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HomeMy WebLinkAbout1981 10 15 Regular m MARONDA HOMES INC., OF FLORIDA 377 Maitland Avenue · Altamonte Springs, Florida 32701 . Telephone (305) 831-4039 THE DIFFERENCE IS VALUE October 15,1981 Florida Land Company P.O. Box 44 Winter Park, Florida Gentlemen: It has come to my attention that Florida Land Company is planning a land spreading program for effluent on Site Number 16 in the city of Winter Springs. Maronda Homes owns and is developing the Ranchlands Sec- tion 10. Our property is in close proximity to your proposed op- eration. Based on independent investigation of the type of program you are proposing, we have no objection to your plans. Sincerely, muel L. Katanich Vice President SLK/rvs ATTt;N1'l(Ji~ ~I 'CI IZ.~ RANCHLAND NEIG! A.ND NEARBY HOME OWNERS ~ --- Request being presented to Board of A~justment on Thursday at 7:30 P.M. in City Hall, N. Edgemon Ave. This sewerage spraying facility will directly affect Ranchlands, and we should express the following concerns: 1. How can land under litiRat~~Jawsuitl be d~velo~ed for any purpose? The 40 acres is part of Florida. La.n.d Co.' s 305 acres ....x which is under litigation by the City and the Citizens' Rights Committee. The sewerage facility will give Florida Land afoot in the door to fully develop the 305 acres with as m~ houses per acre as it wants once the litigation is settled. (North Orlando Water & Severage Corp. is a sub- sidiary of Florida Land Co.) 2. How much odor will result from s~rayinR seweraRe on 40 acres of land? The facility is similar to a lawn sprinkling system with sewerage being sprayed on top of the ground. Hopefully it will seep down into the ground, be purified, and then run into nature's underground water system called the acquifier. 3. Could this seweraRe facility pose a health hazard? The City Engineer states that while bacteria are killed by this sewerage treatment process, he is not sure that viruses will be killed. (V~ruses cause colds, hepatitus-inf1ammation of the liver-, etc.) North Orlando Water & ,Sewerage Corp.ls request to use 40 acres on Shore Road for a sewerage spraying facility. - End with statement that you are encouraging everyone to come to the meeting so they can hear the pros and cons of the issue and then make up their own minds about it. Also say that the Board of Adjustment does not have the final say-so. If the citizens or North Orlando Utilities are displeased with the Board's action, then they/illet~edt~S~8 the City Council for finai ~ decision.~~ am.y flltsTdmo Cda. 8tt.h.. ~ The proposed 40 acres, for the sewerage spraying facility, isalomg Shore _337-S.t. oS- Road, which if looking directly at the Hinter Springs Baptist Church, isoh t~e right side lis one road over from Hayes Road. . PI.SJJIJ1 ot1tJnrb 1hw.sdGtlS Jm5.tUtiMJ. WL C01l!Gb lJf-. (dau1n. wiNd).. //' MSMbers,Board of AdjustMent Ci t,y Hall Winter SprinGs,Fla. 32708 Oct.8,1981 Dear Fellow MeMbers, The North Orlando Water and Sewer Corp.(NOWASCO) has reQuested conditional use in zone R-1A/R-1AA for a land spreadinG operation of secondary sewaGe effluent.The city attourney has ruled that it is within the Jurisdict- ion of this board to hear and decide on this application as per article 44.30 of the city code.The decision reached by this board on the NOWASCO application will be extreMely iMPortant to the future develoPMent of the city as well as to the health and welfare of the citizen- s. NOWASCO representatives presented data in support of the application at the Oct.l public hearinG.The followinG inforMation is deeeMed pertinent. (l)The state DER has Granted NOWASCQ a perMit to conduct the reouested land spreadinG operation.(Z)NOWASCQ presentlY conducts a land spreadinG operation at the BiG Cypress Golf Course.- (3)NOWASCO's capability to process sewaGe and dispose of effluent is a very iMPortant factor in the future Growth and develOPMent of the city of Winter SprinGS. Capacity Data Present DER PerMit Theoretical COMMitMents Land Spread(BiG Cypress) Future Land Spread(site 16) Future DER PerMit(sites 3 & 16) 750,000 GPD 850,000 450,000 200,000 1,130,000 The DER office in Tallahassee has provided the board with a copy of chspt.17-6 FAC reGardinG waste treatMent reQUireMents.It has also.provided 8a copY~of the DER bulletin concerned with waste water facilites.Copies of these alonG with a copy of the DER perMit Granted to NOWASCO has been provided to each MeMoer.This inforMa- tior"~t~~~;:f.1,,, us to better understand 'the issues before thE- board. v ~~~~UWOC@ neT 91981 ('~' .,/. l'f:"l!:~ cORHIGS r . -/" '.1\ ..H ,Jl' l~rf ;::\LL The hearinG on NOWASCQ's reQuest was continued until! Oct.15 in order to allow represetatives o~ the IGA . . HoldinG Corp.tiM~ to prepare data in opposition to the reQuest. Art 44.30 of the cit~ code states that, 'The board of adjustMent of the City of Winter SprinGs,Fla. Must a~ter public hearinGs ~ind that the use or uses are cons- istant with the General zoninG plan and with the public interest'. Y reCOGnize that the above is short,i~ not sweet. The objective of this is to provide a short SUMMation of the data alreadY presented and is not intended to introd- uce an opinion or preference on MY part.Please excuse the typinG etc. but MY. secretary left Me e years aGo. lt~~(l~ Char 1 es L. Ch,_,te Capt.C.L.Chute U.S.N.(Ret) 1218 Swan st. Winter SprinGS Fla. 32708 ,. . ! LAW OFFICES JONES, :MORRISON & STALNAKER, P. ...... 400 MAITLAND AVENUE ALTAMONTE SPRINGS, FLORIDA 32701 MICHAEL D. JONES WILLIAM H. MORRISON WALLACE F. STALNAKER, JR. MIKEL W. CARPENTER ALBERT R. COOK JEFFERSON C.SALTER (305) B34-8866 october 13, 1981 Jacqueline Koch, City Planner City of Winter Springs, Florida 400 N. Edgemon Avenue Winter Springs, Florida 32708 Re: Board of Adjustment Jurisdiction Dear Ms. Koch: You had requested that I review the jurisdiction of the Board of Adjustment to determine whether the Board is the appropriate body to review the application for a conditional use of land that had been submitted by North Orlando Water and Sewer Cor- poration. The question hinges upon whether the use contemplated by Nort!:1 Orlando is one of the condit-ional uses within the zon- ing category of this land. I think it is without question that the Board of Adjustment has jurisdiction to act on t~is application. The language of Sec- tion 44.30, Winter Springs Code, dealing with conditional uses, specifies that a "public utility and service structure" can be a conditional use of land within Article R-1AA and R-1A Zoning. The provisions of Section 44.30 (~) give to the Board of Adjust- ment of the City of. Winter Springs the jurisdiction to determine whether such a conditional use may be granted within this classi- fication. In determining that the Board of Adjustment has juris- diction to act upon this requested conditional use, I 'note that North Orlando Water and Sewer Corporation is a public utility and that requested use of this land, to p~rrnit the spray irra- gat ion of secondary effluent would contemplate the erection of a structure, within the meaning of Section 44.24 (56), Winter Springs Code. ' In deterreining that the Board of Adjustment has the jurisdiction to rule on this conditional use, I express no opinion on the merits of this application. The Board of Adjustment should, in considering the merits of the requested conditional use, - consider and specifically rule upon the quidelines set '.forth '-in Section 44.30 (1)-(5), Winter Springs Code. I hope these thoughts will be of assistance to you and the Chairman of the Board of Ad- justment. -"1-<'> fJ~' Sinc;;.pe,~ y-;y " iJ, - ", .. 'It" 'L;, \ ' I it" I ALBERT R. COOK ARC/so C:i.t~d Counc:i,l Cit\:l Hall Winter SprinGs, a. ~~~?:7 0 8 Nov.6,j,9B:I. Dear Council MeMber, The board of adjustMent on Oct.15,1981 denied the reGuest of the North Orlando Water and Sewer Corp.(NOWASCO) for establishMent of an effluent disposal site in an area zoned R-1A.This reGuest was for a conditional use in a R-1A/R-1AA ONE FAMILY DISTRICTCCit\:l Code Q4.30Cb)).AttachMent Cl) is a COP\:l of the cit\:l attourney's rulinG that this reGuest was within the Jurisdiction of the board of adJustMent. The board of adjustMent held over 5 1/Z hours of public hearinGs on the NOWASCO reGuest.The Florida DER was contacted reGardinG other uses of secondar\:l staGe effluent in resident- ial areas within the state.Chapter 17-6 Florida AdMinistrative Code which is the pertinent law concerninG waste water treat- Ment was obtained and studied by the board.The latest DER bulletin concerninG an aMMended 17-6 was also studied bY thf';> bo;~r d. The board of adjustMent voted 4-1 aGainst the NOWASCO reaues- t.The reasons stated b\:l the board MeMbers for the no vote weT'e as follow~.. Cl) The conditional use reauested was not consistent with the General zoninG plan and with the public interest as reGuired b\:l the Cit\:l Code section 44.30Cl).CZ)The reauest did not show an iMMediate need on the part of NOWASCO and the site selection was based on convenience to NOWASCO.(3)Po- tential health probleMS are possible because of returninG secondary staGe effluent to a residential area without advan- ced treatMent.(4)The city has no control over the effluent disposal site once the conditional use is Granted.(5)Potential loss in propert\:l values to surroundinG propertw owners once it becoMes widely known that an effluent disposal site f.;>}.~if:;ts. It was also a Matter of concern to the 80A that the DER bulletin concerninG an aMMended 17-6 definitely states that effluent used to irriGate areas accesible to the public Must be treated beyond secondary levels.AlthouGh NOWASCO representatives testified that the state has still not adapted the aMMended 17-6 the board was of the opinion that this reGUireMent to further treat secondary staGe effluent before returninG it to the public will beCOMe law in the near future and should be a reGUireMent in Winter SprinGs now. The board MeMber votinG for approval of the NOWASCO reauest was of the opinion that there are several effluent spreadinG operations in the cit\:l at presentCTuscawilla & 8iG Cwpress Golf courses)that have not caused an\:l probleMS or reduced PT'tlPert~d values. This letter is beinG sent to YOU in order that YOU know SOMe of the backGround on the board of adjustMent decision.lt is hoped that it will help \:lOU Make a decision on the NOWASCO appeal of the board's decision. Sincerl\:l Ytll..lrS ~~JJlk~ Char 1 es L. Chut~~ 1203 Hinter Springs Bouleva.rd Hinter Springs, Florida. 32708 November 10, 1981'-' f,' .~. Co~~ssioner Martin Trencher 'Hinter SpringsCi ty Hall 400 Horth Edgemon 'Hinter Springs, Florida 32708 De:il.r Hr. Trencher: Tonight, at the City Council It3eting, you stated that the Eoard of Adjustment has rtnot done its homework". I feal that you had no right to make such a statement at a public meeting. For your informa.tion,. the Eoa.rd f!pent many hours hearing testimonies, stud3ing the zoning regulations, and discussing the question of whether or not the spraying of secondary effluent. in a residentiu area "will not create a haz2.rd or threat to the'- hea.l.th, safety and welfare of the neighborhood" and "will generally comply 'With. the character of the neighbOrhood". In addition, we sought to determine whether or not "the use is in hannol'\Y 'With the intent of the zoning ordinances of the City of Winter Springs". It 'Ha.s not our role, as a Board of Adjustment, to provide you with statis-' tics dealing with health, or to search out an alternate site for the spray- ing of effluent. You eXpected of us an action that should have been und.er- taken by the applicant. Our role, as a Foard, 'Was merely to either allow or dsl'\1 the conditional use in zones R-iA and R-1AA, to operate a public utility facill ty on 40 acres, beginning ~P?roxtmately :300 feet northeast. of the intersection of Shore Road and Bahama Road. __. . ~. . If you do not feel tha.t the Foard is doing its job, ".as your statement suegests. perhaps you would wish to replace those of us v}ho do~ot necessarily share your vi<3Ws. If not, I believe that a public apology is in order. ~ ~ Sincerely , ~~~:t3U~ Kllen B. 'Heiss ~'''; il?~- ~ n\\1~~'lill, "/""~ ,_ ~-lt.;i ~ . 0:/1 :". . - ~:.. l;...? ~.;; . ". . . . NOV t t '98' -'." ".. .. ow of WitHER S?RlNGS OW HALL LAW OFFICES ~~~ r;;:::l. 'JI1'-" I~ I~- , ,,' JONES, MORRISON & STAL..~4o\KERI P. A ~'(I!j I,::;? ~ U1Jlf,W', 400 MAITLAND AVENUE y..;;. t. . ~:..;) .!. ALTAMONTE SPRINGS, FLORIDA 32701 ' '\:;' MICHAEL D- ..JONES WILLIAM H. MORRISON WALLACE F, STALNAKER, ..JR. MIKEL W, CARPENTER ALBERT R, COOK JEFFERSON C. SALTER November 17, NDV 1 8198105) e34~8866 a981 .' ' BY of WINTER SP".'MGS ;\'., CITY IMLl Mary T. Norton, City Clerk City of Winter Springs 400 N. Edgemon Avenue Winter Springs, Florida 32708 Re: voting by Commissioners and abstentions Dear Us. Norton: I have had a number of inquiries from members of the Commission and from administrative boards of the City concerning the ability of. officers and Commissioners to abstain from voting on an issue before the Board or Commission. I have conducted a through re- view of the statutory and case law of the State of Florida and have conducted a survey of the common law on this point and can conclude that there is no provision requiring a Commissioner or member of a Board to vote on any particular issue. At common law, without statutory modification, a person affected by the outcome of a vote could not cast a vote. There was no general requirement that a member vote. His presence at a meet- ing goes to help establish the quorum for the meeting, but once a quorum is established, the general rule is that an issue is decided by" a majority of the members voting at the meeting. These COIDIDon law provisions have been modified in many jurisdic- tions. Some jurisdictions provide that those present but not voting are regarded as having voted affirmatively or as acquiesc- ing in what was done. Other jurisdictions have dealt with this issue by specifying a number of votes that must affirmatively be cast. Our own Charter provides similar measure when it requires affirmative votes of three Commissioners to adopt any issue. Of course, a jurisdiction could provide that abstentions not be a- vailable. The most recent Florida legislative word on this point is contain- ed within Florida Statutes ~112.3l43 (Fla. 1979), dealing with voting conflicts of interest (copy attached). This statute sets forth the procedure that is required when a person desires to vote for an issue in which he has a conflict. It does not mandate that he vote. I see nothing in this law which would change the common law, as modified by our Charter and Code. In short, the Mary T. Norton, City Clerk November 17, 1981 Page 2 requirement for measures before the City Commission is that three affirmative votes are required for passage. I~ the other two votes are against passage or are abstentions, it 'would not, matter. If a quorum of three was present and one abstained, no measure could pass at that meeting unless the other two Com- missioners produced a tie vote which could be broken by the Mayor's vote (Charter S4.0S). Other Boards such as the Planning and Zoning Board and the Board of Adjustment require three members for a quorum but the Code does not specify the number of affirmative votes that are re- quired to approve any measure. In this case, a number of ab- stentions could result in the measure being passed by a minority in number of the Board, so long as the measure achieved C:t major- ity vote of the voting members present at a meeting at which a . quorum was present. I hope these comments will be of some assistance to you, the various Boards and the City Commission. I am not unaware that the general view held by the members of the Commission is to the contrary in regard to abstentions from voting. I simply find no support for any requirement that the Board or Commission member vote on a particular measure. Sin?l/J ;i~ ALBERT R. COOK '. ARC/so Enclosure cc: Troy J. Richard V'" Piland, Mayor Rozansky, City Manager Ma~or Tro~ Piland Cih~ Hall Winter SprinGs,Fla. 32708 Nov.19,1981 Dear Mayor Piland, . . There have be€~n Many charGes and cOI.inter-charGes concerninG the City Council's decision to uphold the appeal o~ The North Orlando Water and Sewer Corp. o~ the board o~ adjustMent decision not to allow an e~~luent spreadinG operation at site 16.It is not the intent of this letter to dispute the council's decision but to establish the leGal relationship between the council and the BOA. It is the opinion of the chairMan and the undersiGned that when the council is discussinG an appeal o~ a BOA decision that the council is actinG as an appeal board ~r if YOU Mayan appelate court.The city code is Quite explicite in defininG the duties and responsibilities o~ the BOA.There is no article in the code that reQuires the BOA to present evidence supportinG it's decision to the council.An appelate court or board of appeal is expected to review the evidence developed by the lower court or board and to develop new evidence prior to arrivinG at a deci- sion.It is inCUMbent on the person Dr persons MakinG the appeal to present whatever evidence is available to overturn the lower bor.:h:J's decision. The BOA has been charGed by Trencher and by silent assent the city council of not doinG it's hOMework.This is not true especia- lly in this Matter.The stateMent Made in a public hearinG has caused daMaGe to the credibility of the city GOVernMent of Winter SprinGs.I believe as chairMan of the BOA that it is inCUMbent on the council to reQuest in advance if a briefinG is desired by the council on a BOA decision.I also believe that if the council is not satisfied with the work of the BOA that the Mature thinG to do i-.s to no-l:,ify the MeMbers throl;..IGh -I:.he chairMan by letter and not be~ore the public and Media. The b(Jsrd o~ adJus'I:.Ment is cOMPosed of volunteel's that devote aconsiderable aMount of their tiMe and efforts to assist in local GovernMent.I aGain believe as chairMan that it is the resp- onsibility of the city council to outline what it wants and not to chanGe the rules in the Middle of the GaMe.If the relatio- nship between the BOA and cDuncil is not as outlined in this letter then please advise the BOA by letter Just what the relati- onship is and what are the Ground rules. ~$,:i,nCtl'IY....?OU.:r1:; G:~ !1tl'1"VA ~ - ~.JU:Ui:Xfl harles L.Chute CC:Mbrs City Council Mbrs Board o~ AdjustMent