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HomeMy WebLinkAbout1992 03 05 Regular -----------------------------------------.. The Orlando Sentinel Publis$hed Daily 55.85 PUBLIC HEARING 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 Ad- justment will hold a public hearing t.o conSider a request of Spring Land In- vestments, LId., for Variances to Section 9-241 (d) and 9-346 of the Code to al- low the following: 1. Section 9-241 (d)-to all 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 ~reater thanone (1) year. he properties where these Variances would occur is located to the south of State Road 419/434, abutting Wagner's Curve, to. the immediate noth of the Winter Springs U.S. Post Office. The Public Hearin\l 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 i p.m. or as soon thereafter as possible. Interested parties and citizens, for and a\lalnst these variances, will be heard at thiS time. Said hearing may be contin- ued until final action is taken. ThiS notice shall be posted in three (3) pubhc places within the City of Winter ~prlngs, Florldeand 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 no- tice shall be posted in the area to be considered at least fifteen (15) days pri- or to the date of public hearing. PERSONS ARE ADVISED THAT IF THEY DECIDE TO APPEAL ANY DECI- SION MADE AT THESE MEETING- S/HEARINGS THEY WILL NEED A RE- , CORD, OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO. INSURE THAT A VERBATIM ~~<&~R~~H EEDINGS IS THE TES'T'IM0 ES UPON W!::llCH THE- BASED PEl'l SEe IDA STATUTES.. ' ~T.~ I \ ~~~' SLS3B6l~ . MaH5;-tll!l2 I ~tate of jflortba } 5.5. COUNTY OF ORANGE Before the undersilffiJ~~.Rri~asJffi8ally appeared , who on oath says that he/she is the Legal AdvertisinJLRew~sentative of The Orlando Sentinel, a dally ne'yvs(:laper p,':lblished at CASS'E:Lo t:RRY in S EM I NO Lt:. . . County, Florida; that the attached copy of advertisement, being a PUBL Ie H EAR I N GNOT I in the matter of SPRINGS LAND INVESTMENTS. LTD in the SP1 INGLE Court, was published in said newspaper in the issue; of 03/15/92 Affiant further says that the said Orlando Sentinel is a newspaper published at (ASS ELB ERR Y , in said S EM INO LE County, Florida, an.d thaUh.e s,Qidcnewspaper has heretofore been continuously publishe? in said SE M I N at '- County, Flonda, each WeE;1k Dqy p.nQ has been entered as second-class mail matter at the post office in l.A S~ Ett> ERRY in said S EM INO LE County, Florida, for a period of one year next preceding the first publication of the 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 th rpose of securi.ng this a ertisement for publication in the said ne paper. ~ (SEAL) NOEJ\'1J R Nopmi R Lurero :Notary PIlIiII<-. "\f<lff' (j' Florida j1y ("nmml~.i()t1 p~-r,fr", Augult 28,1994 Commission # CC042971 .-..----..........--r--.-- . AMENDED BOARD OF ADJUSTMENT MINUTES March ~, 1992 The meeting was called to order at 1:00 P.M, BOARD MEMBERS CITY OFFICIAL James Greene, Chairman, Present Harry Reid, Vice-Chairman, Present Frank Adams, Present Al Becker, Absent John Heninger, Present D. LeBlanc, Land Dev. Coord. L. T. Kozlov, City Engineer Approval of Minutes of November 1. 1991 Adams motioned to approve the Amended Minutes of November 1, 1992. Seconded by Reid. Vote: all aye. Motion carried. Approval of Minutes of February 6. 1992 Reid motioned to approve the Minutes of February 6, 1992. Seconded by Adams. Vote: all aye. Motion carried. Request of SALA, Inc. for a Conditional Use to Section 20-234 of the Code to allow multiple-family residential units within a Neighborhood Commercial District (c-l). Property is located at intersection of State Road 419 and Sherry Avenue. LeBlanc explained that this is a request for SALA, Inc. to a conditional use of Sec. 20-234 of the Code allowing for multi-family units within the C-l commercially zoned area along S.R. 419, between Moss and Sherry. This will consist of four quadruplex units and half of another unit. SALA, Inc. presented this to the Board of Adjustment in the past and was granted condi tional use. Adams asked about the conditions outlined in the previous Board of Adjustment meeting of January 3, 1991. LeBlanc explained that those conditions were for patio homes. These are quadruplexes, similar to those built in DeerSong. Since SALA, Inc. has achieved success, they have decided to continue building quads and this would be an extension; another 22 quads. However, to build multi-family in a commercially zoned area, a condi tional use is required. Reid questioned the density. LeBlanc stated there are 4 acres, 18 units, and the density would be 4.~ units per acre. sabeti stated that the setback requirements for R-3 zoning were being met. , ~~'''''"..,~,. - - Board of AdJust.ent Minutes March 5, 1992 Page2 LeBlanc mentioned a telephone call he received today from a lady on David Street. She wanted to know if this was the same type of construction that was going on in DeerSong. He told her that it was, according to Mr. Sabeti. She said she much preferred to see that than a convenience store or something like that there. Adams motioned, that on the basis of earlier approval of this variance and the similarities; to grant the variance as requested. Seconded by Heninger. Vote: Greene, aye; Reid, no; Adams, aye; Heninger, aye. Motion carried. Request of Sullivan Materials, Inc. for Variance to Section 9-24Ud) of the Code to allow retention/detention pond bottom elevations to be less than one (1) foot above the seasonal hiah water elevation. Greene outlined the purpose of the Board of AdjustDlent. The Boar~ of Adjustment is not here to discuss whether or not the borrow pits can be built. According to City Code, the decision of whether or not to permit building borrow pits goes before the City Commission. Nor is the Board of Adjustment to discuss how deep, wide, how much dirt is taken out, how the dirt goes anywhere, how it is to be landscaped, or who is going to maintain it. The Board is dealing with the hypothetical question which is, if the borrow pits are approved by the Commission, and in the future they decide to develop this property, can these pits/ponds be used as part of the stormwater management system to receive this rainwater, as opposed to having to build dry stormwater retention areas. The City of Winter Springs' Code states that the bottom of retention pond levels must be 1 foot above the water line, which means that they will be dry at times when there is no rain. To build a wet bottom pond for retention, a variance to the City Code is required from the Board of Adjustment. Greene suggested that public discussion should be lJ.Jlited to whether or not these ponds should be used for stormwater management and retention areas understormwater management. LeBlanc stated that since the application was made, the developer has consented to a 4:1 slope eliminating the need for a variance for slopes less that 2:1, and it also eliminates the need for a fence. Therefore, the only variance Sullivan Materials is requesting is to allow retention/detention pond bottom elevations to be less than one (1) foot above the seasonal high water elevation. David Brown. attorney with Broad and Cassel representing Sullivan Materials, stated they were now in compliance with the Code with the exception of requesting wet bottom vs dry bottom ponds. He introduced the engineer for Sullivan Materials, George Garrett, who would discuss the technical aspects. , 4 Board of Adjustment Minutes March 5, 1992 Page3 George Garrett, engineer-of-record, with Regional Engineers, Planners, & Surveyors, representing Sullivan Materials discussed pond design. The future development concept is to use these ponds for detention storage. The developments will have retention ponds for water quality to ensure that .the ponds will remain. The ponds were designed from a level standpoint using standard penetration boring tests to establish seasonal high water level, normal water level and seasonal low water. Each lake will have . approximately 1 1/2 foot vertical clearance from the normal water level to the top of the bank. The City Engineer was asked for his comments. Kozlov stated he had no comments. as Mr. Garrett has satisfied the technical requirements for a wet bottom pond and that it met the City's requirements. Mr. Moti Khemlani, representing Tuscawilla Homeowner's Association requested definition of the words: retention pond, detention pond and lake. Kozlov defined detention pond as a basin to accommodate water, similar to a river with a dam, which is used to detain water and control the flow of water out of the pond into the natural environment (runoff rate). A Retention pond is to control pollution, which is mandated by the St. Johns River Water Management 4 District (SJRWMD). One of the design requirements is that the retention portion of the retention/detention pond accommodate an additional volume to accept a runoff of the first 1/2 inch of runoff from the impervious areas that usually have a variety of pollutants such as greases, oils, pesticides, etc. The purpose is to retain the water with the pollutants and contain it. The City has adopted the SJRWMD's formula to determine how much water to retain for pollution purposes. The City Code has no definition pf lakes. Kozlov offered the definition of lakes/ponds as bodies of water. Greene asked if plans submitted to the City must also be reviewed by the SJRWMD. Kozlov stated that ~his was correct, and that a permit must be obtained from the SJRWMD to continue with the proj~ct. Mr. Khemlani questioned whether the SJRWMD permits a lake to be used as storage of stormwater. Kozlov said that according to the SJRWMD, the developer can use this body of water for detention purposes only. The retention aspects of the design is to be in the future. They will design a separate pond for retention only, to take care of the pollutants. Garrett confirmed that their design is for detention use only. The following persons (spelling questionable) spoke against the borrow pits: Mr. Jerry Alcott, Chelsea Woods; and Dr. Robert Frilen, Tuscawilla Pines. Discussion and questions followed by Ms. Ethel Charalavan, Winter Springs Boulevard; Mr. Ted Boger, Mr. John Starzinsky, Chelsea Woods; Mr. Joe Bozik; and Mr. Alex Brown, Chelsea Woods. Board discussion followed. Greene asked if a variance is granted, will it expire in six months. LeBlanc stated that the variance would not, as this was presented beforehand for future planning. If the borrow pits are - . , - Board of Adjust.ent Minutes March 5, 1992 Page4 was presented beforehand for future planning. If the borrow pits are approved by the Commission, this variance would then become part of It. Also, they would not have to come back before this Board again unless their retention ponds were wet. It they were dry, there would be no reason to come before the Board. Adams pointed out that the City Code uses the term retention/detention ponds, and the variance requested refers to a detention pond. Reid asked if there was an example of just a detention pond, in or outside the City. Garrett engineered one at the quadrangle at University Blvd and Alafaya Trail. The lakes were borrow pits and now are detention ponds. D!scussion followed regarding the retention/detention pond ordinance. Heninger motioned to grant the variance, removing the word retention, with the condition that the Commission grant approval for the construction of the lakes as they are proposed and approved by the Commission and for no other use. Seconded by Adams. Vote: all ayes. Motion granted. Meeting was adjourned at 8:15 p.m. Respectfully submitted, V~ Fran Gramarosa, Recording Secretary Board of Adjustment