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HomeMy WebLinkAbout1984 02 14 Regular -- e . " __-,,::~.:x:],,::x>~ _~ ~\NTE,q " /t."'uci ~~ ~.'" ~ . " , ' ), '.'l..'~ +-, . .. ,,;; t~ ~ " .';"' '1'..~~1 ~'-:T~ ZS:_::5:.:S----"-y CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (305) 327-1800 February 16, 1984 Mr. John H. VanEepoel 231 Trade Winds Road Winter Springs, Florida 32708 Dear Mr. VanEepoel: On behalf of the Mayor and City Commission of Winter Springs, I thank you for your letter of January 7, 1984. We requested our City Attorneys to review the matter. Their opinion is that our practice has been proper regarding lot splits. How- ever, the City Attorneys did agree with your concerns regarding the use of lot splitting for land speculation purposes. To avoid this problem, the City Commission has directed Staff to monitor all lot splitting so as to avoid this problem. If at any time you believe this is occurring, please immediately contact me. We thank you for your interest and concern in the City. RR/mn City Manager r . 'ECltRY[~ 4;~ !JA N 9 1984 The Ranchlands Winter Springs, e OTY of WINTER SPRiNGS OTY HAll To: City Council and Mayor Winter Springs, Florida January 7, 1984 Dear Council and Mayor: There have been requests from landowners in The Ranchlands asking you to approve property splits not written into the city codes, and there will undoubtedly be more. Thank you for being careful and conscientious regarding these requests. It took about a year of research and work to write the current zoning covering The Ranchlands. Most of the parcels of land at that time were from two to five acres and the zoning was written so that an original owner could split his property one time if he wished, live on part of it, and sell off the other part. When the zoning was installed, there were only a few parcels of only one acre, so the code mentioned a minimum lot of one acre in order not to conflict with these few lots that consisted on one acre. e There is a possibility of a new land owner deciding to try to use the one acre minimum as a tool to request permission to split a large land unit into one acre units solely to make money off land speculation rather than using the land primarily as a homestead and sell- ing off the remainder as another homestead. This would defeat the intent of our zoning entirely and hurt nearby homesteads who bought believing they were protected by this code. Also, and this is posed as a question, is there not still a state statute that says that a parcel of land, five acres and less, that is divided into lots for sale, must consist of improved lots? If so,then lot dividing along these lines should conform to this. City ordinances can be waived, but not state ordinances. We would appreciate your careful investigation into the points in this letter. Thank you for your consider- ation. e W~ll Mr. & Mrs. W. E. Hiatt, Jr. ~. ~ 5?~.dY. ~.~, c;iJc. 10 Panama Road (! Win~er$pr},ngs, Fla. _ i~/.';(. ~/ . . t.:. --L- MrVfo~/H. ~ar;- E~~ - 231 Tradewinds Road Winter Springs, Fla. ,----- .. ~J.., ~ r. '''1' LOWNDES, OROSDICK, DOSTER & KANTOR PROFESSIONAL ASSOCIATION e ATTORNEYS AT LAW February 14, 1984 WILLIAM A. BECKETT DALE A. BURKET SHEILA GUPTA DECICCIO SHERRt K. DI:WITT STEPHEN D. DUNEGAN THOMAS E. FRANCIS AARON J. GOROVITZ N. DWAYNE GRAY. ..JR. GARY M. KALEITA DAVID E. PETERSON SHAWN G. RADER JULIAN E. WHITEHURST JON C. YERGLER WI LLlAM E. DOSTER ERNEST R. OROSOICK (1"3e -1982) RICHARD J. FILDES ROBERT F. HIGGINS LORAN A. JOHNSON HAL H. KANTOR ,JOHN F, LOWNDES TIMOTHY J. ""ANOq NICHOLAS A. POPE MICHAEL RYAN CLEATOUS J. SIMMONS JAMES M. SPOONHOUR 21~ NORTH EOLA DRIVE POST OFFICE BOX ZeOQ ORLANDO, FLORIDA 32802 TELEPHONE (30!!l) 8043..eOO City Connnission City of Winter Springs City Hall 400 North Edgemon Avenue Winter Springs, Florida 32708 Re: Proposal for Settlement of Suit by Nicholas A. Pope, as Trustee, vs. City of Winter Springs City Connnission (Case No. 82-12AP) e Ladies and Gentlemen: As you know, the referenced litigation has been in progress for a considerable amount of time. In order to avoid further delay and expense, both for you and for us, we believe it is in our mutual interest to settle the matter on a mutually satisfactory basis. Accordingly, we would propose a settlement of the matter on the basis that we be granted a special exception for a gas station/convenience store on the property. The special exception would be valid for a period of two years from the date of settlement and would become permanent at such time within said two-year period that construction of a gas station/convenience store is connnenced on the property. The special exception and the continuing validity thereof would be conditioned upon the following covenants on the part of the landowner, to wit: 1. The landowner would make a prorata contribution to the paving of that portion of Moss Road lying south of the northerly line of the subject property and north of the right-of-way for State Road 434. 2. The landowner will contribute 25 percent of the cost of signalization of the intersection of Moss Road and State Road 434 at such time as the City's e ,. City Commission City of Winter Springs February 14, 1984 Page 2 e traffic engineer deems such signalization to be warranted, based upon nationally recognized traffic signal warrants. 3. The gas station/convenience store would be entitled to only one curb cut on Moss Road and only one on State Route 434. It 4. The gas station would cater primarily to private passenger vehicles and trucks containing no more than three axles. It is intended that the gas station would not, except on a very occasional and isolated basis, cater to commercial trucking vehicles having more than three axles (i.e., sixteen- and eighteen-wheeled vehicles). The northerly boundary of the subject property (which is adjacent to a multi-family residential site) would be heavily landscaped with a view toward screening/buffering the residential acti- vity from the commercial activity on the site. The rest of the site would receive extensive landscape treatment with a view towards creating an aesthetically pleasing project. 5. 6. The gas station to be constructed on the site would contain no more than twenty-four pumps, twelve on each side of the central portion of the facility. 7. Hours of service would be limited to 6:00 A.M. to 12:00 midnight each day. 8. Water and air would be supplied at no charge to customers of the gas station. 9. No video or similar games would be permitted on the subject property. All of the foregoing conditions would be applicable to the grant of the special exception and the special exception would only be applicable to the easterly 200 feet of the e e e e . ~ ~City Commission City of Winter Springs February 14, 1984 Page 3 property fronting on State Road 434 that is presently owned by the Trust. We would be happy to answer any questions you might have about this proposal. Yours very truly, ;;::t:f:{(-a~e ~ NAP/me c: Robert F. Higgins, Esquire Frank C. Kruppenbacher, Esquire All Beneficiaries under Trust Agreement dated January 29, 1982.