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HomeMy WebLinkAbout2000 06 26 Regular RE: WINTER SPRINGS COMMISSION AGENDA ITEM D 6-26-00 Public Works/Storm water Department Requesting Direction Regarding the Access to Oak Forest Lake for Maintenance I have been asked to represent homeowners whose property abuts Oak Forest Lake. Let the record show that homeowners from all homes abutting Oak Forest Lake have responded to the city by way of Petition. This equates to 100%. As you know from your packets, Oak Forest Wall Beautification Advisory Board will recommend you use one of the existing drainage easements for access to the Oak Forest Lake for the purpose of treating the aquatic weeds resulting from City storn1 water drainage. Recognizing the importance of the Oak Forest Wall Beautification Committee, it is our feeling that this committee comprised of 3 members out of a 5 member board was presented incorrect, incomplete, and misleading testimony, possibly poisoning the board causing a personal, not equitable, decision to be made. We realize this may be a strong statement, therefore, the tape of the meeting is available tonight if you care to listen to our claims. In fact, during a discussion regarding the property owner of tract B the following statement was made by Board member Murro "Had we ignored him and not asked him or not anything, I'd say you know what, maybe it's kind of a design error we missed when we designed it, when we thought this out. We were at this doorstep 100 times and 100 times it was no. Get out! Get out! Get out! Get out! So I say, you know what it's a nice gesture, but take the palm trees out and go through there." Testimony was also presented that there were "6 to 8" palm trees to move from Lot 2-3. Actually there are 18 Palm trees (I counted them). We are here tonight to present you with facts and show you that the directions by your own Storm Water Manager, Ms. Kimberley Hall, E.!., were in fact followed to the letter (March 6, 2000). In Ms. Hall's letter, she addresses the three (3) easements of Oak Forest Lake, stating that all are currently unsuitable to allow for boat access. Ms. Hall further suggests the Lake Residents meet as a group to discuss alternatives for permanent access. (Pictures) Residents of Oak Forest Lake have agreed (by petition) to the only equitable solution. Residents request the city to provide a curb cut and make previsions for gated access through the brick wall, accepting the permanent boat accessible easement from the property owner of tract B. This is the same route by which the lake has been accessed for the last 21 years. It is worth noting that originally, a cut in the wall was planned during the original stages of the wall planning (as testified to by Commissioner D. McLeod). It is my understanding that the owner of tract B tried to work out another solution for access to the lake, thus avoiding a cut in the wall for aesthetic purposes. This "other" offer was not acceptable to the City putting us back to where we are today. It is also worth noting that there will be another cut in our wall for the purpose (I believe) of treating ponds. EASEMENT IMPEDIMENTS Easement between Lots 2 and 3 (Purple highlight) 18 mature trees, 2 young trees, landscaping, partial privacy fence, existing electrical transformer in the center of the easement, storm water drainage curbside. (trees valued at $90,000). Easement between Lots 14 and 15 (Green highlight) Fence, storage shed, storm water drainage curbside. Easement between Lots 21 and 22 (Blue highlight) Power transfornler in the center of the easement, at least one (I) mature tree, storm water drainage curbside fence, and pool pump. I am a homeowner whose home does not abut the lake. I cannot, in all good conscience, recommend using these easements as boat access points. It would be an imposition as well as disturbing to the natural tranquility of those affected homeowners. When exiting the Oak Forest Subdivision from Oak Forest Drive and Winter Springs Blvd., one cannot see the offered area of access. Traveling at 45 mph down Tuscawilla Road will not leave much of an opportunity to view the access area. Please do the RIGHT thing. Take the necessary action to establish the easement (through tract B), provide a curb cut, and make provisions for gated access through the brick wall. -J f....' , ) f\(1 : . . . ~":.' :. . , ,'. \ , ,91 / ~l-\7 / " /" In6 '\. IV A 0 :-"" / "- ~'< .:) / ~--.. \\ 9C"'/~ 87 "\ '\ / C " 1 '\ /" 86" )/" "- -- '\. .~./ " R c: ~, ...-< '- -".) '~ \ '~- " \ .- // _ '.\ (J 't ". / ' '. . / /' "-""- ,I '. " ' / ,/ " .-' / / ' / '~..... ,f ......._... / . ;", '.. ""l , " ,/ .' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 March 6, 2000 Dear resident: As you probably know, the City of Winter Springs has not been maintaining your lake for the last few months. Since the city does not have an easement over the lake and access easements to the lake are obstructed, the city has been deliberating on whether to maintain the lake or return maintenance responsibility over to the residents. The City has decided to maintain the lake once a permanent access easement can be established. The City of Winter Springs has three (3) easements for Oak Forest Lake, all of which are currently unsuitable to allow for boat access. It is crm;ial for the City to access this lake in order to provide proper stormwater maintenance for the purpose of stormwater retention and water quality. Eliminating proper water quality treatment will cause your lake to deteriorate rapidly causing negative effects on aquatic plants, fish, natural wildlife and the overall aesthetics of the lake. In the past, Mr. Allen was gracious enough to allow the City to access the Lake through his property along Tuscawilla Road. However, during the lane widening construction, a permanent wall is being placed along Tuscawilla Road, thereby eliminating this access point. Unless the residents can provide a suitable 15' wide, boat accessible easement, the City will utilize one of the existing easements. Please take the initiative to discuss with your neighbors the alternatives for permanent access. I highly urge the residents to meet, as a group, to discuss these alternatives. Ifno alternatives can be presented to me, as a group, then the City will take further activn to modify the eXIstmg ~asemeni that we have sdectea tor access. I will be happy to help you in any way possible, and I will make myself available to meet the residents, as a group, ifneeded. If you have any questions or comments, please do not hesitate to call me at 327-5983. Sincerely, ~ Kimberley Hall, E.!. Stormwater Utility Manager ,.,' .... 1065 Winter Springs Boulevard Winter Springs, FL 32708 (407) 699-5402 March 10th, 2000 Dear Lakefront Property Owner: This is in response to the letter we received from Ms. Kimberly Hall, Winter Springs Stormwater Utility Manager, dated March 6th, 2000. I have had discussions with several lakefront property owners who have expressed their concern about the letter from Ms. Hall and how the city has allowed the lake to deteriorate to the worst condition in over 16 years. Hopefully, this will address some of the questions posed and will "set the record straight". I have acted in good faith and in a spirit of cooperation and fairness with the city for over a year in an effort to allow an acquatic weed control contractor access to Oak Forest Lake. Unfortunately, I cannot say the same for the city government officials with whom I have dealt during that time. First, some background. About 7 or 8 years ago I discovered that Tract "8", which consists of approximately five acres, including over one half of Oak Forest Lake, with approximately 140 feet of frontage on Winter Springs Boulevard and 600 feet of frontage on Tuscawilla Road, unlike other properties abutting Oak Forest Lake, had no deed restrictions. This meant that an entity, such as the City of Winter Springs, for' example, or an individual, insensit.ive to the peace a,nd tranquility of lakefront living enjoyed by lakefront property owners, might acquire the property and open the lake to the general public, with devastating consequences to our quality of life, such as the in- troduction of power boats, powered personal watercraft, along with the associated noise, trash, litter, loud music, trash talk, etc. Fortu- nately, I was able to purchase the parcel in July, 1997. Several months ago I met with Ms. Hall, members of her staff, and the acquatic weed control contractor. At that meeting T agreed to grant the city access to Oak Forest Lake, ingressing and egressing via Win- ter Springs Boulevard, provided the city would accomplish the clearing and grading necessary to allow vehicular access. To make the lake ac- cessible would entail the removal of underbrush, grading, and the re- moval of several trees (It now appears that access will require re- moval of two pine trees plus 3 smaller trees). Ms. Hall expressed an opinion that if the city expended funds to clear, grade, and remove brees, the drafting of a formal easement would be required. Obviously, encumbering the property with an easement will adversely impact the value of the parcel and will not be considered. After several days of mulling over the matter, I decided to make the city an offer they could not refuse. I would clear, grade, and remove the trees, at my expense, and allow the city access to the lake. After clearing the underbrush and rough grading, T submitted a request to the city requesting an arbor permit to remove, again at my expense, .' ~ three pine trees approximately 14 to 18 inches in diameter. Staff ad- vised me that T would be required to pay (r think it was $25) for a permit plus I would be required to plant three 15 gallon trees to re- place the pine trees. Since Tract B and the lot on which my home is located in Oak Forest are both heavily treed (due to numerous trees I planted during the past 16 years), I had nowhere to locate three 15 gallon trees. Surprise! Surprise! They had the perfect solution to my dilemma, Since I had no place to plant. the trees, t.he cit.y wou'ld allow me to pay t.he city a sum of $150 ($50 per tree) and they would plant three trees elsewhere in "Tree City, USA", commonly known as Winter Springs. Based on the fact that. I had already spent several hundred dollars to rent construction equipment and several days of labor by myself and Mr. Mit.ch Workum, owner and occupant of 1067 Win- t.er Springs Boulevard, I reject.ed their largesse. I then requested the staff member contact Ms. Jimmett.e Cook, explain to her that. t.he reason for removing the trees was to allow the cit.y access t.o Oak Forest Lake. Later that evening I saw Ms. Cook and was appalled when she informed me t.hat she would not. waive t.he fee. Based on this, and several other inst.ances where I have found city staff members to be equally arbit.rary, any future dealings T have wit.h t.he city on this matt.er will be reduced to writing and made a matter of record. Should any recipient(s) of t.his let.t.er so desire, t.hey may pursue with the city the lake access issue. I am leaving open the offer t.o permit access to the lake across Tract 8 via Winter Springs Boulevard, and will sign an application for a permit. t.o remove five trees, so long as the work is done by a licensed contract.or. /:.-~k;l~. )~~v ' Marshall "Smokey" Allen Encl: Kimberly Hall Itr 3/6/2000 cc: Mayor Partyka Commissioner Miller Commissioner Blake Commissioner Martinez Commissioner Ginnell Commissioner McLoud City Manager Mclemore Stormwater Utility Manager Hall 2 HOMEOWNERS. OAK FOREST LAKE ILOT t!. NAME AOIDRESS PIHONE 1 _ _ _ _ _ _ _ ,W 0 r k u An _ , _ _ _ , _ 1067 Winter Spr i ngs Boulevard__.__(407) 695-2278 2 . _ _ . . _ _ ,A 11 en _ _ . . , _ _ ,1065 Winter Springs Boulevard.,.__(407) 699-5402 3.....___Woods___ _ _., .1063 Winter Springs Boulevard...__(407) 695-2851 4 . _ _ , _ _ . . F i 1 i na . . . _ . . .1061 Winter Springs Boulevard._.._(407) 699-6621 5.___ .__.Mahan___, _..._902 Oak lForest 01J" i ve _ _ . - _ , _ _.. . _ _( 407) 695-0834 6. _.. ,__,Grande.. ____._904 Oak lForest 01J" i ve . . _ _ _ . _ _ _ _ . _ _( 407 ) 699-1307 7 _ _ _ . _ _ _ _ Hagenst.e in. , . _ 906 Oak lForest 01J" i ve . . _ _ _ . . . , _ _ . .( 407 ) 699-0408 8_.,_ ___,Beauregard_.,_908 Oak lForest 01J" i ve . , _ _ . . . . . _ _ . _ ( 407 ) 696-5020 9.___ __..Kalaha1J"_ _ ...._910 Oak lForest 01J" i ve . . . _ _ . _ . . _ . _ _( 407 ) 388-1771 10_ ___ .___Chapman.. ,., ,_912 Oak lForest 01J" i ve. . . _ _ _ . . . , , _ _( 407 ) 696-2177 11, .__.___Muller___ _..._914 Oak lFor est. 01J" i ve . . _ _ _ _ _ _ . _ , _ _( 407 ) 695-0809 11.2 . , , , , _ _ . Be n nett. , . , _ _ _ _ 916 Oak lForest Olr i ve . , . _ . , . . . _ . _ _ ( 407 ) 699-4273 13. _ _" _ _ _Seidule,.. _ _ _ _918 Oak lForest Olrive... _ _ _..,. _. _(407) 695-1809 14 _, _ _ _ _ _ _Cuebas_ _ _ _. _. _920 Oak lForest Drive... _ _...... _ _(407) 699-7193 15.-",___Strobl__.,,___922 Oak lForest Olrive...__.__",__(407) 695-8445 16. . , _ _ _ _ .McNa 11y. _ , _ _ _ .924 Oa k lForest Olr i ve. . _ _ _ , . . _ . . _ -c 407) 695-9704 17 -..., _ _ _Gonzalez.,. _. _926 Oak lForest Olrive,. _ _ _, _.... _ _(407) 695-4812 20. _ _ _ . _ _ ,Gi 11 , _ _ . _ _ . _ . _929 Chokecherry Court. _ _ _ . . . _ _ . _ _( 407) 695-6037 21 - , , , , _ _ .Johnson. , . , _ . _927 Chokecherry Court,. _ _ _ _ . . _ . _ _( 407) 699-0765 22 - - . . . _ _ .Webb, _ _ _ . . . . . _925 Chokecherry Court _ _ _ _ , _ . _ , , . _( 407) 696-1791 23. _" ,___Jones__.,," _.926 Chokecherry Court, .__. _ ,.__._(407) 695-0301 TO: Mayor Partyka Commissioner Miller, District 1 Commissioner Blake, District 2 Commissioner Martinez, District 3 Commissioner Gennell, District 4 Commissioner McCloud, District 5 Page 1 of 2 pages PROVIDE ACCESS TO OAK FOREST L.AKE FOR AOUATIC WEED CONTROL We, the undersigned, owning and residing on property abutting Oak Forest Lake, feel the time has come for local authorities of ~inter Springs to provide access to the Lake so out-of-control aquatic weeds may be removed by periodic application of aquatic herbicides_ For the past 21 years, access to the Lake has been from TlUscawilla Road through the southern portion of Tract B, Oak Forest, Unit One_ Due to the lane widening and construction of a brick wall, the only suit- able access to the L.ake will be blocked_ The property owner of Tract B has agreed to grant the City a permanent, boat accessible easement, from TQJlscawilla Road_ Respectfully request you take the necessary action to establish the easement, provide a curb cut, and make pro- visions for gated access through the brick wall_ SIGNATURE STREET ADDRESS ~?f;A;// ~coA~ /e?~ 7 /Oh7 Cjf)..o 0.4kfO~E5T /)If:. . 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