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.
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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
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ACCESS TO OAK FOREST LAKE (Cont'd)
Page 2 of 2 pages
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