HomeMy WebLinkAbout1986 04 14 Regular
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IN THE DISTRICT COURT OF APPEAL
FIFTH DISTRICT, STATE OF FLORIDA
CASE NO. 86-350
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THE CITY OF WINTER SPRINGS,
FLORIDA,
Appellant,
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VS.
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IMARA CONSTRUCTION COMPANY,
a Florida corporation, and
WOODSTREAM DEVELOPMENT
COMPANY,
Appellees.
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SETTLEMENT AGREEMENT
Agreement made this
day of April, 1986, by and between
IMARA CONSTRUCTION COMPANY,
WOODSTREAM
DEVELOPMENT COMPANY
(Plaintiffs) and THE CITY OF WINTER SPRINGS, FLORIDA (Defendant).
WIT N E SSE T H:
WHEREAS, Defendant has appealed to the Fifth District Court
of Appeal the Final Judgment entered by the Seminole County
Circuit Court in Plaintiffs' favor on January 23, 1986 in Case
No. 84-3095-CA-17-E; and
WHEREAS, Plaintiffs and Defendant are desirous of reSOlving
the dispute without further litigation.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) in hand paid, the receipt and SUfficiency of which is
hereby acknowledged, and the mutual covenants expressed herein,
the parties hereto agree as follows:
1.
Plaintiff, IMARA CONSTRUCTION COMPANY, agrees to modify
its final development plan (site plan) for Fairways Club as
follows:
a.
The total number of condominium units to be
constructed will be reduced from 220 to 210 units. The second
story of the condominium units marked in red on the attached
plan, consisting of 10 units in total, will be eliminated.
b.
additional
An
entrance
and
exit
will be
constructed from and to Greenbriar Road at a location acceptable
to the City.
IF the City so chooses, ingress to Fairways Club
will be from Northern Way only, with egress only to Greenbriar
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Road, following completion of construction of the first 105
condominium units.
c. Fairways Club will be separated from Fairway Oaks
to the east by a four foot high brick wall similar to that
employed in Fairway Oaks, to run without interruption from the
golf course on the north to the drainage easement on the south.
d. A similar wall will meander intermittently through
the trees along the southerly side of Fairways Club parallel and
adjacent to Northern Way, giving the appearance of a continuous
wall.
e. IMARA shall have the option of installing asbestos
shingle roofs of a type and quality similar to those constructed
in Fairway Oaks.
2.
The appropriate City officials and departments shall
issue forthwith all permits, approvals and certificates for the
commencement of construction of Fairways Club, and shall then
make timely inspection as construction progresses.
3. The City staff has recently reviewed and unanimously
recommended approval of Woodstream Development Company's final
development plan (site plan), subject to approval of final
engineering plans, for Tuscawilla Club which provides for an
overall density for Tuscawilla Club of 7.5 units per acre. The
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City agrees to ~eithe application as submitted within thirty
(30) days of the above date. The City further agrees to approve
final engineering plans within ten (10) days of their receipt, or
to state within that time reasonable required modifications with
particularity. Failure to do so within the ten (10) day period
shall be deemed to constitute approval of the final engineering
plans.
Subsequent
inspections,
approvals,
permits and
certificates shall not be unreasonably withheld or delayed.
4. Plaintiff, IMARA CONSTRUCTION COMPANY, hereby releases,
satisfies and forever discharges the City of Winter Springs,
Florida, former and current city commissioners, and former and
current staff members from any and all claims or causes of action
arising from and by virtue of Imara Construction Company's
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application for final development plan (site plan) approval of
Fairways Club, and the subsequent disposition of the said
application by the various staff members, boards and commissions
of the Defendant City, including any claims or causes of action
Imara Construction Company may have by virtue of the appeal taken
in this case.
5. Plaintiffs agree to hold and save the City, former and
current City Commissioners, and former and current City staff
members harmless from any and all liability to American Pioneer
Savings Bank from and by virtue of the-matters addressed in the
preceding paragraph.
6. In the event Woodstream Development Company's final
development plan (site plan) for Tuscawilla Club and final
engineering plans are approved by the City Commission as provided
in paragraph 3 above at an overall density of 7.5 units per acre,
Woodstream Development Company agrees to release and hold the
City and all its officials, both past and present, harmless from
any claims, causes of action and liability on the same terms and
to the same extent as set forth in Paragraphs 4 and 5 above with
respect to Imara Construction Company. Conversely, in the event
approval is not granted as provided in paragraph 3 above and
within the time period set forth therein, Woodstream Development
Company shall be entitled to pursue whatever remedies it may have
for damages against any and all entities and individuals which or
who may be liable therefor. In that event, this agreement shall
be null and void and the terms and conditions of the original
final judgment entered herein shall remain in full force and
effect.
7. Plaintiffs and Defendant agree to execute a Joint
Motion for Relinquishment of Jurisdiction of this cause from the
Fifth District Court of Appeal to the Seminole County Circuit
Court, and a joint motion for entry of an amended final judgment
to incorporate the terms and conditions of this agreement.
Plaintiffs and Defendant further agree to then execute a joint
stipulation for dismissal of the pending appeal.
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IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
IMARA CONSTRUCTION COMPANY
THE CITY OF WINTER SPRINGS, FL
By:
By:
Bobby E. Story, Pres.
John F. Torcaso, Mayor
WOODSTREAM DEVELOPMENT CO.
ATTEST:
By:
By:
Bobby E. Story, Pres.
Mary R. Norton, City Clerk
Richard H. Adams, Jr., Esq.
Smathers, Pleus, Adams,
Fassett & Divine, P.A.
P. O. Box 3627
Orlando, FL 32802
(305) 422-8116
ATTORNEYS FOR APPELLEES
Marcia K. Lippincott, Esq.
Attorney at Law
644 W. Colonial Drive
Orlando, FL 32804
(305) 425-0116
ATTORNEY FOR APPELLANT
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Road, following completion of construction of the first 105
condominium units.
c. Fairways Club will be separated from Fairway Oaks
to the east by a four foot high brick wall similar to that
employed in Fairway Oaks, to run without interruption from the
golf course on the north to the drainage easement on the south.
d. A similar wall will meander intermittently through
the trees along the southerly side of Fairways Club parallel and
adjacent to Northern Way, giving the appearance of a continuous
wall.
e. IMARA shall have the option o! installing asbestos
shingle roofs of a type and quality similar to those constructed
in Fairway Oaks.
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2.
The City staff has recently reviewed and unanimously
recommended approval of WOODSTREAM DEVELOPMENT COMPANY'S final
development plan (site plan) for Tuscawilla Club, which provides
for an overall density for Tuscawilla Club of 7.5 units per acre.
The City agrees that the said plan is hereby approved, subject to
approval of final engineering plans, which approval shall not be
unreasonably withheld, denied or delayed. The City shall approve
the final engineering plans within ten (10) days of their
receipt, or shall within that time state reasonable required
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modifications with ~rt~~~~~\ Failure... t-n -dO--s&...wit.hi.n the
ten J lO-)"da~period shall b~ deemed to < consti tute approval crf""the
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finalefigineering plans. i j" rC, "~\J t II /,,1' ,*/1,' .J;
3. The appropriate City officials and departments shall
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issue forthwith all permits, approvals and certificates for the
commencement of construction of Fairways Club, and shall then
make timely inspection as construction progresses.
The same
shall apply to Tuscawilla Club upon approval of final engineering
plans, as set forth above.
4.
Plaintiffs
hereby
release,
satisfy
and forever
~ discharge the City of Winter Springs, Florida, former and current
city commissioners, and former and current city staff members
from any and all claims or causes of action arising from and by
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IN THE DISTRICT COURT OF APPEAL
FIFTH DISTRICT, STATE OF FLORIDA
CASE NO. 86-350
THE CITY OF WINTER SPRINGS,
FLORIDA,
Appellant,
vs.
IMARA CONSTRUCTION COMPANY,
a Florida corporation, and
WOOD STREAM DEVELOPMENT
COMPANY,
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Appellees.
p"/ :z:
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SETTLEMENT AGREEMENT
Agreement made this
day of April, 1986, by and between
IMARA CONSTRUCTION COMPANY,
WOODSTREAM
DEVELOPMENT COMPANY
(Plaintiffs) and THE CITY OF WINTER SPRINGS, FLORIDA (Defendant).
WIT N E SSE T H:
WHEREAS, Defendant has appealed to the Fifth District Court
of Appeal the Final Judgment entered by the Seminole County
Circuit Court in Plaintiffs' favor on January 23, 1986 in Case
No. 84-3095-CA-17-E; and
WHEREAS, Plaintiffs and Defendant are desirous of resolving
the dispute without further litigation.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) in hand paid, the receipt and sufficiency of which is
hereby acknowledged, and the mutual covenants expressed herein,
the parties hereto agree as follows:
1.
Plaintiff, IMARA CONSTRUCTION COMPANY, agrees to modify
its final development plan (site plan) for Fairways Club as
follows:
a. The total number of condominium units to be
constructed will be reduced from 220 to 210 units. The second
story of the condominium units marked in red on the attached
plan, consisting of 10 units in total, will be eliminated.
b.
additional
exit
will be
An
entrance
and
constructed from and to Greenbriar Road at a location acceptable
to the City.
IF the City so chooses, ingress to Fairways Club
will be from Northern Way only, with egress only to Greenbriar
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virtue of Plaintiffs' applications for final development plan
(site plan) approval of Fairways Club and Tuscawilla Club, and
the subsequent disposition of the said applications by the
various staff members, boards and commissions of the Defendant
City, including any claims or causes of action Plaintiffs may
have by virtue of the appeal taken in this case.
5. Plaintiffs agree to hold and save the City, former and
current City Commissioners, and former and current City staff
members harmless from any and all liability to American Pioneer
Savings Bank from and by virtue of the-matters addressed in the
preceding paragraph.
6. Plaintiffs and Defendant agree to execute a Joint
Motion for Relinquishment of Jurisdiction of this cause from the
4It Fifth District Court of Appeal to the Seminole County Circuit
Court, and a joint motion for entry of an amended final judgment
to incorporate the terms and conditions of this agreement.
Plaintiffs and Defendant further agree to then execute a joint
stipulation for dismissal of the pending appeal.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
IMARA CONSTRUCTION COMPANY
THE CITY OF WINTER SPRINGS, FL
By:
By:
Bobby E. Story, Pres.
John F. Torcaso, Mayor
WOODSTREAM DEVELOPMENT CO.
ATTEST:
By:
By:
Mary R. Norton, City Clerk
Bobby E. Story, Pres.
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Peter N. Hill, Esquire
Smathers, Pleus, Adams,
Fassett & Divine, P.A.
P. o. Box 3627
Orlando, FL 32802
(305) 422-8116
ATTORNEYS FOR APPELLEES
Marcia K. Lippincott, Esquire
Attorney at Law
644 W. Colonial Drive
Orlando, FL 32804
(305) 425-0116
ATTORNEY FOR APPELLANT
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Sworn to and subscribed before
President of Imara Construction
Development Company, this day of
of Florida and County of Seminole.
me by Bobby E. Story, as
Company and Woodstream
April, 1986, in the State
SEAL
Notary Public, State of Florida
My Comm. Expires:
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CITY OF WINTItR sptJNhs, FLORIDA
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1126 STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327,1800
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April 11, 1986
TO:
City Manager
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Bob PCMell, Land Developrrent Coordinator "_yKJ""'-'\'
FroM:
SUBJEcr :
Final IBvelopIlEnt Plan/preliminary Engineering for Tracts 5, 6, and 7
Mt. Greenwood Plarmed Unit IBveloprrent.
1. Background: l\rterifirst IBvelopment Corporation requested on February 20,
1986, several arrendrrents to the Mt. Greenvxxx1 PUD. The rrodification request con-
sisted of an overall reduction in density, a transfer of density within the PUD,
and consolidation of recreational facilities plan. The land use breakdown before
and after, as \\Bll as a site plan is attached for your review. The Plarming and
Zoning Board I1Et on March 5, 19 86 and deerred the arrendrrents were consistent with
the previously approved PreliminaIY IBveloprrent Plan and approved the following:
a) Housing type in tract 5 from garden apartments to townhouses (lCMering the
nurrber of dwelling units from 252 to l87); b} Addition of dwelling units in Tract 7
from 150 to 171 units; c} Consolidating the recreation facilities for use by the
entire PUD by rroving the termis court from tract 7 to tract 6 I with the stipulation
that the termis court be made a double court.
2. The objective at this Commission ~ting is the approval of subject Final
IBveloprrent Plan and Preliminary engineering for tracts 5, 6, and 7 of the Mt.
Greenwood PUD. Supporting oopies of Staff Review and Plarming and Zoning Board
minutes are attached. OUr recoIlEndation is that the approval be granted.
BP/mh
Attachrrents
PLANNING- Af.-.JD ZONING BOARD ME:ETING
Wednesday, March 26, 1986
'!he neeting was called to order at 7: 30 p.m. by Cha.i.rm3n Srredley.
K>LL CALL:
Robert Srredley, Chairman, Present
RichaJ:d IEFazio, Present
Qme DJrman, Present
Taro Joshi, Present
Jon Hall, Present
CITY OFFICIALS:
Jacqueline Koch, Director of Administration
Robert Powell, land IEveloFlfBIlt Coordinator
Approval of Minutes of March 5, 1986
Joshi rroved to approve the minutes of March 5, 1986. Seconded by DJrman.
Vote: All' Aye. M:)tion carries.
The Board ~lcorred the new Land IEveloprrent Coordinator Bob Powell.
Iequest of Arrerifirst IEveloprrent Corporation for approval of the Final IEveloprrent
Plan for Tracts 5, 6, and 7 of the Mt. Green~ POD.
Koch presented the request. These final developrrent plans reflect the arrendrrents
to the Master POD Plan for Mt. Green~ approved by th= Board at its last rreeting.
All the elerrents are the sane as ~re revie~d during the anendrrent process.
The plan for Tract 6 shows t\\D tennis courts in accordance with th= condition on
the Board' sapproval of the arrend:rrents.
'Ihe Staff reconrrends approval.
DJrmm rroved to approve the final developrrent plan/preliminary engineering for Tracts
5, 6, and 7 of Mt. Greenwood. Seconded by Hall. Vote: All aye. M:)tion carries.
The rreeting was adjourned at 8:25 p.m.
Respectfully Submitted,
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Margo Hopkins
Secretary
srAFF REVIEW MEETlliG MINUI'ES
Tuesday, March 18, 1986
Present were:
Jacxrueline Koch, Director of Administration
Gil Artman, Director of Public Works
Len Kozlov, City Engineer
Ibug Taylor, Superintendent of utilities
Polire Chief, John Covoruhk
Fire Chief, Charles Holzman
n:mnisQuinn, ArreriFirst reveloprrent
Larry Hughes, ArreriFirst Developrrent
Ray Braddock, Boyer, Singleton, & Assoc.
Rick Lambert, ArreriFirst Developrrent
Mt. GreenwcxXl PUD - Final Developrrent Plan/Preliminary Engineering for Tracts 5, 6,
and 7.
Koch stated that the Planning & Zoning Bq~d approved the change of the land use in
Tracts 5 and 7. The Staff is looking at the Final Developrrent Plan for Tracts 5, 6,
and 7.
n:mnis Quinn gave his presentation. He stated that the developer is going to add a
seoond tennis oourt as required by the Planning & Zoning Board.
Kozlov asked if they have applied for a waiver to the street standards.
_ Koch stated that the Corrmission gave ArreriFirst the waiver as requested at their last
rreeting.
Kozlov asked clarifications about the paving specifications and the drainage design.
arief Holznan stated that there is a problem with the size of the water nain. Kozlov
stated that the water nain should be 8 inches. Holznan stated that the water rrain is
6 inches. He also asked about the hydrant construction. Braddock agreed to provide
thrust blocks on the fire hydrants, as well as tie backs.
Artrran asked if there was any change with the infrastructure. Braddock stated that
there was' no change.
Koch stated that this review can continua on 'I\1esday, March 25, 1986, if any Staff
rrerrber wishes :further discussion.
arief Holznan made the rrotion to accept the conceptional aspect of the Final Develop-
rrent Plan for Tracts 5, 6, and 7 of the Mt. Greenwood PUD.
Seconded by Police arief Covoruhk.
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327-1800
March 24, 1986
MEMORANDUM
FROM: CITY ENGINEER
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TO: JACKIE KOCH
SUBJECT: COMMENTS ON PRELIMINARY ENGINEERING FOR TRACTS 5 & 7,
MT. GREENWOOD PUB
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Generally the conceptual plan is satisfactory with the following
exceptions of the drawings that were provided.
1. Tract 5, sheet 2 of 2, dated 1/2/86, there is no potable water
line connection shown to the existing water line on Mt. Greenwood
Blvd. This issue was brought up at a preliminary meeting. The
engineer claimed that there was an updated drawing providing this
information. It will be necessary to have the corrected drawing.
2. It will be necessary for the engineer to re-evaluate the direction
of slope of the gravity mains in both tracts 5 and 7. It appears
that the gravity sanitary mains are sloped in a direction where
the topographic elevations rise. The results of such a design
would be deep manholes which would create maintenance and safety
problems for staff members in the utility department.
3. On the drawing typical road section, Tract 7, dated 1/2/86,
the sidewalk is noted to be immediately adjacent to the edge of
the right-of-way line. Section 14-126, Land Development Code requires
a one (1) foot separation between the edge of the sidewalk and
the right-of-way line. However, I will accept this modification.
cc: City Manager
Public Works Dept.
Building Department
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(DEPARTMENTAL CORRESPONDENCE)
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Jacx:nleline Koch
DEP'T Director of Administration
FROM Charles L. Holzman
DEP'T Fire
SUBJECT Mt. Greenwood PUD Review, Tracts 5 and 7
DATE ~..arch 19, 1986
A thorough review of Mt. Greenwood Preliminary Subdivision Plan, Final
Developrrent Plan, Tract 5, and Final Developrrent Plan, Tract 7, indicates that
fire hydrant positioning and distant placerrent rreets our code requirerrents.
Further coordination is needed, however, to insure that utilities
conpanies do not place power/light poles, transforrrers, and/or telephone con-
trol boxes wi thin the restricted limits of fire hydrants.
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Char les L. Ho zrran
Fire Chief
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AMERIFIR5r
B:,l 'hatalgar Court, Suitt, 20B
Maitland, Florida :,2751
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DEVELDPMENT[DRPDRATIDN
February 24, 1986
Ms. Jacqueline Koch
City Planner
City of Winter Springs
1126 State Road 434
Winter Springs, Florida 32708
Re: Mount Greenwood
Tracts 3, 4 and 5
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Dear Ms. Koch:
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The referenced tracts within the Mount Greewood PUD are proposed
for development as fee simple attached townhouses. These sub-
divisions will have private streets with adjacent off street
parking facilities as shown on the engineering plans for these
tracts. These streets and parking facilities will be a part
of the limited common properties in these subdivisions and
will be owned and maintained by the appropriate homeowners
associations.
AmeriFirst Development Corporation, therefore, respectfully,
requests a waiver of the right-of-way requirements under the
design/construction standards per Section 14-95 (private
streets) of the City of Winter Springs, Florida Land Development
Regulations.
Should you have any questions on this matter or need additional
information, please advise.
2J;:1, w. ~O \
C. Philip wall~
Senior Vice President
CPW/klb
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Regular Meeting, City Commission Meeting Feb. 24, 1986
Page 3
85-86-11
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Motion was made by Commissioner Jacobs to approve the final engineering for Tuscawilla
Unit l4-B with the exception of the slopes of the ponds to be determined at a later
date after consultation with the former counsel of D.E.R. in the Tallahassee office
of our City Attorney, Mr. Richard Lee. Seconded by Commissioner Trencher. Discussion.
In discussion Commissioner Trencher asked to amend the motion to have that clarified
in writing. The City Engineer said the same concerns we have in l4-A be also carried
over to 14-B. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes,
aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye;
motion carried.
Final Engineering of Mt. Greenwood, Tracts 3 and. 4:
The City Planner explained that Tracts 3 and 4 are townhouse tracts of the northern
section of the Mt. Greenwood P.ll.D. The City Engineer and Staff are recommending
approval of the final engineering. Mr. Phil Wallace from Amerifirst spoke to the
Commission.
Motion was made by Commissioner Jacobs for the approval of the final engineering of
Mt. Greenwood, Tracts 3 and 4 and~,~aiver of Sect~()1}."l{t;::-,~~.,,~9j.b~*7.9..~,~ledillthe
!a~,;:Virst lette:rot'Fep., 2.4, 198tMi~~""I'~~~'1~li'~~"~~m~tt~i;ion.
~~~~a~{~~~:ril~~~\'j{);~"~~11V'iH5!tr~tr:+t"i~if!''sioner Kulbes, aye; Commissioner Jacobs, aye;
Commissioner Trencher, aye; Commissioner Kaheler, no; Commissioner Hoffmann, aye;
motion carried.
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Final Engineering of St. Stephens Catholic Church in Tuscawilla:
The City Planner reported that Staff has reviewed the final engineering and recommend
approval.
Motion was made by Commissioner Trencher to accept the recommendation. Seconded by
Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye;
Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye;
Commissioner Kulbes, aye; motion carried.
Fee Resolution No. 533, fixing the fees to be paid by applicants with land develop-
ment applications, zoning review applications, etc.:
Attorney Kruppenbacher read Resolution No. 533 by title only.
Motion was made by Commissioner Kulbes to adopt Resolution No. 533. Seconded by
Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trencher, aye;
Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye;
Commissioner Jacobs, aye; motion carried.
City Manager Richard Rozansky:
Motion was made by Commissioner Jacobs to accept the bid from Macasphalt as submitted.
($89,482.50) Seconded by Commissioner Kulbes. Discussion. Vote on the motion:
Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye;
Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried.
9-1-1, Street numbering ordinance and inter local agreement are to be reviewed and
any comments be given to the City Manager. This will be on the agenda for the
next meeting.
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P~lNG AND ZOOlNG BOARD MINtJl'ES
\'ednesday, March 5, 19 86
'!be neeting was called to order by Chainran Snedley at 7:51p.m.
R:>LL CAlL:
D. a:tlert Snedley, 0lairIran, Present
Ric:hard DeFazio, Vioe-Ola.inrBn, Present
Gene Donnan, Present
Taro Joshi, Present
Joo Hall, Present
STAFF:
Jacqueline I<och, Present
APProvAL OF MINUI'ES OF JANUARY 22, 1986:
,Richard rEFazio made the notion to approve the minutes of January 22, 1986, Seconded
by Gene Dorman. vote: All Aye. M:>tion carries.
~r:~v;~~t Corporatioo for==ii~~~~~i~~~lt~J5jiIJD~,,;~_;~~r
Applicant present: Phil Wallace, Anerifirst rEveloprent Corporation.
JaCCj\.Eline Koch gave her presentation. She stated that this request is to change the
designation of Tract 5 from garden apartnents to tCMflh::)uses, which would be the sane
as Tracts 3 & 4. 'n1e original mmber for the garden apa.rtnents was 252 which would be
decreased to 187 t:c::Jwn.l'x:>uses. Also to increase the nurrber of patio hones in Tract 7
to 171 (up from 150). She also stated that this is an inprovenent and an up-grade to
the area. 'Ib:! increase in patio hones would not have a negative effect. S:te stated
that the other aspect is to delete the recreaticn area in Tract 7 and locate all re-
creation open to all residents of the PUD in Tract 6. 'n1e Staff had no negative CXJIm~llts.
She raised the question of the relocatioo of all the recreatioo facilities to the
central location; eliminating the cme' that was to have been in the patio lutes secticn
and cx:namtrating everything in Tract 6. She stated that it would coocentrate the
nuisance elenent being right across fran one particular residential area.
Phil Wallace fran Aiterifirst rEvelcprent Q:>rporation gave his presentation. He stated
that the CI'lly thing they are noving is a tennis oourt to Tract 6. He stated the re-
quirercents for Tract 6 was for a playing field, tot lot, and playground. He also
stated that the developers want to give all residents the use of the termis court.
He stated that the developers want to concentrate all oonstructed tYt:es of aneni.ties
into one location~
Gene Donnan asked if Tracts 1 & 2 have their CMn arrenity packages (recreation areas) .
Phil Wallace stated no they cD not, that it is CI'lly required in multi-family areas.
Gene Ik>nnan asked if the honeotmers docunents have been prepared.
Phil Wallace stated they have a rough draft prepared.
Ja<X':{\2line I<och stated that Tracts 1, 2, & 7, have public stteets and that the residents
in Tract 7 will belalg to the overall associaticn.
ChaiDnan Srledley asked what anenities will the recreatim area part inclu:1e.
Phil Wallace stated that there will be a playing field which oould be used for foot-
ball, base}:)t!lll, socoer, or anything else. He stated that the total recreatial area
is 3.7 aoms.
Planning and Zoning Board Minutes
. March 5, 1986
Page 2
- Olai.rmm Snedley stated that 1 tennis oourt in his point of view is not enough for
a 200 acre developtent.
Richard DeFazio asked what percentage of the PUD was the recreation area.
It was determined that 3% of the whole PUD was the recreation area.
Jon Hall asked what will be cbne with tre area in which the tennis rourt will be noved.
Phil Wallaoo stated that the developers will leave acCESS to this area and trere will
be nore green area and will add park benches.
Chairrren Srredley stated that this is a request for Arrendrrent to the Preliminary ~velop-
nent Plan. '
Richard ~Fazio made the notion that the Master Plan of Mt. G:reenw\:x:ld PUD change Tract
5 from garden apa.rt:Irents to townh:mses and increase tre nurrber of patio hones in Tract
7 and also the termis oourt be noved to the CEnter of the project in Tract 6. To be
increased to cbuble termis oourts due to the number of ~lling tmits that will use it.
SeCX>nded by Taru Joshi.
Discussion. Gene D.:>:rnan stated the Board has to find that the proposed alterations
is ronsistent with the previously approved de;velopnent plan.
Richard rEFazio withdrew his notion.
Taro Joshi withdrew her secx>nd.
Richard ~azio made the notion to find that the Master Plan for the Mt. G:reenw\:x:ld
PUD be oonsistent along with changes in Tract 5 to townhouses and increase the nunber
of patio hones in Tract 7 to 171 and also c:onsoli~tion of tre proposed facilities
in Tract 6 to incl1.:rle 2 tennis oourts because the total PUD will be allowed to use
the tennis oourts.
M:>tion died due to lack of a second.
Gene D.:>:rnan made tl-e notion that the prop:>sed arrendrrent to the Mt. G:reenw\:x:ld PUD to
be oonsistent with the previously approved Preliminary ~veloprrent Plan and that trey
approved arrendnents to change the type of housing in Tract 5 from garden apart:rrents
to t.owI'1hJuses, and reduCE the nunber of tmits from 252 to 187 and approve the addition
of tmits in Tract 7 fran 150 to 171 tmits and nove the tennis oourt from Tract 7 to
Tract 6, and with the stipulation that the tennis oourt be nade a double oourt.
SeCX>nded by Jon Hall. Vbte: All Aye. z-Dti.on carries.
t
Jacq\E1ine Roc:h gave her p:resentatim. She stated that this is part of an overall
mxlification and renovation to the Q:>lf (burse, that incluJed a ntllter of alterations
that were approvable an the Staff level. '!be one that was ronsidered by the Staff
and the City Manager to be an actual addition was the creation of a lighted driving
range. '!he oonstruct:ion would oonsist only of putting in concrete walks and mats to
tee off and installing flood lights. '!he actual open area is already there, and is
..~.;
AMERIFIRST
851 1rafalgar Court, Suite 208
Maitland, Florida 32751
DEVELOPMENT CORPORATION
February 20, 1986
Ms. Jacqueline Koch
City Planner
City of Winter Springs
1126 State Road 434
Winter Springs, Florida 32708
Re: Amendment to Mount Greenwood PUD
Dear Ms. Koch:
AmeriFirst Development Corporation is in the process of finalizing
development plans and initiating actual construction of the Mount
Greenwood PUD. Throughout this implementation phase, we are dis-
covering a few areas in which modification of the original plans
would be appropriate. The modifications consist of the following:
1. Overall reduction in density;
2. Transfer of density within the PUD; and,
3. Consolidation of recreational facilities plan.
-
Reduction in Density
The Mount Greenwood PUD was first conceived as a 700 unit, mixed
density PUD. During the initial public hearings, the City Council
required a reduction in the density of Tract 5 (garden apartments/
condominiums) from 11.98 dwelling units per acre (DU/AC) to 10 DU/AC.
This resulted in a total reduction of units in Tract 5 from 302 DU
to 252 DU or an overall reduction in the PUD of 50 DU to a total
of 650 DU. AmeriFirst Development is requesting a further re-
duction in the density for Tract 5 from 252 to 187 DU.
Transfer of Density
With the elimination of a total of 65 DU from Tract 5, AmeriFirst
Development requests a transfer of 21 units to Tract 7. Tract 7
was originally approved with 3500 sq. ft. patio home (zero lot
line) lots. AmeriFirst Development proposes to create 4680 sq. ft.
lots. This will result in a 33% increase in average lot size.
These changes will result in an overall net decrease in dwelling
units from 650 to 606.
Consolidation of Recreational Facilities
AmeriFirst Development Corporation requests that the recreational
facilities proposed for Tracts 6 and 7 be consolidated into one
Ms. Jacqueline Koch
February 20, 1986
Page 2
park area located in Tract 6 per the general layout which
has been submitted. The inclusion of the tennis court in Tract
6 will provide a more complete neighborhood park and allow the
entire community to enjoy all the recreational amenities.
Your consideration and approval of these proposed amendments
is greatly appreciated.
;niLY tvU4
C. Philip Wallis
Senior Vice President
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327-1800
CITY MANAGER
RICHARD ROZANSKY
April 12, 1986
MEMORANDUM
TO: MAYOR/COMMISSION
FROM: CITY MANAGER 0
. \J
SUBJECT: MOSQUITO SPRAYING - EQUIPMENT/HOURS
I have been reviewing our mosquito program and will most likely
include another spray unit in the fiscal year 86/87 budget.
In the mean time, I am of the opinion that we would be more
effective spraying in the evening rather than during the daylight
hours. We are presently reviewing manning and salary requirements
vis-a-vis the availability of funds in the present budget.
I visited the areas which are insect prone during darkness
on two occasions and feel that we should be trying to control them
at night when they are out rather than during daylight hours.
~r,.."'-\.;."
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327-1800
CITY MANAGER
RICHARD ROZANSKY
April 1, 1986
MEMORANDUM
TO: MAYOR/COMMISSIY
FROM: CITY MANAGER '\~
SUBJECT: SUNLAKE P
On March 20, 1986 I provided you with a copy of a letter dated
March 11, 1986 from Mr. Sid Vihlen Jr. regarding Sun lake PUD.
I have subsequently received
March 11, 1986 and March 24, 1986
wholesale water for the project.
we can or cannot wholesale water
two letters from Mr. Vihlen dated
in which he is requesting we
I can find nothing that states
to another governmental agency.
While the purchaser appears to want the property in the City,
the sellers are obviously not interested. It's apparent what position
the County has taken. Consequently, if we wholesale water to the
County so that the property may be developed while in the County,
one must ask what incentive is there for the owner, or future
owner(s), to annex into Winter Springs? If the answer is none, then
What incentive is there for Winter Springs to provide water to
a development that probably will not come into the City?
I'll review this again with the staff and attorney, provide
you with input and ask for direction at the April 14, 1986 Commission
meeting.
cc: Attorney
City Clerk
Planner
Engineer
Utility
Land Development Commission
Sid Vihlen Jp,
670 Vihten Road
SanfOPd, FloPida 32771
March 24, 1986
f.tr. Richard Rozansky,
City l.1Janager
City of Winter Springs
City Hall
1126 S. R. #434
~~inter Springs, FL 32708
Re: Sl.IDlake PUD
Water Services
Dear Dick:
Again, we have not received the blessing of the
owners of record of S1mlake PIJD to proceed with our
effort to armex and zone the proposed development and
continue to seek authority. I am sure nw recent letter
fully explained our position and support of armexation.
I y,uulq request status of your effort to detennine
our ability to purchase water from your city for the
development as'requested in my 11 1.1arch 1986 letter.
Thanks for an i1mediate reply and again, please
be notified of our continued desire to negotiate full
services through the armexation and zoning process.
~~ ,,~~,',',i .,
~~ -- '~.
Sid en, '.J~
-
cc: Cedar Resources, Inc.
Kermeth Oswald, Esquire
Lundberg-Perlman, INc.
:' -, ; r:-..@-u"-,
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MAR 27 1986
CITY of WINTER SPRINGS
~
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Sid Vihlen Jr,
670 Vihlen Rood.
Sanford, Florida 32771
March 11, 1986
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l.lJr. Richard Rozansky,
City ~1anager
City of Winter Springs
City Hall
1126 S.R. #434
Winter Springs, FL 32708
Dear Dick:
As you know, Cedar Resources, Inc. has an application
on file with fees paid for annexation and PUD zoning for
Sunlake PUD subject to the city having the abili tyto serve
the developrent all required rrn.micipal services to include
water and sewer services.
The owners of record through Ken Oswald delivered a
letter that stopped progress in negotiating such services and
ultimate consideration of annexation and z~.
Cedar Resources, Inc., its land plarmers, consultants
and engineers all agree that Winter Springs can test provide
services for the property and that this is a logical extension
of the municipal limits. The land lies arrong winter Springs,
Casselberry and lDn~ municipal limits. Semiriole County
has no utility service within the area and does not intend to
extend services at any tine due to the fact that this land is
literally an island of Seminole County land anong these three
cities. Officials within seminole County goverrment in private
neetings have indicated that this parcel is test annexed.
Please understand our desire to proceed with the intent
of our applications but at this point the owners of record
have not granted authority to proceed due to fear that this
effort will cause adverse public relations with Seminole County
officials and that the zoning status and ability to acquire
utilities may te jeopardized. we do not agree because this is
a logical annexation to acx:ruire municipal services wherein the
county has no services. This is the sole reason for the theory
of city governrrent--to provide !TOre intense services than county
goverrment which is established to goven1 and serve m::>re rural
areas. Also, we feel that should we acquire sewer fran your
city the county will ultimately te happy because they can then
give this capa.ci ty to those who really lie within areas that are
test served by Seminole County qovernrrent. FurthenrDre, should
-
Page 2
County into a posture of maintaining a neigh1x>rhood water
plant which is against all good utilities planning and
operations conduct. Utilities sa>uld :be regional in nature
for efficient operations on behalf of the custater--the citizen.
As you know, ~ intend to request zoning which is exactly
that which the county approved and details will :be the sane,
thus, the creditability of that which the county granted will
:be upheld and moored by the city and the new owner/developer.
The issue at hand is utilities for water and ~ services
and who can :best serve the property. Also, your police and
fire services can provide quicker response t:irre for law, fire
and rredical E;!rergencies.
In that we are held up for the m:xrent I \oJOuld request that
Winter Springs consider the wholesale of water throUgh an
inter-local govemrrental agrearent with seninole County who
will then serve the property and bill the custaters. we \oJOuld
extend lines and do all necessary construction to provide
facilities for this system.
.Again, the :best approach. is to armex as to all areas of
h\.ID'aI1 services for the retail and residential developrent but
this approach provides an alternative to consider for the rrarent.
please consider this with your city officials and advise.
Thank you for your interest in the project and continued
cooperation, Dick.
i
\
\
(Respect,. full~Y ", ,', \,/ . .
'- . -><........ ["---
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cc: Cedar Resources, InC.
Ellen Lain, Esquire
Kenneth Oswald, Esquire
Lundberg-perlman, Inc.
s
"1
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March 30, 1986
l>eID to: Richard Rozansky,
City Manager
City of Winter Springs
Fran: Sid Vihlen, Jr.
670 Vihlen Road
Sanford, FL 32771
Re: Sunlake PUD
Sewer & Water Capacity
Please note the letter fran Hugh W. Harling, Jr., P.E.
of Harling, 1Dcklin & Associates, Inc. indicating the
required sewer and water capacity for Sunlake PUD.
The required water capacity is 202,500 f.p.d. which
relates to IT!Y request that Winter Springs wholesale water to
the project.
Please advise the results as soon as possible.
Thanks .
J I/~
~ ~
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;t~ l ,',~ '."; - \':-- y.<...:~ !~~1 ~ ~
~>' ~
A.PR 1 lS85
CITY of WiNTE.R SPRINGS
CITY. MANAGER
I.VS Iv~
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HARLING LOCKLIN & ASSOCIATES, INC.
CONSULTING ENGINEERS · SURVEYORS · PLANNERS
(
March 26, 1986
Sid Vihlen, Jr.
Cedar Resources, Inc.
5847 San Felipe, Suite 1700
Houston, Texas
RE: Sunlake P.U.D. Sewer Capacity Requirement
Dear Sid:
The multi-family portion of the Sunlake P. U. D. based on the apartment
mix shown below will be 140,500 g.p.d.
238 - 1 bedroom, 1 bath
106 - 2 bedroom, 2 bath
80 - 3 bedroom, 2 bath
The water capacity requirement ,will be 202,500 g.p.d.
The commercial portion of the P.U.D. will require 35,500 g.p.d.
for a total combined sewer capacity of 176,000 g.p.d.
Should you have any questions regarding this please call me at
your convenience.
Sincerely,
Hugh W. Harling, Jr., P.E.
President
de
850 COURTLAND STREET. ORLANDO, FLORIDA 32804. (305) 629-1061
KENNETH F. OSWALD
J~~~~~ml
ATTORNEY AT LAW
SUITE 110,600 COURTLAND STREET
ORLANDO, FLORIDA 32804
t'l't Of V(..NltR Sr'iUMGS
t\1Y tU\ll
TELEPHONE (305) 647-3738
...
March 4, 1986
VIA FEDERAL EXPRESS
Richard Rozansky
City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
Re: Cedar Resources, Inc. Annexation and Rezoning
Applications with the City of winter Springs
,-
Dear Mr. Rozansky:
This is to advise that my firm represents Elizabeth L. Bush,
Nancy J. Freeman, Harold R. Jackson, Jr., Kenneth M. Leffler,
Mary W. Leffler and Lila L. Walling who are the owners of a 56
acre tract of real property located in Seminole County, Florida,
adjacent and contiguous to the boundaries of the City of Winter
Springs.
Cedar Resources, Inc. has contracted to purchase my clients'
property. We understand that annexation and rezoning
applications have recently been filed with your office by Cedar
Resources.
The purpose of this letter is to advise you as City of Manager of
Winter Springs that such annexation and rezoning applications
were filed without my clients-' knowledge, consent or approval and
we hereby request that such applications be withdrawn from
further consideration by the City of Winter Springs.
Very truly yours,
~~~~
Kenneth F. Oswald
KFO/rm
cc:
Kenneth M. Leffler
Lundberg Perlman, Inc.
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CHY of WINTER SPRINr,~
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