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Home My WebLink About1998 09 28 Regular Item C COMMISSION AGENDA ITEM C Consent Informational Public Hearing Regular X September 28, 1998 Meeting ffW ~ Mgr. I Dept. Authorization REQUEST: City Manager requesting the acceptance of public facilities for Stone Gable to be taken from the table and accepted. PURPOSE: The purpose of this agenda item is to have the Commission take this item off the table and accept the pubic facilities as per City Code. CONSIDERATIONS: On September 14, 1998, the Commission tabled Consent Agenda "D" providing for public acceptance of public facilities. This action was taken as a result of the unresolved Flood Plain and Street Lighting Issues. FLOOD PLAIN ISSUE: The Commission was concerned about the subdivision possibly being in the 1 00 year Flood Plain and requested that the City contact FEMA to see if they would confirm the City Engineer's conclusion that the subdivision was not located in the 100 year flood. The City Manger and City Engineer discussed this issue with FEMA staff. FEMA advised that FEMA does not make decisions relative to local development projects being within the 100 year Flood Plain, that these decisions are the responsibility of the local Flood Drainage Administrator. In Winter Springs this is the responsibility of the City Manager or his designee. The designee is the City Engineer Mark Jenkins. Mark Jenkins advised the Commission that the proj ect is not in the 100 flood Plain. September 28, 1998 AGENDA ITEM Page 2 At this point we have no lawful way of denying the acceptance of public facilities on the basis of this project being in violation of any local, State, or Federal Flood Plain law or regulation. The Commission requested FEMA to answer three additional questions. FEMA is forwarding answers by letter. STREET LIGHT ISSUE The other issue of concern was the participation in streetlighting cost. I have advised the developer that they are entitled to the same City participation in street lighting made available to other residents as long as the City is not made responsible for collections. This could be done through an assessment district or an agreement with Florida Power where the Homeowners Association would pay their portion of the light bill directly to Florida Power. FUNDING: Cost for the City's share of the street lighting would be approximately $3,000 per year. RECOMMENDATION: The following recommendations are made relative to this issue: 1. The Commission remove the item from the table for action. 2. The City extends its street lighting participation policy to Stone Gable 3. The Commission approve the acceptance of public facilities based upon the developer working out payment arrangements acceptable to the City that would not put the City in the position of a collection agency for the Power Company. Attachments: September 17, 1998 from City Engineer to City Manager September 5, 1998, letter of City Manager to FEMA September 14, 1998 Consent Agenda Item "D" CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 J~ SEP 1 8 1998 DATE: September 17, 1998 CITY OF WINTER SPRINGS City Manager TO: City Manager, Ronald W. McLemore FROM: City Engineer, ~ //\ Mark L. Jenkins, P.E. -V- SUBJECT: Stone Gable PUD - Answers to Floodplain Questions At your request, I am providing answers to the four (4) questions in your September 15, 1998 letter to Brad Loar, of FEMA, and answers to three (3) additional questions you had. Question #1: "According to currentflood plain maps, is Stone Gable Subdivision within the J aO-year flood plain?" ANSWER: No. This subdivision is completely outside the 100-year flood plain as shown on the latest FEMA map, effective date April 17, 1995. Question #2: "Are the City of Winter Springs current flood maps correct?" ANSWER: Yes and No. The data shown on the latest FEMA map is basically the original Army Corps of Engineers data from 1978. There are areas known to me to be in error; such as: "No Name" Creek south of Alton Road, most of the Bear Creek area and portions of Howell Creek north of Winter Springs Boulevard. A letter was sent to FEMA's consultant, Dewbeny & Davis, on October 17, 1997 to establish ''points'' toward a FEMA restudy of Seminole County. This same information was also sent to FEMA in Atlanta on May 18, 1998. Question #3: "If the flood maps are not correct, what must be done to have them corrected?" ANSWER: FEMA is responsible for making the corrections to the flood map and they do this via Letter-Of-Map-Revision (LOMR), Letter-OF-Map-Amendment (LOMA) or a reissue of the map if enough corrections need to be made. FEMA was sent a complete copy of our Stormwater Master Plan, complete with computer modeling of selected areas in the City, on August 19, 1998. I requested that they use this information in con'ecting the present map. FEMA will make a decision on acceptance of this data or not. Also, LOMR's have been processed from time to time by individual residents and developers to remove lots from the 100-year flood zone. I have been told by FEMA that all their restudy monies have been allocated through the year 2000 and Seminole County is not on the list. Floodplain Questions Memo to City Manager September 17, 1998 Page 2 Question #4: "If the flood maps are not correct, is there anything that would lead you to believe that Stone Gable Subdivision would be within the 1 OO-year flood plain when corrected?" ANSWER: No. The official FEMA Base-Flood-Elevation (lOO-year flood elevation) closest to Stone Gable is elevation 17.0 feet (referenced to sea level). The lowest lot or roadway elevation in Stone Gable is elevation 24.0 feet (referenced to sea level). Stone Gable is seven (7) feet higher than the 100-year flood elevation. Additional Questions received from vou cn September 17. 1998: Ouestion #5: "Is it unlawful to build in aflood plain" ANSWER: No. There are additional requirements ancVor restrictions for building in a floodplain. The City of Winter Springs has these requirements in Chapter 8 of the City Code. I am not aware of any municipality, county or state that prohibits development in a floodplain. I posed this question to FEMA and they are not aware of any such prohibition. The National Flood Insurance Program, implemented by FEMA, also spells out what must be done when building in a flood plain. To attempt to prohIbit development in a flood plain would involve the City in endless litigation. Question #6: "Have we allowed construction in ajlood plain without meeting City Code or FEMA requirements?" ANSWER: No. 01lllestftoll1 #7: "Is any buildable portion of Winding Hollow in ajlood plain?" ANSWER: Officially, some building pads are presently in a floodplain but a LOMR with FEMA is pending to remove those areas from the floodplain. The final result, after FEMA issues the LOMR, is that there will be no buildings in Winding Hollow inside the flood plain. In addition, City Code requires that finished floors be at least 18 inches above the nearest 100-year flood elevation. Winding Hollow is in compliance with this requirement. If you h.:we additional questions, please let me know. cc: Community Development Director September 15, 1998 Brad G. Loar Mitigation Division FEMA 3003 Chamberlee- Tucker Road Atlanta, GA 30341 RE: City of Winter Springs Community # 120295 Firm Map Panel 12117-C0135E Dear Brad: Please find below four questions relative to flood plain issues in Winter Springs. Since questions 1 and 4 deal with the approval of a subdivision plat that is currently before the Commission, I would appreciate an expedited response. 1. According to current flood plain maps, is Stone Gable Subdivision within the 1 DO-year flood plain? 2. Are the City of Winter Springs current flood maps correct? 3. If the flood maps are not correct, what must be done to have them corrected? 4. If the flood maps are not correct, is there anything that would lead you to believe that Stone Gable Subdivision would be within the 1 DO-year flood plain when corrected? Sincerely, Ronald W. McLemore City Manager RWM/jp Attachment Stone Gable Location COMMISSION AGENDA ITEM D Consent XX Information Public Hearinf! Ref!ular September 14. 1998 Meeting MGRk:lJM. ~ REQUEST: Community Development Department, Land Development Division, requesting Commission approve the acceptance of the water and sewer system, the reclaimed water system, the stonnwater management system, the roads and the street lighting for public ownership and maintenance within the Stone Gable Subdivision. PURPOSE: The purpose of this Board item is to request that the Commission accept the improvements within the Stone Gable Subdivision for public ownership and maintenance. This subdivision is located on the south side of SR 434 and west of Winding Hollow Boulevard. APPLICABLE CODE: Code Section 9-76(b) Maintenance Bond. When requesting to record a plat for which the improvements have been installed, inspected and approved by the City Engineer and when the City is being asked to accept such improvement, the subdivider shall provide a maintenance bond payable to the City guaranteeing the performance of required and installed improvements for two (2) years after the date of completion and acceptance by the City, executed and enforceable in the same manner as the corporate or surety completion bond. The bonds shall be in the amount of ten (10) percent of the estimated construction cost of all improvements to be owned and maintained by the City. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the City, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. September 14, 1998 CONSENT AGENDA ITEM E Page 2 FINDINGS: 1) The plat for Stone Gable subdivision was approved for recordation at the June 22, 1998 Commission meeting. 2) Stone Gable subdivision improvements have been inspected by the Fire Department, Police Department, Public Works Department, Utility Department and the City Engineer. All agencies found the work acceptable. 3) The City Engineer reviewed and approved the construction cost of . $517,500.95 (10% bond amount of$51,750.1O) for improvements to be accepted for city ownership and maintenance. 4) The City Attorney has reviewed the Irrevocable Standby Letter of Credit issued in the amount of$51,750.10 and found it to be acceptable with the exception of the expiration date which must be two (2) years .from the date of issue. This has now been corrected. RECOMMENDATION: The recommendation is that the Commission approve the acceptance of the water and sewer system, the reclaimed water system, the stormwater management system, the roads and the street lighting for public ownership and maintenance. These improvements are located in the Stone Gable subdivision. ATTACHMENTS: July 9, 1998 - City Engineer Memo to Land Development Coordinator August 27, 1998 - City Engineer Letter to Kirby White, P .E. August 27, 1998 - Land Development Coordinator Memo to City Attorney - Irrevocable Standby Letter of Credit issued by Nationsbank of Texas, N.A. COMMISSION ACTION: ~,- (~ ("" CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE.ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327.1800 / TO~ Land Management Coordinator Donald LeBlanc FROM: City Engineer /M (/ Mark L. Jenkins, P.E. r-- SUBJECT: Stone Gable PUD - Constroction Costs for l\tIaintenance Bond. I am in receipt of the engineer's opinion of construction costs for s31litary, water, reuse. storm lines and paving for the subject project His letter dated July 02, 1998. His estimate of cost for the meotioned items is $517,500.95. Ten (10'J-6) percent of this cost is $51,750.10. I recommend this amount be used for the 2-year maintenance bond If you have any questions, pIe-ese le[ me know. cc: Community Development Director P. Works! FtiEtv Director " ./' CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 August 27, 1998 Kirby White, P .E. Donald W. McIntosh Assoc., Inc. 2200 Park Avenue North Wmter Park, FL 32789 RE: Stone Gable pun - "As-Built" Inspection Dear Kirby: An "as-built" inspection was performed on June 19, 1998 of the completed site. All deficiencies, from'that inspection, have been corrected. I recommend the subject final engineering be forwarded to the City Commission for acceptance and approval, after we receive the Maintenance Bond for this site. If you have any questions, please give us a call at 327-1800, ext 315. Zynka Perez can be reached at the same number, but ert 316. Sincerely, /l?l~avL o!c;i<-J~~. Mark L. Jenkins, P.E. City Engineer cc: Community Development Director ~nd Dcvclopmcnt Coordinator Kirhy Whit!;, 1'.1-:. F;LX II 644-831 X .cITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Checklist .[or: ~As-built" Inspection o Maintenance Bond Inspection Bond # Expiration dare Site or Project S;TOf.JG.C;~ PUD The following departments have no outstanding deficiencies aQalnst this site/proiect: (initial and date) . ,. Public Works Utility (water & sew~ ^'A ./' Police .~ --caQ9- ~ /I rT/1z:HCt:7 ,. Fire I-YI1 . . . Finance . . m~ . ,; . fiae- /Jwr, . Building Additional Comments 8-63- CJfj - ~v, F~ CDP'7' zr PPOT I1cc.&PT/WC6 a= /)/tJ/Tif 2. /m/J/2.IJV1S. e SF-{ ~3'1 r=ieorn mlKe.7btJt::), I ~~/i~. ~S) - AE~~( /TGYn 7O-.f)4Tt:::. IS" S~/jI'J1"T/7TL q= ~~aJ~L) / WINTER SPRINGS FIRE DEPARTMENT 102 NORlli MOSS ROAD WINTER SPRINGS. FLORIDA 32708 TELEPHONE (407) 327-2332 FAX (407) 327-8514 MEMORANDUM To: Donald LeBlanc, Land Management Specialist From: iimothy J. Lallathin, Fire :~i~f ~~ f Date: August 24, 1998 '.;;;".': . . .... . ',:tq:,. Subject: Stone Gable, Developrileh'flnspection . . ... . An inspection of the above listed development ocCurred on 8121/98-:,~ith the fo~lowing results. ~i:.' ..' :" . .. ~T'~'7:~:~' .' ....).. .: \,,~ - . 1. The fire hydran.t~ have been inspect~d :arid me,et .City requiremen~.. Inspection results are attached. '. .' . '.. fj t;, ~. . " ~. No additional comq,ents. are offereda~thi~tiQje, and no additional in~pections will be required. JJ . '~., .~~; ::".;~.:~. ~ ..... ~i . ~~ ~ ~'.~~ ft',:. ~~ ~~ '.'~ ~~i . ~.. ~; " ~ ":~~r.. .....' ~ ';:-, -"0 .... ,;;, .~: f: ~;.. :~.:r'" ~( ....;~. .~ ..,.......~~.)~. .. i ;} cc: Building D~partment ...,., -',",,,,,,. Engineering~"; t:\ r{ . Kipton Lockcuff, Utility Director~'" David O'Brien, De'puty Fire'Ctlie:f Attachment: 1 RECER'f.ED~ ?rtECElI'\.rED AUG 2- it 1998 ,1.\ UG '- i:i998 '.oj .: ;:i ; : t 1 ~ . ,; .; ",'.. . . ;; : '_"'. :.\1.::.: ". . ,::;;j ,.: ..1.1..1:;.,..... . . ..' ........... 10 34 AU FROM CITY OF WINTER SPRGS i8 : JU\1 PO 1/03 .August 27, 1998 To: .B<;lb Guthrie, City Attorney From: Dolt LeBIllltC, L.nd~oIopmeltt CoordinatOr~ Re: e ~roposed Maintcnanc;e Letter of Credit I . . . .. stone Gable Subdivision b Please review the above referenced propclsed Maintenance Letter of Credit for legal purposes. My review is favorable with the e~ception of the Expiry Date which has to be 0 (2) years from the date that the Commissioll accepts the improvements. I The City Engin_ has detelll1ined that the amount shOWlt i. acceptable. I I . ~ . ." !7/Z'd . SEP 04 1998 13: 09 FR RE STBY LC ...-. - 11 .. NanGn.BanK 2145082428 I U ~14'~:r(')':::'(b':H'::: ~.~.:::/~.) IRREVOCABLE STANDBY LETTER OF CREDIT ISSUING [(AI-4I<:I NATIONSBANK~ N.A. r SSUE DATE: 04SEF'98 EXPIRY DATE: 14SEPOO LETTER OF CREDIT NUMBER: 940937 PLACE: DALLAS, TX AMOUNT: USD 51,750.10 FIFTY ONE THOUSAND SEVEN HUNDRED FIFTY AND 10/100 BENEF I C I AF.:Y :: THE CITY OF WINTER SPRINGS, FLORIDA . 1126 E. STATE ROAD "434 WINTER SPRINGS, FL 32708 AF'PLICAI-tT :: CAMBRIDGE DEVELOPMENT, LTD. 242 N. WESTMONTE DR. ALTAMONTE SPRINGS, FL 32714 WE HEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT IN BENEFICIARY'S FAVOR WHICH IS AVAILABLE BY PAYMENT AGAINST DRAFTS DRAWN AT SIGHT ON NATIONSBANK, N.A. BEARING THE CLAUSE: QUOTE DRAWI-I UI-4DER IRREVOCABLE LETTER OF CREDIT NO. 940937 CLOSE QUOTE ACCOMPANIED BY THE FOLLOWING DOCUMENTS: A WRITTEN STATEMENT PURPORTEDLY SIGNED BY THE CITY MANAGER OF THE CITY OF WINTER SPRINGS OR AUTHORIZED REPRESENTATIVE STATING: "THE UNDERSIGNED HEREBY CERTIFIES THAT THE MATERIALS, WORKMANSHIP:o STRUCTURAL INTEGRITY, FUNCTIONII~G, AND/OR MAINTENANCE (MAINTENANCE REQUIRED TO ENSURE PROPER OPERATION) OF THE REQUIRED PUBLIC 111PROVEMENTS FOR STONE GABLE SUBDIVISION:o AS RECORDED IN SEMINOLE COUNTY RECORDS HAS BEEN DETERMINED TO BE UNACCEF'TABLE:o AND SUCH CONDITIONS HAVE NOT BEEN CORRECTED DESPITE WRITTEN NOTIFICATION TO CAMBRIDGE DEVELOPMENT, LTD. THE AMOUNT OF THE DRAFT REPRESENTS SUMS DUE AS A RESULT OF SUCH DEFAULT TO DEFRAY THE~ ESTIMATED COST OF REPAIRS TO THE IMPROVEMENTS." SPECIAL CONDITIONS~- PRESENT DOCUMENTS TO NATIONSBANK, N.A., ATTN: LETTER OF CREDIT DEPARTMENT, 901 MAIN STREET~ 9TH FLOOR~ TXl-492-09-01, l)ALLAS~ TEXAS 7::\20:;~ IN ONE LOT BY COUFUER. IRREVOCABLE STANDBY LETTER OF CREDIT NO. 940937~ PAGE 1 nRIr.INAI - -, ~ ("I _: - ':1 :. (! ..... ~ : -:, ;:- ~.! :' 0' :: :,;,,-".' " .. .,:)c.r t::J.... ..L::J;)Q .J.......J....Lt::J r-r, I\.C ..J I L.J I , 'NCdionsBank- ~~~~~w~~~u IU J._~I~~I~J~- UNLESS OTHERWISE SPECIFICALLY STATED, THIS CREDIT IS SUB~ECT TO THE UNIFORM CUSTOMS ~ND PRACTICE FOR DOCUMENTARY CREDITS 1993 REVISION. THE INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. FOR ASSISTANCE PLEASE CALL BARBARA TEAGUE AT 214-508-3097 11!~h ^#~^_~__ ~d6~SIGNATURE NATIONSBANK, N.A. "* ~ L.. ORI(;INAI *,,: TCnAL PAGE. 03 **