HomeMy WebLinkAbout1993 05 24 Regular
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May 18, 1993
To:
From:
Re:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Mayor/ Commission
City Manager John Govoruhk
Attached herewith is McIntosh's letter of May 3rd and Staff comments.
Eagle Ridge
I want to bring to your attention the 100 acres on the property which
was for conservation purposes and was supposed to have been donated to
the City.
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1,/ John Govoruhk, City Manager
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FRANK KRUPPENBACHER. P,A,
DIRECT DIAL NUM8ER
(407) 6497405
LAW OFFICES
HONIGMAN MILLER SCHWARTZ AND COHN
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.A. PA.RTNERSHIP INCLUDiNG PROf"(SSIONAL ASSOCIATIONS
390 NORTH ORANGE AVENUE
SUITE 1300
ORLANDO. FLORIDA 32601-1677
TELEPHONE (407) 6460300
TELECOPI[R 14071 646,1155
wEST PALM BEACH, FI...ORIOA
TAMPA, F'LORIDA
DETROIT, MICHIGAN
LANSING. MICHIGAN
HOUSTON, TEXAS
LOS ANGELES. CALlF"ORNIA
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June 1, 1993
Mr. Donald W. McIntosh
2200 Park Avenue, North
Winter Park, FL 32789
Re: Eagle Ridge Development
City of Winter Springs, Florida
Dear Mr. McIntosh:
The following outlines the City commissioners clarification
of certain issues regarding the above-referenced project at its
May 24, 1993 meeting:
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1.
School Impact Fees. In view of Seminole county's
passage of a $1,378.00 per unit school impact fee, the
City will permit you to credit the $500.00 impact fee
against the County's school impact fee. In the event
the County eliminates its school impact fee, reduces
it below $500.00 or has it declared illegal and
invalid by a Court of competent jurisdiction, the
developer will be liable for the $500.00 or the
difference between the reduced fee and $1378.00 per
unit (not to exceed $500.00), which sum shall be
directly payable to the City for use in public schools
located throughout the city. In the event a Court
orders the return of any school impact fees paid to
Seminole County, the developer would be liable to pay
the City $500.00, or the difference between the sum
retained and the collected $1,378.00 (not to exceed
$500.00) for each unit covered by the return.
2.
Trotwood Blvd. At present, this will be a one lane
road with only emergency vehicle ingress and egress
with break-a-way gates. The monies the developer
would have expended for a full two-lane connector road
will be tendered to the City by the developer at the
time of construction of the road. A sidewalk is to be
built along one side of the road to accommodate
pedestrian traffic to the schools.
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HONIGMAN MILLER SCHWARTZ AND COHN
Mr. Donald McIntosh
Page 2
June 1, 1993
3. Alton Road. There is to be a stabilized road,
sufficient to accommodate fire and police vehicles,
from Eagle Ridge Boulevard to Alton Road for emergency
use. There will be break-a-way gates on each end.
4. Reclaimed Water Lines. There will be reclaimed water
lines throughout the project and each lot will be
connected to the system.
5. Proposed Water Main. The developer has agreed to meet
with the utility Director to discuss the upgrading of
the proposed 611 water main (approximately 850') near
the Sailfish Road and Trotwood Boulevard
interconnection to 811.
6. Phasing. The project is approved for phasing.
7. Conservation Area. The approximately 100 acres under
conservation restraints is to be donated to the city.
Should you have any questions, please call me.
truly yours,
FK:dmv
AND COHN
cc: Mr. John Govoruhk,
Acting City Manager
1126 E. State Road 434
Winter Springs, FL 32708
03074
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DONALD W. MciNTOSH A..oelate.,lne.
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MAY 10 lS93 JjJ)
CHY of WINTER SPRINGS
CITY MANAGER
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May 3, 1993
Mr. John Govoruhk
City Manager
City of Winter Springs
1126 East S.R. 434 North
Winter Springs, FL 32708
RE: Eagle Ridge
Issue Clarification
Dear John:
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We have been retained to assist Pizzuti Development, as contract purchasers of the Eagle
Ridge property, with their due diligence investigation of the Eagle Ridge development
entitlements and property. Of the many very well defined issues associated with the
property, three specific questions have surfaced for which I have been asked to obtain
some specific clarification from the City. To that end, I am writing to ask you to assist us
in obtaining the clarification from the City Commission, if necessary, at their earliest
opportunity. "
School Impact Fees
Issue Number One concerns the payment of school impact fees. As part of the executed
Eagle Ridge Developer's Commitment Agreement dated March 27, 1989 (copy enclosed),
Mr. Allan Keen, as general partner for the 434 Partnership, agreed to pay $500.00 per unit
to the City when each unit's building permit was issued, to be used toward public school
system needs. At that time, there was no other impact fee mechanism for contribution to
the school system and Mr. Keen offered this payment voluntarily to offset the
development's impacts on the school system. Since that time, a formal Seminole County
wide school impact fee has been adopted totalling $1378 per unit which does apply to the
Eagle Ridge development. We respectfully request formal confirmation of what the total
school impact fee payment is required of Eagle Ridge. We contend, that based on
conversations with the School Board Staff, City Commissioners and parties involved with
the project at that time, the project should pay the $1378 fee. We believe it was never the
City's intent to disproportionately or unfairly assess Eagle Ridge, but rather collect fees to
assist in funding of school system improvements in the absence of any mechanism then
available to do so.
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Trotwood Boulevard Improvement
The previously referenced Developer's Commitment Agreement, further clarified by the
December 10, 1990 action of the Ci ty Commission (meeting minutes enclosed), set
forward the requirement that the developer construct Trotwood Boulevard as "a single lane
road for emergency access only with a break-a-way gate and that the balance from the
funds that would have been expended for a full connector be given to the City for future
connection from this development".
CIVIL ENGINEERS
LAND PLANNERS. SURVEYORS
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Mr. John Govoruhk
City of Winter Springs
May 3, 1993
Page 2
We have been asked to request this condition be reviewed with the understanding that the
effort associated with Trotwood's extension through project wetlands is extensive and that
such work may best be done at one time (i.e., if there is any future potential to build a full
cross-section for Trotwood, it would be done best at one time). Further, permits for such a
connection may not be permitted by the various regulatory agencies in the future. The
City's priorities for area traffic networks are not entirely clear to us, but have always had an
influence on the Trotwood decision. My clients respectfully suggest that two steps should
be taken:
1. Trotwood should be built as designed and approved as a full section, two-lane
roadway provided all agencies allow such connection.
2. Trotwood should be opened as an integral part of the City's road network without
restrictions. My clients would like the Commission to review the issue and make a
final detennination.
Alton Road
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The 1989 Developer's Commitment Agreement stipulates that the City, will at its sole
discretion when the development phase abutting Alton Road is presented to the City, decide
whether and in what configuration Alton Road might be built. When Eagle Ridge final
plans were approved by the City (December 10, 1990 City Commission meeting) the
project's approval contained no reference to the Alton Road requirement.
My clients would like to interpret such approval as the City's having decided against the
need or benefit of an Alton Road connection. We feel that Alton Road should not be
constructed as it is not part of the City's master transportation circulation system (as
Trotwood might be characterized) as its construction would materially affect the natural
setting presently afforded to the City Park being dedicated in the vicinity of Alton Road. In
fact, a road built through the Park would significantly lessen the function and area of the
proposed park.
We therefore respectfully request the City confirm that no obligation to construct Alton
Road will be placed on the Eagle Ridge owners or developers.
Lastly, my clients intent is to construct the development in phases which contain units that
will stand on their own. That is, units that have self contained independent sewer, water,
stormwater and other systems needed to support homeowners within each developed unit.
We would like to confirm that, provided each development section will sufficiently stand
on its own (as confirmed by the City Utility and Engineering Department Directors),
proceeding with Units 1,2 and 5 (not numerically sequential) will be acceptable to the
Commission. Please note that Unit 6 would likely be the last unit constructed in any case.
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DONALD W. MciNTOSH Assoclates,lnc.
2200 PARK AVfNUf NORTH. WINTfR PARK. FLORIDA 32789. 14071 544.40f,8
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Mr. John Govoruhk
City of Winter Springs
May 3, 1993
Page 3
My client has requested these clarifications in an effort to fully understand their future
obligations to the City and to ensure they have the information needed to perform
consistently with those obligations.
As always, we are available to meet to discuss the enclosed at your convenience. I would
appreciate your bringing these issues to the Commission as soon as possible in order to
allow Pizzuti, as purchaser, to obtain the City's direction needed to conclude the due
diligence period.
Sincerely,
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;;t:~~~:07 ASSOCLmS, INC.
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President
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c: Mr. Steve Ivins
Mr. Roy Dye
Mayor Phil Kulbes
Commissioner Cindy Kaehler
Commissioner Don Jonas
Commissioner John Langellotti
Commissioner John Torcaso
Commissioner Terri Donnelly
Mr. Don LeBlanc
Mr. Leonard Korlov, P.E.
Mr. Kip Lockcuff, P.E.
Mr. Frank Kruppenbacher, Esq.
EC8621
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DONALD W. MciNTOSH Assoclates,lnc.
2200 PARK AVENUE NORTH, WINTER PARK, flORIDA 32789 _1407) 644-4068