HomeMy WebLinkAbout1992 04 27 Regular
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THE CLIFTON SPRINGS COMMUNITY
PUBLIC COMMENT
WINTER SPRINGS COMPREHENSIVE PLAN
April 18, 1992
Dear Sirs:
We are the residents of the Historical Clifton Springs area, located on Lake Jesup's South
Shore in Seminole County. Today's aerial photographs barely reveal our community at all. We seek
to preserve that for our children.
Our community appears on Seminole County's comprehensive plan map as low density
residential. In reality, the nature of our community is very rural. We do not have, require, or desire the
urban services associated with residential use. Things like central water and sewer, paved roads, etc.
As a community, we view the extension of these services extraneous.
The inter-local agreement between Winter Springs and Seminole County could be misconstrued
in Tallahassee as authorizing the City to provide urban services to this "enclave". Winter Springs'
misrepresentation of the agreement does not give them the right to include us in their urban planning
area.
We, as long term residents of Seminole County, object vehemently to the imposition of an
urban interchange in an absolutely inappropriate location. We strongly support a rural interchange. We
do not need convenience stores, fast food, or a shopping complex so near this environmentally
sensitive natural resource. We are caught between this resource and the rapidly urbaniziiig
metropolitan Orlando area. We urge a transitional land use area north of S.R. 434 of suburban density.
We also suggest a practical or workable conservation zone on the south shore of the lake,
opposed to the erratic and in some places non-existent conservation zone. This natural resource must
be protected from future degradation by development.
We also request that a copy of the final comprehensive plan and support documents be made
available at the public libraries for citizen review.
We object to the wording ''the majority of land owners can cause annexation". We have been
led in the past to believe that annexations could only be done on a voluntary, individual basis. This
will not happen. The residential designation of our community is no excuse to further destroy large
masses of everyone's natural lake side greenbelt buffer.
Please consider our public comment in your upcoming decisions.
The Clifton Springs Community
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James M. Ferguson
1110 Orange Ave.
Winter springs, Fl.
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city of winter Springs
1126 East SR-434
winter Springs, Fl. 32708
April 27, 1992
Dear Mayor and Commissioners,
I have spoken to you before about the park developments and
concerns that effect my property located between the park and
lake Jessup. As I told you before, I want to be a good neighbor
with the park and the city. The park development is something you
should be proud of. I supported the park development and your
closing of the West end of Orange Avenue and Clifton roads. I am
pleased that you are meting your commitment to keep the remaining
section of Orange Avenue in repair and open for the property
owners. I look forward to continuing to work with you to resolve
any and all our problems as they become evident.
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I need to speak with you about a serious flooding problem
that has developed. Extensive rain water run-off from the park
was experienced this month. This resulted in significant damage
to the Orange Avenue roadway, the home and property of my
neighbor, Mrs. Leier and erosion damage on the eastern side of
my property. This run-off washed topsoil down and into the
wetland area bordering the lake. This damage can be repaired, but
I am concerned about the next time we experience heavy rains.
April has produced much rain, but was far from any record level.
Perhaps I can offer a suggestion and help to the city and
park. The problem seems to be what to do with the overflow run-
off from the park. A solution may be a retention pond overflow
drain to the lake. If this could be permitted, it would offer a
permanent solution to the problem. I am willing to meet with the
city and discuss an easement on my property for such a drain.
Perhaps the city could offer some help to me. I would like
the council to consider my request to connect to the city potable
water system. I have made two requests to Mr. Lockcuff, and was
told the utility Management Committee policy was not to connect
anyone outside of the city. At this time of serious water
conservation and restrictions, any savings of water now wasted
and blown off at fire hydrants to maintain water quality should
be welcomed. There is a water connection point adjacent to my
property, installed as part of the park development. My
connection would be at my cost and would provide revenue for your
service. Sounds like a Win-Win proposition for both our
interests.
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April 27, 1992
MAYOR PHIL KULBUS
City of Winter Springs
Re: Objection to Designation of Property of Florida Country
Clubs, Inc. on Proposed Com~rehensive Plan.
Dear Mr. Mayor:
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Florida Country Clubs, Inc. ("FCC") is the owner of 243 acres
of land located within the Tuscawilla PUD (the "PUD"), which was
annexed into the City of winter Springs (then known as North
Orlando) in 1971. FCC acquired the parcel in 1987 from the
developer of the PUD for $3,000,000 and has invested an additional
$2,500,000 in improvements to portions of the property. The
investment was made in reliance upon the status of the permitted
land uses for the property under the Annexation Petition and
Ordinance adopted by the City at the time of annexation in 1971 and
still in effect as of 1987. The proposed comprehensive plan land
use designation will deny FCC the right to develop its property in
the manner permitted at the time it acquired the land, does not
provide any alternative use for the property and will result in a
loss of in excess of $8,000,000 to FCC.
The 243 acres owned by FCC includes 190 acres land which is
used for the purposes of the business commonly known as the
Tuscawilla Country Club. For your information, the land area of
other country clubs is typically between 130 and 160 acres. Deer
Run Country Club previously owned by FCC and also acquired in 1987,
has comparable facilities on less than 140 acres, and Windermere
Country Club acquired by FCC in 1988 has comparable facilities on
less than 160 acres.
The information obtained from the City staff and review of the
records of the City by the undersigned concerning the permitted
land uses during our due diligence period before closing the
purchase of the land, showed that the 243 acres was a part of the
Tuscawilla PUD and subj ect to the terms of the contract for
annexation with the City adopted in 1971. No changes to the 1971
PUD plan had been adopted by the City under its PUD ordinance with
respect to any po~tion of the 243 acres of FCC.
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The 1971 PUD plan designates 190
country club, 10 acres of FCC's land
acres for "condominiums", which would
guest cottages and 120 condominiums.
acres of FCC's land for the
for "guest cottages" and 10
allow FCC to develop 150
FCC relied on these
designations when acquiring the 243 acres and intended to develop
the guest cottage and condominium land after the development of the
clubhouse. It was the intent of FCC that the development of the
guest cottages and condominiums would add significant revenues to
FCC's country club operations.
The City is well aware of the intentions of FCC to develop the
guest cottages and condominiums which is the subject of the pending
lawsuit by FCC against the City, Florida Country Clubs, Inc. v.
City of Winter Sprinqs, Case f91-2244-CA-16, Circuit Court of
Seminole County. Court ordered mediation is scheduled for May 5,
and it is hopeful that an acceptable use for the non-golf course
property can be resolved. Notwithstanding the City's knowledge of
FCC's reliance upon the existing permitted land use designations
and the pending lawsuit, the City is attempting to confiscate the
vested rights of FCC through the comprehensive plan.
The proposed comprehensive plan designates FCC's entire 243
acres as "recreat.ional" which would not. permit. t.he development. of
t.he guest cottages or condominiums. The recreational designation
is not necessary for more than 190 of the FCC's acres. To expand
the recreational designation will effectively designate FCC's
developable land as open space since there is no practical means of
expanding the country club facilities to use the non-golf club
property. The City will be giving FCC no alternat.ive use for the
non-golf club land, thereby depriving FCC of any value of the land.
In addition, the taking of the guest cottage and condominium uses
will deprive FCC of the right to use the non-golf club land to
enhance the business of the Tuscawilla Country Club.
other similarly situated properties owned by other parties
adjacent to the golf course have been designated with uses other
t.han recreat.ional. It. appears t.hat. Ci t.y St.aff have used t.ax
parcels rather t.han t.he actual or potential uses to make the
designations on the comprehensive plan.
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The designation of all of FCC's land on the comprehensive plan
as recreational constitutes a taking of FCC's land which must be
compensated by the City. The recreational designation will cause
FCC over $8,000,000 in damages for which FCC will look to the City
for compensation.
FCC requests that the City reconsider its comprehensive plan
designation of 243 acres as recreational and instead provide for
land uses consistent with those relied upon by FCC in acquiring and
improving its property.
TUSCAWILLA HOMEOWNERS ASSOCIATION
P.O. BOX 3477
WINTER SPRINGS, FL 32708
April 24, 1991;
Dear Commissioners,
This letter is to express our concern over the proposed
Comprehensive Draft Plan and the Future Land Use Map.
We are concerned what will happen to Tuscawilla if this map
becomes a reality. A solid mass of commercial and high
density development will cause major gridlock on 434 and we
will become a convenient cut through for traffic our roads
were not designed to handle. We will no longer have, to
use a phrase from the Plan, "safe on sight traffic
circulation." Not to mention what this will do to our
neighborhood safety and property values.
The notion of an urban interchange on 434 does not reflect
appropriate growth management. We already have an
abundance of services near by. Alafaya Square and the
proposed Oviedo Plaza are approximately 2 miles from the
426 end of Tuscawilla. Red Willo Plaza, Willa Springs
Village and the K-Mart/Albertsons shopping area are
approximately 2.2 miles from our main entrance. We don't
need another shopping area.
If we are to maintain the unique and rural quality of the
south shore of Lake Jessup and the 434 area the City must
advance a plan that permits APPROPRIATE property
development that gradually introduces land density in a
logical fashion. In other words, transitional zones of
progressing density should be considered.
Commissioners, you will decide weather to maintain and
encourage a working ecosystem around Lake Jessup and the
434 area, or to sanction the proliferation of mass urban
sprawl via inappropriate growth management. The choice is
yours. Please consider it carefully because gross land use
mistakes can never be reversed. Thank you.
Tuscawilla Homeowners Association
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April 21, 1992
TO:
City Manager
coordinato~
FROM:
Land Development
RE: Agenda Item, Braewick
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Attached is a package received from Quest Properties (3:00 p.m.,
April 21, 1992). This represents the type housing they propose to
build in Braewick. Chelsea Parc is in Apopka.
Jfg
attach.
cc: Mayor .
Commission
City Attorney
City Clerk
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April 21, 1992
FROM: Land Development
coordinator~
TO: City Manager
RE: Agenda Item, Braewick
Quest Properties, the potential purchasers of the rema1n1ng Braewick
properties, would like to modify the existing Preliminary Engineering/
Final Development Plan by decreasing the density and changing the
product line.
The Staff has made a cursory review of this conceptual plan and noticed a
few flaws which are:
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1) As presented, Phase I would have to be replatted;
2) Cul-de-Sacs do not meet Code;
3) Discussion on stormwater management; and
4) Cul-de-Sac on southeastern corner encroaches on private
property.
The Staff recommendation was that this conceptual plan be presented to
the Commission for their review before proceeding with Final Engineering.
Attached is the conceptual plan for the remaining property and the
minutes of the January 26, 1987 Commission Meeting approving the
Preliminary Engineering/Final Development Plan.
/fg
attach.
cc: Mayor
Commission
City Attorney
City Clerk
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
JANUARY 26, 1987
The Regular Meeting of the City Commission of the City of Winter Springs, Florida.
was called to order by Mayor John V. Torcaso at 7:30 p.m.
Roll Call: .
Mayor John V. Torcaso, present
Deputy Mayor William A. Jacobs, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
Cindy Kaehler, absent
Arthur Hoffmann. present
Philip A. Kulbes, present
Martin Trencher. present
For the invocation Commissioner Martin Trencher asked for a moment of silent prayer
in memory of the Astronauts of Challenger 7. The Pledge of Allegiance to the flag
was led by City Manager Richard Rozansky.
Motion was made by Commissioner Jacobs to approve the minutes of January 12, 1987.
Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner
Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner
Trencher, aye; motion carried.
Public Input:
Mr. Allen Bernoni of Indian Ridge presented a petition to the Mayor requesting the
City to condemn Indian Ridge Units 73 through 84 located off San Rafael.
Weblos from Den 2, from Pack 843, were present as a requirement to move from
Cub Scouts to Boy Scouts to learn about local government and what they can do to become
responsible citizens.
Mr. Villilo said Feb. 8th is Scout Week.
Planning & Zoning Board Recommendations of Jan. 14:
Request of Roger Lonsway to annex 1.17 acres on east side of Belle Ave. South of S.R.
434 (113.85 feet of Lot 8, Block B, Johnson's Poultry Farms).
Property is next to the Winter Springs Elementary School.
Motion was made by Commissioner Kulbes to read Ord. 366 by title only. Seconded by
Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes. aye;
Commissioner Jacobs, aye; Commissioner Trencher. aye; Commissioner Hoffmann. aye;
motion carried.
Attorney Kruppenbacher read Ord. No. 366 by title only on first reading.
Planning & Zoning Board Recommendations of Jan. 21:
Request of Coastal Equity and Development Corp. for approval of Final Development
Plan/Preliminary Engineering for Braewick Villages in Tuscawilla (272 Townhouse
Units on south side of Winter Springs Boulevard just east of Howell Branch):
Mr. Wayne Ford of Coastal Equity was present to request .approval. Also present were
Don Evans, The Evans Group, Architects, Leonard Cechowski of Phoenix Engineering,
engineer of record. and Ted Buckley, landscape architect. They gave a presentation
of the proposed project.
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Regular Meeting, City Commission, Jan. 26, 1987
.page 2
86-87-7
Motion was made by Commissioner Trencher pursuant to Sec. 14-119 Land Development
Code that we grant a waiver for sidewalk requirements and have the developer in
lieu of that requirement, develop a series of pedestrian paths which meander
throughout the project and require that they be within a reasonable, accessible
distance by all units without egress onto any private property. Seconded by
Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye;
Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Rulbes, aye;
motion carried.
Motion was made by Commissioner Trencber pursuant to Sec. 14-119 of tbe Land Development
Code that a waiver be granted on tbe proposed 50 foot rigbt of way of tbe street to
include a 22 foot street with 8 inch curbs on both sides subject to final engineering
approval. Seconded by Commissioner Hoffmann. Discussion. Vote on tbe motion:
Commissioner Trencher, aye; Commissioner Hoffmann. aye; CODlDissioner Kulbes, aye;
Commissioner Jacobs, aye; motion carried.
Motion was made by Commissioner Trencher pursuant to Sec. 14-119 of tbe Land
Development Code pursuant to Sec. 44.85.4.4g on site development standards tbat we
grant a waiver requested by tbe developer for tbe following buildings and proposed
setbacks: CS-l. 35 feet; CS-2, 25 feet; CS-3.25 ft.; GS 10-20 Ft.; GS 11-15 ft.
Seconded by Commissioner Jacobs. Discussion. Vote on tbe motion: Commissioner
Trencber. aye; Commissioner Hoffmann, no; Commissioner Rulbes, no; Commissioner
Jacobs. aye; Mayor Torcaso. aye; motion carried.
Motion was made by Commissioner Trencber tbat we approve tbe preliminary engineering
for Braewicb Villages subject to tbe waivers just granted by tbe Commission and
final engineering and approval by tbe City Engineer, and subject to tbe Engineer's
letters of January 19tb and Januar~'23rd and Staff Review of January 12th. Seconded
by Commissioner Rulbes. Discussion. Vote on tbe motion: Commissioner Kulbes. aye;
Commissioner Jacobs, aye; Commissioner Trencber, aye; Commissioner Hoffmann. aye;
motion carried.
Final Engineering of Georgetowne Unit I (formerly Tuscora Villas) in Tuscawilla on
Northern Way opposite Trotwood Boulevard:
The City Planner. Jacqueline Roch. explained tbis was formerly Tuscora Villas and
was approved in preliminary form at tbe end of last year. The final engineering is
for the eastern half of the project. The Developer and bis engineer were present.
Motion was made by Commissioner Kulbes for approval of final engineering for
Georgetowne Unit I witb the comments as provided by tbe City Engineer and to include
the waiver for tbe sidewalks. Seconded by Co.-issioner Jacobs. Discussion. Vote on
tbe motion: Commissioner Trencber, aye; Commissioner Hoffmann, aye; Commissioner
Kulbes, aye; Commissioner Jacobs, aye; motion carried.
Final Engineering of Winter Springs Commerce Center in Wildwood on soutb side of
Sbepard Road just east of U.S. 17-92:
The City Planner, Jacqueline Kocb, explained this was for approval of final
engineering of Phase I. Mr. Dittmer and bis engineer were present. This was approved
as a change to tbe Wildwood Planned Unit Development to provide for a commerce center.
There was discussion of tbe outfall from tbe retention pond and that a maintenance
agreement sbould be establisbed.
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