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HomeMy WebLinkAbout1981 10 15 Board of Adjustment Regular Minutes BuARD OF ADJUSTMENT CITY OF WINTER SPRINGS OCTOBER 15, 1981 ( l; '/ y, , I I "7 ' f ij ,-.; f-)(f .- ., /> Meeting of the Board of Adjustment was called to order by Chairman Charles Chute. Andrase led in the pledge of allegiance. ROLL CALL CITY OFFICIALS: Ellen Weiss, present Al Davis, present Charles Chute, present Rick Andrase, present Bill Jacobs, present Jacqueline Koch Jack Cooper APPROVAL OF MINUTES OF OCTOBER 1, 1981. There was discussion of the previous minutes. Davis moved to not accept the minutes of October 1, 1981 as presented in lieu of having the recording secretary go over the tape again and record those pertinent parts of information that would be vital to this case should it ever become a dispute of any nature. Davis stated the minutes were inadequate and in no way representative of what took place at that meeting. Seconded by Andrase. The Chairman stated he felt the Board needed a recording secretary and that he felt there was a good chance of someone appealing this meeting. Vote on the motion: All aye. Motion carried. Letter attached was read into minutes. CONTINUATION OF REQUEST OF NOWSCO FOR CONDITIONAL USE IN ZONES R-1A AND R-1AA TO OPERATE A PUBLIC UTILITY FACILITY (LAND SPREADING OF SECONDARY SEWAGE EFFLUENT) ON 40 ACRES BEGINNING APPROXIMATELY 300 FEET NORTHEAST OF THE INTERSECTION OF SHORE AND BAHAMA ROADS. Davis asked for clarification as to the capacity of the plant. Mr. Dale Crosby, Florida Land Co., was present and stated 178,000 gallons of effluent per day could be handled by Site No.3. On Site 16 - the capacity there is 200,000 gallons per day. Mr. Crosby stated if you add those two sites to Big Cypress then you'll get the total of the sum permit they have from D.E.R. - 1.13 Million Gallons Per Day. Davis asked what the total capacity was at Big Cypress. Mr. Crosby stated the total capacity is 750,000 gallons per day. The Chairman stated Mr. Uzi Brenner had re- quested at the previous meeting on October 1st that the Board continue the above request so that he could obtain whatever technical information that he could place in opposition to the application by the North Orlando Water and Sewer Co. Mr. Brenner was called forth and was reminded he was still under oath. He stated he had further. investigated the information and had spoke to D.E.R. and that he had no obJections to the request. The Chairman stated he had a copy of an information letter signed by Ms. Beth Gregg to Ranchland neighbors and nearby homeowners and asked if Ms. Gregg would like to speak for the whole group. Ms. Gregg stated she would not. Mr. Herst, 321 Panama Road, was sworn in and stated he was against the request. He stated it is bad enough being so close to the horse track. The Chairman asked the City Engineer if he could supply information regarding the operation bf NOWSCO. The City Engineer stated NOWSCO'S commitment had increased over and above the ability to spread this treated effluent on Big Cypress, as a consequence they need additional sites. Mr. Cooper stated they are presently investigating these sites for the ability to spread this water and have it absorbed on site and disposed of in that manner. The effluent which they will dispose of is treated effluent and is relatively clear in color, relatively free of odor and appears when properly treated to be very similar in nature to drinking water. Davis asked Mr. Cooper if the secondary effluent to be disbursed here would be treated any different than the effluent disbursed over the golf course. Mr. Cooper stated there should not be. The DER requirements in a developed neighborhood may be more stringent, but it is quite possible that the treatment at the plant would be equal to that. Mr. Cooper stated the information the City has is that the Board. of Adjustment Meeting October 15, 1981 Page Two. sewage that is going on the golf course and the sewage that will be going to other sites when they are obtained will come from the same holding ponds and will be the same effluent. Mr. Dale Crosby, NOWSCO, was sworn in and spoke on the Chairman's question regarding the adoption of amended Chapter 17...6, effective September 3, 1981. Mr. Crosby stated DER quite frequently changes their rules and the last one he had was dated April, 1982. He stated NOWSCO is complying with whatever was in effect and that they have their permit from DER. Mr. Crosby stated they will have a 3-day emergency storage pond on site. The Chairman asked for a description of the proposed facility. Jacobs questioned the treatment process. Mr. Crosby stated it would basically be the same as Big Cypress. He stated there will be some improvement in the filtration of the solids. There was discussion on the irrigation line. The Chairman stated they would be using a series of rainbird type sprinklers. Chute stated DER requires a test route be established in which the effluent is monitored. A resident raised the question of mosquitoes. Mr. Crosby presented a letter from Maronda Homes signed by the Vice-President, Mr. Samuel L. Katanich, which stated based on independent investigation of the type of program they are proposing, they have no objection to NOWSCO's plans. A resident from 216 Panama Rd. was sworn in and stated his concern over seepage of this water into his well from the above operation. The proposed buffer was discussed. Mr. Crosby assured the Board they were willing to put up a 6-foot fence as well as two gates, one at Shore Road and another at the southwest corner of the site. Mrs. Trish Drebert, 400 Hayes Rd. , was sworn in and asked about the Lake Mary facility in comparison to the one proposed. Jacobs stated he had asked the staff if there had been any complaints in the past from homeowners living adjacent to Big Cypress or the Tuscawilla Golf Course regarding spraying of the effluent, and they had stated there had not been. The Chairman reminded Mr. Englsh, Engineer, that he was still under oath and Mr. EngliSh stated he had received a letter from DER regarding nitrate level and that this would go into effect in January of 1982. The Chairman asked that a copy be provided to the City Planner. Mr. EngliSh stated that he now understands it may be April of 1982 before this goes into effect. Mr. Fred Henkels, Sailfish Road, was sworn in and questioned what would happen if we had ten to twenty inches of rain in a couple of days. Mr. Crosby stated the holding ponds could accommodate three days, however if the emergency facilities are exceeded, there would probably have to be a direct discharge into the lakes near the golf course. Mr. Sam Musgrove, 220 Panama Rd., East~ was sworn in and asked if 12.1 mg of nitrogen wasn't a considerable amount of nitrogen. He stated the pollutants going back into the ground should be an important factor to everyone. He questioned the drainage into Gee Creek. He stated he strongly objected to the request and that he doesn't understand why this is being pushed onto an area that doesn't even have sewage, that is using wells and hopes to continue using wells. Mr. Musgrove questioned why Florida Land could not develop this property similar to the surrounding properties. The Chairman stated at the present time Iron Bridge does not mean anything to the City of Winter Springs, and in a way NOWSCO controls further development in the City. Jacobs asked the City Engineer if DER hadn't answered all these questions to their satisfaction before issuing the permit, which they now have. Mr. Cooper stated of course DER doesn't go through a public hearing of this nature. DER has imposed certain criteria on NOWSCO for the disposal of treated effluent. NOWSCO then goes to various potential sites and examines those sites and determines w~ether they can meet that criteria on those sites. NOWSCO in this particular case has examined some sixteen sites and found this site can meet DER criteria for the disposal of 200,000 gallons per day. They'll go back to DER and show them the soils analysis, the perc. test, and so on and make the determination whether the site is capable of meeting their .Board of Adjustment Meeting October 15, 1981 Page Three. criteria and if so, issue the permit. Mr. Cooper stated the issues being raised tonight are issues of whether or not NOWSCO can comply with the requirements of DER. Mr. Cooper stated the answer is yes or the permit would not have been issued. Davis stated the fact the permit has been issued is not a rubber stamp. Davis stated this request still needs to be found compatible with the neighborhood. Mr. Richard DeFazio, 29 Jackson Circle, was sworn in and asked about the soil conditions as well as the insects. He suggested the board have a tour of a similar operation before making any rash decisions. The Chairman stated he thought several members had already seen an operation of this type, and that we have a State Agency that is supposed to do the monitoring. Chute stated he felt we had to rely on DER for protection of the citizens. He also stated he felt the question is whether this site should be allowed in a residential area, not the quality of water. Weiss questioned the use of chlorine. The Board took a five minute break and reconvened. A resident, Mr. Cooper, was sworn in and stated he could not see where they would not get some filtration. Mr. Bobby Stille, was sworn in and stated there are a number of children in the area and that if he had wanted to live next to a sewer plant, he would have built next to a sewer plant. He stated he felt there was somplace in Winter Springs where they could find 39 acres for this type of operation that isn't in a residential area. He asked what the master plan for the future development of the City denotes. The City Planner stated there are no specific sites set out under the adopted Land Use Plan for utilities. Mr. Stille stated this is certainly designated a residential site and why should they be faced with making this kind of decision when we can certainly find a more appropriate site. The Chairman stated that the above resident asked a question that the Board has to make a decision on and that he felt his statement was very appropriate. Mr. Crosby mentioned the reports and tests by independent labs that they are required to furnish so that DER can monitor their operation. Mr. Crosby said that in the past DER has also conducted impromptu inspections of the sites. He stated they had looked at eighteen sites and due to groundwater table, soil characteristics and various other particulars this site has been chosen. Mr. Crosby stated he could under- stand the neighbors' concern, however, the area surrounding this site is owned by Florida Land Co. with the exception of the gentleman who has not objected to our request. He stated any person that lives in Winter Springs with the exception of the neighbor to the south would not be able to see what goes on on that site. He stated the water will not be harmful and that it will meet the State's Standards. Mr. Crosby stated that septic tanks were mentioned and for the record the current law will allow quarter-acre lots in certain areas - that has primarily to do with groundwater table and in this particular case groundwater table is not near the surface and that is one of the reasons this site was chosen. He stated there are alot of people who would be in favor of this - those wishing to see a hospital in Winter Springs, those who would like to live in an apartment (Mosswood Apts., Phase Two), or someone desiring to purchase a future home. He stated there are alot of developments that cannot take place if this capacity is not obtained. He said they feel they have met the state requirements just like any other utility. There was discussion on providing easements and whether this should be stipulated. Mr. Clarence Hearst, 321 Panama Rd., asked if they would be coming in later after the area is built up and ask for another site. The Chairman stated the purpose of going to the capacity of 1.13 million gallons per day involves two sites - site 3 is available to NOWSCO now and they have the permit. Site 16 - they are attempting to obtain the land. Mr. Hearst said his main concern was whether the site would have to be increased later on. The Chairman stated if they could not get the capacity from Iron Bridge, or there is no further development. Chute Board of Adjustment Meeting October 15, 1981 Page Four. stated their responsibility is to find the request consistent with the zoning plan and the public interest. Chute stated he felt there was a possibility of property values declining. He stated the purpose of a wastewater treatment facility is to take waste away from the community and treat it - not to return it to the public. Chute said he thought the most objectionable returning to the public would be into a residential area. Davis stated he agreed with these thoughts and moved that the application for Florida Land's utilities be denied on the grounds that it is not consistent and compatible with the present zoning, that they have not shown the immediate need in that they have capacity that has not been used at the Cypress Golf Course also that it is not in the best interest of Winter Springs and that it is not in the spirit of the health, safety and welfare of the citizens of Winter Springs and I can't see where it would be in the public interest of Winter Springs as earlier stated to bring effluent back into a community which is presently zoned R-lAA, that will have a capacity of building 4-5 houses per acre. Discussion on the motion. Chute stated he intended to write the City Council explaining the action of the Board and the reasons for their vote and asked Davis if he could at that time put in the comments above, having a motion only to deny or approve. Davis agreed as long as his comments were stated in full. Davis moved to not approve the application by NOWSCO for conditional use of a spray irrigation of secondary effluent in a R-1A and R-1AA zone. Seconded by Weiss. Weiss stated she felt the property value could decline, that there was a possibility of a health hazard, and that she has too many questions pertaining to the bulletin referred to ib not using secondary levels of effluent in public areas. Jacobs stated he did not understand Davis and Weiss' concern over property values - that he had never heard of anything in regard to property values and that we have two golf courses in the City where we have homes in excess of $100,000.00 and $200,000.00 along golf courses where there is no 100-foot buffer, there is no 6' fence, and there is no berm. He stated this is not even a sewer, this is a spray irrigation and that DER has stated this is safe. Andrase stated he felt it was not compatible with the zoning of the area and that the site can be approved and all the controls placed on it, but we don't really have any control over it other than going through the bureacratic process. Vote on the motion: Andrase, aye; Jacobs, no; Weiss, aye; Davis, aye; Chute, aye; motion carried. The Chairman advised the applicant of the appeal process. Meeting adjourned at 10:45 p.m. ~espectfullY SU~ml,~tted1, ( I '/). 'I ',' ,. P ?f 1'L fjjL1adk:t [)C^ . Jan Braddock.