HomeMy WebLinkAbout1988 04 25 Regular
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327-1800
April 25, 1988
TO: Ci ty Manager
SUBJECT: Rezoning of 289-Acre Property between No Name Creek and Oak Forest
This 289 acres proposed for rezoning to single-family homes represents a large
portion of the undeveloped central area of the Ci ty . While the western sector
of Winter Springs has been ~ing continually with growth in the Highlands,
Mt. Greenwood, and the various Ranchlands subdivisions, on the eastern side of
tam Tuscawilla has been building at an even faster rate. Although their
growth has been simultaneous, it has, however, been independent, and the Ci ty
has remained essentially two separate areas under one name.
The infill of our undeveloped central area is an opportunity to unify the City
both physically, socially, and economically.
Design of a residential sub:iivision in this last large parcel south of S.R. 434
can incorporate collector roads to link east and west by routes other than the
single cormection S.R. 434 now represents. Several links are possible to
currently dead-end roads. Further, the feasibility exists of a north-south
collector joining S.R. 434 with the Semi nola-Lake Drive corridor due to be
widened to four-lanes by the County.
Careful configuration of such a collector road system can improve traffic
circulation not only within the City but also through and out of Winter Springs
by providing escape valves to relieve congestion on S.R. 434 and Tuscawilla
Road. It is wi thin the technical capabilities of traffic forecasting and
street layout design to produce a road system that will accomplish traffic
circulation improvement without adversely affecting existing neighborhoods.
The benefit in more direct access for emergency vehicles cannot be
overemphasized.
As long as the developnent of the proposed 289-acre single family sul:rlivision
is analyzed in context of the larger area surrounding it, it can becone an
advantage to the City.
The particular type of residential area proposed can be a sociologically
beneficial factor for the City since the R-1A zoning mirrors the sub:iivisions
to the east and west. The resul tant homogeneity of similar homes stretching
fron Hayes Road to Tuscawilla Road can be a unifying element between citizens
of the now disparate sectors that comprise a population of 20,000.
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327-1800
March 3, 1988
Dear Property ON1er:
This is to infonn you that the Board of Adjustment meeting scheduled for
7:00 P.M. on Thursday, March 10, 1988, has been cancelled. This meeting was to
address an application by Mr. Robert C. Bixler for a variance to Section
44.81.1 (a) and (b) of the City Code.
Instead, HI'. Bixler has made application to rezone the property (Lot 14,
Block 8, North Orlando Townsite, 4th Addition, located at 2 Sherry Avenue) from
R-l One-Family Dwelli~ District to C-l Neighborhood Ccmnercial District. The
Land Use for this property is C-1.
The Plaming and Zoning Board will hear this request on Wednesday,
March 9, 1988, at 7:30 P.M. at City Hall, 1126 Fast State Road 434, Winter
Springs, Florida.
Sincerely,
\;)~~Q\c.~ _.
Donald R. LeBlanc
Land Developnent Coordinator
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SURROUNDING PROPERTY OWNERS - BIXLER
Ida M. Spaulding
407 Longwood-Oviedo Road
Winter Springs, FL 32708
Leslie B. Lee
1510 Arden Street
Longwood, FL 32750
Allen S. & D. Irene Cummings
1602 Cougar Court
Winter Springs, FL 32708
Richard J. & Theresa N. Constantine
153 Variety Tree Circle
Altamonte Springs, FL 32707
Robert B. Crockett, Jr.
P.O. Box 460
Winter Park, FL 32790
Mary-Anne S. Brock, Guardian
2844 Scarlet Road
Winter Park, FL 32792
Hemil & Robin D. Giraldo
402 David Street
Winter Springs, FL 32708
Louise M. McOwen
1761 Barton Street
Longwood, FL 32750
Ronald D. Nutt
Box 696
Longwood, FL 32750
Allegre Case
ATTN: A.J. Vivas, Jr.
1441 Laamia Street
Honolulu, HI 96821
Jose L. Tavor & Margarita R. Osorio
21 Morton Lane
Winter Springs, FL 32708
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CITY OF WINTER SPRINGS, FLORIDA
1 126 STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Jose L. Tavor & Margarita R. Osorio
21 Morton Lane
Winter Springs, Florida 32708
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs. FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
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Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS. FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Allegre Case
ATTN: A.J. Vivas, Jr.
1441 Laamia Street
Honolulu. Hawaii 96821
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~;: l2Ak
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327-1800
March 18, 1988
Ronald D. Nutt
Box 696
Longwood, Florida 32750
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-I to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs. FL 32708 on April 25. 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need. please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~;: J2d;:"
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Louise M. MeOwen
1761 Barton Street
Longwood, Florida 32750
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~;: JMt:"
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327-1800
March 18, 1988
Hemil & Robin D. Giraldo
402 David Street
Winter Springs, Florida 32708
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~;: JMt:
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Mary Anne S. Brock, Guardian
2844 Scarlet Road
Winter Park, Florida 32792
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~~JMk
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327-1800
March 18, 1988
Mr. Robert B. Crockett, Jr.
P.O. Box 460
Winter Park, Florida 32708
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~;:~
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS. FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Richard J. & Theresa N. Constantine
153 Variety Tree Circle
Altamonte Springs, Florida 32707
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~;: JMt;;-
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Allen S. & D. Irene Cummings
1602 Cougar Court
Winter Springs, Florida 32708
Dear Property Owner:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~;: J2d:
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Ms. Leslie B. Lee
1510 Arden Street
Longwood, Florida 32750
Dear Ms. Lee:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
~ 7' JMI;;:
Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
March 18, 1988
Ida M. Spaulding
407 Longwood-Oviedo Road
Winter Springs. FL 32708
Dear Ms. Spaulding:
This letter is to advise you that the City Commission of the City
of Winter Springs, Florida, will hold a public hearing on Ordinance
No. 415, rezoning Lot 14, Block 8, North Orlando Townsite 4th Addn.
from R-l to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need, please call this office.
Yours very truly,
CITY OF WINTER SPRINGS
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Mary T. Norton,
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327-1800
March 18. 1988
Mr. and Mrs. Robert Bixler
2 Sherry Avenue
Winter Springs. FL 32708
Dear Mr. and Mrs. Bixler:
This letter is to advise you that the City Commission of the City
of Winter Springs. Florida. will hold a public hearing on Ordinance
No. 415. rezoning Lot 14. Block 8, North Orlando Townsite 4th Addn.
from R-1 to C-l.
The public hearing will be held at the City Hall, 1126 East S.R. 434,
Winter Springs, FL 32708 on April 25, 1988 at 7:30 p.m. or as soon
thereafter as possible.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
If there is any further information you may need. please call this
office.
Yours very truly,
CITY OF WINTER SPRINGS
~/.~
Mary T. Norton,
City Clerk
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NOT ICE
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CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327-1800
NOT ICE
NOT ICE
M E E TIN G
THERE WILL BE A MEETING OF THE TUSCAWILLA HOMEOWNERS
ASSOCIATION ON MAY 5, 1988 AT 8:00 P.M. AT THE KEETH
ELEMENTARY SCHOOL ON TUSCAWILLA ROAD. CITY OFFICIALS
HAVE BEEN INVITED TO ATTEND. THE MAYOR OF THE CITY OF
WINTER SPRINGS WILL BE THERE, THE CITY MANAGER, THE CITY
ATTORNEY, AND ONE OR MORE OF THE CITY COMMISSIONERS WILL
MOST LIKELY ATTEND.
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April 22, 1988
TO:
City Manager ~
Land Development coordinatoW
FRav! :
HE:
Agenda Item C, Commission Meeting April 25, 1988
This is a request of Robert a~ Rosemary Dodenhoff to vacate 7 1/2' of a 15'
public utility easement located on the rear of Lot 21, Walden Terrace
SUbdivision (535 Willow Way).
Letters of "No Objection" from all utility companies are on file with this
office and filing fees have been received. The applicant will furnish the City
with a check in the amount of $31.00, for recording documents, if the
Resolution is approved.
/mh
cc: Mayor
Conunission
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April 22, 1988
TO:
Ci ty Manager ~
Land Development Coordinato~
FROM:
HE:
Agenda Item D, Commission Meeting April 25, 1988
The City Engineer found that the paving and drainage for Highland Village I to
be satisfactory. A Maintenance Letter of Credit in the amount of $4,000.00,
expiring May 15, 1990, has been given to the City.
Imh
cc: Mayor
Conunission
."
CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327.1800
April 20, 1988
Mr. Albert L. Land, P. E.
Land Engineering Company
848 East Lake Street (S.R. 427)
Longwood, FL 32150
RE: Highlands Village - Unit 1 M:ldification
Dear AI:
Upon further field review and review of additional soils and road studies,
the engineering for the above mentioned project was found to be satisfactory.
e
If you have any questions, please contact this office.
PH/mh
cc: Ci ty Manager
Land Developnent Coordinator
Building Department
e
The Orlando Sentinel
.
Publiahecl Daily
AltamoDte Springs, Seminole County, Florida
.itate of 1flori~m} SS.
.JNTY OF ORANGE
Before the undersigned authority personally appeared
Catherine Deering
who on oath says that
she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
Notice of Public Hearing
vertisement, being a in the matter of
Ordinance No. 415
in the
Court,
was published in said newspaper in the issues of
April 3, 1988
Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte
Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin-
uously published in said Seminole County, Florida, each Week Day and has been entered as
second-class mail matter at the post office in Altamonte Springs, in said Seminole County,
Florida for a period of one year next preceding the first publication of the attached copy of ad-
vertisement; and affiant further says that he/she has neither paid nor promised any person,
firm or corporation any dis t, rebate, commission or refund for the purpose of securing this
advertisement for pub' tion in t 'd newspaper.
Sworn to and subscribed before me this
April 88
of A..D., 19
~TARY PUBlIC, '''to an, · "I ~ 'n jJ.,
~Comml"'o~,Exp'" .... 25. 1991 ~ . -Q~Pub5'
~e.r AW~~~li. ~'$.l.J~\\~ ~"'\ 9Rt
ADVERTISING CHARGE
$34.72
day
NOTICE OF PUBUC HEARING
CITY OF WINTER SPRINGS, FLORIDA
NOTICE IS HEREBY GIVEN by the City
Commission of the City of Winter
Springs, Florida, that said Commission
will hold a Public Hearing on an ordi-
nance entitled as follows:
ORDINANCE NO. 415
AN ORDINANCE OF THE CITY OF
WINTER SPRINGS, FLORIDA, RE-
ZONING LOT 14, IN BLOCK 8 OF
NORTH ORLANDO TOWNSITE,
FOURTH ADDITION, P. B. 13,
PAGE 58, PUBUC RECORDS OF
SEMINOLE COUNTY, FLORIDA,
FROM THE PRESENT ZONING
CATEGORY OF R-l TO C-l PUR-
SUANT TO CHAPTER 166.041 OF
THE FLORIDA STATUTES; PRO-
VIDING FOR THE AMENDMENT
OF THE OFFICIAL ZONING MAP;
i SEVERABILITY; CONFLICTS AND
EFFECTIVE DATE.
This Public Hearing will be held al 7:30
p.m. on April 25, 1988, or as soon ther-
eafter as possible in the Commission
Chamber, City Hall, 1126 East S.A. 434,
Wimer Springs, A. 32708.
Copies of lhe proposed ordinance are
available in the office of the City Clerk
lor inspection. Interested parties may
appear at this hearing and be heard
with respect to this proposed ordinance.
Persons are advised thal if they decide
to appeal any decision made at this
meeting, they will need a record of the
proceedings and for such purpose, they
may need to ensure lha1 a verbatim re-
cord of the proceedings is made which
record includes the testimony and evi-
dence upon which the appeal is to be
based per Section 286.0105 Florida
Sta1utes.
Dated this 2200 day of March, 1988.
CITY OF WINTER SPRINGS.
FLORIDA
IstMary T. Norton
Mary T. Norton, i
City Clerk
LS-851 (68) Apr.3,1988 ,
FORM NO. AD-264
__ WHEREAS, Florida Land desires to develop the Subject Prop-
erty under existing zoning as well as under certain proposed zon-
ing changes, including some R-3 zoning or such other zoning as
may be necessary to obtain the development of approximately 400
units on the approximate 405 acre site; and
WHEREAS, the City is willing to consider the proposed zoning
changes and Florida Land will follow the normal processes out-
lined in the City Code to have said zoning changes considered;
and
WHEREAS, Flor ida Land agrees that the request for zoning
change will contain certain provisions previously requested by
the City relating to roads, sidewalks, and sewers as outlined
herein; and
4t WHEREAS, in order to accomplish the goals and objectives of
Florida Land and City as outlined herein, Florida Land agrees to
dismiss the suit and to consent to the revocation of Ordinance
No. 210 by the City, which would relieve the City of the obliga-
tion to hold a referendum election on said ordinance; and
WHEREAS, Florida Land and the City agree to settle and dis-
charge all claims that the City may have against Florida Land for
attorneys' fees and court costs arising out of the Suit.
NOW THEREFORE, IN CONSIDERATION of the foregoing and the
matters stated herein, it is hereby agreed by and between Florida
Land Company and the City as follows:
1. Florida Land Company or its designated agent shall
apply for R-3 zoning or such other zoning necessary to provide a
4t density of approximately four hundred (400) housing units on ap-
proximately four hundred five (405) acres. Such zoning to pro-
vide, in part, as follows:
(a) Any R-3 zoning shall be located on approximately
forty (40) acres of the northern area of the designated property;
access to parcels with this zoning shall only be over roads con-
nected to the presently constructed road linking State Road 419
~ directly with the designated property.
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It (b) The density of the housing units to be constructed
on the gross acreage of the Subject Property will meet the re-
quirements of the comprehensive growth plan;
(c) Approximately one hundred (100) acres of the Sub-
ject Property shall be devoted to conservation purposes and ap-
proximately forty (40) acres of the Subject Property will be
devoted to effluent discharge (it is understood that these ap-
proximate figures for conservation and effluent discharge usage
may be adjusted as necessary to be acceptable to both Florida
Land and the City).
(d) Roads within the Subject Property to be developed
will be paved;
(e) Gutters and curbs will be constructed where re-
~ quired by the City;
(f) Underdrains will be constructed where appropriate
based upon soil survey conditions;
(g) Florida Land will grant an easement on the Subject
Property to allow Shore Road to be widened to twice its present
size;
e
(h) Florida Land will dedicate a right-of-way to ex-
tend Bahama Road eastward to the boundary of Oak Forest, but
Bahama Road shall not interconnect with any parcel rezoned to R-
3; the parties recognize that the property which is contemplated
to be included wi thin the dedicated road right-of-way is pre-
sently subject to a Lease/Purchase Agreement between Florida Land
and the City, and said Lease/Purchase Agreement shall remain in
effect and unchanged. The City agrees to accept the right-of-way
dedication subject to verification of the impact of such dedica-
tion on the Lease/Purchase rights of the City, and further with
the understanding that in making this dedication Plor ida Land
will not be subject to any monetary liabili ty because of the
existing Lease/Purchase Agreement or obligation to act in contra-
vention of the Lease/Purchase Agreement. The Ci ty and Flor ida
Land agree to modify the dedication should said dedication inter-
e
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fere with the City's rights under the Lease/PurChase Agreement,
or if Florida Land should in any way be subjected to any claim by
the City or any third party because of any conflict arising
between the dedication and the Lease/PurChase Agreement;
(i) Either sewers or septic tanks will be installed
for use in the housing units to be constructed on the Subject
Property depending upon which is more suitable for each housing
unit, as determined solely by Florida Land.
(j) Florida Land will dedicate approximately twenty
(20) acres of the Subject Property, or such amount as may be
required by the Ci ty Code, for recreation purposes. While the
exact location will be determined by Florida Land, the portion to
be dedicated will be in the vicinity of the area bounded by Alton
Road to the North and No Name Creek to the West. The portion so
dedicated shall be suitable for recreation purposes. It is
agreed that this commitment by Florida Land to dedicate a portion
of the Subject Property for recreation purposes shall act to
supercede and discharge Florida Land from any prior commitment to
furnish land for recreational uses in any development it may do
wi thin the boundar ies of the Ci ty, including particularly any
recreational or park area within the Foxmor IV Subdivision.
2. Florida Land acknowledges and understands that any
development of the subject property must comply with the provi-
sions of the City of Winter Springs, Florida, Code of Ordinances,
("Code").
3. The City cannot contract for zoning; however, the gen-
eral terms and conditions as outlined herein are considered ben-
eficial for the development of the City but will have to be re-
viewed and approved as provided for in the City Code.
4. FIe:: ida Land agrees that the sui t will be dismissed
wi th prejudice when all matters and procedures connected with
finally and irrevocably obtaining the zoning changes descr ibed
herein have been accompl ished and all per iods for appeal and
filing objections to any proposed zoning ordinance thereto have
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expired. To that end, Florida Land and the City will execute a
Joint Dismissal with Prejudice of the Suit and a Consent to re-
pealing Ordinance No. 210 which documents shall be held in escrow
by the attorney for the City until all conditions precedent as
set forth herein have been accomplished. Further, as a part of
the settlement of the Suit, Florida Land and the City agree to
compromise all claims which have been made, or which might be
made, by the City against Flor ida Land, by reason of the Ci ty
being the prevailing party on certain counts in the Suit, for the
attorneys' fees and costs incurred by the City in the Suit, and
all attorneys' fees and costs incurred by the Ci ty in negotia-
tions with Florida Land leading to the execution of this Agree-
ment in consideration of Florida Land paying to the City the sum
of TWENTY THOUSAND ONE HUNDRED NINETY-THREE AND 31/100 DOLLARS
($20,193.38), and the City agreeing to accept said sum in full
satisfaction of all such claims. Florida Land will, simultane-
ously wi th the execution of this Agreement, deposi t wi th the
attorneys for the City the aforesaid monies, which monies shall
be placed into an interest bearing escrow account. The aforesaid
Joint Dismissal with Prejudice, Consent and the aforesaid monies
shall be held in escrow by the attorneys for the City for such
per iod of time as is necessary for the following to be accom-
plished and completed:
(a) All procedures and proceedings involved in the en-
actment or rejection of zoning classifications requested by
Florida Land for the Subject Property to facilitate the develop-
ment of approximately 400 housing units have occurred and appeals
periods have been exhausted and within a reasonable time for
zoning approval consistent with the comprehensive growth plan;
(b) In the event that the R-3 zoning or such other
zoning as may be necessary is not approved wi thin a reasonable
time for zoning approval consistent with the comprehensive growth
plan, the obligations of all parties are relieved without preju-
dice to the City to pursue its claims including costs and attor-
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neys' fees and without prejudice to Florida Land to seek a refer-
endum vote on Ordinance No. 210;
(c) All lawsuits filed by any residents or third per-
sons objecting to the R-3 zoning have been concluded and all
appeal periods for such suits have expired;
(d) In the event of an appeal this Agreement shall be
extended until all rights of appeal so exercised have been ex-
hausted.
When all of the conditions outlined above have occurred,
Florida Land shall give written permission to the attorneys for
the City to file the Joint Notice of Dismissal with Prejudice and
to release to the City the aforesaid settlement funds, plus all
interest accumulated thereon, as well as the Consent. In no
event shall the attorneys for the City be free to release said
settlement funds until written authorization has been received
from Florida Land or its attorneys. The City and Florida Land
agrees to abate the Suit until all matters necessary to dismiss-
ing the Suit have been accomplished or the zoning requested has
been denied.
5. Flor ida Land agrees to forthwith commence to prepare
the Request for Zoning change for the Subject Property for sub-
mission to the Ci ty for consideration. Further, Flor ida Land
agrees to diligently go forward with the procedures necessary to
obtain approval for such zoning change.
6. The City agrees to diligently work with the representa-
tives of Florida Land in an effort to develop zoning which will
be acceptable to Flor ida Land and in the best interest of the
City, and shall direct its employees and agents to use their best
efforts to that end. The City shall advance the consideration of
the zoning changes on the agenda of any Board Meeting or Ci ty
Council Meeting called to consider said proposal.
7. This Agreement shall inure to the benefit of all suc-
cessors in interest in and to Flor ida Land, the Ci ty, and the
Subject Property.
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8. This Agreement shall be effective when executed by
authorized representatives of Florida Land Company and the City.
ATTESTED BY:
TER SPRINGS
/;;z 4:~/ ;r. ~
, .
J~
Mayor
~~r~
L2
Hartman
Date of Execution:
FLORIDA ~O COMPANY
//
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By oc-'..:.:::" . ~ ./g/
. - ~ . ~.n_ ,,~
President
[CORPORATE SEAL]
5086JCH-lE
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. . Beginriing at a point 'S00053' 23" E 50.00 from the Southeast
corner of Lot 1, Block 12, 'of North Orlando Ranches Sec~ion 10)' as recorded
in Plat Boo!< 13, Pages 32 and 33, of the Public Records of Seminole County,
Florida; run along the southerly and easterly boundary of said North Orlando .
Ranches Section 10 to the southeast corner: of North Orlando Ranches Section 9, .
as recorded in Plat Book 13, Pages 11 and 12, of the Public Records of S~~inole
County, Florida; thence run N 10009'5&' W 734.02 feet to a point On the proposed
southerly right of way line of Alton Road; thence run along the proposed southerly
and easterly right of way lines of said Alton Road through the following courses
and distances; thence from a tangent bearing ofS 89044' 23" E run easterly along
the arc of a curve concave southerly having a radius of 236.62 feet, a distance of
83.52 feet through a central angle of 20013'29" to the point of reverse curvature
of a gurve concave. northerly having a radius of 316.62 feet and a central angle
of 20 29' 29"; thence run easterly along the arc of said curve 113.24 feet to the
point of tangency; thence N .89059'37" E 343.89 feet; thence N 00000 123" t-1 601.01
feet to the point of curvature of a curve concave westerly having a radius of
440.00 feet and a central angle of 40004'17"; thence run; northerly a long the arc"
..of said curve 307.73 feet to the point of tangency; thence run N 4000:4'4011 tl 249.11
feet to a point of intersection lv.lth the north line of an 110.00faot wide Florida
PO.-ler and Light Co:npany easement; thence run N 89059'37" E along said north line
and an easterly projection thereof and the northerly line of lots 34, 33, 32, 31, 30,
29 and 28, Block "0", D. R. Nitchell's survey of the Levy Grant on Lake Jessup,
.as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
o
Florida, to the northeast corner of said Lot 28; thence run S 01 05'121/ E along
the east line of Lots 28, 39, 62 and 75, Block tlD, of said D.R.Mitchell's survey
of the Levy Grant On Lake Jessup, and a Southerly projeceion of said eas~ line
4634.91 feet to At point on the southerly line of Lot 73 of said Block "0"; said
point also bejng On the northerly line of Gardena Farms as recorded in Plat Book 6,
Pages 23' and 24 of the Public Records of Seminole County, Florida; thence run
N 78042' 57" W along said line to the northt.est corner of said Gardena Farms;
thence run southerly along the westerly line of said Gard~na Farms to a point
on the south boundary of the lands Otffled by Florida Land ~ompany; said point lying
I. .
easterly fro~ a point 20.93 ft. south of the northeast cqrner of North Orlando
Ranches Section 1, as recorded in Plat Book 12, Page 3, Public Records of
Seminole County, Florida, as measur~d along the east lin~ of said plat; thence
run westerly 345~ feet to the aforementioned east line of said plat; thence
r~ northerly along said east line 20.93 feet to the afor~~entioned northeast
corner of North Orlando Ranches Section 1; said corner also being the southeast
corner of North Orlando Ranche;s Sect.ion 5 as recorded i~ Plat Book 12.' Page.s 58
and 59 of the Public Records of Seminole County, Florida; thence run northerly
along the easterly line of said plat to the point of beginning. _
Less the follo~.ing described .tract of land: " ~ .' .... '. -":.
.ginning at the northeast corner of Lot 28, Block "0",' D.R.Hitchell's surv~y
- the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5, of the
Public Records of Seminole County, Florida, run S 01005'12" E alono the east
' ~
.line of Lots 28, 39, 62 and 75" Block "D" of said Plat and a SOutherly projecti9n
thereof 4634.91 feet to a point On the southerly line of Lot 73, Block liD", . .
of s8id D.R.Nitchell's.survey of. the Levy Grant On Lake Jessug; thence run
N 78 42'057" H along sauJ c;ollth hne 1077.30 feetl thence N 1430'23" t-T 412..08
feetJ thence N 01000'23" H 665 fee!:; thence N :n 59'37" E 5aO.CO feet; t::lence
N 16 JO'23" "i-l 590.00 feet; thence N 01030123" tI 495.00 feet; thence N 09029'37"
" 0 .' 0
E 615.00 fest; thence N 08 00'23" W 495.00 feet; thence N 31 30'23" W 395.00 feet;
thence N 33 59'37" E 395.00 feet 'to a point On the westerly projection of the
north line of aforementioned Lot 28, Block "0"; tl1ence run N 89 59'37" E along
said line 1000 feet to the point of beginning. Containing30~ Acres... .
,"
.
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EXHIBIT "A"
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PERSONS WISHING TO SPEAK AT THE PUBLIC HEARING FOR ORD. NO. 415 ON APRIL 25, 1988
(BIXLER) PROPERTY:
PLEASE PRINT NAME AND ADDRESS
1.
2.
3.
4.
5.
7.
8.
9.
10.
11.
12.
13.
14.
16.
17.
SIGNATURE
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16.
17.
PERSONS WISHING TO SPEAK AT THE PUBLIC HEARING FOR ORD. FOR ORD. 417 ON APRIL
25, 1988, (ON THE 434 PARTNERSHIP PROJECT):
PLEASE PRINT NAME AND ADDRESS
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SIGNATURE
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SETTLEMENT AGREEMENT
THIS AGREEMENT made and entered into by and between FLORIDA
LAND COMPANY ( "Flor ida Land") and the CITY OF WINTER SPRINGS,
FLORIDA ("City"),
WHEREAS, Florida Land and the City are parties to Civil Ac-
tion No. aO-llOO-CA, in the Circuit Court of Seminole County,
Flor ida, Flor ida Land Company v. Jim Donavon Hartman, et al.,
(hereinafter "the Suit"), which Suit involves, in part, an objec-
tion by Florida Land to the procedures to be employed by the City
in preparing for a referendum election for the purpose of determ-
ining whether Ordinance No. 210 enacted by the City should be
revoked, which if revoked by the referendum election would change
the zoning classification of certain real property owned by
Flor ida Land wi thin the municipal boundar ies of the Ci ty, the
legal descr iption of which is attached hereto as Exhibit "A"
(hereinafter the "Subject Property"); and,
WHEREAS, Florida Land and the City agree that it is in their
mutual best interests as well as being in the best interests of
the residents of Winter Springs to resolve the Suit and the vari-
ous issues ar ising out of the sui t wi thou t the holding of the
referendum election to determine the zoning of the Subject Prop-
erty; and
WHEREAS, Florida Land desires to construct approximately
four hundred (400) housing units on the Subject Property and the
City is interested in allowing Florida Land to utilize their
property in a manner consistent with Florida Land's plans and
with the City's comprehensive growth plan; and
WHEREAS, Florida Land intends to develop the Subject Prop-
erty in such a way that would create non-uniform density of hous-
ing units throughout the Subject Property and which would allow
certain portions of the Subject Property to be dedicated to con-
servation purposes and effluent discharge; and
.