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HomeMy WebLinkAbout1993 05 24 Regular . . . May 18, 1993 To: From: Re: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Mayor/ Commission City Manager John Govoruhk Attached herewith is McIntosh's letter of May 3rd and Staff comments. Eagle Ridge I want to bring to your attention the 100 acres on the property which was for conservation purposes and was supposed to have been donated to the City. ~!.- /;i! /. [.:'0. ~G//~ / ".'('/ /~!- /" / v 1,/ John Govoruhk, City Manager v . FRANK KRUPPENBACHER. P,A, DIRECT DIAL NUM8ER (407) 6497405 LAW OFFICES HONIGMAN MILLER SCHWARTZ AND COHN ~,5J, ft;((i)i'fi\,'" I :-') : " l~ \ 1 !. J \ '.", J r' i ! ! ) JlJn I l'jjj -. , ,A/fi'j(A, J c{~;.,/ ~11 ( . t d, /, i . : \ " ,; j., j l. I I 'I' ,~j \ I 'J j. ~) t./oIl>tI p/.'rd/~")lIl~/.l- r..'II/I.'>~ '--J.: .A. PA.RTNERSHIP INCLUDiNG PROf"(SSIONAL ASSOCIATIONS 390 NORTH ORANGE AVENUE SUITE 1300 ORLANDO. FLORIDA 32601-1677 TELEPHONE (407) 6460300 TELECOPI[R 14071 646,1155 wEST PALM BEACH, FI...ORIOA TAMPA, F'LORIDA DETROIT, MICHIGAN LANSING. MICHIGAN HOUSTON, TEXAS LOS ANGELES. CALlF"ORNIA L' (/JI 1'/ !)jI..'L:t Ir:/V /:-/1''(;.'' /i.' J.;',t:;-/~ June 1, 1993 Mr. Donald W. McIntosh 2200 Park Avenue, North Winter Park, FL 32789 Re: Eagle Ridge Development City of Winter Springs, Florida Dear Mr. McIntosh: The following outlines the City commissioners clarification of certain issues regarding the above-referenced project at its May 24, 1993 meeting: . . 1. School Impact Fees. In view of Seminole county's passage of a $1,378.00 per unit school impact fee, the City will permit you to credit the $500.00 impact fee against the County's school impact fee. In the event the County eliminates its school impact fee, reduces it below $500.00 or has it declared illegal and invalid by a Court of competent jurisdiction, the developer will be liable for the $500.00 or the difference between the reduced fee and $1378.00 per unit (not to exceed $500.00), which sum shall be directly payable to the City for use in public schools located throughout the city. In the event a Court orders the return of any school impact fees paid to Seminole County, the developer would be liable to pay the City $500.00, or the difference between the sum retained and the collected $1,378.00 (not to exceed $500.00) for each unit covered by the return. 2. Trotwood Blvd. At present, this will be a one lane road with only emergency vehicle ingress and egress with break-a-way gates. The monies the developer would have expended for a full two-lane connector road will be tendered to the City by the developer at the time of construction of the road. A sidewalk is to be built along one side of the road to accommodate pedestrian traffic to the schools. . . . '.. ... HONIGMAN MILLER SCHWARTZ AND COHN Mr. Donald McIntosh Page 2 June 1, 1993 3. Alton Road. There is to be a stabilized road, sufficient to accommodate fire and police vehicles, from Eagle Ridge Boulevard to Alton Road for emergency use. There will be break-a-way gates on each end. 4. Reclaimed Water Lines. There will be reclaimed water lines throughout the project and each lot will be connected to the system. 5. Proposed Water Main. The developer has agreed to meet with the utility Director to discuss the upgrading of the proposed 611 water main (approximately 850') near the Sailfish Road and Trotwood Boulevard interconnection to 811. 6. Phasing. The project is approved for phasing. 7. Conservation Area. The approximately 100 acres under conservation restraints is to be donated to the city. Should you have any questions, please call me. truly yours, FK:dmv AND COHN cc: Mr. John Govoruhk, Acting City Manager 1126 E. State Road 434 Winter Springs, FL 32708 03074 ~I DONALD W. MciNTOSH A..oelate.,lne. ~........__._~@~ftWiE~ MAY 10 lS93 JjJ) CHY of WINTER SPRINGS CITY MANAGER . May 3, 1993 Mr. John Govoruhk City Manager City of Winter Springs 1126 East S.R. 434 North Winter Springs, FL 32708 RE: Eagle Ridge Issue Clarification Dear John: . We have been retained to assist Pizzuti Development, as contract purchasers of the Eagle Ridge property, with their due diligence investigation of the Eagle Ridge development entitlements and property. Of the many very well defined issues associated with the property, three specific questions have surfaced for which I have been asked to obtain some specific clarification from the City. To that end, I am writing to ask you to assist us in obtaining the clarification from the City Commission, if necessary, at their earliest opportunity. " School Impact Fees Issue Number One concerns the payment of school impact fees. As part of the executed Eagle Ridge Developer's Commitment Agreement dated March 27, 1989 (copy enclosed), Mr. Allan Keen, as general partner for the 434 Partnership, agreed to pay $500.00 per unit to the City when each unit's building permit was issued, to be used toward public school system needs. At that time, there was no other impact fee mechanism for contribution to the school system and Mr. Keen offered this payment voluntarily to offset the development's impacts on the school system. Since that time, a formal Seminole County wide school impact fee has been adopted totalling $1378 per unit which does apply to the Eagle Ridge development. We respectfully request formal confirmation of what the total school impact fee payment is required of Eagle Ridge. We contend, that based on conversations with the School Board Staff, City Commissioners and parties involved with the project at that time, the project should pay the $1378 fee. We believe it was never the City's intent to disproportionately or unfairly assess Eagle Ridge, but rather collect fees to assist in funding of school system improvements in the absence of any mechanism then available to do so. . Trotwood Boulevard Improvement The previously referenced Developer's Commitment Agreement, further clarified by the December 10, 1990 action of the Ci ty Commission (meeting minutes enclosed), set forward the requirement that the developer construct Trotwood Boulevard as "a single lane road for emergency access only with a break-a-way gate and that the balance from the funds that would have been expended for a full connector be given to the City for future connection from this development". CIVIL ENGINEERS LAND PLANNERS. SURVEYORS . Mr. John Govoruhk City of Winter Springs May 3, 1993 Page 2 We have been asked to request this condition be reviewed with the understanding that the effort associated with Trotwood's extension through project wetlands is extensive and that such work may best be done at one time (i.e., if there is any future potential to build a full cross-section for Trotwood, it would be done best at one time). Further, permits for such a connection may not be permitted by the various regulatory agencies in the future. The City's priorities for area traffic networks are not entirely clear to us, but have always had an influence on the Trotwood decision. My clients respectfully suggest that two steps should be taken: 1. Trotwood should be built as designed and approved as a full section, two-lane roadway provided all agencies allow such connection. 2. Trotwood should be opened as an integral part of the City's road network without restrictions. My clients would like the Commission to review the issue and make a final detennination. Alton Road . .. The 1989 Developer's Commitment Agreement stipulates that the City, will at its sole discretion when the development phase abutting Alton Road is presented to the City, decide whether and in what configuration Alton Road might be built. When Eagle Ridge final plans were approved by the City (December 10, 1990 City Commission meeting) the project's approval contained no reference to the Alton Road requirement. My clients would like to interpret such approval as the City's having decided against the need or benefit of an Alton Road connection. We feel that Alton Road should not be constructed as it is not part of the City's master transportation circulation system (as Trotwood might be characterized) as its construction would materially affect the natural setting presently afforded to the City Park being dedicated in the vicinity of Alton Road. In fact, a road built through the Park would significantly lessen the function and area of the proposed park. We therefore respectfully request the City confirm that no obligation to construct Alton Road will be placed on the Eagle Ridge owners or developers. Lastly, my clients intent is to construct the development in phases which contain units that will stand on their own. That is, units that have self contained independent sewer, water, stormwater and other systems needed to support homeowners within each developed unit. We would like to confirm that, provided each development section will sufficiently stand on its own (as confirmed by the City Utility and Engineering Department Directors), proceeding with Units 1,2 and 5 (not numerically sequential) will be acceptable to the Commission. Please note that Unit 6 would likely be the last unit constructed in any case. . DONALD W. MciNTOSH Assoclates,lnc. 2200 PARK AVfNUf NORTH. WINTfR PARK. FLORIDA 32789. 14071 544.40f,8 '. Mr. John Govoruhk City of Winter Springs May 3, 1993 Page 3 My client has requested these clarifications in an effort to fully understand their future obligations to the City and to ensure they have the information needed to perform consistently with those obligations. As always, we are available to meet to discuss the enclosed at your convenience. I would appreciate your bringing these issues to the Commission as soon as possible in order to allow Pizzuti, as purchaser, to obtain the City's direction needed to conclude the due diligence period. Sincerely, . ;;t:~~~:07 ASSOCLmS, INC. Co;;~~rn:a. President .; enc DWMjr/jh c: Mr. Steve Ivins Mr. Roy Dye Mayor Phil Kulbes Commissioner Cindy Kaehler Commissioner Don Jonas Commissioner John Langellotti Commissioner John Torcaso Commissioner Terri Donnelly Mr. Don LeBlanc Mr. Leonard Korlov, P.E. Mr. Kip Lockcuff, P.E. Mr. Frank Kruppenbacher, Esq. EC8621 . DONALD W. MciNTOSH Assoclates,lnc. 2200 PARK AVENUE NORTH, WINTER PARK, flORIDA 32789 _1407) 644-4068