HomeMy WebLinkAbout1999 12 06 Informational Item B
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COMMISSION AGENDA
ITEM B
Consent
Informational X
Public Hearing
Regular
December 6. 1999
Meeting
Mgr. / ' pt.
Authorization
REQUEST:
The Community Development Department --Engineering Division -- requests the City
Commission review information regarding standing water and/or wet yard complaints from
residents in the Winding Hollow subdivision.
PURPOSE:
The purpose of this agenda item is to request the City Commission review the attached
information regarding a recent standing water and wet yard complaint from Mr. Don Hyland, 1 0 12
Winding Waters Circle, in Winding Hollow Phase 4.
CONSIDERA TIONS:
Winding Hollow was approved for construction in December, 1990. At that time, it was known as
Eagle Ridge. The Winding Hollow site has historically had a high groundwater table; e.g., within
a foot or so of the ground surface. This is why all the roads have underdrains, to artificially draw
down the water table at the road location. If and when these underdrains are cut or don't work
properly, you see a destruction of the roadway. Water intrusion will destroy a roadway. Time
Warner Communication recently cut a roadway underdrain outfall pipe to the creek, causing the
destruction of the north portion of Winding Waters Circle. They did not inform the City of this
damage and are being required to reimburse the developer for the roadway repair.
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DECEMBER 6, 1999
INFORMATION AGENDA ITEM B
Page 2
Prior to March 1995, the City Code permitted a one (1) percent lot line slope to drain surface
water from the lot. One (1) percent is a FHA minimum and is inadequate in areas of high ground
water table and a grassy surface. The City Code was changed in March, 1995, and lot line slopes
are now required to be at least 1.25 percent on high percolation soils or at least 1.50 percent on
low percolation soils. Since Winding Hollow (pka Eagle Ridge) was designed and approved with
the one (1) percent lot line slope, the City cannot require a greater slope. As an alternative, the
City has allowed the engineer to install yard drains to collect runoff in problem areas and route it
directly to the storm system.
Due to the close proximity of the water table to the ground surface, Winding Hollow is highly
dependent upon the roadway underdrains and the stormwater system working properly. Over-
watering of lawns, with a high water table, almost always results in a soggy or wet yard and stains
on the curbs where the excess water is overflowing. This is harmful to the grass. Attached is a
recently acquired lawn watering guide by the St. Johns River Water Management District
(SJRWMD). In the majority of cases, with few exceptions, wet yard complaints in Winding
Holloware a result of the resident over watering the lawn.
During rainfall events, the use of roof gutters in the appropriate location could eliminate most
standing water problems on the lot line between homes, as well as in landscaped areas adjacent to
the house. Roof gutter down spouts can be routed to other locations on the lot where it will run off
without causing standing water problems. Roof gutters can reduce or eliminate standing water in
landscaped areas, such as the one at Don Hyland's home at 1012 Winding Waters Circle.
FUNDING:
n/a
STAFF RECOMMENDATION:
1. Strict adherence to a recommended lawn irrigation plan by the homeowner.
2. The builders in Winding Hollow should accept responsibility for lot drainage problems.
Residents should not be referred to the City for this type of problem. This is a civil matter
between the builder and the resident or the Home Owners Association.
3. Home owners should consider using roof gutters and route downspouts to the least problematic
location.
4. Home owners should install yard drains where needed.
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DECEMBER 6, 1999
INFORMATION AGENDA ITEM B
Page 3
A TT ACHMENTS:
A. November 9, 1999, memo to the City Manager from the City Engineer. SUBJECT: Winding
Hollow -1012 Winding Waters Circle, Don Hyland Residence - Standing Water Complaint.
B. Attachment to "A" above: City Ordinance 65 (excerpts), better known as the Franchise
Agreement between the City and Time Warner Communications.
C. Home Lawn Irril!ation guide by the SJRWMD
D. November 24, 1999, letter to David Auld, President ofD.R. Horton Homes, requesting he meet
with Mr. Hyland and correct the problem.
COMMISSION ACTION:
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DECEMBER 6, 1999
INFORMATION AGENDA ITEM B
Page 4
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ATTACHMENT "A"
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DATE:
November 9,1999
TO:
City Manager,
Ronald W. McLemore
City Engineer, ~L
Mark L. Jenkins, P.E. J--
FROM:
SUBJECT: Winding Hollow -1012 Winding Waters Circle
Don Hyland Residence - Standing Water Complaint
At your request to investigate a standing water complaint at the subject location, Zynka
Perez (City Construction Inspector) and myself made a site visit to this location around 3:30
PM, Tuesday, November 9, 1999. We walked the front and back yards of 1012 and 1014
Winding Waters Circle and met with Mr. Don Hyland regarding the complaint. Three
photographs were taken (PHOTOCOPY OF PHOTOGRAPHS ATTACHED). We also
confirmed that the road underdrain outfall pipe, to No-Name Creek, was flowing properly.
The following observations were noted:
There was no standing water noted in the subject yard and adjacent yards (front and back
yard included) or in the road right-of-way in front of the house. Mr. Hyland (1012 Winding
Waters Circle) stated that he waters his yard for 10 minutes everyday with a sprinkler
system. The sod sounded moist under my feet, in several locations, but not enough to wet
my shoes. There were some children playing in the backyard of l014 Winding Waters
Circle and two adults seated in chairs in the backyard.
Mr. Hyland stated he gets trapped water in front of his house, in the landscaped area
between his front door sidewalk and the front of the house (none was present during this
visit). He also stated the builder, D.R. Horton, will not make any corrections and the builder
tells him his drainage "problem" is the City's fault. There was very little roof gutters noted
on the houses, which allows roof runoff to collect adjacent to the house. There was black
plastic edging around the landscaped area in front of M,r. Hylands house. This edging
penetrates at least six inches into the ground and can inhibit lateral groundwater movement
near the surface. Mr. Hyland stated his builder did attempt to alleviate the trapped water in
the landscaping by installing some type of "drain" from this area to the front of the lot.
Details of the "drain" were unclear from Mr. Hylands description of it.
Zynka mentioned to me that the subject yards were a lot dryer than some she has seen in
Winding Hollow. This subdivision was constructed in an area with a high v,'ater table. The
engineering plans (pka Eagle Ridge) were reviewed by me in 1990 and approved by the City
Commission in December 1990. The lot line grading, on these plans, is an FI-IA minimum
ATTACHMENT "A"
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Winding Hol/ow
Standing Water Complaint
November 9, 1999
page 2
of one percent. Our present City Code requires at least 1.25 percent in areas of good soil
percolation and at least 1.50 percent in other areas. One percent lot line slope is no longer
permitted. Since these plans were approved when one percent was permitted, we cannot
require more than that when lot grading is reviewed by the Engineering Division, prior to a
Certificate of Occupancy (C.O.). Anything less than one percent in this subdivision is
rejected. Zynka makes a site visit to at least 70 percent of the lots when lot grading
submittals are reviewed prior to C.O. Newer subdivisions have more slope to the lot lines,
by Code requirement. The subject lots appear to have much more than one percent slope
from the house to the rear lot line. These house have No-Name Creek to the rear.
Recommendations and Conclusions:
The City is not at fault in this issue. Over-watering of the yards is a significant contributor
to the problem. There is a natural high groundwater table in this subdivision and there is
very little, if any, vertical percolation of the groundwater. Groundwater in this subdivision
travels laterally, close to the surface of the ground, to the creeks and ponds. Roof gutters
above the landscaped area of Mr. Hylands house would help appreciably, as would roof
gutters at lot lines. The builder, D.R. Horton IS responsible for providing each house with
proper drainage. Section 9-126(a.5) of the City's Land Development Code states (CLots and
blocks shall be designed to provide adequate drainage and protection of property". This is
a requirement of the builder. A decrease in watering, by Mr. Hyland, would help greatly.
Since this is private property and a C.O. has been issued, this kind of complaint becomes a
Civil matter between the homeowner and the builder. I have attempted to facilitate matters,
such as these, by drafting a letter to the builder requesting he contact the complaining party
and advise me of his correction plans. I will again take this role in this matter also. I will
copy Mr. Hyland with all correspondence to the builder in this matter. The roadway
underdrain outfall pipe, broken by Time Warner Cable (TWC) and causing the road damage
on Winding Waters Circle, has been repaired by the developer's contractor. I expect to
receive a repair schedule, for Winding Waters Circle along with Winding Hollow Blvd. and
Twelve Oaks Drive, from the developer next week. TWC's franchise agreement with the
City requires that they correct any damage they may cause. The franchise agreement also
states that trying to evade this compliance is grounds for loss of franchise. Reference City
Ordinance 65 (the franchise agreement) which is renewed by the City at set intervals.
(EXCERPTS OF ORD. 65 ARE ATTACHED)
attachments: photocopies of photos I excerpts of Ord. 65
cc:
Community Development Director
Code Enlorcement A40nager
Fublic Works/Utility J)irecto/,
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DECEMBER 6, 1999
INFORMATION AGENDA ITEM B
Page 5
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ATTACHMENT "B"
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TIME \V ARNER CABLE, FRANCHISE EXCERPTS: 10-6-99
. FH.ANCHISE AGREEMENT - ORDINANCE 65 (RENEW ABLE):
. Section 2, paragraph (e): "Where in doing its work Grantee disturbs any pavement or
other improvements, Grantee shall promptly repair and replace the same in a neat and
workmanlike manner as nearly equal to its original condition as possible."
. Section 2, paragraph (m): "If Grantee shall fail to make any repair, remove or relocate
any part of its system, or otherwise perform its obligations hereunder; then the Village (City
of Winter Springs) is hereby authorized to do the same at Grantee's expense, and Grantee
shall reimburse the City for the cost thereof promptly upon receipt of an invoice."
. Section 3, paragraph (b): "The Grantee shall pay and by its acceptance of this
franchise, the Grantee specifically agrees that it will pay all damages and penalties which the
Village (City of Winter Springs) may legally be required to pay as a result of granting this
franchise. These damages or penalties shall include, but shall not be limited to, damages
arising out of copyright infringements and all other damages arising out of the installation,
operation, or maintenance of the CATV system authorized herein, whether or not any act or
omission complained of is authorized, allowed or prohibited by this franchise."
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. Section 3, paragraph (c): "Grantee shall maintain, and by its acceptance of tlus
franchise specifically agrees that it will maintain throughout the terms of this franchise
liability insurance insuring the Village (City of Winter Springs) and Grantee with regard to
all damages mentioned in subparagraphs (a) and (b) above in the minimum amounts of ..."
(amounts omitted)
. Section 3, paragraph (d): "Grantee shall maintain, and by its acceptance of this
franchise specifically agrees that it will maintain throughout, the term of this franchise a
faithful performance bond running to the Village (City of Winter Springs) with at least two
good and sufficient sureties approved by the Village, in the penal sum of $10,000.00
conditioned that Grantee shall well and truly observe, fulfill, and perform each term and
condition of this franchise and that in case of any breach, the amount thereof shall be
recoverable from the principal and sureties thereof by the Village for all damages
proximately resulting from the failure of Grantee to well and faithfully observe and perform
an provision of this franchise."
. Section 4, paragraph (d): "The Grantee shall at all times employ ordinary care, and
shall install and maintain in use commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage, injuries, or nuisances to the public."
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. Section 11 "FORFEITURE OF FRANCHISE", paragraph (a): "In addition
to all other rights and powers pertaining to the Village (City of Winter Springs) by virtuc of
this franchise or otherwise, the Village reserves the right to terminate and cancel this
franchise and all rights and privileges of Grantee hereunder in the event Grantce:"
subparagraph (4); "Attempts to evade any of the provisions of this franchise or practices
any fraud or dcceit upon the Village."
ATTACHMENT "B"
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DECEMBER 6, 1999
INFORMATION AGENDA ITEM B
Page 6
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ATTACHMENT "C"
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FAST FACTS
Knowing the right times to apply water to
your lawn or landscape is one way you can
help conserve Florida's vital water resources.
Most lawns need
rain or irrigation
once each week or
two during fall and
winter months.
Water conservation may not seem necessary
in a state surrounded by water on three sides
and filled with thousands of water bodies. But
not all of that water is available for drinking
or irrigation.
In spring and
summer, lawns
need rain or
watering every 3
to 5 days.
When can' water my'awnl
Outdoor irrigation is allowed only before 10
a.m. and after 4 p.m. daily, unless reclaimed
water is used. The watering hours rule is in
effect year-round.
The St. Johns River Water Management
District set the watering hours in 1991 as part
of its water conservation rule, a rule designed
to use water in the most efficient manner.
Why do we halte this ru'e1
. When you water your lawn and landscapes
before 10 a.m. or after 4 p.m., the water can
seep into the ground where thirsty grass and
plant roots can drink up the water, promoting
healthy plants that establish deep root systems.
. Water sprinkled on lawns during the hottest
part of the day - between 10 a.m. and 4 p.m.
- is wasted. During the heat of the day, 65
percent of that water evaporates.
. Water droplets on plants can act like a
magnifying glass, causing the sun to burn
the leaves.
. Irrigating during the hours when it will do
your lawn and landscapes the most good -
before 10 a.m. or after
4 p.m. - can save you
money on your water
bill, or on your electric
bill if you have a private
well/pump.
. Though Florida usually
receives about 50 inches
of rain each year, only a
small amount seeps into
the ground to replenish
.
Genera' 'awn irrigation guide
An irrigation schedule may vary depending
on the time of year, the type of soil you have
and your location in the state. The amount of
rainfall your area receives should dictate how
often you give your lawn supplemental
watering. In the absence of rainfall, this table
can serve as a general guide to watering.
Monfh
How offen lawns need
rain or irrigation
January
February
March
April
May
June
July
August
September
October
November
December
Once every 10-14 days
Once every 7-10 days
Once every 5- 7 days
Once every 3-5 days
Once every 3-5 days
Once every 3-5 days
Once every 3-5 days
Once every 3-5 days
Once every 5-7 days
Once every 5-7 days
Once every 7-14 days
Once every 7-14 days
underground aquifers. Aquifers are where
90 percent of us in north and east-central
Florida - the region of the St. Johns
District - get our drinking water.
When to irrigate
Two ways to determine when to water your
lawn are by visual and physical inspection and
by direct measurement of soil moisture.
Visual and physical inspection - The most
efficient way to water your lawn is to irrigate
when it shows signs of stress from a lack of
water. Visual signs of water stress include the
lawn turning a bluish-gray color, footprints
lingering after being made and grass blades
folding in half. A physical inspection includes
touching the soil around the root zone to
determine if it feels dry.
Continued on back
St. Johns River Water Management District. P.O. Box 1429 · Palatka, FL 32178-1429
Phone: 904-329-4500 (Palatka headquarters switchboard) . On the Internet: http://sjr.state.fl.us
4/99
DECEMBER 6, 1999
INFORMATION AGENDA ITEM B
Page 7
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ATTACHMENT "D"
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CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
November 24, 1999
Mr. David Auld, President
D.R. Horton Homes
6250 Hazeltine National Drive
Suite l02
Orlando, FL 32822
RE: Reported Drainage Problem at Mr. Don Hyland's Residence
1012 Winding Waters Circle, Winding Hollow Subdivision
Dear Mr. Auld:
I received a complaint, via the City Manager, of standing water and poor lot drainage on the subject lot.
Mr. Hyland also aired his complaint at a recent City Commission meeting. At the request of the City
Manager, I made a site visit to the subject lot, along with my assistant Zynka Perez. We met with Mr.
Hyland for about 45 minutes to ascertain the problem. This is one of your homes and Mr. Hyland states
there is standing water for several days in the landscaped area in front of the house, between the front
door sidewalk and the house itself We saw no standing water on this lot at this time. There are no roof
gutters at the problem location. Water is trapped there. Mr. Hyland claims that representatives from your
company are telling him, and other residents, that the lot drainage problems are the City's fault and they
are incorrectly being told to call the City for a correction. It is vou who must correct these lot problems.
Mr. Auld, I believe we have had similar discussions in the past with some residents who purchased homes
from your company in Winding Hollow. Prior to a Certificate-of-Occupancy we check the submitted lot
comer elevations with the approved plans. 'This subdivision does have some inherent problems. This
subdivision has a high water table, close to the ground surface, and the engineering plans call for only a I
(one) percent lot line slope. One percent slope on grass does not work very well, but it was approved in
December of 1990. Our present City Code requires 1.25 to 1.50 percent lot line slope. One percent is not
permitted today. Also, the builder is responsible for providiol! adequate surface drainal!e of each
lot, NOT THE CITY. If the above landscaped area, on Mr. Hyland's lot is trapping water and causing a
standing water problem, it is your responsibility for correcting it, NOT THE CITY.
I am requesting that you meet with Mr. Hyland and correct the drainage problem on his lot. Please let me
know what you and Mr. Hyland have decided upon for a correction. If you have any questions, you can
call me at 407-327-5976.
Sincerely~ ./ ~~_ 4'
~/V(CW1-1- ~~f.e~(tL~._
MARK L. JENKINS, .
CITY ENGINEER
cc:
Mr. Don Hyland
City Manager
Community Development Director
Land Development Coordinator
Mr. David Auld, FAX # 857-9228
ATIACBMENT "D"