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HomeMy WebLinkAbout1991 11 07 Regular NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS Notice is hereby given by the Board of Adjustment of the City of Winter Springs, Florida, that said Board of Adjustment will hold a public hearing to consider a request of Sullivan Materials, Inc., for Variances to Section 9-24l(d) of the Code to allow the following: 1. to allow retention/detention pond bottom elevations to be less than one (1) foot (12 inches) above the seasonal high water elevation, and, 2. allow the side slopes in the retention/detention ponds to be steeper than two and one-half (2~) horizontal to one (1) vertical, and; 3. eliminate the chain link fence with a minimum height of four (4) feet around retention/detention ponds in which the side slopes are steeper than four (4) horizontal to one (1) vertical. The properties where these variances would occur are those properties known as: 1. Tuscawilla Unit 15 (that property bordered by Howell Creek to the west, CSX Railroad to the south, State Road 419/434 to the north and the proposed expressway to the east), and; 2. Tuscawilla Unit l4C (southeast section of the Tuscawilla Planned Unit Development bordered by Bear Creek to the west, Duda property (within the County) to the south, the City of Oviedo to east and Tuscawilla Unit l4-B to the north). The Public Hearing will be held in the Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708-2799, on March 5, 1992 at 7:00 p.m. or as soon thereafter as possible. Interested parties and citizens, for and against these variances, will be heard at this time. Said hearing may be continued until final action is taken. This notice shall be posted in three (3) public places within the City of Winter Springs, Florida and published in the "Orlando Sentinel Seminole Extra", a newspaper of general circulation in the City of Winter Springs, Florida, one time at least fifteen (15) days prior to the aforesaid hearing date. In addition notice shall be posted in the area to be considered at least fifteen (15) days prior to the date of public hearing. )ntVutT~ Mary T. Norton, City Clerk :.- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 FAX LETTER: DATE 2/11/92 TO: Orlando Sentinel, Legal Advertisements FAX NO.: 420-5011 FROM: Mary Norton, City Clerk NUMBER OF PAGES (INCLUDING COVER SHEET): 3 REGARDING: Notice of Public Hearing COMMENTS: PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY: (407) 327-1800 TRANSMITTING FROM: dex450 - CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 Feb. 11, 1992 FAX Letter 420-5011 Orlando Sentinel Legal Advertisements Orlando, FL Dear Sirs: Enclosed please find Notice of Public Hearing for the City of Winter Springs to be published in the Seminole Extra legal advertisements for Seminole County on Sunday, February 16, 1992. Acct. LC00560. Please send proof of publication and invoice to this office. Thank you for your assistance. Yours truly, CITY OF WINTER SPRINGS ?1 M.It I. ~ Mary T. Norton, City Clerk AMENDED BOARD OF ADJUSTMENT MINUTES November 7, 1991 The meeting was called to order at 7:00 P.M. BOARD MEMBERS James Greene, Chairman, Present Harry Reid. Vice-Chairman, Present Frank Adams, Present Al Becker, Present John Heninger. Present CITY OFFICIAL L.T. Kozlov. City Engineer Approval of Minutes of August 1, 1991 Reid motioned to approve the minutes of August 1, 1991. Seconded by Heninger. Vote: all aye. Motion carried. Request of Winter Park Holding Company for Variance to Section 9-241(d) of the Code to allow a retention/detention pond bottom elevation to be less than one (1) foot 12 inches above the seasonal high ground water elevation. Jim Ingel, representing Regional Engineering Planners & Surveyors stated that the Winter Park Holding Company plans to build a wet bottom pond. Reid asked why the Winter Holding Company needed a variance for building a wet bottom pond? Kozlov explained that the variance process was needed to comply with Code requirement as this pond was designed below the seasonal high groundwater table and approval from the Board of Adjustment is necessary before the design is presented to the City. Reid asked who would maintain this wet bottom pond? Kozlov answered that the Homeowner's Association would maintain this pond. Greene wanted to know if the City had any engineering objections with this type of pond. Kozlov answered it did not. However. the primary engineering submitted showed the bottom slopes had a 2:1 slope, not 4:1; but the new engineering will represent a 4:1 slope all the way to the bottom. Reid asked if a 4:1 slope was safe. Kozlov responded by stating it is considered safe by both the St. Johns River Water Management District and the City. Anything steeper. however, would require a minimum of a 4' chain link fence. Heninger wanted to know about impurities getting into the groundwater. Kozlov responded that the purpose of a retention/detention pond is to control the flow of stormwater to wherever it goes (similar to the way a dam controls water going into a river). One of the design requirements is that the retention portion of the retention/detention pond stol'e the first 1/2 inch of runoff fl'om the impervious areas. The purpose is to retain the water with the pollutants which in turn should be taken up with various types of vegetation that may grow on the periphere of the ponds or percolate into the ground. Greene asked, based upon City regulations. whether all plans for future wet bottom ponds will have to come before the Board of Adjustment for approval. Kozlov confirmed that this was correct. Kozlov went on to explain that the City Code meets the criteria established by the St. Johns River Water Management - .-. Board of Adjustment Minutes November 7, 1991 Page 2 District regarding this matter. Richard Conniff, 1202 Royal Oak Drive needed clarification of the location of the pond. John Morgan, 977 Troon Trace, objected to the variance stating the following reasons: (1) There is already a mosquito problem due to the two other retention ponds nearby. One pond is within 250' northwest on the edge of the golf course. the second pond is 300' north on Greenbriar Lane. This will be the third pond and it will be 150' away; (2) Removal of trees; and (3) As the Homeowners Association has not maintained the other two ponds, how is this pond to be maintained? Larry Godwin, representing Winter Park Holding Company, stated that there will be a brick wall constructed between the retention pond and Mr. Morgan's house. The Homeowners Association Restrictions will require the Homeowners Association to maintain the pond. Greene wanted to know if the City has an enforcement mechanism for retention pond maintenance. Kozlov stated that the City has no enforcement mechanism. Greene did not feel it was the position of the Board of Adjustment to be involved with engineel'ing decisions. Kozlov explained that the Board is not to be involved with the engineering. The Board is to concern itself with the City; how the pond is going to effect people. safety, aesthetic looks, etc. Reid stated that according to Section F of the Code, wet bottom ponds should not be put in swampy areas. Kozlov acknowledged that the area does have a high water table as does all of Greenbriar, however, the City does not regulate development within the wetlands as it is the jurisdiction of the State. Regarding environmental regulation, the Code states "you will make the best effort" to try and preserve the wetlands, etc. Greene wanted to know if the City could deny permits issued from the State. Kozlov responded that, only on the basis of engineering design, could permits be denied by the City. Adams motioned to deny the variance. Seconded by Reid. Vote: Heninger, no; Adams. aye; Greene, no; Reid, aye; Becker, no. Motion failed. Becker motioned to grant the variance. Seconded by Heninger. Vote: Becker. aye; Reid, no; Greene, aye; Adams, no; Heninger, aye. Motion carried. Meeting was adjourned at 8:00 p.m. Respectfully submitted, Vfl t~~ r:;la~ Fran Gramar~a, Recording Secretary Board of Adjustment -- ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.. The Orlando Sentinel Published Daily $52 20 ~tatt of jflortba } 5.5. COUNT'( OF ORANGE ~. .,1 ,:~p' Before.'t>>e'Oiide.rsfgned authority personally appeared t at e/sis t e Lega A vertising Representative 0 new.spape. r p...u..blish.~d. Ll,t,,! (A SSEI HfRRY .. ... ..._~...,4t/""', n'> ~~~d' co~u.et advertisement~ a in the matter of IVAN MA'IE , , who on oath says r ando Sentinel, a dai.'y In County, Florida; ~. IC HEA~TNr,NnTT in the S ~t'UN Olctr was publfs eo In sal newspaper in the issue; of n;J /l.h /q,:J Court, Affiant further says that the said Orlando Sentinel is a newspaper published at C ~~~i~~f~RY , in said JF~rNm F- County, Florida, an f at the said newspaper has heretofore been continuously published in said ~F-~ ~nl F County, Florida, each ee ay and has been entered as second-class mail matter at the post office i.n ~~ ~~Fl RFRRV in said - I. ,- County, Florida, or a perlo 0 one year next prece ing t e irst pu ication 0 t e attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pu~tion in tho e said newsP'l.er. . -~t..\.' /I( ~ ~t..r"o ,-" ;';:q;;'" ent ~ -::::::>?\ -. was owlt'dged before me this C/\ \.J day of MeA. . 19 by,.)O Ei:M I If< lA-1, . _.o,~ "0'''', · """ to me and ti~;d~ % LAl~liACE CODI' '" f'.tudace Cod, ....., PUbJjc, State f ft-~..lI_ ~~n ,0.___ ~n iI: r.C~:; .... If, J_ OTICE OF PUBUC HEARING N CITY OF WINTER SPRIN~ of No~ice is ~~ ~~n 8~~f Winter Adlustm~~..~ that said Board of1VJ- Springs, r~' 'hciId a f)UbIic haerinq to justment WIn Sullivan Mateiials consider a ~equest of Section 9-241 (d) oi Inc., for varlances:e folloWing' tha Code to aIklW . ~.....;,." pond 1 to allow retentionl....... ,-, botiom eleIIalionS to be leSS than 0: (1) fOot (12 i~) aboVe \he - high water elevation,.~ in \he reten- 2 allow \he side -,.- \hen tionidetellllon ponds to be =- to two and 0ne-h':.d2 1J2) one (I! vertical, ;. I" k tence with a 3. eliminate \he cI1ain .n4 feet around minimum =' ~~ )In which the ~ are st99\>9!" than four (4) hOrizontal to.one (1) ~ variances The properties ~! -as known would occur are u,~ ...w....._ as; Tuscawilta Un" 15 (that ~ bordered by Howell ~~ t~ Road CSX RaIlroad to the ,"""U', ............." 419/434 to \he north and tIl~.........-- ressway to the east), and, _ ~. Tuscawina Un" 14C (~,,:~ ~ tion of the ~~Ita:va Bear Creek to vetopment fly (within the the west, Duda pro\:::, City <if OviedO ~e:> ::f~iIjI Un" 14-8 to the North). "n be held in the The Public HearI~ WI 126 East Winter spri434ngs Wi':XerH~~~s, Florida State Road ,I 1992 at 7'00 32708-2799 on March 5, 'bIs' , n thereafter as poss. . r.'~: ~es and citizens. for and nt. these variances, will be heard. at f~:'~i~. Said ~ring may be contin- ued until. final actIon be ISposttak~\n three (3) ThIS notice shaD.. my of Winter public places rid':'~~ th;ubl:Shed in ..the ~~~o ~enlinef sem.inol~r~ ih: newspaper of general Clrel! one time City of Winter SPrint, Florida, or to \he at \e8SI fifteen (15 days pnaddition no- aforesaid heanng ate. In to be tice~hall be ~~mI~~l~ays pri- considered at......... . or to the date of publIC heanng. Is/Mary T. Norton \ Mary T. Norton, SLS~Clerk Feb.16,1992 r' NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS Notice is hereby given by the Board of Adjustment of the City of Winter Springs, Florida, that said Board of Adjustment will hold a public hearing to consider a request of Springs Land Investments, Ltd., for Variances to Section 9-241(d) and 9-346 of the Code to allow the following: 1. Section 9-241(d) - to allow Retention/Detention pond bottom elevations to be less than one (1) foot (12 inches) above the seasonal high water elevation, and; 2. Section 9-346 - to allow an approved Site plan to be valid for a period of greater than one (1) year. The property where these Variances would occur is located to the south of State Road 419/434, abutting Wagner's Curve, to the immediate north of the Winter Springs U.S. Post Office. The Public Hearing will be held in the Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708-2799, on April 2, 1992 at 7:00 p.m. or as soon thereafter as possible. Interested parties and citizens, for and against these Variances, will be heard at this time. Said hearing may be continued until final action is taken. This notice shall be posted in three (3) public places within the City of winter Springs, Florida and published in the "orlando Sentinel seminole Extra", a newspaper of general circulation in the City of Winter Springs, Florida, one time at least fifteen (15) days prior to the aforesaid hearing date. In addition notice shall be posted in the area to be considered at least fifteen (15) days prior to the date of public hearing. PERSONS ARE ADVISED THAT IF THEY DECIDE TO APPEAL ANY DECISIONS MADE AT THESE MEETINGS/HEARINGS THEY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED PER SECTION 286.0105 FLORIDA STATUTES. ~r:~ Mary T. Norton City Clerk <, CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 March 10, 1992 FAX Letter - 420-5011 Orlando Sentinel Legal Advertisements Orlando, FL 328091-9912 Dear Sirs: Enclosed please find Notice of Public Hearing for the City of Winter Springs to be published one time in the Seminole Extra legal advertise- ments for Seminole County on Sunday, March 15, 1992. Please send proof of publication and invoice to this office. Thank you. Yours truly, CITY OF WINTER SPRINGS ~-r:~ Mary T. Norton, City Clerk enc. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 DATE FAX LETTER: 3/10/92 TO: Orlando Sentinel, Legal Advertisements FAX NO.: 420-5011 FROM: Mary Norton, City Clerk NUMBER OF PAGES (INCLUDING COVER SHEET): 3 REGARDING: Notice of Public Hearing - Board of Adiustment COMMENTS: PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY: (407) 327-1800 TRANSMITTING FROM: dex450 .- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 March 10, 1992 FAX Letter - 420-5011 Orlando Sentinel Legal Advertisements Orlando, FL 328091-9912 Dear Sirs: Enclosed please find Notice of Public Hearing for the City of Winter Springs to be published one time in the Seminole Extra legal advertise- ments for Seminole County on Sunday, March 15, 1992. Please send proof of publication and invoice to this office. Thank you. Yours truly, CITY OF WINTER SPRINGS ~r:~ Mary T. Norton, City Clerk enc. ....