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HomeMy WebLinkAbout1994 07 07 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS FLORIDA BOARD OF ADJUSTMENT MEETING SUMMARY JULY 7, 1994 1. Call to Order: The meeting was called to order at 7:00 P.M. by Chairman Greene. 2. Attendance: James Greene, Chairman, Present Greg Smith, Present Al Becker, Present Wendy Austin, Present Frank Adams, Absent Carl D. Gosline, Community Dev. Coord. 3. Consideration of the June 7, 1994 Meetina Summary: Chairman Greene asked for any questions, additions or corrections. None submitted; Meeting Summary of June 7, 1994 approved as submitted. 4. Election of Officers for the Board of Adiustment: Chairman Greene ask for a motion to amend the agenda to reflect the election of officers. Mr. Becker moved to amend the agenda, and it was seconded by Mr. Smith. The Board voted unanimously to amend the Board of Adjustment Agenda to reflect the election of officers. Mr. Becker nominated Mr. James Greene for the position of Chairman, seconded by Mr. Smith. No other nominations submitted. Vote to retain Mr. Greene as Chairman was unanimous. Mr. Becker nominated Mr. Greg Smith as Vice Chairman, seconded by Ms. Austin. No other nominations submitted. Vote to accept Greg Smith as Vice Chairman was unanimous. 5. Proiect #94-VAR-4 - Grand Reserve ,rnc. - Reauest for variance to Section 9.241 Cd) for a wet bottom pond. A. Discussion: For the Public's benefit, Mr. Gosline explained that all projects in the State of Florida require to provide retention and detention of the storm water. The Code which was written about 20 years ago prohibits wet bottom retention ponds, however, in Winter Springs this is virtually impossible because of the high water table. Wet bottom ponds are accepted by the st. John's Water Management District, and other environmental agencies. - - BOARD OF ADJUSTMENT MEETING SUMMARY JULY 7, 1994 Page 2 Mr. Gosline further explained, the four wet bottom pond requests before the Board are all the same issue which resul t from an irregularity in the code. Mr. Greene stated the reason it is in the Code is because the previous ci ty Engineer had made the decision that wet bottom ponds were not being properly maintained. The engineer wanted to call attention to the fact that every time a wet bottom pond was built, the City would be made aware by having the responsible party go through the Board of Adjustment process. Chairman Greene asked for input from the audience with regard to the subject of wet bottom ponds. Mr. Richard schollhammer who resides at 1104 Superior Court, Winter springs, FL asked for some technical information. Chairman Greene explained to Mr. schollhammer the technical aspects of a wet bottom pond. Mr. Tom Wasdin, representing the applicant, explained some of the information regarding the wet bottom pond such as size and depth; whether is was going to be fenced, and who would be responsible to maintain the pond. Mr. Larry Daughtry who resides at 942 March Hare Court (Lot 476) winter Springs, FL, voiced his concern with regard to the water flow, and the possible effects as such from the construction of this retention pond. Mr. William Horter who also resides on March Hare Court, and a neighbor of Mr. Daughtry's, shared the same concerns. B. staff Recommendation: The staff recommends approval of the request, 94-VAR-4, to allow construction of a wet bottom retention pond for Grand Reserve, Inc. located west side of Tuscawilla Road, directly across from Arbor Glen subdivision. C. Board Action: After some discussion, Mr. Smith moved for approval based on the findings in Staff report 94-VAR-4. It was seconded by Ms. Austin. Chairman Greene asked for discussion. No discussion offered. The Board voted unanimously to approve; motion carried. BOARD OF ADJUSTMENT MEETING SUMMARY JULY 7, 1994 Page 3 6. Proiect #94-VAR-5 - Grand Reserve, Inc. - Request for variance to section 9.152 (a) to allow a cul-de-sac lenqth of 1100' feet in lieu of 800' feet. A. Discussion: Mr. Gosline stated, this request results from an irregularity of the Code. It set a limit of 800 feet for cul-de-sacs. Mr. Gosline noted that there are already several cul-de-sacs within a half a mile of this site that exceed this length. Mr. Smith asked for clarification from the opening paragraph of the requested variance. The first sentence states... "the cul-de-sac rights shall be provided with a terminal radius of at least 50 feet, and the paving shall be 80 feet in diameter." Mr. Smi th questioned whether or not that was part of the variance requesto Mr. Gosline answered, "No, I was just trying to show the whole section of the Code there." Mr. smith asked for the record, it state that the requested variance for the street ending in the cul-de-sac shall have a maximum length of 800 feet. Mr. Gosline agreed. B. staff Recommendation: The staff to recommends approval of 94-VAR-5, to allow a cul-de-sac length of 1100 feet in lieu of 800 feet at the request of Grand Reserve, Inc. located on the west side of Tuscawilla Road, directly across from Arbor Glen subdivision for reasons stated in the Staff Report. C. Board Action: Mr. Smith moved to approve the variance based on the findings in Staff Report 94-VAR-5. It was seconded by Mr. Becker. The Board voted unanimously to approve; motion carried. 7. Proiect #94-VAR-6 - City of winter Sprinqs (Public Works) - Request for variance to Section 9.242 (a) of the City Code to allow 3:1 slopes on outside of swales in lieu of 4:1. Also, to allow an 18" depth in lieu of a 12" depth. A. Discussion: The City's consultanting engineer, Mr. Terry Zaudtke who is with Conklin, Porter and Holmes - Engineering, Inc. explained that the reason for the 3:1 slopes in lieu of the 4:1 is to fit the cross sections that the City requires for traffic as well as two sidewalks. The Utility Department gave an extra 4 feet of property adjacent to the City's percolation ponds. - - BOARD OF ADJUSTMENT MEETING SUMMARY JULY 7, 1994 Page 4 Chairman Greene asked if there would be sidewalks. Mr. Zaudtke stated there will be sidewalks on both sides of the road as a requirement of Highland Village. Mr. Zaudtke further stated, once past the percolation ponds, it will be a single sidewalk again along Shepherd Road. Chairman Greene asked who would be responsible for maintaining this area. Mr. Zaudtke said he spoke with the utility Director who stated the City will be maintaining this area. Mr. Smith asked for clarification of the variance, which is for the back slopes on both swales. Mr. Zaudtke gave an explanation as to the need for an 18" inch depth in certain areas. Brief discussion with regard to depth. B. Staff Recommendation: The Staff recommends approval of the request, 94-VAR-6, for variance to allow 3:1 slopes in lieu of 4:1, and a depth of 18" in 1 ieu of 12" depth for the City of Winter springs, (Public Works Department) which is located east of the City's effluent disposal ponds, south of the Highlands for the reasons stated in the Staff Report. C. Board Action: Mr. Smith moved for approval for a variance for the City of Winter Springs based on the findings of Staff Report #94-VAR-6, and with the clarification noted earlier, regarding the 3:1 back slopes applying only. It was seconded by Ms. Austin. The Board voted unanimously to approve; motion carried. 8. proiect #94-VAR-7 - Parcel 61 - Vision Developers, Inc. - Reauest fer variance to Section 9.241 Cd) to allow construction of a wet bottom retention/detention pond. A. Discussion: CharI es Madden, an engineer wi th All en Madden Engineering exp 1 ained that pond #9 would be the only one with a wet bottom, and all others will be dry bottom ponds. Chairman Greene asked if the pond would be fenced. Mr. Madden explained that they will maintain a 4:1 side slope, therefore omitting the necessity of a fence. Mr. Madden explained that the design high water level of the pond will be about 58, and the ground water level will be about 54. The pond bottom will be at an elevation of 40. At design high level, the depth of the pond will be about 18 feet which is not uncommon for a wet bottom pond. Mr. Madden said that the surface area is about two (2) acres. Mr. Smi th voiced his concerns wi th regard to the fact that the pond, fronting on Northern Way, wi 11 be open for view to the public, and subject to the maintenance of the Homeowners Association, outside the control of the City. BOARD OF ADJUSTMENT MEETING SUMM..l\RY JULY 7, 1994 Page 5 Mr. Smith said that he would like to see the developer provide for some type of screen wall, so it is out of view of the public. Mr. Madden said they are in the process of conferring with the City Commission concerning this issue which is being dealt with under the covenants and restrictions. Mr. Swishman who resides at 1220 Caribou Court voiced his concerns with regard to standing water, and the possibility of it creating a smell which would penetrate his property. Mr. Madden stated that normally retention ponds are not an area of odor. This pond is unlike a percolation pond for a waste water treatment plant. It's essentially treating storm water which runs off the roadways. Mr. Madden said, "the way it is designed, the water goes into the dry bottom ponds first that are in the power easement, and is treated before going into the wet bottom pond." Mr. Smith asked for an explanation for the need to discharge from the pond into a ditch that goes into Lake Tuscawilla. Mr. Madden explained that is where the site, historically, is drained. There is a swale on the property currently that runs into a pipe that runs under Northern Way, and into that di tch. Discussion wi th regard to landscaping. Mr. Charles Pizzano who resides at the corner of Cheetah Trail and Northern Way, stated that many children pass by that area going to and from school, and are very curious. He voiced his concerns with regard to the danger of children drowning in the pond because of the lack of proper fencing or wall. B. Staff Recommendation: The Staff recommends approval for request of variance for a wet bottom pond for Vision Developers, Inc. - Project #94-VAR-7 Parcel 61, located East of Northern Way, and Northwest of Winter Springs Boulevard for the reasons stated in the staff Report. C. Board Action: Mr. Smith moved for approval for a variance for a wet bottom pond based on the findings of Staff Report #94-VAR-7, with the stipulation that there is either a screen wall of some type or a more extensive hedge, and Wax Myrtle barrier included. It was seconded by Ms. Austin. The Board voted unanimously to approve; motion carried. ~,.,,__~____......,;...,...~_..........,_.w,^' - - BOARD OF ADJUSTMENT MEETING SUMM..l\.RY JULY 7, 1994 Page 6 9. Proiect #94-VAR-8 - Parcel 80 - Vision Developers, Inc. - Request for variance to Section 9.241. (d) to allow construction of a wet bottom pond. A. Discussion: Mr. Madden explained the elevations and depths of ponds #1, #2, #3, and #4, and they would have a 4:1 side slope. There will be sidewalks on Tuscora Road, and walls on certain portions of Tuscora. Mr. Smith questioned the size of berm around all the ponds. Mr. Madden said they will all have a five (5) foot berm. There was a brief discussion with regard to landscaping. B. Staff Recommendation: The Staff recommends approval for a request of varlance for a wet bottom pond for Vision Developers, Inc., Project #94-VAR-8 Parcel 80 located at Tuscora Drive and State Road 434; North of CSX Railroad, South of State Road 434, West of and adjacent to Howell Creek for the reasons stated in the Staff Report. C. Board Action: Mr. Becker moved for approval for a variance to a wet bottom pond based on Staff Report #94-VAR-8, Parcel 80. It was seconded by Ms. Austin. The Board voted unanimously to approve; motion carried. 10. Proiect #94-VAR-9 - Vision Developers, Inc. - Parcel 14-C Request for variance to Section 9.241 (d) to allow construction of a wet bottom retention/detention pond. A. Discussion: Mr. Gosline said the Parcel has a ten (10) foot conservar.lon easement across the bottom of it, and has been subject of much discussion regarding the Duda property. Mr. Gosline informed the Board that the project has been through preliminary review by both Planning and Zoning Board, and the City Commission. This project is in the final development plan review stages. Mr. Gosline explained that the ten (10) foot conservation/drainage easement was deeded to the Ci ty of Winter Springs as part of a Set tl ement Agreement which resulted from a law suit with the main developers of Tuscawilla. Mr. Madden explained that these ponds would have the same criteria; five (5) foot berms, and 4:1 slopes. Discussion as to where the responsibility lies in maintaining these ponds. BOARD OF ADJUSTMENT MEETING SUMM..Z\.RY JULY 7, 1994 Page 7 B. Staff Recommendation: staff voted to recommend approval for a request of variance for a wet bottom pond from Vision Developers, Inc. - Project #94-VAR-9 located at Winter Springs Boulevard and Seneca Drive; East of Bear Creek to end of Ci ty I imi ts on both sides of Winter Springs Boulevard based on the reasons stated in the Staff Report. C. Board Action: Mr. Smith moved for approval for a variance for wet bottom ponds based on Staff Report #94-VAR-9, and subject to the addition of either a wall or extensive planting/screening along edges of ponds #2 and #3 that front Winter Springs Boulevard. It was seconded by Mr. Becker. The Board voted unanimous 1 y to approve; motion carried. The meeting was adjourned by Chairman Greene at 8:45 F.M Shirle A. Frankhouser, Administrative Secretary This document is a summary of the Board of Adjustment actions at this meeting. Anyone wishing to obtain more detailed information may contact the city Clerk's office to arrange to listen to the audiotapes during normal business hours. . /"