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HomeMy WebLinkAbout1992 03 02 City Commission Workshop Minutes . WORKSHOP MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, MARCH 2, 1992 The Workshop Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:00 p. m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor John Langellotti, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: John V. Torcaso, present Don Jonas, present Terri Donnelly, present Cindy Kaehler, present Discussion of application for borrow pits-Units l4C and 15, Tuscawilla: Attorney David Brown with the law firm of Braod & Cassell, was present along with Mr. Scott Banta, representing Sullivan Properties. Attorney Brown pointed on the map to ParcellS which is on S.R. 434. He explained there is proposed to be dug two major lakes, one which represents approximately 50 acres and another lake approximately 10.62 acres. He said the point in digging these lakes in these areas is to enhance the site and also to provide fill for this proposed eastern beltway extension. The reason this fill is conducive to being provided here is you do not have to impact roadways that are adjacent to the site or the general area. . He explained because they can remain on site by traveling laterally across the site with trucks, they will divert a substantial amount of truck traffic off the public roads to bring it onto the beltway, and on the site on Parcel 14 the dirt can be removed and moved to the beltway without impacting public roads also. Attorney Brown explained the corollary benefit to be derived is the reduction of density in uses proposed and the area which is remaining around the lakes when restored will provide beneficial very nice lake frontage. Attorney Brown then gave some basic numbers under the Settlement Agreement which was entered into between the City and Winter Springs Joint Venture. Parcel 61 had 89 units on the Settlement Agreement. Under the development possibilities of the property, that being wetlands, it could have really only accommodated about 82 units, and that will stay at the same number. Parcel l4C under the Settlement Agreement had 125 units and again with wetlands there was an achievable number of about 35 units. Under the Sullivan proposal there will be 5 units on parcel l4C. On Unit 15 there were 67 acres commercial, 416 of single family and 504 multi-family. He said realistically out of the 416 single family, only 177 single family units could have been accommodated and out of the multifamily of 500, only 300 could have been accommodated. He said the commercial will stay the same, the single family will be reduced from 177 to 82 and there is no present plan for multifamily, although one of the commercial properties could be converted to multifamily. On Parcel 80 there were 1,480 in the Settlement Agreement, only 675 units under realistic development. Attorney Brown discussed the sewer issue. He said after the land use changes that are being proposed there will still be about 910 equivalent residential connections. Attorney Brown had a rendering of the proposed 50 acre lake that will exist on Parcel . 15. He also showed pictures of borrow pits which had been converted into lakes. Workshop Meeting, City Commission, March 2, 1992 Page 2 . Joe Genova, Addidas Road, asked will the losing of 120 units necessitate an in his sewer and water bill. Manager Rozansky explained that it would not. Rozansky explained they can replace these connections from elsewhere within Planned Unit Development, and that will satisfy the Agreement. increase Manager the Commissioner Jonas asked Attorney Kruppenbacher to elaborate on the modification necessary to the Settlement Agreement in order to accomplish these borrow pits. Attorney Kruppenbacher explained if this Commission voted to grant the borrow pits, we would go back into court with the Developer. File a request for the court to approve an amendment so that we stay within the confines of the Agreement. Paul Partyka, Oswego Court, asked what kind of guarantees are there that in four or five years the lake stays a lake. Attorney Brown explained as to the maintenance issue, there is a combination of lien rights by the City to assure completion or maintenance of what has occurred with that being prior to any other encumbrances on the property the way a mortgage is so that would be a prior right. In addition they are trying to examine what kind of costs might be involved or cash collateral or letter of credit that can be placed as additional security as to the completion as well as maintenance of the project. Robert King, Black Hammock, asked how much water will it take to fill these lakes and where will it come from and what kind of impact will that have in Seminole, Volusia and Orange Counties? . Helene Bilkey, Saranac Drive, asked where the trucks would be running. Richard Torcarriage, Mt. Laurel Drive, asked what benefit is it to the City to build these borrow pits, and who will maintain them. . Dick Denning, Pebble Beach Circle, asked what amount of taxes would 425 homes bring. John Heninger, Antelope Trail, asked about maintenance. Ray Laub, Blue Spruce Court, cautioned that when we go back to court to amend the Settlement Agreement, we may be opening up a Pandora's box. Martin Trencher, Winter Springs Boulevard, if this project is approved that a sufficient bond or letter of credit be posted by the developer for the complete project for maintenance. He also asked what kind of liability issues are involved if the ownership of these lakes remains in the hands of the developers as opposed to the City. John Wilson, Vistawilla, asked about a construction plan and he wanted to know if it would become property of the City, or will it be private. Nick DiGiorgio, Mt. Laurel Drive, asked if a fee could be put on the commercial sites to maintain the ponds. Pete Kelley, Sequoia Court, Construction Manager for Hubbard Construction, spoke about the removal of the dirt and the need for the dirt. Andrea Kosack, 1835 Seneca Boulevard, asked about the approval of the project. Bill Bess, Vistawilla, suggested a study be made to see what effect this would have on traffic in the area. Moti Khemlani, president of the Tuscawilla Homeowners Association, asked that any changes to the Settlement Agreement be done with full cognizance of the people of Tuscawilla. He said if the City agrees to the project the following conditions would be met by the developer: the developer would provide an escrow funding for the completion of the entire project to specifications, and there would be some escrow funding to insure that the project is completed. Also the entrance to Chelsea Woods would be moved from where it is to the corner of Winter Springs . Workshop Meeting, City Commission, March 2, 1992 Page 3 Boulevard and Seneca Boulevard so as to encompass the four to five homes that they are contemplating at the corner of Winter Springs Boulevard and Seneca. Mr. Khemlani said there are some negative points: the maintenance is unknown; who is going to guarantee the lakes will always have water in them and who would control the use of the lakes. Mayor Kulbes called a recess at 8:30 p. m. and called the meeting back to order at 8:40 p.m. Isabella Laub, Blue Spruce Court, said in order to avoid problems two or three years down the road, there is no reason why these people who have come here this evening cannot express their concern about the land use. Manager Rozansky explained there have been several meetings with the developer; there has been a staff meeting and the staff has no basic problem other than the fact if it should be there. There are some policy decisions here that eventually the Commission has t~ be the ultimate decision maker on that. The City Engineer has provided a draft of what the Staff would like to see in the permit shoud the Commission approve the permit. There were some 16 items on the draft and Manager Rozansky asked that the dates and hours of operation be added to item 10. He also suggested the routes of the trucks be added. Commissioner Kaehler asked Attorney Brown if the developer would be willing to set up an enterprise fund for the maintenance of the lakes so that they do not become a tax burden to the citizens of Winter Springs. Attorney Brown said he would have to address that issue, and will have a firm proposal next Monday night. . Commissioner Jonas emphasized the need for everything to be in the contract. Commissioner Langellotti asked if the digging of the lakes will have any effect on groundwater in the surrounding areas and possibly causing sinkholes. Commissioner Donnelly said she would like to see some figures on the various ponds that have been dug in other areas. She asked how much dirt will be trucked out of Winter Springs. Commissioner Torcaso asked what benefit will these ponds be to residents of Tuscawilla. Mayor Kulbes spoke against the project. Commissioner Kaehler asked if we approve the borrow pit are we approving their concept of a possible multifamily area being put on there because we are going to have to go in and change the agreement. Attorney Brown explained the single family area under the Settlement Agreement is not changing. He said what his comment was is where the commercial property is now, the 67 acres commercial, a parcel of that may be a multifamily site which has always been permitted. Attorney Kruppenbacher said there is an exhorbitant amount of detail work that has got to be done to protect the City, and this is the first session the Commission has had on this. Meeting was adjourned 9:30 p.m. . Respectfully submitted, Mary T. Norton, City Clerk