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HomeMy WebLinkAbout1990 06 11 Regular . . . ~II . May 14, 1990 TO: City Manager Land Development coordinat~ FROM: RE: Vacation of Conservation Easement, Agenda Item This is to vacate a platted easement in Glen Eagle Units I & II. The St. John's River Water Management District has revised the permit for this area and no longer needs this easement (see attachments). Permit condition number 18 is also attached. /fg attach. cc: Mayor Commission City Attorney City Clerk . BT. .lOHN,.. RIVIiR 4f;t'~~'I":'f WATER MANAGEMENT DISTRICT Henry Dean, Executive Director John R. Wehle, Assistant Executive Director .. . POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 904/328-8321 SUNCOM 831-1011 FAX 904/328-0281 May 11, 1990 HAND DELIVERED 7775 Baymeadows Way Suite 102 Jacksonville, Florida 32256 904/730-6270 618 E. South Street Orlando, Florida 32801 407/894-5423 Brian Austin McIntosh Associates, Inc. 2200 Park Avenue North Winter Park, Florida 32789 OPERATIONS: 2133 N. Wickham Road Melbourne, Florida 32935-8109 407/254-1761 PERMITTING: 305 East Drive Melbourne, Florida 32904 407/984-4940 Re: MSSW Permit Number 40-117-0099M Dear Mr. Austin: . In a telephone conversation and correspondence on May 11, 1990, you advised me that my letter of March 30, 1990, to Jim Morgan, incorrectly referenced lot numbers associated with this permit modification in Tuscawilla Unit 17. The error was based on a re-numbering of the lots. The letter should have read that the permit modification authorized the abandonment of easements over Lots 29-44 and 93-102, subject to permit condition number 18. I apologize for the inconvenience this may have caused. Sin~er~ . pat~ M. Frost Orlando Field Office Director Department of Resource Management PMF:db cc: Pam Thomas Records ~~@~uw~w MAY 1 4 lS.qO Cf1':Y. Of W1JlNlfm SJPfiINGS L1na ~p:mlIrelmtt lDaeJnItinator . Saundra H. Gray, CHAIRMAN DE BARY Joe E. Hill, VICE CHAIRMAN LEESBURG Thomas L. Durrance, TREASURER DAYTONA BEACH Alice J. Weinberg, SECRETARY LAKE MARY John L. Minton VERO BEACH Ralph E. Simmons FERNANDINA BEACH Val M. Steele MELBOURNE BEACH Joseph D. Collins JACKSONVILLE Merritt C. Fore OCALA ~--''' .L.L" .L JJ~ t:.JU.""tU W1UL...1 ..;.) I "L..."I I' Ur'L..."...u....'-J, I L-"'. .L....t:.J r O.::;.:;;J t::J-' Lt::J r. t:J.::;. III"'I~ R l':mGlEMENT ClIBTi=llCT ....:. '''~~'. -:. May 3, 1990 Henry D...... EUoudve DIr.ato I Jahn R. Wlhl.. AIllItMt EXIclutfw DJrecto - POST OFFICE BOX 1429 PALATKA, FLORIDA 3217~142,' 904/32&8321' SUNCOM 831-1011 FAX 904/328-0281 ; me BaymtNldow. Way 818 E. Solah SIrMt awe 1 02. Otiando. Florida 32801 ~rMlla, FlorIda 32256 407189405423 D04I13006270 OPERATlONS: 2133 N. Wklkh8m Road Me&baum.. Aonda 3203S-8109 4071254-1181 PERMITTING: 305 l!ut DrIv. Melbourne, Florida 32904- 407/98404Q40 Mr. Jim Morgan Morgan Environmental Consultinq 904 South Blue Lake Avenue DeLand, Florida 32724 . Dear Mr. Morqan: Pursuant to our phone conversation of April 25, 1990, I have received the certified survey o~ the conservation areas referenced in permit t40-117-0099AM. Among the many changes outlined on the survey was a reduction in the width of the conservation area on Lot 31. The previous width of the conservation area on Lot 31 wae approximately 40 feet. In the new survey it has changed to approximately 3 feet a5 we previously agreed. The applicant is in compliance with all conditions of permit #40-117-0099AM. Please contact the District office if any addit~ona~ ~e8tion8 arise. .. SlncQrely, .. Il,,", ~ ..y)~ Pam Thomas, Environmental Specialist ~epartrnent of Resource Management " ~ --~ - PTlkrm \\ I ' ,,' /' R8cords iJ Pat Frost ~"" \.'" \, ~ . '.~' " \ .: . ~ \' ., . r' , " , " '.: ,.' I 1: . I . . ,,< /,' . /" s.Undr. H, Gray, CHAIRMAN De 8ARY .Joe E. Hill, VIO. CHAIIVAAN LllilauRG Thomu L. DUlTIIftOe, Tl'lIlMYlVl' DAY'I'ClAA 6IACIH Alice J. Welnberv. 3f(;RliTAAV LAKE MAlty I......... I 1':...__ - ,..... ~ ,..:--. \1.1 U c.__. t.........&.. R _ ... . . . <.....,. ".' " ;/ ~_.' /, , /,/. ~ .TfP. SPRl'Hi$ "()-117-I)IJI/~AM . . .. ~I '~ '- ..i.iiI C~V!:LOONF~T 1 R. p~rop TO THE S~LE Of LOT Cj1, lHS PER~ITT~~ SH~LL CONV~Y ~ CONSfRV~TIOH ~ASE~ENT TO TH~ 01~TRICl U~ tAUS! DF~' HESTRICTIONS TO Ae ReC~RDfO, PURSU'~l TJ SECTtO~ 104.0~, f.S., fOR THE AREA DELINEA1E~ AS "cnN~~~~ATIOM CASe~ENT" AT TrlE PEAR OF THOSE LOTS AS SHOWN ON TUSCAWILLA UN!T 11A ANQ lUSCAWlLlA U~[T 11B - A REPLAT OF A POqTIOM OF p~rLLtP R. YOCNG GRANT RECEIVEO ~Y THE DISTRICT ON MARCH 2, 19~B. THE EASEMENT OR RESTRICTION SHALL PROHIBIT ALL CONSTRUCTION I'NCl.U'OING R,UT NOT 'LUHTEf)- TO\,: CLe"J1I"'G~ .,,"R>G(NG, OR FILLING. SAID EAS~ME~T OR ~ESTRICTtCN SHALL BE SU~MITTFD TO THE DISTRICT STAff FOR REVIEW ANO APPROVAL PRIOR TO CONVEYANCE OR RECORDING. IF DEED RESTRICTIONS ARE UTILIZED, THEY SHALL CCNT~rN PROVIS[C~S STATING THAT T~~ RESTRICTIONS REFERRED Tn IN THIS CONDITION MAY NOT RE A"ENDED WITHOUT THE APPROVAL Of T~E DISTRICT AND THAT THE DISTRICT MAr ENfORCE THE RESTRICTIONS. ... THE PERMITTEE WILL SURVEY THE UPLANO ANO W~TlAN' COf-/SEQVATr'oN E"'iEMENT'i WITHIN 2 W':Er.:S 'Cf l~SU&"NCE OF PHS PERMIT. A C~qTIF!ED SURVEY INDIC^TI~~ SPECIFIC LOT Nu~nE~S AND LANDMARKS AOJACENT TO EACH~RF^ ~tLL OE SU~MITT~D TO TH~ OISTRICT WITHIN ] WEF~S Qf ISSU~~Ce Cf THIS P~RMIT. THf CONSERVATION E^SEME~T fOR prR~lTS "4C-'17-009Q AND ,,4U-117-U099,., "'AY BE HICLUl>!:O IN A $UIGLf OOCUf'lENT. . ........;... , 19. 1,\" .... . ( . , II:, j~ . June 11, 1990 TO: City Manager coordinator~ FROM: Land Development RE: Tuscawilla Settlement Agreement, Development Order and Amendment to Annexation Ordinance No. 64, etc. Because of the receipt of the legal boundaries for Parcel 15, the following changes will have to be made to the above referenced: . Page 3, Paragraph 3 - Parcel 15 now reads 201.3 acres vice 202.9 acres. Page 4, Section 2 PARCEL 15 ACREAGE 67.0 104.0 25.2 UNITS 416 504 TOTAL 365.6 2861 This plat depicting the legal boundaries should be mentioned in the legal document. jfg . . . . ~~ce~llW![@ JUN 7 1990 CITY of WINTER SPRINGS cm MANAQEa June 6, 1990 Cq s: UtI\,tL 41~ Crt (!. f\TT'1 lvJWS ~ TO: City Manager J Engineer Il ~~ RE: Buffer Zone for Wastewater Percolation Ponds FROM: City On June 6, 1990, Mr. H. Lee Miller, Engineer with the Dept. of Environmental Regulation was contacted about buffer zones for wastewater percolation ponds. He stated that there were slightly different buffer zone criteria established depending on the type of effluent being discharged into the pond. Mr. Miller stated that the buffer zone for the pond on Saranac would have to be a minimum of 50 ft. from the embankment. This criteria is established in Section 17-610.521 Florida Administrative Code dated April 2, 1990. Therefore based on this State requirement, it will be necessary to move the existing fence presently at the toe of the embankment (berm) back a minimum of 50 ft. There is about 52.7 ft. distance available for the fence to be moved. /fg cc: utility Manager - East Mr. Terry Zaudtke - CPH Finance Director ,/ . AGREEMENT THIS AGREEMENT is made and entered into as of the Effective Date as hereinafter defined by and between GULF STREAM HOUSING CORP., a Delaware corporation ("Gulfstream"),and the HOMEOWNERS as set forth in the signature pages of this Agreement (collectively, the "Homeowners"; individually, a "Homeowner"). R E C I TAL S: 1. There was developed certain real property within the Tuscawilla PUD (the "Property"), commonly known as Chelsea Woods, more particularly described as Tuscawilla Unit 14B, according to the Plat thereof recorded in Plat Book 37, Page 6, Public Records of Seminole County, Florida (the "Plat"). \ \ 2. There is identified on the Plat a Retention Area and Drainage Easement commonly referred to as Retention Area "D" (the "Pond") which was developed as part of the stormwater retention/detention system for the Property. . 3. The Homeowners are the fee simple owners of the lots, as described on the Plat, within the Property (collectively, the "Lots"; individually, a "Lot"), which encompass and comprise the Pond as shown on the Plat. 4. A Notice of Restrictions on Real Estate (the "Restrictions") affecting the subject Property recorded in Official Records Book 1832, Page 0928, Public Records of Seminole County, Florida, provides that the Homeowners shall each be responsible for maintaining of the Pond. 5. There has been a failure of the side slopes of the Pond. 6. Gulfstream has retained, at its sole cost and expense, Michael D. Sims and Associates, Inc. ("Sims") to prepare an evaluation and recommendation report with regard to remedying the Pond side slope problems and related problems set forth above (the "Work"), which report is attached hereto as Exhibit "A" and expressly incorporated herein by this reference (the "Report"). 7. Gulfstream and the Homeowners, without admitting or denying any liability or responsibility whatsoever with regard to the failure of the side slopes of the Pond, desire to remedy the situation in accordance with the Report. 8. Gulfstream has agreed to cause the repair of the Pond in accordance with the Report. 9. The Homeowners, individually and collectively, have . agreed to grant to Gulfstream any and all necessary easements, 1 C/GGG 5964AGTa 05/31/90.2 . licenses and permits over, through and across their respective Lots in order to accomplish the Work. 10. The Homeowners have agreed to release Gulfstream from any and all claims, liability, responsibility, damages, actions, demands, costs and expenses in whatsoever nature or form arising from, through, out of or in any way connected or associated with the Pond, provided the Work is accomplished in a good and workmanlike manner in accordance with the Report, and acknowledge that in accordance with the Restrictions, upon completion of the Work, it shall be the responsibility of each Homeowner to maintain the Pond. NOW THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations, each to the other in hand paid, and the premises and covenants hereinafter set forth, the Homeowners and Gulfstream hereby expressly agree as follows: 1. The foregoing Recitals are true and correct and are expressly incorporated herein by this reference. . 2. Gulfstream shall, upon execution of this Agreement by all Homeowners, undertake the Work and diligently proceed with and accomplish same in accordance with the Report. The Work shall be performed at Gulfstream's sole cost and expense and Gulfstream expressly agrees to indemnify same and hold harmless each Homeowner with respect to the Work. . 3. Each Homeowner hereby expressly grants and conveys to Gulfstream a temporary easement and right-of-way on, over, across and through Homeowner's Lot for access, ingress and egress, construction, repair, maintenance and any other matters incident to the Work for the benefit of Gulfstream, its invitees, licensees, agents, employees and representatives, to be utilized as may be necessary in order to accomplish the Work. Each Homeowner hereby expressly acknowledges that there may be some inconveniences and noise from the use of the easements granted herein and the accomplishment of the Work. Gulfstream expressly agrees, upon completion of the Work, to restore each Homeowner's Lot affected by Gulfstream's use of the easements granted herein to a condition substantially similar to the condition existing prior to the use of such easements. The temporary easements granted herein shall automatically terminate upon accomplishment of the Work and acceptance thereof by any and all applicable governmental agencies. Further, certification by Sims shall be absolute evidence of completion of the Work and fulfillment of Gulfstream's obligations hereunder. Without affecting .the easements granted herein, if requested by Gulfstream, each Homeowner expressly agrees to execute a separate easement agreement, in recordable form, to effectuate the foregoing. 2 C/GGG 5964AGTa 05/31/90.2 . 4. Gulfstream shall not cause, permit or allow any lien or similar claim to be filed against or in any way affect the Lots and expressly agrees to forever indemnify same and hold harmless each Homeowner from any such claims. 5. The Homeowners expressly acknowledge and agree, upon completion of the Work as aforedescribed, to forever release, save, hold harmless and indemnify Gulfstream, its parents, partners, affiliates and subsidiaries and its or their officers, directors, agents and representatives from any and all claims, liability, responsibility, damages, actions, demands, costs and expenses in whatsoever nature or form arising from, through, out of or in any way connected or associated with the Pond and the Work and, further, expressly acknowledge and agree that upon completion of the Work, maintenance of the Pond shall be sole responsibility of the Homeowners in accordance with the Restrictions. 6. The parties acknowledge that this Agreement was prepared after substantial negotiations between the parties. This Agreement shall not be interpreted against any party solely because such party or its counsel drafted the Agreement. . 7. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any party, person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 8. In the event of any dispute hereunder or of any action to interpret or enforce this Agreement, any provision hereof or any matter arising herefrom, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including, but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether in settle- ment, in any declaratory action, at trial or on appeal. . 9. This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof and supercedes all prior understandings or agreements between the parties relating to the Pond and to the Work. Neither this Agreement nor any provision hereof may be amended, waived or discharged except by instrument in writing executed by the party against whom enforcement of such amendment, waiver or discharge is sought. 3 C/GGG 5964AGTa 05/31/90.2 . . . 10. The "Effective Date" of this Agreement shall be the date on which the last person or party to this Agreement executes this Agreement, as indicated by the date set forth in the signature blocks hereto. This Agreement shall not be enforceable against Gulfstream until all Homeowners have executed this Agreement. Gulfstream may, at its sole option, proceed with the Work without obtaining all Homeowners' execution hereof, in which event, this Agreement shall be effective as to all parties which or who have enacted this Agreement. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs~ successors and assigns. 12. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Florida. 13. This Agreement may be executed in two or more counterparts, each of which shall be and be taken to be an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below. "GULFSTREAM" GULFSTREAM HOUSING CORP., a Delaware corporation By: Title: Date: "HOMEOWNERS" AS TO LOT 185 712 Conesus Lane Winter Springs, Florida 32708 Robert C. MacKinnon Date: Maureen T. MacKinnon Date: 4 C/GGG 5964AGTa 05/31/90.2 . AS TO LOT 186 710 Conesus Lane Winter Springs, Florida 32708 Richard M. Gorman Date: Leigh S. Gorman Date: AS TO LOT 187 708 Conesus Lane Winter Springs, Florida 32708 John J. Cicolari Date: Ann M. Cicolari Date: AS TO LOT 188 . 706 Conesus Lane Winter Springs, Florida 32708 Michael M. Sullivan Date: Marianne Sullivan Date: AS TO LOT 189 704 Conesus Lane Winter Springs, Florida 32708 Henry E. Bernstein Date: Ruth L. Bernstein Date: . 5 C/GGG 5964AGTa 05/31/90.2 . AS TO LOT 190 1812 Seneca Boulevard Winter Springs, Florida 32708 Mark J. Slaimon Date: AS TO LOT 191 1814 Seneca Boulevard Winter Springs, Florida 32708 William W. Wolfe, Jr. Date: Evelyn D. Wolfe Date: AS TO LOT 192 1816 Seneca Boulevard Winter Springs, Florida 32708 B D TUSCAWILLA JOINT VENTURE, . a General Partnership By: General Partner Date: . 6 C/GGG 5964AGTa "'.- I"",., I,... '" .... 4It AS TO LOT 193 1818 Seneca Boulevard Winter Springs, Florida 32708 AS TO LOT 194 1820 Seneca Boulevard Winter Springs, Florida 32808 4It C/GGG 5964AGTa 05/31/90.2 Philip L. Taylor Date: Catherine E. Taylor Date: Patrick G. Smith Date: Lynda K. Smith Date: 7 . . . AS TO LOT 197 1826 Seneca Boulevard winter Springs, Florida 32808 AS TO LOT 198 703 Tioga Court Winter Springs, Florida 32708 AS TO LOT 199 705 Tioga Court Winter Springs, Florida 32708 AS TO LOT 200 707 Tioga Court Winter Springs, Florida 32708 C/GGG 5964AGTa 05/31/90.2 william A. Hammill Date: Carol A. Hammill Date: John A. Pass Date: Maxine T. Pass Date: TRENDMAKER HOMES, INC., a corporation By: Title: President (CORPORATE SEAL) Date: Timothy J. Haines Date: Marie C. Haines Date: 8 . EXHIBIT -1\- - Mid :1 D. Sims & Associates. Inc. CoDSuJ~ :.nru.""'" ::. :.Dt :..r:; !>c.MCe$ ~lecI1IlOlO~. hYW"O'tIOlOrY .DC CoDSlrucuoC :'la,ul&u iHun. t...~:-~ 2~;~2S: ::ax I.;a~' :97~O:-~ ~-~ ~::: May 2, 1990 B~oad and Cassel 1051 winderley Place M~itland, Florida 32751 VIA: TELEFAX NO. 660-08~7 Attention: Mr. David Bro....n Subject: EVALUATIONS AND RECOMHENDATIONS, REPAIRS TO POND SLOPE TUSCAWILLA UNIT 1~B, POND "0", CI':"Y OF WINTER SPRINGS, S~~INOLE COUNTY, FLORIDA (PH 90-752.1) Dear Mr. Bro....n: . Further to our meeting earlier this morning at the 0~~ice5 of Donald W. Mc~ntosh & Associates, Inc., ....e hereby submit our reco~endations for re~airing the pond slo~e referenced above. SUBSOIL COND~':"IONS The subsoil conditions _ithin the area under study ....ere i~vestigated by Michael !). Sims & Associat.es, Inc. In SUI:Ulla:-v, the su,:,soil con~itions en=ountered consisted of light and dark coiored fine sand fill to depths va=ying from J.O to 4.0 feet belo.... the present ~round surface followed by dark reddish ~ro""n peat to depths of 10.0 to 11.0 feet. As an exception, in the area of a large slope failure, the fill thickness was on the order of 1.0 foot. EVALUA':"IONS AND CONCLUSIONS Based upon our evaluation of the s~soil conditions, it is our opinion that the failure 6f the pond slope ....as a result of a deep sea"t:.ed ar= failu:::-e ....ithin the underlying c:::-ganic soils. Several al te::-natives for stabilizing the pond slope ""ere evaluated. Our evaluations ""ere based upon the soil conditions encountered, the proposed pond grades, and constraints ""ith respect to access and the effects on the existing construction. Our evaluations also considered difficulty of construction and the reliability of the design. . :~ considera"Cion of the constraints discussed above , it is o\:.r cpinion that the pond slope may ~e stabilized ~y s\:.r=hargi~q the failed areas and ~'ere~y indu=ing a c=ntrolled failure. ':"~e ::;ur=:.arge w:..:l ~e placed a-:. a controlled rate. as dete::-:::ined ;,y the Geote=~nical ~~~~~ee=. The pu=?ose o~ ~he sur=harge is to p~eload ~he underlying so~t organic soils su=~ that pr~::la::;' c::~sclidaticn (~hat se-::t:e::lelit due -:'0 eX?uls:..on o~ wate~ ~=o::: t~e vo:.::.s is ..780 >:o:-~~ O:-a~~e 3iosso=. 7:ai; . O::a:1:;o . ?:. ::;::C . May 2, 1990 Broad and Cassel PN 90-752..1 Page 2 complete). The strength of the soft organic soils (stability of the slope) will increase as a result of the consolidation of the organic soils. Excess material (surcharge fill) will also be removed as part of the surcharge program which will further increase the stability of the pond slope. SPECIFICATIONS AND PROCEDURES It is critical to the success of the surcharge program that the Geotechnical Engineer be directly involved in controlling this surcharge operation. The surcharge program should be performed using lightweight equipment (bobcat and hand-operated compaction equipment), and be performed 1n accordance to the following guidelines: . 1) The area to be surcharged should be completely leveled to the limits designated by the Geotechnical Engineer. The fine sand fill material removed during this portion of the earthwork may be stockpiled separately and reused as backfill. 2) Upon completion of the excavation and leveling operations, the area shall be overlain with a high strength geogrid (Tensar SR-3 or approved equal). 3) Upon completion of the geogrid placement, an initial working lift of sand, 18 inches or less in thickness, should be placed over the entire surcharge area. If any signs of mud waving or any instability are observed during placement of this working lift, it should be reported immediately to the Geotechnical Engineer so that corrective action may be taken. Placement of this working lift should be accomplished in a uniform manner across the entire area. At no time during, the filling operation should material awaiting placement be stockpiled to heights greater than 2.0 feet. 4) At the completion of the first lift, settlement plates should be installed at three locations to be determined by the Geotechnical Engineer. The elevations of these monitoring plates should be read a minimum of three times weekly while the filling progresses. . 5) Addi tiona'l fill may be added in 12 inch thick 1 ifts at the discretion of the Geotechnical Engineer as settlement progresses. For planning purposes, one lift per week may be anticipated. Filling should be continued until the final surcharge elevation (2.0 feet above the final srade) has been reached. It should be emphasized that the time rate of fill placement is as critical . May 2, 1990 Broad and Cassel PN 90-752.1 Page 3 as the method of fill placement. Due to stabil i ty considerations, it is essential that sufficient time be allowed between each fill lift so that the organic materials can gain sufficient shear strength to carry additional load. Therefore, the schedule placement of the fill must be time phased based upon settlement performance as indicated by the results of the settlement readings. 6) The full surcharge load should be left in place for a time estimated to be approximately 30 days. It is the responsibility of the Geotechnical Engineer to determine that the results of the settlement monitoring program indicate that the surcharge may be removed. CLOSURE If you have any questions regarding the evaluations and recommendation presented herein, please do not hesitate to contact the undersigned. . Sincerely, . INC. L D/) SIMS & A&TES' 1/ J% M(i/'i" ~ I ! . '. 5- -10 Do las J. MOjA1sh, P. . Se iorLp~olhc~ Engineer Flo ida ~~i~tration NO. 39685 ( I '../ - ----- -~ ~:: . . . -' c-l c . ~=~~::~--~: ~_::~~=~~,:~~,~:.~:=.:~: \ c-~ I J! F~-ru F \ \/\ ~. '-'__' _/ I ,,_)- I II () l ! :~ I Nee C) R l'. ~~(f;.~ UWlli:@ JUN 8 1990 , June 6, 1990 .CITY of WINTER SPRING" cm M-'H^GER Mr. Richard Rozansky City Manager city of winter Springs 1126 E. State Road 434 winter Springs, Florida 32708 RE: TUSCAWILLA MAINTENANCE OF WINTER SPRINGS BOULEVARD Dear Dick: I enjoyed discussing the referenced issue with you on Thursday of last week. I have discussed the matter further in our office and with our partners for the Winter Springs Development Joint Venture and, it is our opinion, that groups that continue to have an interest in ongoing maintenance will get together to provide support funding for the Winter Springs Boulevard right-Of-way. Groups such as the Home Owners Association and the Country Club will, like ourselves, have continued interest in the appearance of the community. Until now, we have assumed the total financial obligation for these efforts, even though various groups and the city have also had benefit. We will actively participate in the formation of a vehicle necessary to continue maintenance once we remove ourselves from the primary role and will plan to participate in payments for our proportionate share. Recognizing the need for the establishment of some maintenance authority in the near future, i.t is my suggestion that we proceed through October as is. We will continue to provide the maintenance to the Tuscawilla entrance, the boulevard right-of- way and medians, and will irrigate the medians with metered water. In exchange for this service, the City of winter Springs will allow the maintenance personnel to continue to use the Tuscawilla Water plant site as a base for this operation. The small storage building will be allowed to house equipment and supplies. '1()I) ~,l. ] ~: t ,\\ ;.lit!"", I ,\\ "111 Ii' r\ 1., r" . 1 ( !. , 1 ( : I " I. I I 1..' t~ i " ,\ " I' ",I'll . . . ... ~ June 6, 1990 Mr. Richard Rozansky Page 2 continued I hope that I can rely on you to assist us, where possible, in the formation of a maintenance authority and I hope that the elected commission will provide the support necessary to accomplish this goal. We continue to have substantial interest in the Tuscawilla community, and share the concerns of others that maintenance be continued at a satisfactory level. As always, I will make myself available to discuss this issue when necessary. Sincerely, ~A-;2lJ~ Glenn Marvin Vice President Gulfstream Housing Corp., Managing General Partner winter Springs Development Joint Venture GMl18/kp cc: Phil Birdsong Lou Vogt . . . ... ,. June 6, 1990 TO: City Manager FROM: Land Development ~ (,JIIJC,U coordinator~ RE: Request for Special Exemption to Section 4-2 of the Code - Agenda Item The applicant, patricia E. Dorman, is requesting the above referenced to allow more than two (2) dogs in her household. This special exemption is granted by the City Commission. jfg cc : Mayor Commission City Attorney City Clerk . . . Iii '.". y :.::: () . 1 ci.; <) 0 Donald R. LeBlanc City of Winter Springs 1126 E. S. R. 434 Winter Springs. FI 32708 Dear Mr. LeBlanc~ I would like to reyuest an exception to SectIon 4.2 of tne LJtv Code of Winter Springs. I have and would like to retain one male and two female dogs. The one female is almost at the age that is the end of the produc~ive cycle. She is not in super health and has been in our home now for approximately eiBht vears. Also. we would be selling puppies __ soon as we can from the lItters after they attain the age O~ 8 weeks. There would normally be one litter per year per female. Per our conversatIon Mt~~ L_eBlarlC~ a licerlse will be applied +Ot~ as s(:)on as we t~2c:elve the decision from the commIssion. .:::' :i. r'.; c.,.::' I..' e 1 :/ ~ Vdl1f7;" f'~~ Patricia E. Dorman 114 South Cortez Ave. Winter Springs. FI 32708 ~~@!UWOC~ MAY 3 0 1990 CIIY; DE WINTER SPRINGS 1:w1C1 J&v~lopment Coordinator . . . Edward M. Krikorian 118 South Cortez Ave. winter Springs, FL 32708 May 20, 1990 To Whom It May Concern, I, Edward M. Krikorian, do not object to my neighbor's breeding of domestic dogs, or the maintaining of more than two of these animals on their residence. My neighbor's residence is located at i-.t- 11~ South Cortez Ave, winter Springs. If anyone has any questions about my opinion, they may contact me at (407) 327-3410. Sincerely, [~~~ I~P~(~ Vv\ . Edward M. Krikorian . . . I' ~r9t:/ I': .. JD~~~~: Ji./ 7Iccr!~~.1 ~~ cd //S- ~ Cd:;; ~ W~ ~/ ~ .~ ~ -4 VcJCI\ ~ ~/~ ~ J //1' ~ ~ 0-.../ ~_~ ~ ~ (j) ~ oJ- ~ ~t2,LJ.. CJ . J~ .r; Naj~ 0(: ~~ /~5-~~~ W~ ~ ~.P3.?,::1':r.r ~~ 7- 3:2 7- 3//7 . . . ~o/Yt2 ;..JD W~ J-d~; ~ ~ G? (?~-' ~ ~.... o.f //7 ~ ~ ~/ W~L~ ~ ~ ~ ~ --f; GJj en. ri:k, ~ ~ ~ o.t //7' ~~~ ~~ ~ (j~C~) ~ QJ-~~. ~~ ~Q.~ //7 2. 07 C-.e W~ ~ ~ S27c)'}-- ~7- 32?-c'>//7 . . . .. ... June 6, 1990 TO: City Manager ~ Land Development coordinator~/ FROM: RE: Agenda Item, Request for Nursery This is a request by the property owner, Jon Zabel, and the proposed tenant, C.J. Rhodes, to open a nursery between Hayes Road and S.R. 419 on the south side of S.R. 434. This request is also seeking the use of temporary buildings. The property in question was used as a nursery years ago and is an allowed use in the C-l Zoning category. Zabel and Rhodes presented this to the Staff and explained that Mr. Rhodes did not want to make firm commitment to a permanent business until he can evaluate this location. The Staff has no problem with granting this request for a year with the stipulation that a formal site plan be submitted at the nine (9) month point if the business is to be extended beyond a year. jfg cc: Mayor Commission City Attorney City Clerk . CITY of WINTER SPRINGS: Mr. Rhodes is requesting for the City Commission to Review and Approve at their scheduled meeting 5/11/90 his request to move his nursery business from Hwy. 17-92 to a site on the South side of 434 approx. 500 Ft. E. of Hayes Rd. Legal description is as follows: LOT 29(Less Rd.) Entzminger Farms Add. 2 PB 5 PG 9 . JON ZABEL,owner,will also attend meeting. ,r----.. ~<f5' ej:-:- \..- -''--, ~ ..(~V / ',- G.J. Rhodes P.S. Proposed site plan enclosed. ~~~~rrW1r~ SUN 0 6 1990 . CLLYJ OF WINTER SPRINGS !:and Development CoordinatolJ . . . ."e tef \.. \ ce" r ~ '0 -.P DRIVEWAY AND PARKING ! Approx. 1 00' ~ for RHODES 434 NURSERY NORTH ~~A'^AA~A.A,AAA.A^A~'.^^A.^.^AA~A.'.A,A~^~^A^.A.A'^A~.A.~.~~~.~.^,~. (0 N M ^ ^ ^ ^ ^ ^ ^ ^ A'A "^^^^",^^^...., ^ ^ ^ ^ .'10 ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ h ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ""'''''... ","h.'.., ^....... ^ ... ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ... ^ . ... ... ^ ^ ^ ^ ... ^ ... ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ . ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ... ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ... ^ . ^ ^ ^ ^ ^ ... ^ ^ ^ ^ ...... 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" " . .'. .... . .. . .'. ..... ...1 14- 15 x 30 Sales Office ^ ... ~ ^ ... .~ .... ^ ... ... ^ ^ ^ ^ ^ ... ... ^ ^ ^ ... ^ ... ^ ^ ... ^ ... ^ ^ ^ ^ ^ ^ ... ... ^ ... ... ^ ^ ... ... ... ^ ^ ... ^ ^ A ^ ^ ... ... ... ... ^ ^ ... ... ^ ... ... ^ ... ... ... ... . ... ... ^ ^ ^ ... ^ ^ ^ ... ^ ^ ^ ... ^ ... ^ ^ ... ... ... ^ ... ^ ^ ... ^ ^ ^ ... ... ^ ... ... ^ ^ ... ... ... ... ... ^ ... ... ^ ^ ... ^ ... ... ^ ... ... ^ ^ ... ... ... ^ ^ ^ ... ... ... ... ... ^ ... o 0'1 M - et i.8 Xc: ~t d 30 x 50' Metal Shed . ^ ~ ^ ~ ^ ^ ^ .~ ^ .~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .... ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ . ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ . ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ A"A ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .~ .~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ . ^ ^ ^ ^ ^ .~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ . ^ ^ ^ ^ .~ ^ ^ ^ ^ ^ ^ ^ .~ .~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .\ ^ ^ .~ ^ ^ ^ ^ ^ ^ .\ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .\ ^ ^ ^ ,\ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .\ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .\ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ".... ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .\ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .\ ,', ^ '" ... ^ 0" ^ ^ ... .... . ... ^ ... 0"' .t. ,", ... ^ ^ ... ^ ... ... ,". ... ... .', ... ... ... .... .... ,.. ,.. ,.. ,.. .', ,', ,', ,', ,', ... .'. ,.. .', ... .', ,'. .'. ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ .~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ . ^ ^ ,.. ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ I :~ LEGAL: Lot 28 Entzminger Farms Addn. #2, P.B. 5, Pg. 9, Seminole County Records. Center Line General location of nursery plants 400' Celery Ave. (not open) * 25' ,~ . PLANNING AND ZONING BOARD MINUTES May 23, 1990 The meeting was called to order at 7: 30 P. M. BOARD MEMBERS: David Hopkins, Chairman, Present John Langelotti, Present John Torcaso, Absent David McLeod, Vice-Chairman, Present John Horan, Present CITY OFFICIALS: D. LeBlanc, Land Dev. Coordinator J. Koch, Dir.Adm.;Comp. Planning ~~l Update of Official Zoni~~p_~r Section 20-102(~f City Code: LeBlanc reviewed with the Board where annexations and rezonings have occurred within the past year. There were five new parcels added to the map. Horan moved to reconnnend approval of the annual update of the Official Zoning Map of the City of Winter Springs per Section 20-102(c) of the City Code. Seconded by Langelotti. Vote: All aye. Motion carried. Hopkins asked if there was any other business to come before the Board. There was no other business to come before the Board. . Hopkins adjourned the meeting and opened the workshop. Developnent of Comprehensive Plan SR 434 Corridor - Future Land Use and Future TrafQc Circulation a. Presentation by FOOT District 5 Planning Coordinator Bryan Gaines. 1. State Regulations Providing for Access Management along Arterial Roads. 2. Adopted Level of Service for SR 434 within Winter Springs. 3. Compliance with Concurrency Provision of Growth Management Act. b. Discussion with City Staff on Impact of Commercial Development on SR 434. 1. Police Chief 2. Fire Chief and Fire Marshal Hopkins gave a brief sunnnary to Mr. Gaines as to what the Board has been doing up to now. He stated that the Board has been gathering existing information on traffic circulation, land use, and a number of other elements of the Comprehensive Plan. The Board has been examining the existing conditions and exploring some of the possibilities that it may development to encourage and maintain the character of the cornrrnmity. The Board was given a tour of SR 434 and reviewed the land use possibilities it needs to consider along with the opening of the expressway and the widening of SR 434. . ..: . Planning and Zoning Board Minutes May 23, 1990 Page 2 Koch told the Board that she \II1ClI1ted them to have first hand infonnation on the new regulations that will be involved in complying with concurrency. This will help the Board with trying to control access on SR 434 and encourage alternatives to make the road safer. Mr. Gaines presented a video, "Access Management Control Classification Systems and Standards." to the Board to help them better understand his presentation. . Gaines stated that the Access Management Rule, Chapter 14-96, which was explained in the video, is a three step process. This rule was adopted on April 18, 1990. The administrative rule includes an access permit application and fee. The cost of the permit will depend on the trips generated by the particular development. FOOT is encouraging local governments to develop their own standards close to FOOT's. They hope that the local government will send a developer to FOOT for permits before they themselves review the development. Gaines stated that these fees will start being collected on July 1, 1990. Another aspect of the rule is conceptual review; this is basically for larger developments and will require a performance bond. Also any changes in the land use type or intensity of existing developments will require reapplication. One problem wi th implementing the rule is the FOOT has no way of knowing when a significant change in use occurs. They are asking the local governments to send the developers to them when there is a significant change. Gaines stated that the Access Management Rule Chapter 14-96 will be published in the Administrative Weekly within the next two to three weeks. It should be adopted in mid to late July. The next step of the process for DOT will be the development of access standards. This was explained in the video. These also will apply to existing uses when they are modified. Gaines passed out a hand-out explaining the statewide m~n~mum acceptable operating level of service standards for the State highway system and reviewed this with the Board. Gaines also passed out a hand-out explaining controlled access facilities and went over this wi th the Board. Gaines stated that one way to help the road system is to require strip commercial centers to tie together their parking lots, thus creating internal circulation. Gaines stated that the level of service will be based on standards set by the Department of Community Affairs and will in the long run limit development. . .~, . Planning and Zoning Board Minutes May 23, 1990 Page 3 Gaines stated that building parallel roads will relieve traffic on existing roads . Koch explained about the loop road that the City is considering, to connect the two halves of the City. Gaines agreed these byPasses would benefit the situation on SR 434. Gaines stated that a big help the City could provide is future right-of-way protection by increasing setbacks on state roads. Hopkins thanked Mr. Gaines for the presentation to the Board. Chief Holzman and Chief Govoruhk both stated that with the growth and the expressway there wi 11 be a tremendous impact on both departments. . Chief Holzman stated that with the first response system, Winter Springs Fire Department will be responsible for the northbound lanes of the expressway from Winter Springs to Sanford and the southbound lanes from Winter Springs to Aloma Avenue. Chief Govoruhk stated that he didn't have much input now but stated that with only one !JI1aY around the City his department is limited. If there is an accident on SR 434 the only other !JI1aY to get to the other side of the City is to go down Tuscawilla Road to Lake and then out that !JI1aY. The Public Works department is working on detour signs so motorists will be a!Jl1are and can take the alternate route. The meeting !JI1aS adjourned at 10:40 P.M. Respectfully Submitted, Margo Hopkins, Recording Secretary Planning and Zoning Board . . . . BID OPENING FOR DESIGN AND CONSTRUCTION OF A 4,500 SQUARE FOOT ADDITION TO SENIOR CITIZENS CENTER AT 400N. EDGEMON AVE., WINTER SPRINGS TUESDAY, MAY 29, 1990 - 2:00 P.M. The Bid Opening was called to order by City Manager Richard Rozansky. Present: City Manager Richard Rozansky Glenn Whitsett, Recreation Director Mary Norton, City Clerk Also Present: Steve Krone, The Scott Companies Jack Bergman, Chairman of the Senior Citizens Six Bids were received and opened as follows: 1. Gray Construction, 802 N. Hoagland (Airport), Kissimmee, FL 32741, in the amount of $222,024.00. 2. Stieren Construction Inc., 1810 Meadowbend Dr., Longwood, FL 32750, in the amount of $167,000.00. 3. Holbrook Construction Co., Inc., 2111 E. Michigan St., Suite 236, Orlando, FL 32806, in the amount of $193,400.00. 4. Landmark Construction Co., 1302 Bennett Dr., Longwood, FL 32750, in the amount of $149,345.00 5. Cornerstone Building Systems, Inc., P.O. Box 916297, Longwood, FL 32791-6297, in the amount of $167,412.00. 6. Stowell Builders, 724 Brookhaven Dr., Orlando, FL 32803, in the amount of $186,980.00. The Bids will be reviewed by Mr. Krone. He will give a recommendation to the City Manager and the City Manager will make a recommendation to the Commission on June 11, 1990. Bid Opening was closed at 2:10 p.m. Mary Norton, City Clerk A representative from Stieren Construction Inc. noted that the Bid Bond for Landmark Construction Company had not been signed or witnessed by the owners.