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HomeMy WebLinkAbout1985 11 07 Board of Adjustment Regular Minutes .. " . ..... ~. t) OOARD OF ADJUS'IMENr MEETING 1HURSDAY, IDVEMBER 7, 1985 The meeting was called to order by Vice-Chairman Poole at 7: 00 p.m. ROlL CALL: Ted Holz-Chairman, Absent Harry Reid, Present Louise Poole, Vice-Chainnan, Present Richard Kess ler, Present Al Girda, Present CITY.OFFICIAL Peter Cowell, City Planner, Present APPROVAL OFMINUl'ES .OF OC'IOBER .3, 1985: Harry Reid made the lOOtion to approve the minutes of October ~, 1985. Seconded by Richard Kessler. Vote: Ted Holz, absent; Harry Reid, aye; Lbuise Poole, aye; Richard Kessler, aye; Al Girda, aye. Motion carries. ' SEMIIDLE UTILITIES, INC. /BEL..,AIRE. :HCl-1ES, mc. -OONDITIONAL USEI FOR A PUBLIC UTILITY . . 'I . SERVICE STRlJC'lURE , City Plarmergave his presentation, City Planner shCMed on the map where the present location of site 16 which is a spray effluent field owned by paron Corporation and leased to the City of Winter Springs/Winter Springs Water & S~er. City Planner stated that about a year ago the Board of Adjustment approved! an additional condi- tional use within an RlJ zone for Ashley Square to discharge effluent and they used a perculation system. The initial review of the soils condition revealed that one part of.the site would not necessarily be valid to be utilized, as there is a pond on it and the Zone A that cams around it, which means that it is within the 100 year flood plan, makes that portion of the site not feasible. The best area to be uti- lized would be the northeast corner of the area which is the area intended to be utilized. The reason Winter Springs Development Corporation has realized that they need additional capacity is because the high ground water table that we have suffered over the last three or four mmths, and the additional rain that we have had this year shows that both their golf course. and future eXpansion sites would not be enough to hold two million GPD requiring their expected to handle out of the plan. The staff gave reccm:nendation for approval of this site. The applicant, Jay Alpert, Operations Vice-President for Winter Springs Development Corporation and Seminole Utilities, Inc, was swom in and he gave his) presentation, Mr. Alpert is requesting a conditional use to place perculation ponds on approxi- mately 15 acres which is a portion of the 65.8 acres site. The entire site is zoned R-lA. The site is located to the north and east of the corner of Dunmar Estates and to the west of Oak Forest Unit 5 and still to be developed Oak Forest Unit 7. Mr . Alpert stated that they will show that their use of portions of this property for perculation ponds is consistent with good planning and reasonable public and private concerns. Also the use will not adversely affect any surrOLmding land or affect adversely any surrOlmding property values. Present was Dr.. Hildebrand, Janmam & Associates, specializes in hydrogeology, hydrology, envirorJDeIltal ~act assessnent, water quality modeling and wastewater disposal. He has a Doctorate Degree in systems design. Also present was David BrCMn, Attomey, representing Winter Springs Development Corporation and Seminole Utilities , Mr, Alpert stated that Dr. Hildebrand will be offering expert testimmy as to why this site is the':-proper site, '. " .'.... . f" o Page 2 B.O.A. Meeting 11-7-85 The subject property is heavily wooded, especially where it abuts Dunnar Estates and Oak Forest, Going north on the site it is rrore of a pine forest and going southlOOstly laurel oaks and scrub oakS. Mr. Alpert stated that his canpany would ccmnit to the Board as part of their submission to leave at least 100' tmtouched of the forest along any property line abutting the perculation ponds. They also submit that the ponds will be located so that they can't be seen fran any surrounding property. The ponds will be placed at least 500' fran any drink- ing water well. He stated that the h.c:Jneown.ers will retain exactly the sBIoo view that they have now if ponds are placed on the property abutting their hanes. If the woods remain, he t:hi.nK; they can be well assured that the property will not be affected. The character and neighborhood would remain tmchanged. In Tuscawilla the waste water is treated to public access standards. DER. requires treating effluent to lake water standards to an extent that hunans can cane in contact with it without fear of any kind of a problem. Seminole Utilities has a record of pro- ducing waste water of highest quality for quite sane time. For over 10 years they have been spraying effluent on the golf course directly across from hanes in the estate section of Tuscawilla. Never has there been a question of a. reduction in property value because of spray effluent fran Seminole Utilities being placed across the street of a h.aneownerat our Country Club, The water that is produced is clean, clear and there have been no complaints. or. Hildebrand and his firm performed an investigation on the property for Winter Springs Developoont Corp. and Seminole Utilities, and what actually happens fran a mechanical stand point with water after the ponds are installed. The preliminary investigation showed that 15 acres of ponds on this site could hfndle anywhere fran 400,000 to 600,000 gallons depending on the size of the ponds. Dr. .Hildebrand was sworn in and he gave his presentation. Residents in the audience present and spoke against the conditional use. Chris Brockman, Attorney for Sam & Angela Jacobson, 545 Julie Lane. 'llianas Dougherty, 1027 Chokecherry Drive. Robert Guskiewitz, 572 Dunmar Circle. Charles Ashley, 552 Dunmar Circle. Jeff Mazer, 598 Dunmar Circle. Jim Campbell, 566 Dunmar Circle, Dante Antonacci, 755 Night Owl Court. Pat Daddis, 535 Julie Lane, Frank Carroll, 600 Tina Lane, R. J, Risser, 217 West McConnick, Apopka. City Planner stated that the definition of a utility service structure is not defined in the City Code as it is presently writt:eri. It has been construed by the City Attorney and past public hearings that a utility service structure can be anything fran the structure of the utility plant, to a power pole, to an antenna, to a per- culation pond, to an effluent spray system to other public utility service needs. In defining a public utility service, it is describing a service that is granted to tIDre than one person or tIDre than one group of people. Although owned privately, Seminole Utilities is still considered a public utility service, Marty Trencher, 607 Mami Drive, spoke as a private citizen.. He state~ ~t I;e has experienced two facets of sewer effluent. He has one hane W1.th spray :t.rngation and the second heme borders the perculation ponds in back of MamiDrive in Sections 8 and 9 in the Highlands, He stated that he wanted to bring to the Board of Adjustment sane of that experience, and possible make a reccmnendation or suggestion. He wasn't sure if he is testifying for or against the issue, sinply stating an opinion, He ., .... '!" Page 3 B.O~A, Meeting 11-7-85 {' ~ has experienced poor or mistaken engineering. He stated that any time the City takes on the situation of building perculation ponds, that they pay very careful attention to the engineering and construction of those facilities, He asked the Board not to look at these proposals on a project by project basis. The City has to take onto itself a Waste Managemmt Study of s~ type andfonn because this may be the first of many requests fran both Winter Springs Water & Sewer and the people in Tuscawilla area and possibly other areas where we may end up with 20-30 percu1ation pondc_possi- bilities or spray irrigation facilities within the City. At sane point and tiIoo it's going to present a problem. Whether it presents a health hazard or a value hazard. I think it is very important that the issues involved require careful, lengthy and derivative study before any approval is given. He asked the Board of AdjustlIlent to table the action until such tiIoo as there is a Waste Managemmt Study that might look at the possiliLities in the future of the City over a 10 or 15 year period and we can do sane sufficient planning. Harry Reid s't4-ted that this might be one of the best sites for the retention ponds, but it will ~ penalizing the present property owners who have no choice about it. lhere are a lot of perculation ponds going in the area and they are put in areas that are wooded and the surrounding neighbors have wells. They should find areas where people are on city water system. It is not consistent with the general zoning of the surrounding area and its not consistent with the public interest. At this point he is against the conditional use. Vice-<1la.i.rman Poole stated that she feels this is a problem and is creating a hard- ship on existing property owners, and this should be taken into consideration. Harry Reid made the lOOtion to. deny the request for the conditional use. Seconded by Richard Kessler. Vote: Ted Holz, absent; Harry Reid, aye; Louise Poole, aye; Richard Kessler, aye; Al Girda, aye. MOtion carries. Vice-Chairman Poole advised everyone of the appeal procedures, ~UEST FORA SPECIAL MEETING : C~ty Planner explained to the Board IEIbers the request for a special meeting for Mr, Rossman to put a fruit and vegetable stand on the comer of 419 & 17-92. City Planner indicated that Mr. Rossman had just missed the deadline for this meeting. Mr, Kessler asked what is the reason for the hurry? City Planner stated basically the fact that the harvest season is in, and he will be missing the peak of the har- vest season. lherefore, causing both his tiIoo and production scale to be hurt, lOOstly financially. ~chard Kessler made the lOOtion,that the request of a special meeting for Mr. Rossman ~e postponed to the regular Board of AdjUSt::nl:mt Meeting on Decenber 5, 1985. $econded by Al Girda. Vote: Ted Holz, absent; Harry Reid, aye; Louise Poole, aye; IU-chard Kessler, aye; Al Girda, aye, MOtion carries. , t-feeting was adjoumed at 9:45 p.m. Respectfully Submitted, . U~:VSecr~ Board of AdjUSt::nl:mt