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WINTER SPRINGS
PLANNING AND ZONING BOARD
VILLAGE OF WINTER SPRINGS,FLA.
MAY 24 1988
This letter is to place the Village of Winter Springs Fla.
and the Planning and Zoning board on notice:
That under the SUPREME COURT decision dated 6 June 1978,the
Supreme Court overturned the 1961 Case that IMMUNIZED the
Cities and there Planing Staffs from Civil damage suits.
This decision by the U.S. Supreme Court makes the Cities and
thier Planning and Zoning Boards ^^ LIABLE ^^ for any and
all property valuation losses due to thier actions.
The citizens and tax payers of this section of Winter
Springs are fed up up with the improper zoning of this
section of town and shall hold the City and the Planning
Board LIABLE for any and all valuation losses and
sub-division deterioration that may occur from your
decisions.
e
.
The Author of this letter served the City of Winter Springs
for seven years as the Zoning Board Chairman and City Zoning
Commissioner.I wrote or compiled the materials to write the
Zoning ordinances for this city. So I think if you would
take time to study the papers presented to you tonite you
will find them correct.
The papers are a running chronology of the zoning changes in
Winter Springs since 1958.
The official zoning map was stolen or misplaced by the
special interest groups that was operating in The Village of
North Orlando in the early 1970's.
Without this Official Zoning map the interest group
changed the Zoning to satisfy thier own monetary needs.
The special interest leader was Mayor at this time,also
the realtor and land trustee for the block 26 ,27 on
platbook 12 page 24. So I think the board should see by this
that some investigation is in order.
If I can be of any assistance feel free to call me
anytime.
e
.
d~C:~
Charles E.Kelley
6 Algiers Ave.
Winter Springs,Fla. 32708
Ph: 327-1290
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':iinter 0r;'in::s, Ylcric:a J2707
SLTBJ:=crr:
Question of Proper Zoninc for Al;iers and
30mbay Avenue arca,North Orlando,First ad-
di tl on.l STh A() D J"iI ON,
Gentle-mer::
In conjunction with good zoning a~d city planning, a
good comprehensive land use plan must be used by the
Board of Adjustment and Planning Board with approval
by the City Council to follow the land use plan when
apprcvin; plats,variances to Zoning Ordinances.
~ub~l"r~~iol' re~lulatl'onc ~"cd plan~n-~ ~~~ ~n~~~. '-)7,~. J~d_-
... . U \-'-""-~ " ~ b ~C ..::>, bV' , . ""...... C..u. ~'_c.." 1-
j us-c:;v~n t mer710ers provide the community v-ti th 0:1<::; of it's
most effective methods for developing an appropriate
pattern of land use. The ability to reGulate the zon-
ing, plattin~ and development of previously undevelop-
od la~~ ~ives an opportune occasion to meaninGfully
zuide ana control it's development.
The subdivision of land is the initial s~ep i~ the
dGvGlopme~t of a well designed community, therefore,
it is of paramount importance for this cOQm~nity to
develop and use strong, comprehensive, creative zon-
in: and platting of land when approvinc any variance
to ~his city's zoning ordinances.
PROGR~SS, this is one word that all city officials and
citizens of Winter SprinGS mustthink about, just look
aro~nd you each day a~j vall can see a wonderful way of
life boin; destroyed by ~he improper use of the wo~d,
PROGR=SS. Progress in it's social implication means a
(~nf'r,'t(> .;r, ,... rc> t (I ",'" d01"'l'" +hc. "''--''~j- "",,_
.<- L.l - _.np_o\_men mu,oL.. un. ,,_ 1,.0 v.,~ "v... 1"
pravcmen:) in the well-being of human society. The un-
r.::gula ted:,rowth of a city cannot aSSU1"-::: r-r:ozr.? ss.
c:cn't.
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a:;e c..
6/iu/78
Cultural progress accomplishes little if the achieve-
ment of hard work,buyirg a home, keepinS u; the stan-
dards of their chosen neighborhood, if all this can b0
wip!:;d out by the impt~apcr zoning which tr.e hO'11co':mer:;
in this neighborhood have proven to be wro~~.
Much of an area's appearance, character, a~d quality
result from citizen's interest in their neighborhood
and local governme~t and quality resulting from the
land development practices utilized. The q~ality of
residental development ir. thh; city will have a Ion:
term effect upon the environment and the citizens of
Winter Springs present and future.
,
It is this reasen, gentlemen, that the voters of this
neigh~orhoQd want the proper zoning added to the zcnL":.:
map of Winter Springso
zcrrnrc
,
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June 7, 1978
Ci ty Council
Winter Springs, Florida
Subject: Zoning error in zoning map
The error in zoning, noticed when a building permit was issued
for a professional building on RIA Land at block 27, lot 11
and a request for a variance on block 27, lot 5 for building
an ice cream dispenser.
,
The Planning Board studied this problem with the size of
block 27, lots 1,3, 11 and the location next to Longwood-Qviedo
Road (State Road 434) whil~ working on the city's comprehensive
land use plan. The Planning Board recommended to Council that
the city purchase these lots for city parks. These small (!)
lots co~ld be used to beautify the entrance to the city.
In reference to the affidavit signed by Clifford D. Jordan
dated December 21, 1977:
The affidavit has many errors and should not be looked upon as
fact. The affidavit was written by a Realtor and Land Trustee
that stands to gain in monetary value by having this land zoned
Cl versus RIA.
The following list of zoning information must be followed in
the city Plat books in order to understand the zoning changes.
In Mr. Jordan's affidavit, paragraph three "lots A, E and one-
half of D, block 26" is the same land as block 26, lot 13, Plat
book 12, page 24.
,
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6/jiJ-/7H
Cultural progress accomplishes little if the achieve-
ment of hard work,buying a home, keeping up the stan-
dards of their chosen neighborhood, if all this can be
wiped out by the improper zoning which the homeowners
in this neighborhood have proven to be wrong.
Much of an area's appearance, character, and quality
result from citizen's interest in their neighborhood
and local government and quality resulting from the
land development practices utilized. The quality of
residental development in this city will have a long
term effect upon the environment and the citizens of
Winter Springs present and future.
I
It is this reason, gentlemen, that the voters of this
ncighborho(;d want the proper zoning added to the zoning
map of Winter Springso
Sincerely,
4~ft
CHA.RLES E.KELLE
RESEARCHER l'OR'
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TELEPHONE:
322-8133
VllLAG~ OF
NORT~ ORLANDO, FLORIDA
NOR'!'H ORLANDO, FWRInA
lll' Com: :j2707
3 Oct. 1969
Planning and Zoning Board
Village of North Orlando
North Orlando, Fla.
Ser.#Q03/31069
Village Council
Village Of North Orlando
North'Orlando, Fla.
Gentlemen;
In conjunction with good zoning, Subdivision
Regulations provides the community with one of it. most effective
methods for developing an:~appropriate Pattern of land uses.The
ability to regulate the development of previou.ly undeveloped
land,givea a opportune occasion'to meaningfully guide and contnel
its development.
the subdivision of land is the initial step in the
development of a community,therefore'it is of paramount importance
for this community,to develop and use strong, comprehensive and
creative subdivision regulations.
Much of an area's appearance,character,and quality
result from the land development practice. utilized. the quality
of residential development in the communit~e8 of central Florida
will have a long term effect upon the environment,and upon the
citizens of North Orlando present and future,It i. this reason
that the planning and Zoning Board has made the follow~ng corr-
ections to Subdividon Ord~49 and submitted for your approval.
The corrections or changes to this Ordnance should
be made before any Plat. are approved under this Ordnance.
The Plats submitted b~ Gulf American Co~p. are
sub-standard and not in the best interest)oftNorth Orlando
and it's citizens.
Corrections and or change sheet
page two, three and four.
CopY' to;
Ea.councilman (5)
Village Clerk
Gulf Am.r.corp~
press if requested.
attached
as
~
Chairman
Planning and Zoning Board
North Orlando, Fla.
I
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Zoning changes to North Orlando
First addition
Plat Book 12, page 24
Zoning and Plat recorded 7th October, 1958 effectingc
Algiers Avenue
Bombay Avenue
Cortez Avenue
Edgemon Avenue
On this Plat running north from Longwood-Oviedo Road (State
Road 4)4), approximately 175 feet was zoned Cl as stated in
Mr. Jordan's affidavit.
,
Cl Zoning at that time ran from Algiers Avenue east along
Longwood-Oviedo Road (State Road 4)4).
In November 1961 the land west of Bombay Avenue was replatted
with an RIA zoning by Horizon Homes, Inc. to build the model
homes of North Orlando: house numbers ), 4, 5, 6 Algiers Ave.
The land replatted November 14, 1961, Plat book 14, page 9
now listed as blocks 27, 29 with RIA zoning.
No evidence can be found changing Blocks 27, 29 and lots along
State Road 4)4 from RIA to Cl.
The residents of Algiers Avenue, 1st Court, Bombay Avenue
look up on this land as RIA zoning, as was presented to them
when they purchased their homes in this area. The residents
in this area represent over 60 votes.
,
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Summary
History of Land Zoning
,
1. North Orlando, First addition
Plat Book 12, page 24
Land effectingt
Algiers Avenue
Bombay Avenue
Cortez Avenue
Edgemon Avenue
Block 26, lot I), sec. 2 of 2 bounded by Longwood-Oviedo Road
(S.R. 4)4) to the south, by Bombay to the east, by the north
platted lots 12,14. Block 26, lot I) was platted as 175.69'
Cl zoning dated October 7th, 1958.
Block 26, lots A, B, C. D, E, Plat book 12, page 86.
The above listed land was zoned CIon October 7, 1958 Plat
book 12, page 2). This land was then replatted April 8, 1959
to become Block 26, lot I).
Block 26 lot was replatted November 14, 1961 by Horizon Homes, Inc.
Plat book 14, page 9.
Block 26 number was dropped in replat and block 27. block 29
added to this RlA replatting.
Block 27, Block 29 bounded by Bombay to the east, Longwood-Oviedo
Road (S.R. 4)4) by the south was and still is zoned RIA by this
plat change.
Block 27, lots 1, 2, ), 5, 11, Plat book 14, page'9 shown on
zoning map as Cl is in error.
The residents of the Algiers, Bombay Avenue area demand the
Council to rectify this zoning error as soon as possible and
withdraw any Commercial building permits on this RIA land.
,
I
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Zoning changes:
North Orlando, First addition
Plat book 12, page 24
Zoning and plat recorded October 7th, 1958
Effecting:
,
Algiers Avenue
Bombay Avenue
Cortez Avenue
Edgemon Avenue
In reference to block 26, lot I), section 2 of 2 see, bounded
by Longwood-Oviedo Road to the south, by Algiers Avenue to the
west, by Bombay Avenue to the east, and platted lots 12 and 14
to the north. Block 1) was platted as 175.69' Cl zoning, dated
October 7, ,1958.
This plat was replatted October 12th, 1960. See page 14-9
The land listed in plat book 12, page 24, platted block 26 was
changed on Novemb~r 14, 1961 as recorded in plat book 14, page
9 now listed as block 27, with R1A zoning.
The zoning on land bounded by Longwood-Oviedo Road to the south,
by Bombay Avenue to the east, and Algiers Avenue to the west was
changed from Cl to RIA zoning by replat dated November 14, 1961.
Code Book page 964: Voluntary rezoning application - paragraph
8 and paragraph 6.
Procedures for Rezoning change affecting official zoning map.
In reference to Clifford D. Jordan's letter dated December 21,
1977:
~
Mr. Jordan states that to his knowledge the property listed in
his report was Cl and has never changed.
Mr. Jordan spent less than 1 year in the Zoning of North Orlando.
I spent seven years studying the zoning and writing zoning laws
for North Orlando which is now Winter Springs. I can prove by
the recorded plats on the land listed as block 26, lots A, B, C,
D, and E, plat book 12, page 86 that lots A, B, C, D, and E
above is the same land as listed in block 26, lot I), plat book
12, page 24.
The above listed land was zoned Cl on October 7, 1958 plat book
12, page 2). Block 26, lot 1) then was replatted April 8, 1959
to make 5 lots listed as Block 26, lots A, B, C, D, and E bounded
on the east by Bombay Avenue, on the westby Algiers, to the south
by Longwood-Oviedo Road (S.R. 4)4).
,
-5-
Block 26 was again replatted November 14, 1961 by plat in plat
book 14, page 9.
Block 26 was dropped and block 27 added along with block 29 to
the west of Algiers Avenue.
The zoning of blocks 27, 29 plat book 14, page 9 was replatted
as RIA.
To my knowledge after studying and writing North Orlando (Winter
Springs) zoning ordinances, I can find no reference to where
blocks 27, 29 plat 14, page 9 were changed back to Cl.
Block 27, lots ), 2, 1, 11, 5 now shown as CIon the zoning
map are in error. These lots should be shown as RIA zoning.
Lots 1, 11, 5 at 75 to 85 feet in depth are not large enough for
Cl zoning. With the set backs and side lot lines the building
would be approximately 15 feet in depth. State Road 4)4 is now
being widened to four lanes and a sidewalk will be added affect-
ing this land.
,
~~'7e
6 Algiers Ave.
Winter Springs, Fla.
,
,
CITIZENS OF WINTER SPRINGS
Subject: Question of Proper Zoning
For Block 27, Lots 1, 2, 3, 11; Block 29, Lot 5
This item has been placed on the Winter Springs Council Agenda date
IU~D, S- ;IttL, 1978, Time__z.:30 'pm +-
Please attend this meeting and support this move to have the proper zoning
added to the zoning map of Winter Springs.
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June 10, 1988
TO:
FROM:
RE:
City ManagertJ
LDC
Agenda .1 tem
You already have this package. Mr. Hall's secretary informed me that this trailer
would be used as an office space. I informed her that any use of the property
other than the trailer would have to be approved by the staff.
This temporary permit may be granted by the Commission under Section 44.75 of the
Code.
cc: Mayor
Commission
City Clerk
City Attorney
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1981-82-28
-
REGULAR MEET! NG
CITY COMMISSION
CITY OF WINTER SPRINGS
SEPTEMBER 28, 1982
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Deputy Mayor John Torcaso. The invocation was given by
Commissioner Martin Trencher. The pledge of allegiance to the flag was led by
Commissioner Buck Adkins.
Ro 11 Ca 11 :
Mayor Troy Piland, absent
Deputy Mayor John Torcaso, present
City Manager Richard Rozansky, present
City Attorney John Sunner, present
Convnissioners:
Jim Hartman, present
Buck Adkins, present
Martin Trencher, present
Maureen Boyd, present
Motion was made by Commissioner Hartman, seconded by Commissioner Trencher, to
approve the minutes of September 14, 1982. Discussion. Vote on the motion: Convnissioner
Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Convnissioner Hartman,
aye; motion carried.
Public Input:
Mr. Art Harris, 20 Sable Court, asked about information on a building permit card.
General Agenda:
Public Hearing on Ordinance No. 262, rezoning certain lands, etc. Planning & Zoning
Board Recommendation of 9/22/82:
Deputy Mayor John Torcaso recessed the Commission Meeting and convened the public
hearing on Ordinance No. 262 for the purpose of hearing discussion on the ordinance.
Mr. Cliff Jordan, Mr. Gary Hunt, Mr. Joseph Wheeler and Mr. Farwig, representatives
of owners, and owners of the properties spoke against the rezoning. In discussion of
the ordinance, it was suggested that a new zoning classification of R-3 be introduced.
Deputy Mayor Torcaso closed the public hearing and reconvened the Commission Meeting.
Motion was made by Commissioner Hartman that we turn down Ordinance No. 262 and come
up with another zoning classification of C-3 at another meeting. Seconded by
Commissioner Trencher for discussion. Discussion. Vote on the motion: Commissioner
Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins,
aye; motion carried.
Public Hearing on Land Use Element of Evaluation and Appraisal Report on Comprehensive
Plan. Planning and Zoning Board Recommendation of 9/22/82. Ado~tion of Or~. 267 ~
adopting the 1982 Evaluation and Appraisal Report on Compre~enslve Plan, etc.
Deputy Mayor Torcaso recessed the Commission Meeting and convened the public hearing
to discuss the proposed land use map. The City Planner explained that this is the
second of the two required public hearings by state statute prior to adoption of the
Land Use Map. The hearing is only on the Land Use Map. Commissioner Hartman reported
the County Commissioners were in agreement with our Comprehensive Development Plan.
Mr. Bill Jacobs spoke in discussion. Deputy Mayor Torcaso closed the public hearing
and reconvened the Commi ss i on Meeting. _------
Mot;~n ~as made by Co~;ssio~er Hartman 4~~~~rd;nance N~~~ Seconded by
Commlssloner Adkws. D1SCUSSlon. Vote on the motton-:-Convnis-slOnel" lloyd, aye;
Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion
carried. ~
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PLANNING AND ZONING BOARD MINUTES
May 25, 1988
The meeting was called to order at 7:30 P.M.
BOARD MEMBERS:
David Hopkins, Present
Gene Dorman, Chairman, Present
John Torcaso, Present
David McLeod, Present
Michael Saporito, Vice-Chairman, Absent
CITY OFFICIALS:
J. Koch, Dir. Adm./Cornp. Planning
D. LeBlanc, Land Dev. Coordinator
Approval of Minutes of April 27, 1988: _
Hopkins moved to amend the minutes of April 27, 1988. Ol:l amendment 3 on page 4'
that there was one nay vote and it was not stated the reason for the nay vote.
He stated that the reason should be stated for the nay vote, this might explain
any discrepancy in any reason for the nay vote. It was determined that the
minutes of April 27, 1988, would be researched and this item would be brought
up at the next meeting of the Board.
Request of Mr. Charles E. Rorell to Rezone Lot 9, Block 27, of North Orlanda
Eighth Addition, Plat Book 14, Page 9, Fran Present Zoning R-1A (One-Family
Dwelling District) to C-1 (Neighborhood COI1UIIercial), Located at 5 Algiers
Avenue:
LeBlanc gave his presentation. He stated that the property has the
classification commercial. He stated that Mr. Rowell is here for any
questions. He stated that the property to the south of this property has Land
Use cOl1UIlercial and the parcels on S. R. 434 and two on Bombay have C-l zoning.
Mr. Charles Rowell spoke for his request. He stated that he requests that his
property be rezoned to C-1 so it can be used as a professional office.
Dorman stated for the benefit of the residents present that this i tern is up
before this Board for rezoning and this is the only subject before this Board
on this i tern.
Alletia Peringelli stated that she is not an abutting property owner but she
has concern for this change as it is in the neighborhood where she resides.
William and Patricia Reid and Joseph and Rochelle Scheutzow spoke against the
request.
Peringelli stated, among other things, that this property is the only one in
the neighborhood that has a septic tank. She also gave the Board papers
wri tten by Charles Kelly, who was on the Planning Board back in 1978,
questioning the commercial designations.
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Plarming and Zoning Board Minutes
May 25, 1988
Page 2
Dorman asked at what time the Land Use was changed for this lot on Algiers.
Koch said the current Land Use Map was adopted in 1982. The City waits until
the landowners request rezoning in accordance with the Land Use Map.
She stated that each conversion of a home to a C-l use goes before the Site
Plan Review Board, and is reviewed as to the adequacy of the site for the
intended use, parking requirements, ingress/egress, and the adequacy of the
structure, and depending on the nature of the request there is a buffer
requirement.
Dorman stated that if this Board feels that there was a mistake made in
assigning the Land Use designation, this Board can review this and can
recanmend what Land Use is best for that area.
There was discussion on the request. The Board had concerns that this property
if rezoned to C-l WJuld have residences on each side of it.
.
Torcaso moved to recolIunend disapproval of this request for change of zoning to
C-1 due to the fact that changing the zoning would leave Lot 10 a residential
island between cOlIUnercial property. Seconded by Hopkins. There was discussion
o~~, =:. ~~I~~~i~1,~~,j"'if.~,,,,!.9~,...,!,Q,..~~-~~!~J..!~~,r rez~7
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~~~.~--:!L~~~~~,'~::,~.,.'"!~~l!2d.~,.~~".gg~.:i:g~".~.S~~~,_._yp..s,~.;,._ Torcaso: aye,
ecxr:aye; nopluns: aye; Dorman: aye; Saporito: absent. lVbtion carried.
He
LeBlanc ve his presentation.
this proper
to Single Fami
He stated that the land use designatio
New a-mers are asking for land use r
Tuscawilla PUD Amendment - Change Land Use ( 18 . 5 Acre Site N. E. Corner of
them Way and Greenbriar Boulevard) From Multi-Family to Single Family
Ken Steeves, Land PI for American Pioneer Bank, s~ the change. He
stated that the density WJ be around 3 units per , and probably will be
about 55 lots in the developmen They will be det Single Family lots.
Dorman stated that since this perty has been involv on many legal matters,
that this change should be considered as consistent 0 h the previously
approved Master Develo nt Pl~.
.
.
.
.
June 10, 1988
TO:
FROM:
RE:
City M~n
LDC
Agenda . tern D.2
This was approved by the P&Z Board on May 25, 1988. Commission action on this
item is not required.
cc: Mayor
Commission
City Clerk
City Attorney
.
.
.
June lOt 1988
TO:
FROM:
RE:
City ~. er
LDC~
Agenda Item E.2
This is a 3.8 acre project on Tuscawilla Road immediately north of the Episcopal
Church. The developer wishes to have 3 one acre plus lots. P&Z approved this
on June 8t 1988.
Please see City Attorney letter which is attached.
cc: Mayor
Commission
City Clerk
City Attorney
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RANDALL W. HA.NNA
LUCY H. HARRIS
ELISE F. JUDELLE
FRANK C. KRUPPENBACHER
STEPHEN J. KUBIK
THOMAS F. LANG
J. CHRISTIAN ME~~ERT
WILTON R. MILLER
W. ROBERT OLIVE
DALE S. RECINELLA
MICHAEL D. WILLIAMS
LAW OFFICES
BHYANT. MILum. OLIVE. I.ANG AND KIWPpgNBACIIEH
50 WEST LUCERNE CIRCLE 1328011
POST OFFICE BOX 3387 132802-33871
OHI.ANDO. FI.OIHDA
I}{WXCit"Rl~1X .
.
407/423-8611
NEW YORK OFFICE
100 WALL STREET
NEW YORK. NEW YORK 10005
12121 363-6036
June 8, 1988
TALLAHASSEE OFFICE
201 SOUTH MONROE STREET
SUITE 500
TALLAHASSEE. FLORIDA 32301
1904' 222-8611
O~ COUNSEL
C. FARRIS BRYANT
Donald LeBlanc
Land Development Coordinator
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Whittington Property
Dear Don:
This will confirm our conversations regarding the above-
referenced matter.
.
You told me the above-referenced property comprises 4
- 5 acres. It was annexed by the City and shows "PUD" zoning.
The City does not know how the property was zoned "PUD". The
City has been presented a plan to construct three (3) homes
on the property. The plan is totally compatible with the surrounding
area and is viewed with approval by the City staff. The staff
is now concerned that the persons seeking development of the
property may be required to comply with the requirements of
a large PUD application when same would be innappropriate.
Based upon our total analysis of the situation, and our discussions,
I feel the staff is correct and total compliance is not required.
If you should have any further questions regarding this
matter do not hesitate to call my office.
/kjp
~~~~llWl[W
'JtJ\l.1 C ""'90Q,
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Frank C. Krupp'
City Attorney
City of Winter Springs
--.........
.
CITY OF WINTER SPRINGS!
land Development Coordinat<JJIJ
..
.
NOTICE OF RESTRICTION ON REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Gregory P. Samano, Trustee, hereinafter called Developer,
is the owner of the land in the City of Winter Springs, County of
Seminole, State of Florida, more particularly described as follows:
All of the lot s in Tusca\'lilla Trail PUD, aka Parc els "A"
and "B", S-12, T-21, R-30, as recorded in PB 2 P 42 and
PB 20 P18, Public Records of Seminole County, Florida.
and
WHEREAS, Developer desire that all of the above described real
property be subject to like restrictions for the mutual benefit and
protection of itself and all persons, both real and corporate, who
hereafter may purchase or acquire said property or any part thereof, or
any interest in or lien upon said property or any part thereof.
. NOW, THEREFORE, in consideration of the premises, Developer does
hereby declare said real property to be subject to the following restric-
tions, reservations and conditions, binding upon said Developer and upon
each and every person, both real and corporate, who or which shall acquire
hereafter said real property or any part thereof, and their respective
heirs, personal representatives, successors and assigns, said restric-
tions, reservations and conditions being as follows:
1. No lot shall be used except for residential purposes. No
building shall be erected, altered, placed or permitted to remain on any
lot other than one detached single-family dwelling not to exceed two and
one-half stories in height, a private garage for at least two and not
more than four cars, boathouse not to exceed 15 feet in height above
water elevation.
2. No building or structure shall be erected, placed or altered on
any lot until the construction plans and specifications and a plan
showing the location of the building or structure have been approved by
the Architectural Control Committee as to quality of workmanship and
materials, harmony of external design with existing structures, and as
to location with respect to topography and finish grade elevation.
3. The Architectural Control Committee is composed of Gregory
Samano, Charles Malkus and Manuel Garcia, 961 Tuscawilla Trail, Winter
Springs, Florida 32708. A majority of the cornmittee may designate a
.representative to act for it. In the event of death or resignation of
any member of the committee, the remaining members shall have full
authority to designate a successor. Neither the members of the committee,
nor its designated representative shall be entitled to any compensation
for services performed pursuant to this covenant. At any time, the then
record owners of a majority of the lots shall have the power through a
duly recorded written instrument to change the membership of the committee
or to withdraw from the committee or restore to it any of its power and
duties.
4. The committee's approval or disapproval as required in these
. covenants shall be in writing. In the event the committee, or its
designated representative, fails to approve or disapprove \'lith 30 days
after plans and specifications have been submitted to it, or in any
event, if no suit to enjoin the construction has been commenced prior to
completion thereof, approval will not be required and the related
covenants shall be deemed to have been fUlly complied with.
.
5. The ground floor area, esclusive of open porches and garages,
shall be not less than 2000 square feet of living area for a one-story
dwelling, nor less than 800 square feet of living area on the ground
level for a two or two and one-half story dwelling, provided said d~lelling
has a minimum of 2000 square feet of living area over all.
6. No dwelling shall be constructed on a plot having an area of
less than 43,560 s~arefeet, and such plot shall be not less than 100 feet
in width at the building line. No dwelling shall be erected nearer than
50 feet to the front lot line, and 75 feet to the lakefront and nearer
than 15 feet from the rear lot line. No dwelling shall be erected nearer
than 20 feet to any interior lot line.
7. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any lot, except that dogs, cats or other household pets
may be kept provided that they are not kept, bred or maintained for
any commercial purpose.
8. No sign of any kind shall be displayed to the public view on any
lot except one professional sign of not more than one square foot, one
sign of not more than five square feet advertising the property for
sale or rent, or signs used by a builder to advertise the property
during the construction and sales period.
. 9. No lot shall be used or maintained as a dumping ground for
rubbish, trash or other waste. Alltrash, garbage and other waste shall
be kept in sanitary containers and, except during pick-up, if required
to be placed at the road, all containers shall be kept at the rear of
all dwellings out of sight from the road. There shall be no burning
of trash or any other waste materials.
10. No fence, wall or seawall over two feet in height shall be
erected, placed or altered on any lot nearer to the lake than the minimum
building set-back line (75 feet). Prior to construction of any fence,
wall or seawall, owner shall obtain approval of plans for fence, ~lall
or seawall from Architectural Committee.
11. All clotheslines shall be placed at the rear of and within the
area encompassed by a rearward extension of the sidelines of said
dewlling.
12. No inoperative cars, trucks, trailers, or other types of
vehicles shall be allowed to remain either on or adjacent to any lot for
a period in excess of forty-eight hours, provided however, this provision
shall not arply to any such vehicle being kept in an enclosed garage.
There shall be no major repair performed on any motor vehicle on or
adjacent to any lot in the subdivision. Recreational vehicles, such as
campers, boats on trailers and motor. homes, shall be kept out of view
of adjacent property owners.
.
13. The 3D-foot private ingress-egress easement and public utility
easement will be maintained equally bet~leen property owners of all lots
of Tuscawilla Unit 5 and Tuscawilla Trail PUD. Said easement is for the
private use of the lot owners and public utility company serving said
lots and may also be used by effiergency vehicles such as fire, police
and rescue units.
.
14. Where a building has been erected or the construction thereof
is substantially advanced and it is situated on any lot in such a manner
that same constitutes a violation or violations of any of the above
covenants, said Developer, its successors and/or assigns, shall have
the right at any tirr.e to release such lot or portions thereof from such
part of the provisions of any of said covenants as are violated, provided,
however, that said Developer, its successors and/or assigns, shall not
release a violation or violations of any of said covenants except as
to violations they, in their sole discretions, determine to be minor, and
the power to release any such lot or portions thereof from such a viola-
tion or violations shall be dependent on a determination by them that
such violation or violations are minor.
.
15. At any time the then owners of at least fifty-one (51%) percent
of the lots may change these covenants in whole or in part by executing
written instrument making said chanees and have the same duly recorded
in the Public Records of Seminole County, Florida. However, any such
amendment shall not apply to any lots owned by Developer unless
Developer has joined in said amendment. The above shall not apply,
however, as same pertains to set back lines from any front, interior,
side, rear, or side street lot line, and the said Developer, specifically
reserves unto itself and its successors and/or assings, the authority
to change saie set back lines at any time prior to the construction of
a residence dwelling, regardless of the number of lots owned by it in
said subdivision.
16. These covenants ar~ to run with the land and shall be binding
on all parties and all persons claiming under them for a period of
thirty years from the date these covenants are recorded, after which time
said covenants shall be automatically extended for successive periods
of ten years unless an instrument be signed by a majority of the then
owners of the lots has been recorded, agreeing to change said covenants
in whole or in part.
17. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any
.covenant either to restrain violation or to recover damages.
18. It is expressly understood and agreed that all costs, including
reasonable attorney's fees, incurred by any moving party in any legal
proceedings which result in the successful enforcement of any covenant
or restriction contained in this Notice shall be borne in full by the
defendant in such proceedings.
18. Invalidation of anyone of these covenants by judgment or
court order shall in no way affect any of the other provisions which
shall remain in full force and effect.
IN WITNE~S WHEREOF we have hereunto set our hands and seals this
the PIt- ~i:..- day of h~ ,1988.
By:
.
Notary Public, State of Florida at Large
My Commission Expires August 12, 1990
Bonded thru Hucl<leberry, Sibley &
Harvey Inl;!Jrance and Bonds, Inc.
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.
.
To- Winter Springs City Commission
From- Home Owners Tuscawilla Unit 5
The undersigned agree to the proposed use and rezoning
of the former Whittington property.
.
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Q ARCHITECTURAL
ALUMINUM
June 3, 1988
Mr. Dick Rozanski, City Manager
City of Winter Springs
1126 State Road 434
Winter Springs, FL 32708
CJIY of WINI ~II ",,-dINGS
ClTr MANAGER GIrT ~(.. (0IlIC.)
CjS'. ~~
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RE: Winter Springs Commerce Center
Shepard Road
Winter Springs, FL
Dear Dick:
Don LeBlanc called me today to rem!gd me that my permit to remove fill/clay
from the above site expires the 24 of this month.
I hereby request a years extension on a permit for the removal of approxi-
mately 15,000 cubic yards. We have removed approximately 1,200 cubic yards
this past year with almost half of that going to my plant addition present-
ly under way.
Incidentally Dick it took one year to gain permitting through the city and
the city engineer - most frustrating and nit picking! Now the county is
playing games, I.E. wanting to know why one of my drives does not line up
with the proposed entrance to my commerce center across the street, etc.
Dick, someday when you have the time I would like you to stop by so I can
show you first hand why I think I am not getting cooperation from various
officials.
I am paying an awful lot of taxes for many years, as a business and per-
sonally, to be jacked around this badly.
Thanks in advance for you help.
;;;;J;;~
Walt Dittmer, Jr.
WD:jd
P.S. Got a kick out of Marty Trencher's suggestion to form a "business panel"
to lure and attract new business.
1006 SHEPARD ROLJD
Vli1NTER SPRINGS, FLORIDLJ 32708-2018
407-699-1755
CITY OF WINTER SPRINGS, FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327.1800
June 24, 1987
Mr. Walt Dittmer, Jr.
President
Dittmer Architectural Aluminum
1006 Shepard Road
Winter Springs, FL 32708-2018
Re: Permit to remove excess clay/fill dirt
Winter Springs Commerce Center
Dear Mr. Dittmer:
In reference to your request for a permit to remove approximately 15,000
cubic yards of fill on the above listed project, Lots 4 through 9, the City
Commission granted permission at their Regular Meeting of June 22, 1987 as
follows:
.
Permission is hereby granted to remove excess clay subject to the following
conditions:
a. Time Limit For Permit: One year from the date of this
permit (June 24, 1987)
b. Material is to be removed (15,000 yards) and not relocated or
stockpiled on the site.
c. No excavation of the fill material beyond the grade elevations
allowed in the approved Site Plan for the Winter Springs Commerce
Center project.
d. When removing material from the back side of lots four through
nine, a gradual slope must be retained starting with the slope
crown to the west or back side of the lots and the slope toe
to some point to e east.
vJ
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June 10, 1988
TO:
FROM:
RE:
City Managerf}
LDC
Agenda .Item
You already have this package. Mr. Hall's secretary informed me that this trailer
would be used as an office space. I informed her that any use of the property
other than the trailer would have to be approved by the staff.
This temporary permit may be granted by the Commission under Section 44.75 of the
Code.
cc: Mayor
Commission
City Clerk
City Attorney
.
Jon M. Hall Co.
June 3, 1988
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
Re: 245 Sanford-Oviedo Road
Winter Springs, Florida
ATTENTION: Don LeBlanc
Gentlemen:
.
In response to Mr. LeBlanc's phone call of June 2, attached you
will find a copy of the Survey of the subject property locating
the Mobile Office. The structure is 45' X 12' and is located at
the rear southwesterly corner of the property. The property is
currently fenced in three sections.
We respectfully request that the permit be granted for at least
one year.
Once again, we thank you for your assistance in this matter.
VerYltruly yours,
I~
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Cln: OE WINTEF? SPHII\iGS
ClOd Oeve!oprneni Coordinator
551 Wade Street
.
Winter Springs, Florida 32708
.
305/327 -1040
.
Jon M. Hall Co.
May 27, 1988
City of Winter Springs
1126 E. S. R. 434
Winter Springs, Florida 32708
Re: 245 Sanford-Oviedo Road
Winter Springs, Florida
ATTENTION: Don LeBlanc
Gentlemen:
The undersigned respectfully request a permit to place a mobile
office on the subject property.
The property is to be leased as an office site and it is
necessary to provide electrical power to the site for the benefit
of the tenant.
.
Please advise if there are any other requirements of the under-
signed in order for the City Commission to grant this permit.
Your assistance is appreciated.
vrr::-:;"" ,
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I I~ d:.i't SPRING"
.....and DeveIoDfl'lcri" (' . .' ;;)
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551 Wade Street
.
Winter Springs. Florida 32708
.
305/327 -1040
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Page 9, of the Public Records of Seminole County,
ENTZMINGER FARMS ADDITION
in Plat Book 5,
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Conklin, ~ort.r and Holm..
~ [P) ENGINEERS, INC.
~oo w. FUlTON STREET
o POST OFFICE BOl( 11171
SANFORD. FLORIOA 32711
TEL305322-6841 TEL 30~ 831.5717
Nay 18, 1988
Mr. Richard Rozansky, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
Re: Winter Springs Package Treatment Plant
CPH Job No. W0409.00
Dear Mr. Rozansky:
Our design services in connection with the above referenced
project were performed based on the verbal authorization of the
City Commission on February 19, 1987. After bidding the
project, it was determined that construction administration and
resident project representative services would be required, and
Amendment 6 was prepared and subsequently executed by the City
in February of this year.
Amendment 6 outlined the anticipated level of effort required to
perform the design, construction administration and resldent
project services and was based on a construction period of 180
days. Change Order 1 to the construction contract increased the
contract time by twenty days for a total construction period of
200 days. We also believe the contractor will not meet the
current completion date of May 26, 1988 and anticipate a
completion date of June 17, 1988.
A review of our current engineering invoice attached indicates
that we are still within the anticipated budget established by
Amendment 6. However, due to the increased construction
contract time described above, we anticipate that engineering
fees will exceed those previouSly established and in that
regard, respectfully request a fee increase in the amount of
$6,719.20 for a revised not to exceed fee total of $50,000. Our
request is a result of the extended construction time created
both by Change Order 1 and the contractor not meeting the
schedule established. The request is based on a projected need
of approximately 20 hours per week for six weeks for an
inspector on site to adequately monitor the work of the
contractor and approximately 5 hours per week for six weeks for
an engineer to supervise and coordinate the construction work
effort. We believe it is necessary to maintain this level of
service to ensure the City of the best possible product and
compliance with the plans and specifications.
.
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Conklin, r1!..orter and Holmes
@ ~ If)) ENGINEERS, INC.
Mr. Richard Rozansky
The contract contains provisions for liquidated damages for
failure by the contractor to complete the work as scheduled.
liquidated damages may be used for the payment of engineering
fees incurred after the completion date.
If this request meets with City approval, please sign one copy
of this letter and return it for our files. We thank you for
the cooperation of your staff throughout the project and look
forward to a successful completion of the project work.
SIncerely,
AND HOLMES-ENGINEERS, INC.
P. Eo
TMZ/jms
Richard M. Rozansky, City Manager
05/18 l2W
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REQUEST FOR PROFESSIONAL SERVICES
June 13, 1988
The City of Winter Springs requested proposals for professional services to
perform a traffic circulation study of the existing and programmed roads in
and near the City. The following proposals were received on June 13, 1988 before
2:00 p. m. and were opened by the City Manager. Also present at the opening were
Jacqueline Koch, Director of Administrative Services/City Planner and Mary Norton,
City Clerk.
following proposals were received:
Ghioto, Singhofen & Associates, Inc., 5456 Hoffner Ave., Suite 202,
Orlando, FL 32812; they declined to respond.
Vanasse Hangen Brustlin, Inc., 2611 Technology Drive, Suite 201, Orlando, FL 32804.
Traffic Planning and Design, Inc., P.O. Box 1237, Longwood, FL 32750
Foxworth, Swift and Associates Engineers, 2400 Maitland Center Parkway, Suite 114,
Maitland, FL 32751.
Tipton Associates Inc., 930 Woodcock Road, Orlando, FL 32803.
Transportation Consulting Group, P.O. Box 2547, Winter Park, FL 32790.
Reynolds, Smith and Hills, Architects, Engineers & Planners, Inc., 1715 N.
Westshore Blvd., Suite 500,P.O. Box 22003, Tampa, FL 33622-2003
JHK & Associates, 7575 Dr. Phillips Blvd., Suite 200, Orlando, FL 32819.
Harland Bartholomew & Associates, Inc., Planning, Engineering, Landscape
Architecture, Suite 400, 4417 Beach Boulevard, Jacksonville, FL 32207.
Kimley-Horn and Associates, Inc. , 1200 E. Hillcrest St., Suite 300, Orlando, FL 32803.
Ivey, Bennett, Harris and Walls,Inc., Planners, Engineers , Landscape Architects,
122 E. Colonial Dr. ,Orlando, FL 32801.
Miller-Sellen Associates, Inc., declined.
The proposals will be reviewed by the City Engineer, the Land Development Coordinator,
the Building Official, the Police Chief, the Fire Chief and Director of Administrative
Services/City Planner.
Mary Norton,
City Clerk