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HomeMy WebLinkAbout1999 12 06 Informational Item B . . . COMMISSION AGENDA ITEM B Consent Informational X Public Hearing Regular December 6. 1999 Meeting Mgr. / ' pt. Authorization REQUEST: The Community Development Department --Engineering Division -- requests the City Commission review information regarding standing water and/or wet yard complaints from residents in the Winding Hollow subdivision. PURPOSE: The purpose of this agenda item is to request the City Commission review the attached information regarding a recent standing water and wet yard complaint from Mr. Don Hyland, 1 0 12 Winding Waters Circle, in Winding Hollow Phase 4. CONSIDERA TIONS: Winding Hollow was approved for construction in December, 1990. At that time, it was known as Eagle Ridge. The Winding Hollow site has historically had a high groundwater table; e.g., within a foot or so of the ground surface. This is why all the roads have underdrains, to artificially draw down the water table at the road location. If and when these underdrains are cut or don't work properly, you see a destruction of the roadway. Water intrusion will destroy a roadway. Time Warner Communication recently cut a roadway underdrain outfall pipe to the creek, causing the destruction of the north portion of Winding Waters Circle. They did not inform the City of this damage and are being required to reimburse the developer for the roadway repair. . . '. DECEMBER 6, 1999 INFORMATION AGENDA ITEM B Page 2 Prior to March 1995, the City Code permitted a one (1) percent lot line slope to drain surface water from the lot. One (1) percent is a FHA minimum and is inadequate in areas of high ground water table and a grassy surface. The City Code was changed in March, 1995, and lot line slopes are now required to be at least 1.25 percent on high percolation soils or at least 1.50 percent on low percolation soils. Since Winding Hollow (pka Eagle Ridge) was designed and approved with the one (1) percent lot line slope, the City cannot require a greater slope. As an alternative, the City has allowed the engineer to install yard drains to collect runoff in problem areas and route it directly to the storm system. Due to the close proximity of the water table to the ground surface, Winding Hollow is highly dependent upon the roadway underdrains and the stormwater system working properly. Over- watering of lawns, with a high water table, almost always results in a soggy or wet yard and stains on the curbs where the excess water is overflowing. This is harmful to the grass. Attached is a recently acquired lawn watering guide by the St. Johns River Water Management District (SJRWMD). In the majority of cases, with few exceptions, wet yard complaints in Winding Holloware a result of the resident over watering the lawn. During rainfall events, the use of roof gutters in the appropriate location could eliminate most standing water problems on the lot line between homes, as well as in landscaped areas adjacent to the house. Roof gutter down spouts can be routed to other locations on the lot where it will run off without causing standing water problems. Roof gutters can reduce or eliminate standing water in landscaped areas, such as the one at Don Hyland's home at 1012 Winding Waters Circle. FUNDING: n/a STAFF RECOMMENDATION: 1. Strict adherence to a recommended lawn irrigation plan by the homeowner. 2. The builders in Winding Hollow should accept responsibility for lot drainage problems. Residents should not be referred to the City for this type of problem. This is a civil matter between the builder and the resident or the Home Owners Association. 3. Home owners should consider using roof gutters and route downspouts to the least problematic location. 4. Home owners should install yard drains where needed. . . . DECEMBER 6, 1999 INFORMATION AGENDA ITEM B Page 3 A TT ACHMENTS: A. November 9, 1999, memo to the City Manager from the City Engineer. SUBJECT: Winding Hollow -1012 Winding Waters Circle, Don Hyland Residence - Standing Water Complaint. B. Attachment to "A" above: City Ordinance 65 (excerpts), better known as the Franchise Agreement between the City and Time Warner Communications. C. Home Lawn Irril!ation guide by the SJRWMD D. November 24, 1999, letter to David Auld, President ofD.R. Horton Homes, requesting he meet with Mr. Hyland and correct the problem. COMMISSION ACTION: . DECEMBER 6, 1999 INFORMATION AGENDA ITEM B Page 4 . ATTACHMENT "A" . ----- ... , -- DATE: November 9,1999 TO: City Manager, Ronald W. McLemore City Engineer, ~L Mark L. Jenkins, P.E. J-- FROM: SUBJECT: Winding Hollow -1012 Winding Waters Circle Don Hyland Residence - Standing Water Complaint At your request to investigate a standing water complaint at the subject location, Zynka Perez (City Construction Inspector) and myself made a site visit to this location around 3:30 PM, Tuesday, November 9, 1999. We walked the front and back yards of 1012 and 1014 Winding Waters Circle and met with Mr. Don Hyland regarding the complaint. Three photographs were taken (PHOTOCOPY OF PHOTOGRAPHS ATTACHED). We also confirmed that the road underdrain outfall pipe, to No-Name Creek, was flowing properly. The following observations were noted: There was no standing water noted in the subject yard and adjacent yards (front and back yard included) or in the road right-of-way in front of the house. Mr. Hyland (1012 Winding Waters Circle) stated that he waters his yard for 10 minutes everyday with a sprinkler system. The sod sounded moist under my feet, in several locations, but not enough to wet my shoes. There were some children playing in the backyard of l014 Winding Waters Circle and two adults seated in chairs in the backyard. Mr. Hyland stated he gets trapped water in front of his house, in the landscaped area between his front door sidewalk and the front of the house (none was present during this visit). He also stated the builder, D.R. Horton, will not make any corrections and the builder tells him his drainage "problem" is the City's fault. There was very little roof gutters noted on the houses, which allows roof runoff to collect adjacent to the house. There was black plastic edging around the landscaped area in front of M,r. Hylands house. This edging penetrates at least six inches into the ground and can inhibit lateral groundwater movement near the surface. Mr. Hyland stated his builder did attempt to alleviate the trapped water in the landscaping by installing some type of "drain" from this area to the front of the lot. Details of the "drain" were unclear from Mr. Hylands description of it. Zynka mentioned to me that the subject yards were a lot dryer than some she has seen in Winding Hollow. This subdivision was constructed in an area with a high v,'ater table. The engineering plans (pka Eagle Ridge) were reviewed by me in 1990 and approved by the City Commission in December 1990. The lot line grading, on these plans, is an FI-IA minimum ATTACHMENT "A" , , .1 Winding Hol/ow Standing Water Complaint November 9, 1999 page 2 of one percent. Our present City Code requires at least 1.25 percent in areas of good soil percolation and at least 1.50 percent in other areas. One percent lot line slope is no longer permitted. Since these plans were approved when one percent was permitted, we cannot require more than that when lot grading is reviewed by the Engineering Division, prior to a Certificate of Occupancy (C.O.). Anything less than one percent in this subdivision is rejected. Zynka makes a site visit to at least 70 percent of the lots when lot grading submittals are reviewed prior to C.O. Newer subdivisions have more slope to the lot lines, by Code requirement. The subject lots appear to have much more than one percent slope from the house to the rear lot line. These house have No-Name Creek to the rear. Recommendations and Conclusions: The City is not at fault in this issue. Over-watering of the yards is a significant contributor to the problem. There is a natural high groundwater table in this subdivision and there is very little, if any, vertical percolation of the groundwater. Groundwater in this subdivision travels laterally, close to the surface of the ground, to the creeks and ponds. Roof gutters above the landscaped area of Mr. Hylands house would help appreciably, as would roof gutters at lot lines. The builder, D.R. Horton IS responsible for providing each house with proper drainage. Section 9-126(a.5) of the City's Land Development Code states (CLots and blocks shall be designed to provide adequate drainage and protection of property". This is a requirement of the builder. A decrease in watering, by Mr. Hyland, would help greatly. Since this is private property and a C.O. has been issued, this kind of complaint becomes a Civil matter between the homeowner and the builder. I have attempted to facilitate matters, such as these, by drafting a letter to the builder requesting he contact the complaining party and advise me of his correction plans. I will again take this role in this matter also. I will copy Mr. Hyland with all correspondence to the builder in this matter. The roadway underdrain outfall pipe, broken by Time Warner Cable (TWC) and causing the road damage on Winding Waters Circle, has been repaired by the developer's contractor. I expect to receive a repair schedule, for Winding Waters Circle along with Winding Hollow Blvd. and Twelve Oaks Drive, from the developer next week. TWC's franchise agreement with the City requires that they correct any damage they may cause. The franchise agreement also states that trying to evade this compliance is grounds for loss of franchise. Reference City Ordinance 65 (the franchise agreement) which is renewed by the City at set intervals. (EXCERPTS OF ORD. 65 ARE ATTACHED) attachments: photocopies of photos I excerpts of Ord. 65 cc: Community Development Director Code Enlorcement A40nager Fublic Works/Utility J)irecto/, . . . . DECEMBER 6, 1999 INFORMATION AGENDA ITEM B Page 5 . ATTACHMENT "B" . TIME \V ARNER CABLE, FRANCHISE EXCERPTS: 10-6-99 . FH.ANCHISE AGREEMENT - ORDINANCE 65 (RENEW ABLE): . Section 2, paragraph (e): "Where in doing its work Grantee disturbs any pavement or other improvements, Grantee shall promptly repair and replace the same in a neat and workmanlike manner as nearly equal to its original condition as possible." . Section 2, paragraph (m): "If Grantee shall fail to make any repair, remove or relocate any part of its system, or otherwise perform its obligations hereunder; then the Village (City of Winter Springs) is hereby authorized to do the same at Grantee's expense, and Grantee shall reimburse the City for the cost thereof promptly upon receipt of an invoice." . Section 3, paragraph (b): "The Grantee shall pay and by its acceptance of this franchise, the Grantee specifically agrees that it will pay all damages and penalties which the Village (City of Winter Springs) may legally be required to pay as a result of granting this franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise." . . Section 3, paragraph (c): "Grantee shall maintain, and by its acceptance of tlus franchise specifically agrees that it will maintain throughout the terms of this franchise liability insurance insuring the Village (City of Winter Springs) and Grantee with regard to all damages mentioned in subparagraphs (a) and (b) above in the minimum amounts of ..." (amounts omitted) . Section 3, paragraph (d): "Grantee shall maintain, and by its acceptance of this franchise specifically agrees that it will maintain throughout, the term of this franchise a faithful performance bond running to the Village (City of Winter Springs) with at least two good and sufficient sureties approved by the Village, in the penal sum of $10,000.00 conditioned that Grantee shall well and truly observe, fulfill, and perform each term and condition of this franchise and that in case of any breach, the amount thereof shall be recoverable from the principal and sureties thereof by the Village for all damages proximately resulting from the failure of Grantee to well and faithfully observe and perform an provision of this franchise." . Section 4, paragraph (d): "The Grantee shall at all times employ ordinary care, and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public." . . Section 11 "FORFEITURE OF FRANCHISE", paragraph (a): "In addition to all other rights and powers pertaining to the Village (City of Winter Springs) by virtuc of this franchise or otherwise, the Village reserves the right to terminate and cancel this franchise and all rights and privileges of Grantee hereunder in the event Grantce:" subparagraph (4); "Attempts to evade any of the provisions of this franchise or practices any fraud or dcceit upon the Village." ATTACHMENT "B" . DECEMBER 6, 1999 INFORMATION AGENDA ITEM B Page 6 . ATTACHMENT "C" . FAST FACTS Knowing the right times to apply water to your lawn or landscape is one way you can help conserve Florida's vital water resources. Most lawns need rain or irrigation once each week or two during fall and winter months. Water conservation may not seem necessary in a state surrounded by water on three sides and filled with thousands of water bodies. But not all of that water is available for drinking or irrigation. In spring and summer, lawns need rain or watering every 3 to 5 days. When can' water my'awnl Outdoor irrigation is allowed only before 10 a.m. and after 4 p.m. daily, unless reclaimed water is used. The watering hours rule is in effect year-round. The St. Johns River Water Management District set the watering hours in 1991 as part of its water conservation rule, a rule designed to use water in the most efficient manner. Why do we halte this ru'e1 . When you water your lawn and landscapes before 10 a.m. or after 4 p.m., the water can seep into the ground where thirsty grass and plant roots can drink up the water, promoting healthy plants that establish deep root systems. . Water sprinkled on lawns during the hottest part of the day - between 10 a.m. and 4 p.m. - is wasted. During the heat of the day, 65 percent of that water evaporates. . Water droplets on plants can act like a magnifying glass, causing the sun to burn the leaves. . Irrigating during the hours when it will do your lawn and landscapes the most good - before 10 a.m. or after 4 p.m. - can save you money on your water bill, or on your electric bill if you have a private well/pump. . Though Florida usually receives about 50 inches of rain each year, only a small amount seeps into the ground to replenish . Genera' 'awn irrigation guide An irrigation schedule may vary depending on the time of year, the type of soil you have and your location in the state. The amount of rainfall your area receives should dictate how often you give your lawn supplemental watering. In the absence of rainfall, this table can serve as a general guide to watering. Monfh How offen lawns need rain or irrigation January February March April May June July August September October November December Once every 10-14 days Once every 7-10 days Once every 5- 7 days Once every 3-5 days Once every 3-5 days Once every 3-5 days Once every 3-5 days Once every 3-5 days Once every 5-7 days Once every 5-7 days Once every 7-14 days Once every 7-14 days underground aquifers. Aquifers are where 90 percent of us in north and east-central Florida - the region of the St. Johns District - get our drinking water. When to irrigate Two ways to determine when to water your lawn are by visual and physical inspection and by direct measurement of soil moisture. Visual and physical inspection - The most efficient way to water your lawn is to irrigate when it shows signs of stress from a lack of water. Visual signs of water stress include the lawn turning a bluish-gray color, footprints lingering after being made and grass blades folding in half. A physical inspection includes touching the soil around the root zone to determine if it feels dry. Continued on back St. Johns River Water Management District. P.O. Box 1429 · Palatka, FL 32178-1429 Phone: 904-329-4500 (Palatka headquarters switchboard) . On the Internet: http://sjr.state.fl.us 4/99 DECEMBER 6, 1999 INFORMATION AGENDA ITEM B Page 7 . . ATTACHMENT "D" . . . . CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 November 24, 1999 Mr. David Auld, President D.R. Horton Homes 6250 Hazeltine National Drive Suite l02 Orlando, FL 32822 RE: Reported Drainage Problem at Mr. Don Hyland's Residence 1012 Winding Waters Circle, Winding Hollow Subdivision Dear Mr. Auld: I received a complaint, via the City Manager, of standing water and poor lot drainage on the subject lot. Mr. Hyland also aired his complaint at a recent City Commission meeting. At the request of the City Manager, I made a site visit to the subject lot, along with my assistant Zynka Perez. We met with Mr. Hyland for about 45 minutes to ascertain the problem. This is one of your homes and Mr. Hyland states there is standing water for several days in the landscaped area in front of the house, between the front door sidewalk and the house itself We saw no standing water on this lot at this time. There are no roof gutters at the problem location. Water is trapped there. Mr. Hyland claims that representatives from your company are telling him, and other residents, that the lot drainage problems are the City's fault and they are incorrectly being told to call the City for a correction. It is vou who must correct these lot problems. Mr. Auld, I believe we have had similar discussions in the past with some residents who purchased homes from your company in Winding Hollow. Prior to a Certificate-of-Occupancy we check the submitted lot comer elevations with the approved plans. 'This subdivision does have some inherent problems. This subdivision has a high water table, close to the ground surface, and the engineering plans call for only a I (one) percent lot line slope. One percent slope on grass does not work very well, but it was approved in December of 1990. Our present City Code requires 1.25 to 1.50 percent lot line slope. One percent is not permitted today. Also, the builder is responsible for providiol! adequate surface drainal!e of each lot, NOT THE CITY. If the above landscaped area, on Mr. Hyland's lot is trapping water and causing a standing water problem, it is your responsibility for correcting it, NOT THE CITY. I am requesting that you meet with Mr. Hyland and correct the drainage problem on his lot. Please let me know what you and Mr. Hyland have decided upon for a correction. If you have any questions, you can call me at 407-327-5976. Sincerely~ ./ ~~_ 4' ~/V(CW1-1- ~~f.e~(tL~._ MARK L. JENKINS, . CITY ENGINEER cc: Mr. Don Hyland City Manager Community Development Director Land Development Coordinator Mr. David Auld, FAX # 857-9228 ATIACBMENT "D"