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HomeMy WebLinkAbout1986 04 14 Regular e - . . . I' IN THE DISTRICT COURT OF APPEAL FIFTH DISTRICT, STATE OF FLORIDA CASE NO. 86-350 f , I! ,- l., 1 I THE CITY OF WINTER SPRINGS, FLORIDA, Appellant, '/ VS. ()~ IMARA CONSTRUCTION COMPANY, a Florida corporation, and WOODSTREAM DEVELOPMENT COMPANY, Appellees. / 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 e - . e J ". -, 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 '<. , ~ '/".' (.' .. 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 2 . e e e 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. 3 . .... e . . e -#'9 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 - ............ .' e 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. e 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 /~" ." ",,''', . .. --'-"" 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 ---...,... C ii, ! '/ "," , ,d .,' '~f..)' finalefigineering plans. i j" rC, "~\J t II /,,1' ,*/1,' .J; 3. The appropriate City officials and departments shall e 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 2 ........- e e e e ... - 1IJ . 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, / Appellees. p"/ :z: / ( 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 ....".... """'- . . . . 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. e 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 e 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: 3 ~ ',',' ~'(' ~~,v:;,',".,::')' ~.,;,' .. (,) + ,Yll .' " ..... _ ~1'" . '.~ /' /' ~ oil'"", .-4>,..., n'<' ~ . ""j I LI ,6L I . J\ (--'c-_.Ij'-_......... I '',01 L. ' 1 CITY OF WINTItR sptJNhs, FLORIDA '1HR0 1126 STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327,1800 I uNJs (, ~~ ~ MEr-V : April 11, 1986 TO: City Manager .r-j 'I n 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, '-~~ 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. -, , ~ ;'\NTf,q' . , . 'cj .;--'" '~'. /'~("'-~'\~)', ;0 . l Yr, . : "', & ,. /' .' . tt .J';: 1/ . ~.~'~":'I"~'" :~,. ' ~:l. ~ . ", CITY OF WINTER SPRINGS, FLORIDA 1126 STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 March 24, 1986 MEMORANDUM FROM: CITY ENGINEER ~ I TO: JACKIE KOCH SUBJECT: COMMENTS ON PRELIMINARY ENGINEERING FOR TRACTS 5 & 7, MT. GREENWOOD PUB ,- 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 4- (DEPARTMENTAL CORRESPONDENCE) ,.- 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. - ~ ' ~~ ,/ .rkdi" ~"'-- Char les L. Ho zrran Fire Chief Go --. AMERIFIR5r B:,l 'hatalgar Court, Suitt, 20B Maitland, Florida :,2751 ,,- 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 ~' Dear Ms. Koch: ,- 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 5,- Regular Meeting, City Commission Meeting Feb. 24, 1986 Page 3 85-86-11 f'-) . 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. - U 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. ~ 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 CPQ/pag l! l ! . ",,....,,. " ( \ () \ ,\ \ , \ ;' \ / - ---, .--.............--' - - / --"-. L.=---___- ___ c ~ ~ , ; 1 I' ,. _ ,) -------._- - ~ ~ ...... ~ ~ Vl ~ ....., ....., ~ -~ ~ ~ V\ ~ ~ to- .... ~ --I to- z .... ~ ~I z: <<I: -' ~ ~ ~ ....., ~ W ..J m c( I- W CJ) ::J o Z c( ..J ~ to- .... 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C ... ... o ... .... '" ClJ L. '" c o Q:) ('(l ... '" ClJ L. V ClJ L. Q./ > ~ C \9 .... ~ ~ ... '" L. "" ~ '" ~ > '" $: .... ~ c ... .J'\ .; ,.; .... 0r ., L. L. V t-'" .... >- o z U'l ....i <.'" C "" ... o ... '" '" ~ L. ... c o .". (fl ... ... Q.I L. V e: L. Q.I > "" o C\ - ... ;J ~ ... '" L. "" ~ '" QJ > '" $: .... ~ C ." .J'\ .; .., .... ...'" u ':,.' ., L. L. V 0-'" -' <<I: t- o t- .... >- o z R1Z00.,:q MOJJB qlJ .. , ~ ~ .. II t " .. CD - as () ." .. ~ ~ .. I J ~ . ~~ '~ ' ..~ ~~ ~~ u~ z'" -~ ~ "- 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,.."'-\.;." ',' ,'~~~n.;:-:; '.\ "~.'. 04'."~"" ';""~."-'.'!" 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"-, " 'l, .. , \. , ' ~~~' \'4~,'" "..-.~ 11 ~ MAR 27 1986 CITY of WINTER SPRINGS ~ ./" or ( itc.., Ell JI y(., .L Sid Vihlen Jr, 670 Vihlen Rood. Sanford, Florida 32771 March 11, 1986 Cf S (O#'*'<< /Uk".? /!. _.- ~ clc/P{~' ~ [~~J Jj L lli TI lli QJ 3_~o-~~ ~ 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 ", ,', \,/ . . '- . -><........ ["--- _", :...G- ~ ' ,-=-:::: __7--....... si~en, J~ ' , cc: Cedar Resources, InC. Ellen Lain, Esquire Kenneth Oswald, Esquire Lundberg-perlman, Inc. s "1 I ) 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/~ ~ ~ \' ,\()f e,~ vt) ~ V ~i ~... f-" ...... r'" -'t"1 n ~r-"'<I. ,~., ~I ; toO" {:". " ":. I" \ ~ \ '~' /f ! \VB' ~ . u.;..,. ,'/ },..., :.. \'J -I' ',l ;t~ l ,',~ '."; - \':-- y.<...:~ !~~1 ~ ~ ~>' ~ A.PR 1 lS85 CITY of WiNTE.R SPRINGS CITY. MANAGER I.VS Iv~ ~ u-1(/u l- 0---, . r- ... 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. , \ " : " ,~ ~~ b '~, t:,,", l... ;,-; l--,:'j. .:~j ~. bi ~ itA.. ~~ C'/TTCUC ~ "") ,.. 1 hlC L ,'. .. \ ,,\ :'I.H} IDIS AA CHY of WINTER SPRINr,~ - -.