The URL can be used to link to this page

Home My WebLink About2007 03 12 Regular 601 Fruitwood Lake Re-Plat COMMISSION AGENDA ITEM 601 March 12, 2007 Meeting Consent Information Public Hearing Regular x Mgr. L /Dept. !J'f I v REQUEST: Community Development Department requests that the Commission approve the the Fruitwood Lake re-plat and authorize its recordation, subject to signatures. PURPOSE: The purpose of this agenda item is to approve for recordation, the Fruitwood Lake re-plat. This is a re-plat of 11.01 acres of the existing Foxmoor Unit 2, Block J. The property to be re-platted consists of 19 existing residential lots that will be enlarged (by dividing the City-owned land the extends from the water-ward edge of these lots to the approximate water level of the retention pond known as Fruitwood Lake), the retention pond/lake, and Fruitwood Park. APPLICABLE CODE: Comprehensive Plan Code Section 9-75. Final Plat, contents and recording procedures. Section 9.77. Approval of final plat. Section 9-78. Recording/distribution of the final plat. Section 9 - 102. Entire tract to be used; land-locked areas prohibited. Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). CONSIDERATIONS The subject property was conveyed to the City in 1974 with approval of the Foxmoor Unit 2 final subdivision plat, which dedicated the lots and one area labeled "park." This area, labeled "park," is comprised of what is now considered Fruitwood Park, the retention pond/lake, and the March 12, 2007 Regular Agenda Item 601 Page 2 surrounding property that is being proposed for inclusion in the adjacent residential properties. It is this property between the lake edge and the surrounding residential lots that is the subject of the re-plat. The City has maintained the property for more than 15 years and has been provided access through drainage easements on the residential lots. Access through the residential lots has become more difficult due to fences, gates, and the residents becoming less cooperative with the maintenance. The general public has not had access to the area between the retention pond and the residential lots. Therefore, due to the inaccessibility by both the City and the general public and the resultant difficulty maintaining the property, the City has considered dividing the area between the retention pond and the existing residential lots among the owners of the abutting residential lots. This concept has been considered at the February 14, 2005, and November 28, 2005, City Commission meetings (please see the attached minutes). At its February 14, 2005 meeting, the Commission authorized staff to meet with the abutting residents. A public meeting was held with the residents on May 24,2005. All residents who attended the meeting expressed interest in participating in the land transfer. Staff contacted those residents who could not attend the meeting - all of whom also expressed interest in the land transfer. In July of2005, a survey requesting input on 2 land transfer scenarios was mailed to all abutting land owners. This survey also solicited input on proposed fence restrictions for the new parcels. Based on the survey results and follow-up communication between staff and the abutting property owners, staff devised the proposed land transfer configuration. This configuration was mailed to the abutters in October 2005, in advance oftaking this to the November 28,2005 Commission meeting. Staff has coordinated this re-plat with the City Attorney. Due to the fact that along with the City, all of the owners of 19 separate properties and various mortgage holders who must all sign-off on the dedication, this is an extremely complicated re-plat. The City Attorney has advised staff to bring this to the Commission for approval, subject to all of the requisite dedication signatures (the plat has been certified by the City's reviewing surveyor for consistency with Chapter 177, Florida Statutes). After approval, he recommends a separate Commission meeting be held for meeting with the residential lot owners, further explaining the process to them, answering their questions, obtaining their signatures on the plat, and empowering/encouraging them to obtain the signatures from the various mortgage holders on a separate joinder and consent form (the City Attorney will provide a draft joinder). FINDINGS: 1) The City's surveying consultant has reviewed the plat and has certified that it meets the platting requirements of Chapter 177, Florida Statutes. 2 March 12, 2007 Regular Agenda Item 601 Page 3 RECOMMENDATION: Staff recommends that the City Commission approve and authorize recording the Fruitwood Lake re-plat, subject to all of the required signatures and other conditions the City Attorney may determine necessary. ATTACHMENTS: A Agenda Item 201 & Minutes of February 14, 2005 Commission B. Agenda Item 501 & Minutes of November 28,2005 Commission C. Proposed plat COMMISSION ACTION: 3 ATTACHMENT A COMMISSION AGENDA ITEM 201 CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR February 14, 2005 Meeting MGR IDEPT Authorization REQUEST: Public Works Department Requesting the City Commission Authorize Staff to Meet with the Residents Abutting Fruitwood Lake to Discuss Transferring Property Ownership. PURPOSE: The purpose of this agenda item is for the City Commission to Authorize Staff to Proceed with Discussions with Residents Abutting Fruitwood Lake Regarding Transferring Property Ownership and Maintenance Responsibility of the Grounds. CONSIDERATIONS: The City has maintained the area around Fruitwood Lake for 15 years or more. This area was platted to the City in 1974 as were many unbuildable areas in the North Orlando plats. The City has been accessmg this area for maintenance through drainage easements, both of which were fenced off about five years ago. We regularly mow the area as part of the contract mowing service. Access through the residents yards has become more difficult as fences deteriorate, gates fall, and residents become less cooperative. Due to the general public having no access to this area, staff is asking the City Commission to consider allowing staff to pursue granting this property to the abutting residents while retaining an easement over the lake. Initial meetings with the residents would focus on the interest and potential solutions to dividing the City property equitably. We expect this to take 4 to 6 months. Consent Agenda Item 203 February 14, 2005 Page 2 ATT ACHMENTS: None COMMISSION ACTION: H G F c B A :;5 0" 4;: N. ~: r-..,: --'0 \ <'"\ \ ~ \ OJ) -~i \ ',c ,~120 \ 8 ~",-l ~- \\135 f,,1; \ \ \ \ \ 1 t' " "" " " " "" " " ", .A.. " " Southern BounciaiY""';;N' ,,"- 4 5 6 8 t 7 NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 ~..""'-"- 400 , Feet 2: PAGE LOCATION KEY MAP WITH 1 & 2 MILE RADIUS RINGS 3: ap Page Developed By: Southea'1tem SU11'eying & Mapping Carp. 2435 . "'..... CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14,2005 PAGE 3 OF 20 ~ CONSENT 201. Public Works Department Requesting The City Commission Authorize Staff To Meet With The Residents Abutting Fruitwood Lake To Discuss Transferring Property Ownership. With discussion on lack of access to this lake, Mr. Chuck Pula, Director, Parks and Recreation Department said, "Weare looking at several designs that are being put together currently - to look at what we can do to make it more friendly for those type of people that would like to fish - we'll be bringing that back to you." Commissioner Gilmore added, "I would certainly hate to see us close off that body of water." Commissioner Sally McGinnis remarked, "I think that out of that community meeting, you might be surprised how many creative ideas might come from it. I look forward to the results of that meeting. Will we be informed when that meeting is?" With discussion, Attorney Garganese said, "We can notice it." CONSENT 202. Office Of The City Clerk Requesting Approval Of The January 24, 2005 Regular Meeting Minutes. No discussion. CONSENT 203. Public Works Department Requesting Municipal Adoption Of "Seminole County Local Hazard Mitigation Strategy" Plan By Resolution Number 2005-07. Brief discussion. CONSENT 204. Public Works Department - Beautification Division Requesting Commission Approval For The Neighborhood Improvement Grant Program. Brief discussion. ATTACHMENT B COMMISSION AGENDA ITEM 501 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X November 28, 2005 Meeting MGR IDEPT Authorization REQUEST: Public Works Department Requesting the City Commission Approve the Proposed Fruitwood Lake Lot Split Plan PURPOSE: The purpose of this agenda item is to request the City Commission's Approval of the Proposed Fruitwood Lake Lot Split Plan. CONSIDERATIONS: . The City has maintained the area around Fruitwood Lake for 15 years or more. This area was platted to the City in 1974, as were many unbuildable areas in the North Orlando plats. The City has been accessing this area for maintenance through drainage easements, both of which were fenced off about five years ago. We regularly mow the area as part of the contract mowing service. Access through the residents' yards has become more difficult as fences deteriorate, gates fall, and residents become less cooperative. Due to the general public having no access to this area, the difficulty of its maintenance for the City, and the lack of any public purpose for these lands, the City has proposed to grant this property to the abutting residents while retaining an easement over the lake. · At the February 14, 2005 City Commission meeting, the Commission authorized staff to meet with the residents abutting Fruitwood Lake to discuss the potential transfer of property ownership from the City to the residents. . A public meeting was held with the residents on May 24, 2005. Several options were discussed for dividing the property into parcels and distributing these parcels to the existing property owners surrounding the lake. All residents who attended the meeting expressed interest in participating in the proposed land transfer. Residents who could not make the meeting were contacted by staff after the meeting, and all of these residents also expressed interest in the land transfer. . In July 2005 a survey was mailed to all of the surrounding property owners. The survey requested input on two different lot split plans and also collected input on the residents' desired fence restrictions along the new parcels. . Based on the survey results and some follow-up communications between staff and the residents, the enclosed lot split plan was developed (see Attachment 1). This lot split plan was mailed to the residents in October 2005 to request any final comments before the plan was brought to the Commission for final approval. The enclosed lot split plan (Attachment 1) incorporates all input received to date and there 112805_COMM_Regular_501Jruitwood_Lake November 28, 2005 Regular Agenda Item 501 Page 2 of3 have not been any objections communicated to staff. The proposed lot split plan fairly divides the land while maintaining lots that are reasonably shaped and contiguous with the existing lots. Regarding the fencing, based on the survey results staff recommends that fencing for the new lots be limited to 3' 6" in height and be required to be transparent. This recommendation has also been communicated to the residents and no objections have been raised. FUNDING: No funding is being requested at this time. RECOMMENDATION: Staff recommends that the Commission approve the enclosed lot split plan and the proposed restriction on fencing that limits fencing on the new lots to a maximum height of 3 ' 6" and be transparent. IMPLEMENTATION: If the enclosed lot split plan is approved, staff would like to bring back a cost proposal to the Commission for the required survey and replat needed for the land transfer. ATTACHMENTS: 1. Attachment 1 - Proposed Lot Split Plan COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 150F35 REGULAR AGENDA REGULAR 500. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Mr. Jason Rush, Of 101 St. Johns Landing, To Remove (4) Specimen Trees Located On His Residential Lot. Mr. Richart presented this Agenda Item. Deputy Mayor Blake returned to the Commission Chambers at 9: 18 p.m. MOTION TO APPROVE. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. ~ REGULAR 501. Public Works Department Requesting The City Commission Approve The Proposed Fruitwood Lake Lot Split Plan. Mr. Fields briefly spoke on this topic. MOTION TO APPROVE. MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attachment 1 - Proposed Lot Split Plan 112805_ COMM _Regular_50 I_Fruitwood _ Lake VICINITY MAP NOT TO SCALE PLA T BOOK PAGE FRUlrWOOD L.AKE SEE SHEET 2 FOR DESCRIPTION SEE SHEETS :3 THROUGH 6 FOR ADDITIONAl. DEDICATIONS SHEET 8 ~ j ,JWINTE:Jl I SPRINGS _ ____ __~~~ S R 4~:' 5 6,V ~ ~! j "'; PROJECT A- L i'oj SHEET 7 Ii Ii LL I --""SE"MiNOlA ,,/' ~/ ",y "" ~ NOT TO SCALE i'oj CERTfFICA TE OF SURVEYOR REPRESENTINO CITY CERTIFICA TE OF CLERK OF CIRCUIT COURT .7' n"'j'" "".''' \., ,.5... 'fl. /.'..~. 1.// t+tt~\\~-":..' .......... ' "5.r~_~L ,.L ...., , '11 I.", '".oo -,/ ' , i- I l;_, ' -_:\--\ ,- "", ,. / rc.-/--L, 1'1'.'\ \ \ ..' . ,LLLLL,.,ooLi..:'. ..." ~-,_,~-~'-_.~--'--'----'--'-'-----'-- i.lt '~I f-~O. (d o'ly_L l fj 3,~fJB PLA T BOOK FRUITWOOD L.AKE GFNERM NOTES: LEGEND & ABBREVIATIONS: (II!,;) . I H} 1 be S ._ti/"./I'i! il.\.\\.\/.....~~\:...... ". r-r~Ulf/j ,< " -'1 i . R"', ~ ,. \ . ,'//:',": ,J r ..!. ~J\.\.-_- " r....:-.".:~TKL lid" ~ -=J :/ PAGE "f) "I Iii FRU'TWOOD LAKE CERTIFICATE OF DEDICATION COU iTY :)! FRU'TWOOD LAKE CERTIFICA TE OF DEDICATION PLA T BOOK PAGE ,\ FRUITWOOD LAKE .l<l, FRUITWOOD LAKE CERTIFICA TE OF DEDICATION ,~tJrrtiIJirh:\;' ., " ' .5:.~D'n \ '::" ',,' , ...../"~,..I :'1"\" "- " -."- i ,i"i/' /--,r ,I : -'1 '-\--\-~~i_~:'\~':\-- -"~' FRU'TWOOD LAKE CERTIFICA TE OF DEDICATION FRU'TWOOD LAKE CERTIFICA TE OF DEDICATION PLA T BOOK PAGE FRUITWOOD LAKE FRU'TWOOD LAKE CERTIFICA TE OF DEDICATION {JI FRU'TWOOD LAKE CERTIFICATE OF DEDICATION ~~1 'y FRU'TWOOD LAKE CERTIFICATE OF DEDICATION FRU,TWOOD LAKE CERTIFICA TE OF DEDICATION PLA T BOOK PAGE Sheet FRUITWOOD LAKE FRUlTWOOD LAKE CERTIFICA TE OF DEDICATION T nj~::;t '.j', cc;r\,~\AiS:;!()I'1 FRU'TWOOD LAKE CERTIFICATE OF DEDICATION I', FRUlTWOOD LAKE CERTIFICA TE OF DEDICA TION ~,fY FRU'TWOOD LAKE CERTIFICATE OF DEDICATION PLA T BOOK PAGE FRUITWOOD LAKE / 7~/liTjT+"t~~;'c " tJ,:L,", ;t_~,',',-,,-',,',' ," ;5 ,n~', in~n-,l:\'<,c;< ,~U\\\-, FRUITWOOD LAKE PLAT BOOK PAGE ~.~ POINT OF BEGINNING TRACT "A' PARK ~ ROf:l..\) P f:l..Nf:I..\.Af:I.. RIG\11 Of w"y ~ p\JB\.lC " n o' W\OL 19 p"'" & PI ." 600~ ' G':",^-.;;I,I( 5C;'.LC \ \ \ \ \ ;;\ .", 1\ 'i\ :\ <;:'t\ '1\ S "" 0\ :\ \ \ \ \ . \..' ' ':' \.~ ',.",:; ~.(;: ~ .Jh' \ '\","::, "\ ~~i. cP OS~ ,<u<O~; ~\~ ci 'i\\"''-o~ ~~\9' <j ,<-\G~ <0001'). 1'''''\',,<:,'- FRUITWOOD LAKE TRACT "El" STORMWATER RETENTION AREA ,; '., '. c;, ..\\J~ l>-\,j0....~'i\"" ~~ ~O~ ,<-\Gy..'<. ~'- 1'). f',~~:..:;,C 1''' .:0" I'u\':i, \9. ~ 'i\\'0'- I',oQf ",6 v\.'" ,~ PLA T BOOK PAGE FRUITWOOD LAKE ~\.')~~ ~~ a' '\'} 0<;) ~";ff;<' ~.w.(j "JJ,e;. , ~ ,. q"~o+- ~~-0 ~<::>\ 1;0 .,c> <tS- 5O,PANAMA R p':;?EB~UBUC R'G~AD Ok '9 OF WAY . PAGE 72 LOT 9 \1 , \ Ii, ", ~-~ ; />V \ \ \ \ \ \~ ~ \'1: \'i C f <j) FRUITWOOD \0 LAKE \: TRACT "8" 0 STORMWATER \\'" RETENTION (j) AREA \ \ \ \ \ ~ ~:i;_A;_:_I~I( tJ) ;~>'.,i ~ , . ....,'I!-.. Cu~-_d~ u~ /c'Y ocJl ,Y '0C <(\)'0,( . ~,Q~o~ ~~ ,~\c,"""\ A\ . ' 't:> -1l .,. -'.<~ . .(-~~ ",; "'", '" -%'0 \., Ol~ 0 \ 'b (l\ /\ ',' 1'<:f,'-" ' . q '% ;.'L.. -0 '? ~ 'b A i"'~,& .,:, ~ (<\ 1",L \ ~ , :-.I~~0'{\~-{ ~ ~ ~ Q'1~ ~~O C 'il,c, <;>~c,'" C'.,F~ <(\)'00 ,C). y '{\,Q'" '000'" 'i:,'o <;>\J'~ LOT 6 'S \ \ \ \ \ \\ \ \ ~\ \ '.;, \ \ '0 ,A '.::. rlCT , /\\-'!!i:;"'\-\~i\: Ak...:~j:"~,\,,~, '~"'/"ffii~.D."" " / i' /,//[1--\ ~,-\\\\'--':.-~:~\