referencing Fairway Lakes, Bentley Bentley Club. please contact me if further information is required. SincerelY, ~\2-~- Donald R. LeBlanc, Land Management specialist jsaf cc: city Manager General Services Director commission Green ahd . ,_. _ ,,'....1.1.,,-, ",,_, ",:..... ,,0.',...'.; ,,,.,,.,...,..._:....~,.:+..i,"H. WINTER SPRINGS UTILITY / PUBLIC WORKS DEPARTMENT 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 - Telephone (407) 327-2669 , Fax (407) 327-0942 Apri16, 1995 TO: Don LeBlanc, Land Management Specialist Kipton Lockcuff, P.E., Utility Director /JI/ FROM: RE: Bentley Homeowner's Association Letter of March 26, 1995 Per your request, I have reviewed Mr. Jenkins response to the aforementioned letter and have nothing to add at this time. File r- . r -f".a-,., \(' -y..; \;1....t::i ~"-- . 1-- ~_..... \...- -""-- - , , -'c-\.. .. - c: ,.~ '\''- c; \ :) .e. \.:0--'- L....;:.. \. \.. '-- ,<,!,':..-, \'€-~\L ~:~ ~. '-'----': -., ..:..._~~:'" . . ~ March 31/ 1995 TO: Land Management Specialist; Donald LeBlanc FROM: Engineer, ~J,J Mark Jenkins. P.E.. ~. SUBJECT: Response to Bentley Homeowner's Association Letter Dated March 26, 1995, as per Your Request. The following is my response to each numbered item 1n the subject letter: 1) Questi on: "As the ci ty Manager, wha t 1 S your recommenda t i on on out' request?" Answer: This is directed to the City Manager and I cannot answer this particular question. 2) Question: "It is our understanding that the only code requirements that were waived for the construction of our streets and the stormwater system, and the installation of our street lights was the reduction in the right-of-way from 50 feet to 40 feet and the del etion of the requirement for s idewa 1 ks excep tat the en t ranc e to the deve 1 opmen t on the south side of Bentley Hay. Is this correct?" Answer: Since I was not employed with the City at that ti~er I can only reference a copy of the minutes for the Commission meeting of- December 14, 1987. It appears from the minutes that the answer is "yes." Although, there may have been more agreements made at that time that I am not aware of. 3) Question: "At the time of construction of the streets, stormwater system and the installation of the street lights, the only thing that was substandard was the reduced right-of- way and the lack of sidewalks. Is this correct?" Answer: The question begins wi th "At the time of construct.ion.. . " / which was 1988. For private streets to be accepted by the ci ty / they must meet today I s code requirements, not those of 1988. These streets do not meet today's requirements. The, latest code requires a 50-foot minimum right-of-way and sidewalks. Also, the roadway subbase is 1 ess than today I s requirement of a minimum of 8 inches ttickness. It might have met the requirements of 1988 (1 do not have a 1988 code book), but it is substandard for today. 4) Question: "If a waiver of the code requirements was granted, it was granted by the City of Winter Springs Commissioners with full knowledge of its impact. Is this correct?" " ':.:-~ :<.... :-,"- .' "-;!:"-'. . . ;. ,; ", . ", ~ '-:.' 5) Bentley Green/Bentley Club March 31, 1995 page 2 Answer: I was not here at that time and therefore did not engage in discussion w-ith any Commissioners regarding this matter. I also cannot speak to what "knowledge" another person has that mayor may not influence that person's decision making. Question: "Is there any reduction in taxes to the homeowners when their streets, stormwater system and street lights are classified as private?" Answer: To the best of my knowl edge, no. But, there is a reduction in paid fees for the private stormwater system. (see following question #6) 6) Question: "What is the stormwater credit that was referred to in Mr. Jenkins' memo to you dated March 6, 1995? If this is a monetary credit, what is the amount of the credit, and to whom was it sent?" Answer: The city has a stormwater utility and each resident is billed a stormwater fee each month on their water bill. If you have public streets and your ponds collect runoff from public streets, each resident pays the full $2.04 each month on their water bill. This is because the City maintains the function of ponds that collect runoff from City streets. If you have private streets with ponds that collect runoff from those streets, each resident pays' 75 percent of the full amount (25 percent STORMWATER CREDIT), which is $1.53 per month. The city does not maintain the function of ponds that serve private streets. This 25 percent discount is a "monetary credit" but is not "sent" to anyone since it was not collected in the first place. (See the attached stormwa ter brochure. Thes e were mailed to every resident of the city in September 1992.) Based on 66 homes, the stormwater Credit translates into a savings of $403.92 per year to the residents as a whole of Bentley Green/Bentley Club. 7) Question: "Is there any specific reasoning or logic for the 50 foot right-of-way?" Answer: Yes. This is the minimum width for any right-of-way in Sections 9-147 and 9'-296 of the City's Land Development Code. It is also the minimum right-of-way width recommended by the "FDOT Manual of Uniform Minimum standards tor Design, Construction and Maintenance for streets and Highways" by the Florida Department of Transportation (FOOT) and "}l Policy on Geometri c Desi gn of Hi ghways and streets" by the Ameri can Association of state Highway and Transportation Officials (AASHTO) . Bentley Green/Bentley Club March 31, 1995 page 3 ".~"-;- "r ..~ .... .~ . ::.':0:.... ~~ The reasons for the "logic" behind this are; there needs to be two 12-foot lanes for vehicular traffic, there needs to be adequate width beyond that for the location and maintenance of utilities, there needs to be at least la-feet more width on each side of the pavement for an emergency vehicle to get around a possible roadway obstruction such as another vehicle, there needs to be enough room for a vehicle to take evasive action by leaving the roadway to avoid an accident, there needs to be enough room for sidewalks or other paths for pedestrian traffic and there needs to be enough room to place the sidewalk as far from the roadway as possible for safety reasons. Commonly accepted roadway design "logic" for safety is to separate vehicular and pedestrian traffic as far as possible within the right-of-way. The most "logical" minimum width for the-preceding design elements, as noted in most all accepted design manuals, is the 50-foot right-of-way. 8) Question: "Is there any specific reasoning or logic for the requirement of sidewalks?" Answer: Yes. Safety of pedestrians. See the answer to the preceding question. collisions between pedestrians and vehicles almost always result in serious injury or death to the pedestrian while the vehicle sustains just body damage. The driver of the vehicle is rarely hurt. t. .-... 9) Question: "Your letter of our request concerning the for this?" Answer: This question is regarding his letter. March 22, 1995r failed to address street lights. Is there a reason directed to the city Manager ,.: :::.:-::: "J,""':';" ..';..:._. - I hope questions. thi s is adequa t e to proper 1 y address the sub j ect If you have any questions, please let me know. attachments: Stormwater brochures. cc: City Manager (no attachment) utility Director (no attachment) .,.. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 March 29, 1995 Mr. Ronald S. Hadbavny, President Bentley Homeowners Association 878 Bentley Green Circle Winter Springs, Fl. 32708 .- Re: Bentley Homeowners Association Letter dated Nlarch 26, 1995 Subj: Dedication of Bentley Homeowners Association Streets, Stormwater System and Street Lights to the City of'VVinter Springs Dear lvIr. Hadbavny: I am in receipt of the above referenced letter. The nature of your request requires that I give this letter to members of my Staff for further research. Every attempt will be made to accommodate your request to have this information to you by April 10, 1995. But, because of the many ongoing projects within the City, this may not be a realistic date. In this regards, I have assigned the coordination effqrts for this task to Don LeBlanc, Land Nlanagement Specialist. Please contact Don should you have further questions while awaiting for the research to be accomplished. ~ JP cc: Mayor and Commission General Services Director Land Management Specialist Community Development Coordinator Public Works/Utility Director Engineer file ,.. . ....:~ ~ _' ,';.;.~.r" ", .~;..-;.: -.. ,:;;"-.-. ! ~ -4 . ~TPt(:PTf\\T W': .J~/,~..,.::,~~;-,.J.. -.i' - '8eatq ~~ rI~': 878 Bentley Green Circle Winter Springs, Florida 32708 MAR 2 8 199: ROI'IAl..D S. HADB.... ~Y. PRESIDENT GERRY STORY. VICE PR.ESlOE.'!T J. RUSSELL SUDD!:TH. S ECRTI AR Y rTJU:.4.5 U RE ll. CiTY OF '.t-::NTER Sf City :--.1anager March 26, 1995 Mr. John Govoruhk Ci-ty Manager City of \Vinter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 Subject: Dedication of Bentley Homeo\\tners Association Streets, Stormwater System and Street Lights to the City of Winter Springs Dear i'v1.r. Govoruh.~: Than.'<: you for your letter of March 22, 1995 concerning our request to dedicate our streets, stormwater system, and street lights to the City of \Vinter Springs. In response to your question on whether we want to pursue this issue in spite of the negative recommendations from some of your departments, the answer is yes. We defmitely want to have the issue scheduled before the Commissioners at one of their regular meetings. However, before scheduling the issue before the Commissioners, we would like some clarification from you on a number of related points as follows: 1. As the City Manager, what is your recommendation on our request? 2. It is our understanding that the only code requirements that were waived for the construction of our streets and the stonnwater system, and the installation of our street lights was the reduction in the right-of-way from 50 feet to 40 feet and the deletion of the requirement for sidewalks except at the entrance to the development on the south side of Bentley Way. Is this correct? 3. At the time of construction of the streets, stormwater system and the installation of the streets lights, the only thing that was substandard was the reduced right-of-way and the lack of sidewalks. Is this correct? . 4. If a waiver to the code requirements was granted, it was granted by the City of \Vinter Springs Commissioners with full knowledge of its impact. Is this correct? 5. Is there any reduction in taxes to the homeowners when their streets, stormwater system and street lights are classified as private? . 1 .,;.....:" ~:~~i~.~:~~ :'~;r~:;: ... ... . ~. .:' '.::~ :::~"~~~B . -' . -':- ~ - :,"-.~ ~~: -" '. _. !".t ~ .', '" " .:"':)::: .:,.:t'!t": ;";'1~::~:/_: .... ... ... 6. What is the stormwater credit that was referred to in 1'vLr. Jenkins memo to you dated March 6, 1995? If this is a monetary credit, what is the amount of the credit and to , whom was it sent? 7. Is there any specific reasoning or logic for the 50 foot right-of-way? 8. Is there any specific reasoning or logic for the requirement of sidewalks? 9. Your letter of March 22, 1995 failed to address our request concerning the street lights. Is there a reason for this? Additionally, we request that you provide us with copies of all Commission meeting minutes thatinvoh'e the appro\'~l cf cur entire subdi'l~~ion, '.vhen i~ was pre'/i0usly l--Jlo'.vn 2.5' Fairway Lakes at Tuscawilla, and as it is presently knOWTl, i.e. Bentley Green and Bentley Club. If there is a fee to do this, we will gladly send you a check to cover the cost. Thank. you in advance for your assistance. Your reply is respectfully requested by April 10, 1995. Sincerely, ~~I Ronald S. Hadbavny President cc: Mayor John Bush Commissioner Larry Conniff Commissioner John Ferring Commissioner John Langellotti Commissioner Cindy Gennell Commissioner David McLeod r , , '.J' ~:. .. ~:!i;:~ ~ 'li:t:;r~:: ;.?~.:~::.~ - '<. .' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 March 22, 1995 lY1r. Ronald S. Hadbavny, President Bentley Homeowner's Association 878 Bentley Green Circle Winter Springs, Fl. 32708 Re: Bentley Homeowner's Association Letter dated February 26, 1995 to Mayor John Bush Dear lYlr. Hadbavny: The City is in receipt of the above referenced and the letter was given to the appropriate departments for their comments. The reply from the departments recommended that these streets not be accepted for public maintenance (see attached memos). If it is your continued desire that this matter be placed before the Commissioner's at one of their scheduled meetings, please contact me in order that I may schedule this request. Please contact me if further information is required. JP cc: Mayor and Commission (w/attachment) General Services Director (w/attachment) Land Management Specialist (w/attachment) Community Development Coordinator (w/attachment) Public W orkslUtility Director (w/attachment) Engineer (w/attachment) file (w/attachment) attachment ... . _.,'. .'~ ..........r.t~,....w~'I"""'':':t. , j" i piClEIlWIETI MAR 0 7 1995 March '6, 1995 CITY OF WINTER SPRiN City Manager TO: city Manager, John Govoruhk FROM: Engineer, Mark L. Jenkin_s, ~1u P.E. SUBJECT: Response to Bentley Green Homeowner's Association Letter of February 26, 1995 - As Per Your Request. I do not recommend acceptance of the streets ~n the subject subdivision as they do not meet present City Code: Sec. 9-147 "Minimum right-of-way and paving widths" (their right-of-way is less than minimum 50 feet). Sec. 9-201 "Standards for roadway base materials" (their pavement subbase less than minimum of 8 inches thick). Sec. 9-221 "Sidewalks" (there are no sidewalks). I do not recommend acceptance of the stormwater system as it collects runoff from private streets only. This subdivision has been receiving a storrnwater credit since November 1993. If I can be of further assistance, please let me know. Thank you. cc: utility Director Land Management Specialist -:-J .-...:'::.... JIECCJEIrl ~AR D 7 1 March 7, 1995 CITY OF WINTER City Mana, To: John Govoruhk., City ~1anager Thru.: John Ketteringham, General Services Directo From: Don LeBlmc, Lmd J\tfanagement S peciJ.lis Re: City Yfanager ~1emo dated March 6, 1995 Subj: Bentley Green Homeovvl1ers' .-\ssociation Letter of February 26, 1995 The Code requirements at the time of approvoJ. of the Fairway Likes at Tuscawilla (now known Bentley Green J.nd Bentley Club J.t Bentley Green) engineering required thOot street right of ways be fifty (50) feet with sidewalks. There were provisioriS in the Code that private streets could be built J.nd sidewJ.lks omitted, with Corrunission approval, but these had to be built to specific specificOotions. ..\.5 evidenc~d by the ~ttached Cornmission :vIeeting j\.finutes of December 14, 1987, the Commission waived the ftfty (50) right of way and also allowed the omission of sidewalks. In late 1990/e~ly 1991, the residents of \Vildwood Subdivision had requested that some of the streets ~1thin the subclivisio~ which were private, be accepted by the City for public maintenan< Only those portions (hOot met City requirements (fifty (SO) foot right of way \-vith sidewalks) weft accepted. .Another cJ.Se thJ.t comes to mind was the request of the residents of Bear Creek Estates thJ.t the City accept their streets for public mainterumce. These streets met City requirements, but the residents did not want to abolish the private gates. The City did not accept these. Accepting substandard streets is not in the best interest of the City and would probably lead to other private subdivisions requesting the City to take over their private street for public maintenance. For the above re:l.Sons, I recommend that the City deny the request of Bentley Homeowners' AsSOCi.1tiOIL cc: Kip Lockcuff, Public Works/lItiliry Director ;\'brk J enkir.s, Engineer , ,.j - . . ~. .... . .-.. '.. :::~.~:W}~2, . :::1' . " March 10, 1995 TO: FROM: RE: TD? ro~T:?1T tL\~,.):i~J~ WINTER SPRINGS UTILITY / PUBLIC WORKS DEPARTMENT M~R 1 d 1 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 CITY OF \i-"':tHE. Cjty ~~an John Govoruhk, City lYI:mager Kipton Lockcuff, P.E. j/v Bentley Homeowner's Association Letter of February 26, 1995 I concur wi.th the recommendations OfLvlr. LeBlanc and Mr. Jenkins regarding not accepting the private streets in Bentley Club and Bentley Green. This same request has been Iilllde by several pm'ate communities and has been tuined down. We can continue to provide them technical assistance and recommendations for any problems they encounter as we recently have. File ~ . -~f " :r ~'. ~ -'~~~~TR\ ,." . '.. ..,...../ . II . ,: : - ~ : ~ :.; ,,'. " ~. . J';" I '. I..... ;. I ~....._._~._'..l..... .;! ,.1, \. tL'.i: .\", - . " .<.,.,.j..~~) ~~ ~~r!~ 878 Bentley Green Circle Winter Springs, Florida 32708 MAR 0 3 1995 ROI"ALD S, lIADBAY:'fY. PRESto E:;!" GERJ>.Y STO RY. _ VlCE PRESIDE:;!" J. RUSSC;LL SUDDETH.. SECRET AR YITR.E:ASL'RER CITY 0;:= w;~.rTE'~ f,P:::,~~G~ Ci,y {"lanaS8i '. ~ . February 26, 1995 .... : ~.' '... '.:.. I Mayor John Bush City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 tc'~ Dear Mayor Bush: The Bentley Homeowners Association respectfully-requests that our streets, street lights and stormwater system be dedicated to the City of Winter Springs. Some background behind this request is as foUows. Our developer, lvir., A. Walter Temple, Jr., has recently relinquished control of the Bentley. Homeowners Association, which is comprised of the two Tuscawilla subdivisions of Bentley Club and Bentley Green. The abov.e named residents were subsequently duly elected as the new association directors/officers. The development was originally started as Fairway La..~es at Tuscawilla, with approximately 92 zero lot-line .custom homes divided into three units, but platted as Bentley Green. The original developer was Suncraft Development Corporation. In.the 1990 timeframe, the developer changed from Suncraft Development Corporation to A. Walter Temple, Jr., Trustee. At that time, Units 2 and 3 of the originally platted development were re-platted into 41 lots, and the name changed to Bentley Club. The total development, with the one homeowners association caUed Bentley Homeowners Association, now consists of Bentley Green with 25 lots and Bentley Club with 41 lots. ... The development was started with Bentley Green, Unit 1. It was walled along Greenbriar Lane from the southern property line to. the singledevelopment.entrance located atthe intersection of (";r""",,,,h-'-;.,r T .,,,,.. ""'d -0"'.....1"',. 't!.,., (, 'Do..t1ov G....;."'.. e"'......,r;(.'" -;~.".''''o;""lo::('\ ::!f'\r')rC"T".";"'tP1" "'-.. ....._...1_......l..-....,. ~.......J.._ "'"""'.... ;.::)_...~....._ J \:- .....~"!.. ," "L '-"'\",..... .""'" J ,. "".....&'1, ~...u '--.: -,. ::;....~.J. ~.....- c:...:._.... ....r rJ... '- r".-- -':'J- located on the south side of ~s same intersection, approximately 30 feet from Greenbriar Lane. As part of the sales pitch for both'Bentley Green and Bentley Club, prospective buyers were told that the streets and stormwater system were owned by the homeowners association as the developer planned at some time in the future to gate the community. The plan was to build a second entrance sign, which we expected to be identical to the existing Bentley Green entrance sign, located on the north side of the development entrance. Additionally, the wall was to be completed from the north side of the community entrance to the northern property line. At some point later, a gate was to be constructed between to two entrance signs. To make a lon.g story short, the community was never gated by the developer. \Vh.en the Bentley Club portion of the wall was .constructed along Greenbriar Lane, it was built starting at the north end of the property, but was terminated well short (approximately 300 feet) of the development entrance at the north end of the retention pond. The continuation of the wall around the . \.- r l' ';f.' '.: ' retention pond to the development entrance was never constructed as was shown in the original sales information packet. When the Bentley Club entrance sign was built, it was located well back from the intersection of Greenbriar Lane and Bentley Way, instead of being positioned directly across from the Bentley Green sign. The Bentley Club sign design was also significantly different from the Bentley Green sign. NI of this construction took place after the majority 0 f the homes were built in Bentley Club and there was no dialogue between the developer and the homeowners about what was to be built and where it was to be located. -. -,:,'.O:~;._._ With the current configuration of the two entrance signs, and the lack of continuity for the northern portion of the wall along Greenbriar Lane, we have determined that it would be cost prohibitive for the Bentley Homeowners to even attempt to gate the community as was originally advertised to prospective buyers. As a result, we took a survey of all current residents in the development, and it was un-mimously'decided that we should request that the City of Winter Springs accept our streets, street lights and storrnwatcr system. In inaking this request, it is our understanding that the streets, street lights and stormwater system were built to the City of Winter Springs code and design requirements at the time of construction. They were also approved by both the City Engineer and City Building Official. We understand that the current City code requires 24 foot wide streets, a 50 foot right-of-way, and 4 foot sidewalks located approximately 9 feet from the curb on both sides of the street. Our streets are 24 foot wide, but we only have a 40 foot right-of-way. We do not have sidewalks, and we are not requesting that the City build them for us as part of this request. Since our two main streets (Bentley \Vay and Bentley Green Circle) are not. thoroughfares, and dead-end in the development, we do not consider the lack of sidewalks, nor the reduced right~of-way width, to be a significant problem. " If you have any . further questions on this request, I am available at your convenience to discuss the matter in detail. Should this matter require a vote by all the Commissioners at one of the regularly scheduled Commissioners' meetings, I further request that the issue be made an agenda item, and that I be appraised of the date of this meeting, so that I can appropriately notify all of the association members. Should any studies, or any other information on this issue, be prepared by the City staff to respond to this request, I also request that this information be provided to me in advance of the Commissioners' meeting. Sincerelv, ~2~ Ronald S. Hadbavny President ./ cc: Commissioner Larry Conniff Commissioner John Ferring Commissioner John Langellotti Commissioner Cindy Gennell Commissioner David McLeod ,- f " r Regular Meeting, City Commission, Sept. ~4, 1990 Page 3 89-90-24 ~ayor Grove closed the public hearing and reconvened the Commission Meeting. Attorney Lang read Resolution No.' 649, setting the Ad Valorem Tax millage rate for FY 1990/91 in its entirety, ; Motion was made by Commissioner Kaehler to adopt Resolution No. 649. Seconded by Commissioner Partyka. Discussion. Mr. Jan Smed, Seneca Boulevard, spoke in discussion. Vote on the motion: Commissioner Kulbes, no; Commissioner Jacobs, no; Commissiooer Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Hotion was made by Commissioner Kaehler to adopt Ordinance No. 496. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; CommisRioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, no; motion carried. Mayor Grove called a recess at 10:05 p.m. and called the meeting back to order at 10:15 p.m. Bentley Club at Bentley Green-~cceptance.of water and sewer system. Also, acceptance of plat and'supplemental covenants' for' recordation: ;; Motion was made by Commissioner Jacobs to approve the request as presented subject to Staff recommendations and comments. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Planning & Zoning Board Recommendation of Sept. 19, 1990: Request of Hugh Pettit to annex Pt. Lots 30 and 51, Entzminger Farms, Add.No. 2, (2 acres on southwest corner of S.R. 434 and Hayes Road): The Planning & Zoning Board recommended approval-of the annexation request. First Reading of Ord. No. 497, annexation of Pt. Lots 30 and 51, Entzminger Farms Add. No.2, etc.: Motion was m~da by Commissioner Kaehler to read by title only. Seconded by Commissioner Hoffmann. Discussion. Motion carried. Attorney Lang read Ordinance No. 497 by title only on first readi?g. City Manager Richard Rozansky: Reports: Manager Rozansky reported the Commerce and Industry Development Board voted to relinquish their monthly expense reimbursements; therefore,. Manager Rozansky reported he will not issue checks to them. Manager Rozansky reported the Fire Department will be over-spent in the salary line code due to labor problems this year. He said it will be balanced out with the Paramedic Department. Attorney Kruppenbacher gave a brief Commission and on the Joyce Appeal. ordinances on mandatory garbage. report on.the Florida Public Employer Relations He said he has given the City Manager some .::j " .f Regular Meeting. City Commission, April 23. 1990 Page 5 89-90-14 Motion wa~ made by Comroistiio~er Jacohs to read Ord. No. 485 by title only on first reading. Seconded by Comndss ioner Kulbcs. Discussion. Vote on th~ mo tion: Conunissione [ Jacobs. aye; COlluuissioner Kaehler. aye; ConulIissioner Hoffmann, aye; COllunissioner Kulb( aye; motion carried. Attorney Lang read Ordinance No. 485 by title only on first reading as follows: An Ordinance of the City of Winter SprLngs. '~lorida. acknowledgin~ the acquisition of the City's east system frolll Seminole Utility Company and c:>t41bli:>hing wuter and :;ewcr user chargeS and other related charges and fees for said east system; providing -severability. conflicts and an cffective date. M~yor Crave called a recess at 10:05 p.m. and called the meeting back to order at 10:2.5 p.m. Bentley Club (Formerly Bentley Green Phases II & III) - Hodification of approved Final ~ngineering to reducc the density from 66 unit:> to 41 units (project loc~ted on wcst side of Greenbrinr Lane betwccn \Hnte~.E..ings noulevard a'~L~cr~~1-~ I'lotion was mude by Commi:>:>ioncr Jacobs for approval of Uentlcy Ciub moLlit ication at final engineering subject to the engineer's letter of April 6. l~~O. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann. aye; Conllnissioncr Kulbcs, aye; Conuni~sioner Jacobs, aye; COllUnissioner Kaehler. ayc; motion carried. Arbor Glenn (Parcel 90) - Approval of Plat and Covenants: Glen Ea'lc Units III & IV - A roval of Plat: Hotion wa::; llIade by Commissioner Kul.bc:i Ear the approval of plnt and covenants for Arbor Glenn nnd [1150 that the plat of Glen E.:ll',le be ,\pproved for recordation. Seconded by COlllml~:;ioncr Jacobs. Discussion. Vllte on th~ Illation: COlllmissioner Kulbes. aye; COllunistiioncr Jacob~, aye; Conunissloner Kilchl~ r, ;lye; Commiti~iol\er l1ot(m~\On, aye; motion ci.lrrled. City M<1nagcr Richard lloz..\nsg: MLll\chly report::; have bcen Ji::;cribuced. ;.~::'~~ Commission Scat IV - William A. Jncobs: COlluni:;::;loner Jacobs :>pokc about Hr. Akers' proposal. .::: .::,~ ~ission Seat 1 - Cindy Kaehler: COllunissioner Kaehler asked the Attorney to have the impact fee ordinance for police and fire for the ncxt meeting. She also spoke about a call she received about refunding for having your animals spayed or lIeutcred. One of the local veterinarians is not paying his tag fees and as a result the County is not issuing this individual any tags. Attorney Parker i going to check with Public Safety Depaitment of Seminole County. Commission Se~t 11 - Arthur Hoffmann: The Workshop Meetinl!. that was schl::duled for April 30th was cancelled by the Mayor. COllunissioner Hoffmann reportcd he attended a Channel 24round-tnble discu~siol\ dC;ll with four different issues for:the 1990's. It will be televised next Monday. Apri JOch. 8:00 p.m. He also spoke about the Seminole County Social Studies Fair he at a t Semina le Communi ty College with Connnissione r Kulbes. . '(1/ i~ ~,. -- .. "."....,. .., ..01, ............. ..: '"'''''' .,.....,P . ' ~.......",:..' ;;.. : .!t"..~; t!H...~2:.;.I:':'~I~:'" ~ 'L> C) ORDINANCE NO. 467 &1 ORDINANCE OF THE CITY-OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE V. DESIGN STANDARDS, SECTION 9-296 TYPICAL STREET SECTIONS, CHANGING JO' RIGHT OF WAY FOR PRIVATE, SUBDIVISIONS TO 50' RIGHT OF WAY FOR PRIVATE SUBDIVISIONS; PROVIDING FOR CONFLICTS, AND EFFECTIVE DATE. . .< Florida, has determiend it to be in the interest of the public health, WHEREAS, the City Commission for the City of Winter Springs, Code; safety and welfare that all streets and alleys be designed and built to \.-..::..;.:..,..; ~ ..'C.;:,;" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: of Way for private subdivisions. 9-296., Typical street sections, 30'Right of Way be changed to 50' Right SECTION I: That Article V.Design Standards, Section SECTION II: All ordinances or parts of ordinances in conflict herewith' are specifically repealed. SECTION III: This ordinance shall take effect upon its passage and adoption. ! ..~. . -.'-'.lo "~'~";~' Passed and adopted this r) (,r4 day of ~-,..L j , 1990. ...,:-.::.' : --;,~~ ATTEST: ~r:~ CITY C ERK " First Reading 2/12/90 Posted 2/16/90 Public Hearina ~n~ ?~rl o .... ~ J ~ _ ': " ""....: II," ,'"~..":":.~ ~:. '''.' 'to ,'I . " Regular Meeting, City Commission, _April 10, 1989 Page 4 88-89- John Casselberry will be on the Agenda for the next meeting. Bentle' Green Unit I-Acce tance of PI~t and Covenants for recordation: Hotion was made that we accept the final plat and covenants of Bentley Green Unit as corrected and amended by the Attorney and City Engineer. Seconded by Conmissiol 1I0ffm[lTln. Discuss-ion. Vote on the motion: Commissioner Kulbes, aye; Conimissloner Jacobs, nye; Commissioner Partyka, aye; Commiasioner Kaehler, aye; Commissio\er 1I0fEmann, aye; motion carried. , ~ : ",-,..,' -:..- Tuscawilla Trail-Acce tance of Plat and Covenants for recordation: ~rotion was made by Commissioner Kulbes to accept the plat and covenants on Tuscawi Trail. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissic Jocobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Planning & Zoning Board Recommendations of March 29, 1989: 1. SW Part of Lot 17, filk. B, Mitchell Survey of Levy Grant, PB 1, PG 5, 2.85 acre at SW Corner of Lot l7-north of intersection of SR 434 and Brantley Ave., north of railrood-add to Winter Springs Land Use map at Light Industrial classification (20 C~2)(Reclassification from Seminole County Suburban Estates). (Application withdraw The City Planner explained there was a public hearing on two small scale amendment: the Comprehensive Plan, the first one being the three acre proposal for the Joyce property to change the land use that Behe and Umholtz are using. In the proposed agreement that was to settle the issue there was a difference of opinion on the we so it was not executed and the applicant withdrew that application, and as o~ now I is no application for that specific purpose. Miss Koch explained the entire Joyce property has been added to the spring amendments to the Comprehensive Plan with a proposed residential zoning. No action was taken by the Commission, this was just for information that the application was withdrawn and there is no current movement for light industrial on that property. .:.: - --:.. 2. Part of Lot 8, Blk. A, Mitchell Survey of Levy Grant, PB 1, Pg. 5, 1.36 acres immediately south of intersection of SR 434 and Tuscawilla Road-reclassify land use to Light Industrial (Zone C-2): The request was to change from commercial to light industrial to enable the develop of a gas station, car wash and a little island, small shop that sells snacks, etc. It was suggested there are a couple of ways to deal with this rather than to rezone the property to C-2. O~e alternative is to change the C-l zoning code to allow this type use and to protect it from convenience stores by limiting the square footage 0 the grocery sales area~ The square footage could be limited to no more than 500 to 800 sq. feet, whatever the proper size would be to avoid becoming a convenience sto; The othe~ alternative is to determine that this is not what is listed in zone C-2, and not listed in zone C-I, and is determined this is not a convenience store, then they could go to the Board of Adjustment and ask for a special exception. Co~issioner Partyka said if this came before the Commission for a vote, he would ve against it, because he has some problems with this. This is a classic case of piece meal development and until we have a plan for the City, and until we know where the City wants to go over the next two, three or five years, that is his position. % o U C>l ''0 ~ ....... .,) .,-' ..-' ',-'I.f\'~' ....~ -s. "0 tk" --! .., U u 0) U . -0 I.f\ .r ~ <<> ..-' C>l 0 ~p~~ ." ~ C. r o~ liar Meeting, City Commission, January 9, 1989 .,. ~<> \~ .r ~ t ~ jblic Hearing for Ord. No. 444, amending Section 14 of the Land Development ~o""'~?:odc, etc. Second Rending: _y Attorney Kruppenbacher read Ord. No. 444 by title only on second reading. ~!ayor Grove recessed the Commission Meeting and opened the public hearing on Ord. No. 444. I / 110 one spoke -for or against the Ordinance. Mayor Grove closed the public hearing I and reconvened the Commission Meeting. Page 3 88-89-8 ( Hotion was made by Commissioner Kulbes to adopt Ord.No.444. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jncobs, nye; Commissioner Partyka, aye;,Commissioner Kaehler, aye; Com~issioner 1I0ffm<lnn, aye; :notion carried. rubUc lIearing for. Ord. No. l,l,9, repealing Sec. 16-46 and 16-51 of Art. III User Fees and Charges nnd providing for new Sections, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 449 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing on Ord. No. 449. No 0ne spoke for or against the Ordinance. Hayor Grove closed the public hearing and reconvened the Commission Meeting. Notion was made by Commissioner Kulbes to adopt Ord. No. 449. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Mayor Grove called a recess at 8:15 p.m. and the meeting was called back to order at 8:25 p.m. Senior Center-Architect's Proposal: Mr. Soellner, Architect, presented a proposal to build an addition of approximately 4,100 square feet to the existing building and that could be built for $175,000.00. Mr. Soellner said he looked into a steel structure with metal roof, concrete block and stucco walls and this would cost an additional $17,000.00. Discussion followed. Commissioner Partyka asked for several options that he could look over, best possible price of a butler building, best possible price for concrete block building, maybe the fanciest, the cheapest, and some drawings and pictures to look at so that a decision could be made on which is the best and most affordable. Commissioner Kaehler also said the Commission needed to see the best concrete block plan and as an alternative,a butler building, and if there is another option, they would like to see that also, the square footage of the different plans, what would have to be added, etc. Commissioner Hoffmann nsked for these plans so that he could look at them at his leisut'e so he could determine which would be the best way to go. ~lr. Socllner said he would be able to bring options back to the Commissioners at the next meeti.ng. Bentley Green-Developer request for one (1) year extension of Final Development Plan (Section 44.85.l1.e): <. t).::.J- Regular Heeting, City Commission, January 9, 1989 Page 4 88-89-8 Motion was made by.Commissioner Kulbes that we grant the developer of Bentley Gre~r a year's extension on his final development plan. Seconded by Commissioner Jacobs. Discussion. City Engineer Len Kozlov spoke about the muck problem with Greenbriar Lane extension construction. Vote on the motion: Commissioner Jacobs, aye; Commis! Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Parcel 90 (Stable/Pasture Land) - Presentation b Develo er of reconfi ured Lot 1: The Land Development Coordinator, Don LeBlanc, explained that on Dec. 12, 198B Parcel 90 was approved with the stipulation that Lot 1 not be built on. Since the; the Developer has reconfigured Lot 1. Mr. Chuck Thompson made a presentation of h reconfigured lot. (Attached to the minutes is a copy of his letter and plan). .-- .-- ~ ~~~;~~ .., Hoticm was made by Commissioner Jacobs to approve the plan presented for the deve1 ment of Lot 1. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Partyka, no; Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commission~r Kulbes, aye; Commissioner Jacobs, aye; motion carried. There was discu~sion on the need for an ordinance to not allow building on easemen and to decide what is a buildable lot. Woodstream - Variance for Kim Court: The letter [rom the developer, Don Corby, requesting the variance is attached to t minutes. ~[otion was made by Commissioner Kulbes that the variance as requested be granted a that the construction be approved by our City Engineer~ Seconded by Commissioner Partyka. Discussion. Vote on the motion: Con~issioner Kaehler, aye; Commissioner Hoffmann, aye; Commis.sioner Kulbes, aye; Commissioner Partyka, aye; motion carried ~''";:~:~~~:-. ~ Hilnuge c Richard Rozansky: 1.Rec1eation Property Acquisition: Hanager Rozansky said the following property is available: the Indian Ridge property, price 1.3 million, 44.99 acres, vacant; there are twe _parcels bisected by Moss Road. One parcel is 29.39 acres. The northeast sectie has 706 feet on S.R. 419. The other parcel is 15.6 acres and has approximately '827 feet on S.R. 419. The next parcel, Cargo Realty, along Lake Jessup, the cost is $30,000 per acre. The parcel consists of 35 acres with an asking price of $1,050,000. The next parcel is along Lake Jessup' owned by Nelson & Company. The cost is $7' for approximately 24.07 acres. Another park site submitted by Binford Realty the cost is $1.24 million for 54 on S.R. 434 by Tuscora. Another park site submitted by Binford Realty, the parcel is Foxmoor 4, for $54 54.09 acres. .1.,' 0" ,~'C .site is the part of the golf course on S.R. 434, 22.03 acres and the co "Ot t",<:,> ..,.(.~. 1: "'<:,> C'~ ('..r ') "'<:.> ~r.s'(' ~- ,..., 0' . <:.>? # t". '. ,~ .. J __J Regular Meeting, City Commission, May 23, 1988 Page 2 87-88-16 O~k Fores~ Units 6, 7 & 8: Manager Rozansky explained that Oak Forest Units 6, 7 and 8 were tabled at the Hay 16, 1988 meeting and were carried forward to this meeting. A meeting was h~ld with the Developer's Engineer and members of City Staff and representatives of the Oak Forest Homeowners Association to discuss the drainage problems in Oak Forest Unit 6. A timetable was established for resolving the problems. City Engineer Mr. Kozlov explained that revised engineering for Oak Forest Unit a is being reviewed. After the minor problems are resolved it will be back on the Agenda. Fairway Lakes at Tuscawilla (Bentley Green) - Final Engineering: Motion was made by Commissioner Kulbes that the final engineering plans for Bentley Green be approved as noted by Engineer and Staff. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, ayei Commissioner Kaehler, ayei Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, ayei motion carried. City Hanager Richard Rozansky: Ranchlands Road Survey Report: The Ranchlands Paving Survey to the City Manager from the Land Development Coordinator read as follows: "Initially, 286 surveys were mailed out. Some of thp-se surveys had more than one piece of property listed. The survey was sent to only those property owners whose property abutted dirt roads. The survey results address parcels of land, not the owners per se. In other WOLds, if one survey listed two p~rcels, the tally was doubled. As of May 20, 1988, 248 votes were received with the following res~lts: 176 or 71% voted NO 5/23/88 - 3 NO 64 or 25.8% voted YES 8 or 3.2~ were undecided (not a definite yes or no) . .< ..f;' '. - ~ A further breakdown was made for that property south of Tradewinds in Section lA and all of Sections lB, 6 and 7. 116 votes were received with the following results: 65 or 56% voted NO 48 or 41.4% voted YES 3 or 2.67. were undecided Hr. Carl Stephens, Fisher Road, asked the on the paving issue in the Ranchlands for the CO~r.iS5icn could express an intention could not be bound by that action. Commission 15 years. to place a to consider placing a moratorium Attorney Kruppenbacher explained moratorium but future commissions Mrs. ~nn Schneider and Mrs. Doris Sutter of Morton Lane both spoke for the paving and reiterated that the original request was for paving in the southern portion only. z Kane & Associates: Hotinn was made by Commissioner Kulbes to approve the proposal of Kane & Associates to perform a financial study of the City's finances in the amount of $17,000. Seconded by COUlmissioner Trencher. Discussion. Vote on the motion: Commissioner Kaehler, ayei Commissioner Hoffmann, ayei Commissioner Kulbes, aye; CommissioneL Jacobs. aye; Commissioner Trencher, ayei motion carried. -. . , ....... .....,.......... ,. ---..J '----1 ~ .- Regular Meeting, City Commission, Dec. 14, 1987 Page 2 87-88-5 Florida Dept. of Transportation-status of S.R. 434 Project - Development and Environment Stud _Barton-Aschman Assoc~ates, Inc.: Mr. Henry Fuller from the Florida Department of Transportation, project manager for the project development and environmental study, spoke to the Commission abo the study that is no~ under~ay on S.R. 434 from the intersection of S.R. 419 and S.R. 434 to Oviedo and to the University of Central Florida. He'said constructi ~ill probably start in 1992 and a lot ~ill depend on the expressway and ~hen it constructed. Mr. Brent Lacy ~ith Barton Aschman was introduced and gave a small presentation. He said the study is made up of a number of elementS. the first' which i's data collection which is almost totally completed. The next phase is design traffic forecasting which has been completed and is ready to be submitte' to the Dept. of Transportation for their review. The next phase is an alternat analysis and Mr. Lacy made a slide presentation. He explained that alternate alignments and conceptual designs for improvements have to be developed. An aerial photo was presented which covered the entire project from S.R. 419 t, the University. Another exhibit presented was the project corridor.. Commissioner Trencher asked if something could be done to provide some interim at Wagner's Curve. Mr. Fuller suggested that the County Commission or the MFa contacted. Commissioner Hoffmann asked if some street lights could be install along S.R. 419 for safety reasons. Mr. Fuller said he would relay those messa MIENDMENT TO COMPREHENSIVE PLAN-Public Hearing for Ord. No. 407, amending the Comprehensive Plan in accordance ~ith F.S. 163.3187: providing for the additi' annexed property to the Land Use Map at Light Industrial Classification; provo for the zoning category C-2 for the property on the official zoning map. etc. Second Readin : Attorney Kruppenbacher read Ord. No. 407 by title only on second reading. May recessed the Commission Meeting and opened the public hearing. Jacqueline Ko' Director of Administration/City Planner. explained this is the last step to , amendments to the Comprehensive Plan. The first public hearing that was hel, the Commission voted to transmit the intent to add that as Light Industrial. wa. sent to the State. and just today we received the official word from the ment of community Affairs that they have no objection. Hayor Grove closed the public hearing and reconvened the commission H<eting. Motion was made by commissioner Jacobs to'adopt Ordinance No. 407. Secondei Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trench' Commissioner Kaehler. aye; 'Commissioner Hoffmann. aye: commissioner Kulbes. Commissioner Jacobs, aye; motion carried. Planning & zoning Board Recommendations of December 9. 1987: Final Develo ment Plan prelimina En ineerin for Fairwa Lakes at Tuscawi Don LeBlanc. Land Development coordinator, explained this is a 92 unit dev, between Greenbriar Phase 1 and Braewick, and that the developer will be se' variance from the Commission for a forty foot right-of-way vs. a fifty foo' of-way for streets as these will be private streets maintained by a homeow association. They will also be seeking a variance to have sidewalks on on of the street only. There was discussion of the second exit. Mr. Walter T owner of the property and Mr. Austin. the engineer, were present and spoke Commission. "_:;'; ~.:..~J .;"" . . .. . ',-... "..., '. ':::~~~il':'~~~::~:) --..... --....... -. -fl~ . , ~ -....... " u.,.. " 0 'YO , / J.. " ~ ." ,^' "y .J .:;." #' o 0 c..; ~ '--< J :; ~ Regular Meeting, City Commission, Dec. 14, 1987 Page 3 Motion was made by Commissioner Trencher to approve forty foot right-of-ways, no sidewalks, two lanes outbound, one lane inbound, and having the only sidewalks on Street A, that is so there is some access to the right and left of the traffic exit in this situation and subject to Staff's other comments and subject to the engineering review and Staff Review ~7 for a brick wall. Seconded by Commissioner Jacobs. Discussion. Vote on She motion: Cornmiss~oner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. First Reading of Ord. No. 408 rezoning Lot 7, less the west one foot thereof, in Block 8 of N. Orl. Townsite, 4th Add., etc.: Motion was made by Commissioner Jacobs to read Ord. No. 408 by title only. Seconded by Commissioner TRencher. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Attorney Kruppenbacher read Ord. No. 408 by title only on first reading. The public hearing will be scheduled for January 25, 1988. Resolution No.-582 supplementing the Personnel Policy and establishing official holidays for the Calendar Year 1988: Attorney Kruppenbacher read Resolution No. 582 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 582. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Resolution No. 583 expressing appreciation to Lawrence A. Cerra: Attorney Kruppenbacher read Resolution No. 583 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 583. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Resolution No. 584 expressing appreciation to Jack Afflebach, Winter Springs Development Corp., etc.: Attorney Kruppenbacher read Resolution No. 584 in its entirety. Motion was made by Commissioner Jacobs to adopt Resolution No. 584. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Appointment to Code Enforcement Board - next meeting. Site STandards in Residential Zoning Areas - next meeting. City Manager - Richard Rozansky: 1. Bid Opening-motorcycle for Police Department Motion was made by Commissioner Trencher to accept the bid from Cycles of Longwood in the amount of $7,114.50. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried.