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HomeMy WebLinkAbout2000 10 16 City Commission Workshop Minutes (2) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP OCTOBER 16, 2000 I. CALL TO ORDER The second Workshop of October 16, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 8: 34 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). II. MEETING AGENDA B. Community Development Department Requests The Commission Conduct A Workshop On The Need For Changes To The Code Of Ordinance Related To Wetlands, Conservation Areas And Docks As Determined By Breedlove, Dennis & Associates Inc. And As Related To Floodplain Management As Prepared By CPH Engineering, Inc. Mayor Partyka stated that everyone was in attendance except for Deputy Mayor Cindy Gennell. Mr. Charles C. Carrington, AICP, Community Development Department Director explained that this is a two (2) part Workshop: "The first part of the Workshop deals with possible Code violations related to wetlands, conservation areas, docks; and the second part of the Workshop will deal with floodplain management. A lengthy document was handed out to the Commission. Commissioner Edward Martinez, Jr. and Commiss.ioner Robert S. Miller both voiced their concern with getting the document as the Workshop was just about to start. Dr. W. Michael Dennis with Breedlove, Dennis & Associates, Inc. explained that the document was provided for informational purposes only, and really should be reviewed after the Workshop. Dr. W. Michael Dennis, President, Breedlove, Dennis & Associates, Inc.: explained that "What we were commissioned by you all to do was to look at the current wetland Ordinances on the books, here in the City of Winter Springs, and evaluate those and make recommendations." Dr. Dennis then gave a presentation to the Commission on this subj ect. Commissioner Michael S. Blake spoke to Dr. Dennis about "Enclaves along Lake Jesup that may come into the City, at a later date." Dr. Dennis stated that "We are mindful of that. We have a recommendation that addresses that." Commissioner Martinez added, "If we do establish or develop some sound regulations now, when they do come into the City, if they do decide to annex into the City, they will have to follow these rules and CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 16, 2000 (FLOODPLAINS) PAGE20F 5 regulations or Ordinances that we have in place. Correct?" Dr. Dennis agreed and said "Correct. Yes." Dr. Dennis advised the Commission that the Corps of Engineers and the St. Johns River Water Management District have "Extensive regulations that deal with any - placement of any fill material, in wetlands. So, anybody that wants to put any fill material in wetlands, has to get a permit, from not one, but both of those agencies." Further discussion ensued on mitigation. Ms. Penny Copel: discussed the City's Comprehensive Plan; and "Special areas of concern" such as the City identifying "Lake Jesup, where you have identified a minimum upland buffer recommended at 50 feet (50')." Commissioner Miller asked about the reference to the 50 foot (50') buffer, and asked if "Staff could reconfirm that, at some point in the next couple of weeks, that it is fifty (50) - plus seventy-five (75)." Further discussion ensued on buffers; wetlands; permits; Orange County's staff; and the City of Orlando's Growth Management Plan relating to environmentally sensitive lands. Dr. Dennis stated that "We do not recommend that you set up a program that duplicates what these other agencies are doing." Dr. Dennis then stated, "If you as a City decide to adopt additional Ordinances, that you do that with the view of looking at any particular or unique circumstances, resources that are in the City," that need a different and unique type of protection. Furthermore, Dr. Dennis advised the Commission, "We would recommend that you schedule periodically, and we suggest twice a year, that you and/or your Staff meet with the St. Johns River Water Management District and review Wetlands issues, environment issues that they regulate with particular reference to concerns that the City has." Dr. Dennis further suggested that "Any of these undeveloped projects that come in, you require a wetland line that is approved by the Federal or State agencies, and you should require that early in the process, so you will know what you are dealing with." Regarding boat docks, Dr. Dennis suggested that "You request the applicant for any proposed Boat dock, bring their boat dock plan in for review to see if it complies with the Ordinances that you have on the books now." Additionally, Dr. Dennis suggested, "When you look at annexing additional property, that you look at and request an environmental evaluation of that property, at the time of annexation." Discussion then went to buffers, and Dr. Dennis explained that "You need to look at buffers on a case by case basis, and set the buffer for what your purpose of the buffer is. The State has established a minimum fifteen foot (15') average twenty-five foot (25') buffer. In most instances, that will provide enough buffer to do some treatment for run- off, keep the bulldozers out of the wetlands and provide some upland habitat." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 16,2000 (FLOODPLAINS) PAGE 3 OF 5 Commissioner Martinez spoke to Mr. Dennis about his concerns with being particular and he did not feel that we should have a statement in the Comprehensive Plan that says we defer to other agencies. Dr. Dennis agreed and said to Commissioner Martinez, "You're absolutely right, that with the identification of those special or unique types of wetlands to the City, that Ordinances could be brought forth and more stringent regulations placed on them." Furthermore, Commissioner Martinez stated that "This Commission should be provided with information on every application that comes into the City, from the very beginning, so we can be aware of where that application is going." Discussion ensued on other municipalities; county offices; and regulations. Tape I/Side B Further discussion followed on wanting more suggestions for the Commission to consider and implement; boat docks; and the Parkstone development. Dr. Dennis spoke to Commissioner Miller about his suggestions and stated that "If you look at future annexations, look at what you're annexing, see if the natural area is a part of some sort of corridor existing thing that may lead to future annexations and maybe think of a plan." Discussion ensued on protecting the environment; the wetlands along Lake Jesup; buffers; and additional regulations. Commissioner Miller asked, "Have the wetlands actually dried up, because the recharge has been totally exhausted because it wasn't able to get to Tampa fast enough from the hundred miles away, from the sand dunes?" Dr. Dennis clarified that some of the previous comments by Commissioner Miller were correct, and some were incorrect. Discussion. Mr. Ronald W. McLemore, City Manager said, "I know the dock issue is a big issue, and that in your opinion, you're saying we don't need to do anything further with docks because they have been regulated by the Water Management District, and particularly DEP in this case." Dr. Dennis added, "And your own regulations." Manager McLemore then added, "I just wanted to know that you've looked at that and you said, you really - from your jurisdictional perspective, don't need to do anything else." Mayor Partyka stated, "That's what he said." Dr. Dennis then stated that "If there are legal kinds of issues, that you all can address or want to address from a legal land use prohibition standpoint, then that's something that would need to be looked at and looked at in the light of taking these issues." Commissioner Martinez stated, "I have suggested that we change the Ordinances in place to accommodate what the law calls for." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 16,2000 (FLOODPLAINS) PAGE4 OF 5 Mayor Partyka summarized "I think number one, the goal for all of us here is we want to make sure we protect our water and environment. That's, I mean that's the number one goal for all of us here. And number two, the issue of the whole point of this whole study was real simple, do we need to change our regulations? Do we need to add more regulations to protect our water, protect our environment, over and above what we have right now, and the simple fact of the matter, just based on your comments and your recommendations, you're basically saying 'no changes.' And outside of a few unique things that we mayor may not have, and you can do something special on that, but based on everything that we know, there's nothing very, very unusual here in Winter Springs, versus any other wetlands area throughout Seminole County. So one additional thing is talk a little bit more with St. Johns and in terms of again, the crux of this issue, do we need to change anything? My position is we have everything in place to protect our environment to the best that we can." Regarding the wetlands issue, the consensus of the Commission was to "Delay this." Mayor Partyka suggested that Manager McLemore put this on the Agenda at a later date, perhaps at the first Meeting in November, after the upcoming Election. Mayor Partyka thanked Dr. Dennis and Ms. Copel for their presentations. As several Commissioners needed to leave, the next presenter was asked to give a short presentation. Commissioner Martinez departed at 10:14 p.m. Mr. Terry Zaudtke with Conklin, Porter and Holmes Engineers: spoke on floodplains, and showed several related maps to the Commission. Mr. Zaudtke advised the Commission that he had considered this matter "And approached it from the aspect of what would need to be changed in your existing Ordinance to remedy some of the problems that were foreseen and to bring the Code, or actually the Ordinance up to date with the Federal Model Ordinance. And, of those issues - we have the same problem as in the wetlands issues, in that most of the area is already developed around the floodplain and so your Ordinance will affect only really those properties along Lake Jesup. However, there is always the chance of redevelopment. " Regarding the proposed Ordinance, the concern was that Section eight (8) corresponded with Section nine (9), which "Section nine (9) required that the minimum floor elevation could be eighteen (18) inches above base flood elevation." Mr. Zaudtke then explained that they eliminated "Any encroachment or any building in the floodway in Section eight (8). Commissioner Blake inquired, "Would that include any grade changes in the floodway?" Mr. Zaudtke stated that "In the floodway, there would be no changes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - OCTOBER 16,2000 (FLOODPLAINS) PAGE 5 OF 5 Commissioner David W. McLeod asked about page ten (10) and asked if it should be stated that "Variances shall only occur - outside of floodways." Mayor Partyka asked that this be included, which would further document this consideration. Further discussion ensued on tidal waters. Commissioner Blake asked City Attorney, Anthony A. Garganese, "Some of the change that we're making, or that we may make if we adopt these suggested recommendations, would they cause any property rights issues on those properties that once we were able to develop into the floodway, that now would not be able to?" Attorney Garganese stated, "Would it create a property rights issue? It would be a new regulation that would be subject to the Bert Harris Property Rights Act." Attorney Garganese stated, "I could look at more of the specifics with Terry and get back to you on that, before we present the Ordinance for your consideration." Commissioner Blake thanked Attorney Garganese. Manager McLemore advised those in attendance that "If anything, we could bring it to the Commission for,- formal decision." Manager McLemore then stated, "There was a condition under which a permit as in the floodway, if you could prove that you did not cause - by creating more area, if you didn't cause a rise of a certain percentage. And that's what has been done away with, correct?" Mr. Zaudtke stated, "Yes. In the floodway. That's still allowed in the floodplain." Manager McLemore stated, "That becomes the main issue relative to the Bert Harris Act." Further discussion on flood models and floodplain cross sections. Commissioner Miller asked Mr. Zaudtke for further information related to the "Friction factor." Mr. Zaudtke then stated, "If you make changes to the Section eight (8), you should also make changes to that piece of Section nine (9) that refers to the floodplain Ordinance. " Mayor Partyka then said that "Based on the comments here, I guess we would put this on the Agenda, not for next Commission Meeting, but the following Commission Meeting." III. ADJOURNMENT Mayor Partyka adjourned the Meeting at approximately 10:31 p.m. ""'~... ,_."{.+"'7::-=;;:_ , . ,.::... , . 4,. ~... "' - '\ >." Respectfully Submitted By:~ )t"ndre.d~[bltenzo-iua.ces CifJ3~J!lerk L'~ .'. ~ ;' ; ,. "--; ,. .'