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HomeMy WebLinkAbout2007 04 09 Regular 601 Crockett Corner Subdivision CITY COMMISSION AGENDA ITEM 601 Consent Information Public Hearin Re ular x April 9. 2007 Meeting Pr/ MGR. / /Dept. @!J;J- t/ REQUEST: The Community Development Department requests the City Commission hear and review the final subdivision/engineering plans for the proposed Crockett Comer Subdivision. PURPOSE: The purpose ofthis agenda item is to hear and review the proposed final subdivision / engineering plans for the 4 lot single family residential subdivision, on 1.3 acres at the west end of Panama Circle, adjacent to both the Casselberry City boundary to the west and the Foxmoor Unit 3 single family residential subdivision to the east. APPLICABLE CITY CODES Section 9-10. General Criteria for Approval. Section 9-46. Filing and contents of preliminary map and plan. Section 9-71. When final development plan is to be filed; extension. Section 9-72. Processing of final plans. Section 9-73. Form and contents of final development plans. Section 9-74. Action on final development plan; expiration of approval. Section 20-317. Application for construction. April 9, 2007 Regular Item 601 Page 2 CHRONOLOGY: March 26, 2002 - City received preliminary subdivision plan application package April 22, 2002 - Staff review August 14, 2006 - Final subdivision package submitted (current project engineer) September 5,2006 - Staff review December 19, 2006 - Revised plans received staff review January 10, 2007 - Revised plans submitted March 7, 2007 - P&Z recommended approval CONSIDERATIONS: The wooded 1.3 acre site is located at the west end of Panama Circle, between the Foxmoor Unit 3 subdivision and the City of Casselberry. There is an existing masonry wall along the western boundary of the site, separating it from the City of Casselberry. The site has a Low Density Residential (LDR) Future Land Use (FLU) designation and is within the R-I zoning district. Pursuant to Section 9-10 ofthe City Code, as amended by Ordinance No. 2006-11, all lots are larger than other R-llots within 1,000 feet of the site (of the 194 lots within 1,000 feet, the arithmetic mean is 8,730 SF; the proposed lots are 8,732,8739, 10,118, and 14,714 SF). All lots exceed the 60' width at the building line requirement for the zoning district. Central water (a 4" diameter line) will be extended in a circle around the cul-de-sac connecting to an existing 6" diameter line in the Panama Circle right-of-way. Sewer will be connected to the existing 8" diameter sewer main that ends in a manhole on the site (in what is proposed to be the cul-de-sac). The treed site contains no wetlands or floodplain area, but does contain a number of gopher tortoises, an animal species listed by the state as a species of special concern. Based on a site review performed by the developer's environmental consultant, Breedlove, Dennis, & Associates, Inc., the site has an estimated population of34 gopher tortoises. It is staffs recommendation that all gopher tortoises on-site be saved and relocated, pursuant to all applicable state regulations. At the Planning and Zoning Board meeting, ecologist Bruce Biltgen, Director/Senior Scientist, at Breedlove, Dennis & Associates, stated that the tortoises would be relocated to the Colbert-Cameron mitigation bank in V olusia County (one of about 10 mitigation sites within the state, authorized by the Florida Wildlife Conservation Commission for relocation). Although the site is treed and contains one 24" diameter oak tree, the uneven topography and the need to re-grade the entire site renders the idea of on-site tree protection unattainable. Two (2) storm-water swales will be dedicated to the homeowners' association for ownership and maintenance. They will be accessed from the cul-de-sac through easements along the sides of the proposed residential lots. No traffic study was required for the subdivision. Four single family lots can be expected to generate 38 (4 x 9.57) average trips per day, based on statistics from the Institute of Traffic April 9, 2007 Regular Item 60 I Page 3 Engineers (Trip Generation, ih Ed.). A trip is a single or one-directional vehicle movement with either the origin or the destination (exiting or entering) inside the subject area. No street light plan is available due to delays with the power company. Staff would recommend, due to the small size of the site (1.3 acre) and the known delays in getting a lighting plan, that engineering site acceptance be conditioned on a the receipt of an acceptable lighting plan and that placement of streetlights be according to that plan. The final subdivision plat should not be recorded before a lighting plan is approved by the City and a street light installed by the power company. If the power company were to determine that no additional light is needed, this should be documented to the City and no lighting required. At the Planning and Zoning Board meeting, the applicant requested that the subdivision be phased to allow the cul-de-sac and lot 4 (north side) be developed first and the proceeds from the sale of that lot be used toward off-setting the cost of relocating the gopher tortoises, most of which are in the southern portion ofthe site. Under the proposal, all of the gophers would be relocated, but like the development, the relocation would be in phases. In the first phase, the tortoises in the north would be relocated and southern portion would have been partitioned off to keep the gopher tortoises in the southern portion from wandering into the construction area. Staff did not object to phasing the project, as long as all ofthe gopher tortoises were adequately protected until they would be relocated to a site or sites approved by the Florida Wildlife Conservation Commission (FWC - formerly Florida Game and Fresh Water Fish Commission). The object was and is to save the gopher tortoises, regardless of phasing. A close examination of the site topography and the required drainage improvements rendered the phasing proposal impractical. Therefore, the subdivision is proposed in one phase. FINDINGS: 1. The subdivision will connect to City potable water and sanitary sewer. The City has adequate capacity in both. 2. The site includes existing trees (including one specimen tree) and gopher tortoises, a listed animal species. 3. The 1.3 acre site is within the R - I zoning district, has a Rural Residential Future Land Use. 4. The proposed subdivision is consistent with the City Code, subject to providing the street light plan and light. 5. Staff recommends that all ofthe gopher tortoises be saved and relocated to a state-approved site or sites, acknowledging that the Florida Wildlife Conservation Commission will issue the final disposition of the issue. April 9, 2007 Regular Item 601 Page 4 P&Z ACTION: At its March 7, 2007 meeting, the Planning and Zoning Board voted 4-1 to recommend approval of the Crockett Comer final engineering/subdivision plan, subject to the safe relocation of all of the gopher tortoises, done in one or more phases, if approved by the state [Florida Wildlife Conservation Commission]. RECOMMENDATION: The P&Z Board and staff recommend approval ofthe final subdivision/engineering plan for the Crockett Comer Subdivision, subject to relocation of all onsite gopher tortoises. Staff further requests approval be conditioned upon provision of a street light plan and a street light before engineering site acceptance or platting, unless the power company determines no additional lighting is necessary. ATTACHMENTS: A. B. C. Draft P &Z Minutes P&Z Dissent Opinion Final subdivision plans COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND WNING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 7 OF 11 # ATTACHMENT A REGULAR AGENDA REGULAR 300. Community Development Department Requests The Planning And Zoning Board Hear And Review The Final SubdivisionlEngineering Plans For The Proposed Crockett Corner Subdivision. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and displayed a PowerPoint presentation of the property site. Mr. Baker said, "There are some gopher tortoises - estimated to be thirty two (32) to thirty four (34) gopher tortoises and that is one (1) of the issues that we have. There is one (1) twenty-four inch (24") specimen tree on the site located in the proposed Lot 4. Typically, we are for saving trees but in this case, the Arborist [Mike Mingea] has determined that because of the grading that will be necessary, that it is impractical to save that tree. So, we are recommending that the tree - not attempt to try to save it." Mr. Baker then said, "They meet all of our standards for site development. They are consistent with the City Code. They do need to check with the power company about lighting." Mr. Baker stated, "So, we will want to defer provision of the Lighting Plan until site acceptance by the Engineering Department. We have in the recommendation a provision for relocation of the gophers." Mr. Baker stated, "We do recommend approval of the subdivision with the provision for the delay with the street light and then - protecting the gophers whether they are preserved on sight or relocated in phases or otherwise." Discussion ensued on the relocation of gopher tortoises. Mr. Stevenson said, "I just want to clarify that any recommendation of Approval for this Board would have to be conditioned upon one (1) of two (2) things happening. The State - managed mitigation of the gopher tortoises all at once or in a phased matter." Discussion. Ms. Sherri Fragomeni, P.E., President, Fragomeni Engineering, Inc., 4985 Hoffner Avenue, Orlando, Florida: spoke briefly to the Board Members on the property site. Advisory Board Member Brown stated for the Record that all the gophers should be removed. "I WOULD LIKE TO ENTERTAIN A MOTION THAT WE APPROVE AS WRITTEN WITHOUT THE AMENDMENT." MOTION BY ADVISORY BOARD MEMBER RYSER SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 8 OF 11 Ll~ BRUCE BILTGEN, DIRECTOR/SENIOR SCIENTIST, BREEDLOVE, DENNIS & ASSOCIATES, INC., 330 WEST CANTON AVENUE, WINTER PARK, FLORIDA: DISTRIBUTED A HANDOUT TO THE BOARD MEMBERS OF THE LOCATIONS OF THE GOPHER TORTOISE BURROWS ON THIS SITE. MR. BILTGEN SAID, "THE AREA OF LOT 4 AND THE CUL-DE-SAC HAS A NUMBER OF BURROWS. IT ACTUALLY HAS TWO (2) BURROWS IN IT AND WHAT WE WERE PROPOSING TO DO AND FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) DOES ALLOW YOU TO DO A PARTIAL RELOCATION. WE WKRE GOiNG TO PROPOSE TO ACTUALLY DEVELOP THE CUL-DE-SAC AND LOT 4 AND RELOCATE THE TORTOISES THAT WOULD BE AFFECTED BY THE DEVELOPMENT OF THE CUL-DE- SAC IN LOT 4. DEVELOPMENT REGULATIONS FROM FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) REQUIRE THAT YOU STAY AT LEAST TWENTY-FIVE FEET (25') AWAY FROM THE ENTRANCE OF A BURROW. THEREFORE, USING THE DEVELOPMENT PLAN THAT HE HAS, ANY BURROW THA T IS WITHIN TWENTY-FIVE FEET (25') OF EITHER THE CUL-DE-SAC OR LOT 4, WOULD BE RELOCATED. FOR PARTIAL RELOCATION, YOU ESTABLISH A SILT FENCE AND YOU - AROUND THE PROPERTY - SO YOU DO NOT ALLOW TORTOISES TO MOVE BACK ONTO THE PROPERTY DURING CONSTRUCTION ACTIVITIES. THAT IS THE TYPICAL WAY THAT YOU WOULD DO IT. YOU WOULD GO OUT AND RELOCATION - WOULD BE TYPICALLY BY USING A BACK HOE. YOU DIG UP EACH BURROW, YOU VERIFY WHETHER OR NOT THERE IS A TORTOISE IN THE BURROW OR NOT. YOU HAVE TO TAKE IT OUT, YOU HAVE TO MARK IT. IT HAS A NUMERICAL IDENTIFIER THAT YOU ETCH INTO THE SHELL, YOU HAVE TO WEIGH THEM, YOU HAVE TO SEX THEM AND THEN YOU HAVE TO TAKE THEM TO A MITIGATION SITE. AND IN THIS CASE, IT WOULD BE COLBERT-CAMERON [MITIGATION BANK] - IN VOLUSIA COUNTY. THEY DO HAVE ROOM FOR TORTOISES. IT IS ONE OF THE FEW SITES AROUND HERE THAT WE CAN ACTUALLY RELOCATE TO. I WANT TO POINT OUT THAT FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) CURRENTLY HAS PURCHASED - 1.3 MILLION ACRES FOR RELOCATING GOPHER TORTOISES, HOWEVER, NONE OF THAT PROPERTY IS A V AILABLE TO ACTUALLY RELOCATE. eIn OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND WNING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING ~ MARCH 7, 2007 PAGE 9 OF I I lMW THERE ARE CURRENTLY - ABOUT TEN (10) MITIGATION SITES IN THE STA TE OF FLORIDA THAT ARE BANKS AUTHORIZED BY FWC (FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION) AND THERE IS ROOM FOR ONLY PROBABLY ABOUT FOUR HUNDRED (400) TORTOISES WITHIN THOSE BANKS. SO, YOU CAN SEE THAT THERE IS A HUGE PROBLEM IN TERMS OF RELOCATING TORTOISES TO APPROPRIATE SITES." MR BIL TGEN THEN SAID, "THAT IS WHAT WE WOULD LIKE TO DO AT LEAST ON THIS SITE AND THAT IS TO DO THIS PARTIAL RELOCA TION." DISCUSSION. Note: Due to audio difficulties, some portions were not recorded. VOTE: BOARD MEMBER KARR: NAY CHAIRMAN POE: NAY BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: NAY BOARD MEMBER BROWN: AYE MOTION DID NOT CARRY. ADVISORY BOARD MEMBER KARR SAID, "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL OF THE FINAL SUBDIVISION ENGINEERING PLAN FOR THE CROCKET CORNER SUBDIVISION SUBJECT TO THE SAFE RELOCATION OF ALL..." CHAIRMAN POE SAID, "...DO I UNDERSTAND YOUR MOTION TO BE AS RANDY [STEVENSON] DECRIBED A FEW MOMENTS AGO THAT THE RELOCATION OF THE TORTOISES FROM THIS PROPOSED PROPERTY BE DONE EITHER IN A SINGLE STAGE AND OR IN A PHASED STAGE IF APPROVED BY THE STATE." ADVISORY BOARD MEMBER KARR SAID, "YES. THAT IS BETTER." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY CHAIRMAN POE. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER BROWN: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER RYSER: NAY MOTION CARRIED. Chairman Poe asked the Board Members that Voted in opposition for a written statement. CITY OF WINTER SPRINGS. FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDfLOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 10 OF 11 ~ Chairman Poe said, "There were three (3) oppositions, so the Vote failed on the first. So, the three (3) opposing Votes still need to make a statement, do they not?" Chairman Poe asked, "Or would it just be on the second Vote?" Mr. Stevenson said, "I am not sure. I would have to check with Anthony [City Attorney Garganese]." CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The February 7,2007 Regular Meeting Minutes. "I MOVE THA T WE APPROVE THE MEETING MINUTES FROM THE FEBRUARY 7th, 2007 REGULAR MEETING OF THE PLANNING AND ZONING BOARD, AS CIRCULATED." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER RYSER: AYE CHAIRMAN POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Not Used. Chairman Poe referred to a Memorandum from City Manager Ronald W. McLemore dated March 7, 2007 regarding a Joint Meeting. Chairman Poe said, "At that Meeting - the LP A [Local Planning Agency] had requested a Joint Meeting to be held with the Commission to review and refine this document prior to its Transmittal. Staff asked that the Commission determine a date in mid April to hold this Joint Meeting." Ms. Sahlstrom said, "I would like input to be able to share with them [City Commission] or input that could be passed on to them as to when' that Meeting could be best held for your convenience." Chairman Poe said, "I personally am open." Ms. Sahlstrom said, "Okay." Tape 2/Side A / ATTACHMENTP PLANNING & ZONING BOARD AGENDA ITEM 300 Consent Information Public Hearin Re ular X March 7. 2007 Meeting MGR. /Dept. REQUEST: The Community Development Department requests the Planning & Zoning Board hear and review the final subdivision/engineering plans for the proposed Crockett Comer Subdivision. PURPOSE: The purpose of this agenda item is to hear and review the proposed final subdivision / engineering plans for the 4 lot single family residential subdivision on 1.3 acres at the west end of Panama Circle, adjacent to the Casselberry City boundary to the west and the Foxmoor Unit 3 single family residential subdivision to the east. APPLICABLE CITY CODES Section 9-10. General Criteria for Approval. Section 9-46. Filing and contents of preliminary map and plan. Section 9-71. When fmal development plan is to be filed; extension. Section 9-72. Processing of fmal plans. Section 9-73. Form and contents of fmal development plans. Section 9-74. Action on fmal development plan; expiration of approval. Section 20-317. Application for construction. ~ p>p;:;tU;./1J 6 /)dJ.6 no1:- prtJr/d,~ "fVi/pctY&/~ . de~~IJ6X'cnJ j-hd;>j- ~ l/}1./oL-L-CC?~. . 6-~~tu ;O~/"-a ~ rf-tJA..iLo~~ .(A)tJl}(J pr~~.j2I'~t:J ~ ~J}') ifrkJ/kJ /JIJ,au/->ffln...). I ~ /10& ~' CLJlrrftrr6.:>h1.v 6!!?P/'OYI he, U)Jh oJ::; ~D;::}.Lr}~ frY~;'d. A (f O-r'~ tVhL/ILvV~~ t:;v fl'!blV/J'-"~- ~,~ .jJ~ wC<.S. c9 ~~ P<.dd L~ k ~ ~ an d \$f~ h.:>oI /1D f::t0rtuio ~ ~ Date: April 9, 2007 The attached was distributed during the discussion of Regular "601" at the April 9, 2007 City Commission Regular Meeting.