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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. 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(/) ././ aUl ./ NW,/ o ~ \..0<;>'<..1- '<..\) ./ ./ W W t>-"'c,'<..\ '0",\..\5\ '0"'\\ ' (/) I l..?~O"'r.. t 0?-'<..5\ ~ ~ ~ t/6 ot>-~ OW \..0 0::0:: 0..'-' -- )~ - - - ...- - - - - - -- - - 1\'10",,/>.5 ~ILI..I/>.""S 7 07_':/2.7-273 \I''f~/>.~ toR(51 IJ\'III LOI~ Roet.~10~~i~~~027' \I'~o 'f.. tORt.SI IJ\'III Lif..~ . 01. (5\..1>-"'" ft.Rlti\'l~~~~~\'lLISlt.O I LOi 4-7 o/>.'f.. fORt.51 1J\'l1 ~ ~ ~ ~~ ~ a: ~ .. '" i at" 0,- ..~ ~n~ OVl !'" atoll J. ." ~ . i.g~ ~ a'" c1Sg.d;! .w _:!I 0_ ~J. :!!6 ~~ 00' .;:: <:'"~ ~c~~ ~a .2~o ma >- < := z ~ B a:: < C::l U := g ~~~ Z C::l W W :::t (f) - lJ.J o (f) a.. <{ () w 0:: a.. ~ .~ U J,.c ~ C-' i ~ ~ ~ g d I i i i : .~ ~ 50 0 - z ~ ~ l .LJS1HX3 3/1't'Il11U 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.