HomeMy WebLinkAbout1999 07 26 Regular
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Friends.
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lake Jesup:
Created to
study and
preserve the
history, to
reestablish and
maintain the
natural
ecosystem, and
to enhance Lake
Jesup to its
optimal level of
health. Our goal
is to manage
this resource so \
that the citizens
of Florida may
have Lake
Jesup for the
purposes of
conservation
and recreational
use for
generations to
come.
2211 Black
Hammock Road
Oviedo, Florida
32765
(407) 365-3128
FLJesup
@aol.com
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July 26, 1999
ATTACHMENT "A"
Dear Commissioner,
We would like to thank you for this opportunity to comment on a project in your city,
Parkstone, adjacent to Lake Jesup. We, the Friends of Lake Jesup, are interested in
the proposal before you for a number of reasons, and feel we can help you with your
serious decisions tonight.
Initially this proposal doe~ not raise serious concern based upon the fact that a
SJRWMD permit has been issued to allow the project to move forward. Upon closer
inspection this is not the case. Some very serious issues are raised by what has tran-
spired. Although a permit was negotiated between the developer and the SJRWMD, it
is based upon an intent that the lakeshore and its adjacent wetlands and upland buffer
be left intact for the purposes of conservation for perpetuity. Under the circumstances
set forth in the proposal before you this cannot happen.
The project has moved forward with the lot lines of the parcels adjacent to the conser-
vation lands extending to the lake, presumably to make the home site qualify as a
"Iakefront" lot. The inferred rights associated with that 'Iakefront status' would be the
undoing of the conservation areas' effectiveness and value. As you learned in your
last hearing, the 25-foot natural upland buffer is in place to provide stormwater treat-
ment that is to offset the impact of the backlot runoff, in lieu of a treatment swale or re-
tention pond. This upland buffer is intended to remain in its natural state and be vege-
tated with native species of plants. Our greatest concern lies in the integrity of this
buffer and the lakes wetland system. It does not take much imagination to know what a
homeowner, who has been led to believe he "owns" a lakefront lot, will do in his back
yard here. The deed restrictions and covenants before you tonight, sections 12.29 and
12.30 call out the cities only line of defense for what is right. The Covenants, Condi-
tions and Restrictions before you tonight are flawed and will allow the conservation
area be destroyed, one lawn mower swipe at a time.
From the perspective that your entire city is concerned, the mindset is that the
SJRWMD is the final authority on this type of situation. This is wrong and misplaced.
Although Winter Springs code is always less restrictive than the SJRWMD guidelines,
it should not be that way. Therein lies the problem. The intent of the WMD permit proc-
ess is to establish a minimum standard, and each local government is to adopt their
own stricter standards necessary to protect their specific resources. Parkstone will not
be the last place your city faces these tough decisions. As the rest of the south shore
of the lake is proposed for development you will have to deal with this again and again.
Not only must you make the right decision about Parkstone tonight, you must also set
the stage for all future proposals.
The rest of the perimeter of Lake Jesup, outside your city, is surrounded by conserva-
tion, public and rural land use designations. This is in response to endless work to pre-
serve the resource that is Seminole County's greatest asset. Its value is in its natural
lands buffers and unbroken shoreline. Many millions of dollars have been spent to pre-
serve this for fu-
ture generations.
But not in Winter
Springs. In stead
your future land
use map depicts
urban intensity de-
-:a-
y.
July 27, 1999
Page 2
velopment right up to the minimum jurisdictional lines that other agencies will allow. No part of your Compre-
hensive Plan. actually addresses with any clarity how Winter Springs is participating in protecting Lake Je-
sup's ecosystem and shoreline vegetation. Because of this, the developer of Parkstone has ,been able to
bring to you the project that you are voting on tonight. Left as it is, this project will remove all ecological value
that the SJRWMD permit has attempted to preserve. This is up to you to straighten out tonight, right now. If
this proje.ct is allowed to move forward as written, the destruction of the entire shoreline ecosystem within the
city's jurisdiction'vV.i!Uollow. The precedent will be set. It is up to you tonightto_make it end here.
What follows are a few suggestions that would help offset the problems at Parkstone, making it possible to
move it forward tonight, if that is what you choose to do. The covenants and conditions could be modified
slightly and provide a much greater margin of protection for the perpetual conservation status of the lakefront
buffer.
In section 12.29, the followinq lanquaqe should be added........ '~ 6-foot high green chain link fence be
constructed along the landward edge of the 25-foot upland buffer to prevent the homeowner from encroach-
ing upon the conservation or upland "treatment" portion of the parcels. This fence is to be contiguous along
the entire perimeter of the lakeshore protection zone and remain unbroken and maintained in perpetuity by
the homeowners association. It is the city's obligation to inspect and document the integrity of this fence
regularly in the future. The homeowner is to be clearly instructed in writing by the seller as to the fact they are
not allowed to encroach or alter any of the land, trees, vegetation or waters within the protected area, regard-
less of where the parcel property line may fall. Clear written confirmation that the landowner does NOT have
riparian rights to the waterbody, must be presented to the buyer at the time of sale, and each subsequent
sale of the lot, in perpetuity. "
In section 12.30, the followinq lanquaqe removed. All text after the words "Lake Jesup" should be re-
moved. This ends once and for all the contention that each landowner has some vested right to clear the
shoreline vegetation and upland buffer, or to traverse or construct walkways or docks. . Remember that the
intent of the permit issued to this project is to maintain a functioning ecosystem and protect all of it, including
the 25' upland buffer from ANY impacts of development.
If it would help clear up any questions you might have, the staff member at the SJRWMD that negotiated and
approved the permit with the developer of Parkstone will gladly come to explain what exactly the intent and
expectation of this conservation area is. He also can help with some model language to bring your city code
up to speed as far as dealing with these permit enforcement issues.
As for the future of these types of projects along the lake's shore, it would serve the city well to not allow proj-
ects to depict the property lines of the lots to extend to the lake through conservation areas. If your city
should so choose, those properties called out in these permits could be transferred in title to an agency
tasked with preservation, thereby reducing the city's obligation to enforce the permit restrictions in perpetuity.
The chain link fence requirement should be invoked in all cases where any lands have been designated for
conservation purposes, including those already approved like Battle Ridge and St. Johns Landing. All of the
above suggestions will have to be put into practice if the goal of preserving the lake from the impact of urban
degradation is to be realized.
We, the Friends of Lake Jesup implore your city to come onboard with the rest of our county and region in
protecting this great lake for our descendants. We are here to help you in any way we can. Please feel free
to call upon us and to exercise your option to participate on our team. Only with your help can Lake Jesup
become the asset it could be, without your help it will be impossible to realize the dream.
Respectfully,
ROBERT KING, Chairman