HomeMy WebLinkAbout2000 04 10 Regular A Tuscawilla Trail Segment Realignment
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
xx
April 10.2000
Meeting
MGR. I~ /D~_
/
REQUEST: Community Development Department, Land Development Division, presents to
the Commission, at their request, the Regular Agenda Item D of the Commission
Meeting of March 13, 2000 which is a request of Mr. Manny Garcia to realign a
segment of Tuscawilla Trail (a private road) which does not meet City Code.
PURPOSE: The purpose of this agenda item is the Commission's desire to discuss/reconsider
the request ofMr. Manny Garcia to realign a segment of Tuscawilla Trail. The
existing Tuscawilla Trail does not meet City Code and the realignment will also
not meet Code requirements. Tuscawilla Trail is located south of The Church of
the New Covenant (Episcopal Church) and west of Tuskawilla Road.
FINDINGS: 1) This request was discussed and acted upon at the Commission Meeting of
March 13, 2000 (minutes attached as Attachment B).
2) All information submitted in the Regular Agenda Item D package for the
March 13, 2000 Commission Meeting (attached as Attachment A) is still valid.
RECOMMENDA TION:
The recommendation is that the City Commission approve the realignment of a .
segment of Tuscawilla Trail and that it not meet the standards of a public road
and that the requirement for sidewalks be waived. Further, as the Commission
stated, the affected property owners abutting the property shall furnish a notarized
statement of no objection to the realignment.
April 10,2000
REGULAR AGENDA ITEM A
Page 2
ATTACHMENTS:
A
- March 13, 2000 Regular Agenda Item D (Commission Agenda)
B
- Commission Meeting Minutes of March 13,2000 relating to the
Regular Agenda Item D
COMMISSION ACTION:
ATTACHMENT A
April 10, 2000 Meeting
, .
COMMISSION AGENDA
ITEM D
Consent
Information
Public Hearin
Re ular XX
MGR.~~
March 13, 2000
Meeting
REQUEST: Community Development Department, Land Development Division, presents to
the Commission for their action the request ofMr. Manny Garcia to realign a
segment ofa Tuscawilla Trail (a private road) which does not meet City Code..
PURPOSE: The purpose of this agenda item is to present to the Commission for their action
the request ofMr. Manny Garcia to realign a segment of Tuscawilla Trail. The
existing Tuscawilla Trail does not meet City Code and the realignment will not
meet City Code either. The location of Tuscawilla Trail is located south of the
Episcopal Church and west of Tuskawilla Road.
APPLICABLE CODE:
Section 9-175. Private streets.
..... Private streets shall meet design/construction and inspection standards
established for public streets unless waived by specific council action.
Section 9-221. Sidewalks.
(b) Sidewalks shall be required in all developments unless the city commission
determines it to be in the interest and welfare of the environment to exempt same.
FINDINGS: 1) Tuscawilla Trail serves ten (10) residences and is not a through road. Seven
(7) residences are in Tuscawilla Unit 5 subdivision and three (3) residences are in
Tuscawilla Trail subdivision.
March 1 3, 2000
Regular Agenda Item D
Page 2
2) Tuscawilla Unit 5 subdivision was platted August 9, 1976 and Tuscawilla Trail
subdivision was platted April 10, 1989.
3) Tuscawilla Trail (the road) is a thirty (30) foot ingress and egress easement and
also a utility easement. There are no sidewalks on this road.
4) The plans were reviewed by the Public Works/Utility Director and the Land
Development Coordinator and no objection to the proposal was offered.
5) The existing thirty (30) foot easement fronting Lots 3 and 4 will not be
vacated.
6) The segment to be realigned represents approximately one-third of Tuscawilla
Trail (the road).
7) Code requires the Commission waive the requirement that a private road meet
the standards of a public road. Code also requires that the Commission waive the
requirement for sidewalks ifit determines that it is in the welfare and interest of the
environment.
8) Engineering will have to be approved prior to construction.
FUNDING: None required.
RECOMMENDATION:
The recommendation is that the City Commission approve the realignment of a
segment of Tuscawilla Trail and that it not meet the standards of a public road
and that the requirement for sidewalks be waived.
ATTACHMENTS:
A - Plat depicting Tuscawilla Unit 5 and Tuscawilla Trail subdivisions
B - Conceptual rendition of the segment realignment
COMMISSION ACTION:
ATTACHMENT A
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ATTACHMENTB
April 10, 2000 Meeting
,
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 13.2000
Page 10 of 16
"I'LL MAKE THE MOTION." MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED BRIEFLY
ON HOW THE PROGRAM WOULD BE FURTHER IMPLEMENTED.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
D. Community Development Department - Land Development Division
Presents To The Commission For Their Action The Request Of Mr. Manny Garcia
To Realign A Segment Of A Tuscawilla Trail (A Private Road) Which Does Not
Meet City Code.
:1
11
r
Mr. Don LeBlanc, Land Development Coordinator introduced this subject, and spoke of
the planned realignment of the road.
Mr. John Sikes, Blount Sikes & Associates, (Consulting Civil Engineers & Surveyors),
3032 Mercy Drive. Orlando, Florida: discussed an exercise trail; natural growth;
engineering; waivers; Mr. Garcia to approve the alignment; approvals; whether an
agreement from all property owners affected by this change should be considered;
keeping the neighbors happy; whether an easement will be recorded on the property for
perpetuity; acceptance of the easement; and other neighboring properties.
Further discussion included altering the road; changing the width; and what Attorney
Garganese thinks about this issue. Attorney Garganese spoke of the provisions of the
code; arbitrary arguments; the legal standpoint; sidewalks; fire suppression; the width of
the road; accommodating emergency vehicles; who had reviewed this proposed plan; the
entry from Tuscawilla road; concerns with the engineering of the road; would it come
back to the Commission for further approval; the approval of the road; and whether the
road should have a larger easement.
Mayor Partyka commented that the lights on the dais were not working properly.
"I MOVE THAT THE CITY COMMISSION APPROVE THE REALIGNMENT
OF THAT SEGMENT ~ SEGMENT OF TUSCA WILLA TRAIL, INCLUDING A
FIFTY (50) FOOT EASEMENT AND SUBJECT TO A NOTARIZED
ACKNOWLEDGEMENT OF ALL PARTIES ALONG THE ROAD, THAT THEY
ARE IN AGREEMENT WITH THE CHANGES AS ENGINEERED - THE FINAL
ENGINEERING." MOTION BY DEPUTY MAYOR GENNELL.
,
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCI-113, 2000
Page II of 16
MR. LeBLANC INQUIRED, "AND YOU'VE - THIS HAS ALLOWED FOR A
PROPOSED TWELVE (12) FOOT PAVED DRIVE, AS IT'S SHOWN IN THE _ A
- TWELVE FOOT EASEMENT?" DEPUTY MAYOR GENNELL STATED,
"THAT'S RIGHT - AND A FIFTY FOOT EASEMENT." SECONDED BY
MILLER.
DISCUSSION ENSUED ON WHICH LOTS WERE INVOLVED; AND VARIOUS
LOTS IN THE OAK FOREST SUBDIVISION. MR. LeBLANC ADDED THAT
"WE WILL GET - FOR THOSE PROPERTY OWNERS ALSO - A NOTARIZED
LETTER SAYING THAT THEY HAVE NO OBJECTION. BUT, IN YOUR
MOTION COMMISSIONER GENNELL, MAY I JUST AnD ONE MORE, THAT
YOU'RE ALSO WAIVING THE SIDEWALK REQUIREMENTS?"
DisCUSSION.
Commissioner Miller left the dais at 8:35 p.nt.
Commissioner Miller returned to the dais at 8:37 p.m.
DEPUTY MAYOR GENNELL ADDED, "JUST TO HE MORE SPECIFIC
ABOUT THE LOT NUMBERS THAT ARE INCLUDED IN THE NOTARIZED
ACKNOWLEDGEMENT - IT WOULD BE 1.A, 1.0, 2, 3, 4, AND 5 OF
TUSCA WILLA UNIT 5; LOTS NUMBER 201 AND 200, OAK FOREST UNIT 2-
B; LOTS NUMBER 44,45,46,47,48 OF OAK FOREST UNIT I."
MR. LeBLANC ASKED, "LOT 44 ALSO?" DEPUTY MAYOR GENNELL
REPLIED, "YES."
Tape 2/Side A
Commissioner Martinez said, "Sir, would you say, or did you state on the record that you
wouldn't have any problem, with a fifty (50) foot easement?" Mr. Sikes replied, "No Sir,
I can't speak to that, that's something Mr. Garcia will have to answer." Brief discussion.
DEPUTY MAYOR GENNELL CLARIFIED, "THE MOTION ENTERTAINS A
FIFTY (50) FOOT EASEMENT."
The City Clerk was asked to read the Motion back.
MAYOR PARTYKA ADDED, "WITH THE LOTS, SO DESIGNATED BY THE
COMMISSION." COMMISSIONER MCLEOD THEN ADDED, "AND WHAT
ABOUT THE TWENTY (20) FOOT BUFFER?" DEPUTY MAYOR GENNELL
ALSO ADDED, "AND WAIVING THE SIDEWALK REQUIREMENT."
,
CITY or WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCI-113. 2000
Page 12 of 16
VOTE:
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mr. LeBlanc then stated, "Mr. Garcia will either go forward the way it is presented, or
instead - or you know, he'll appeal the decision - because the fifty (50) foot right of way
- he can have twelve (12) feet of pavement, no sidewalks and the edge of the fifty (50)
foot easement, next to the Oak Forest side has to be twenty (20) feet from the property
line. "
Mayor Partyka called a break at 8:44 p.m.
The Meeting was called back to order at 9:01 p.m. by Mayor Partyka
E. Community Development Department - Land Development Division
Requests The Commission To Provide Direction Relative To A Request To Develop
Property Known As Big Cypress On State Road 434 Next To The Winter Springs
Golf Club At A Density Of 16 Units Per Acre.
Commissioner Martinez suggested that this issue be postponed for two weeks, so that this
matter could be further researched.
Commissioner McLeod arrived back in the Commission Chambers at 9:03 p.m.
Mayor Partyka asked members of the Commission on their opinion of whether to proceed
with this issue, and the consensus of the Commission was to "hear the issues."
Mr. LeBlanc advised the Commission on this proposed project. Discussion ensued on the
Comprehensive Plan; Golf Terrace Apartments; Courtney Springs Apartments; density;
C-l Zoning; and the three proposed alternatives,
Mr. Sam Benson: spoke on behalf of the applicant, and stated his two concerns were the
contiguous property and the densities allowed for the contiguous property; and the
Developer's Agreement. Mr. Benson added, that "R-3 is up to sixteen (16) units per acre
- that still remains in your code."
Members of the Commission discussed whether a major Comprehensive Plan
Amendment was necessary; what happened with a similar project "Seville Chase";
conflicts with the Comprehensive Plan; "Infill District Zoning;" urban density; the
uniqueness of this property; possible future uses for this property; Wetlands and
vegetative buffers; and possibly increasing the sewer capacity.