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HomeMy WebLinkAbout2002 12 09 Regular E Request for a Variance by M.A. Garcia COMMISSION AGENDA ITEM E CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X 12/09/02 Meeting MGR.~EPT ~ Authorization REQUEST: The Community Development Department recommends approval of a request for a variance by M.A. Garcia from sections 9-147, 9-157, 9-221 and 9-223 ofthe City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider a request from M.A. Garcia for a variance from the requirements of sections 9-147, 9-157, 9-221 and 9-223 of the City Code of Ordinances to allow a twelve (12) foot wide private roadway to be constructed without curbs, gutters or sidewalks on private property (Tuscawilla Unit 5 and Tract "A" of Oak Forest Unit 1). APPLICABLE CODE: Sec. 9-147. Minimum right-of-way and paving width. Sec. 9-157. Private Streets. Sec. 9-221. Sidewalks. Sec. 9-223. Curbs, gutters, easements. CHRONOLOGY: March 13, 2000 - City Commission votes to approve the realignment of the easement and roadway segment, however, it is determined that a variance will be required since the proposed private roadway will not meet City land development regulations for design of new roadways. September 11, 2002 - Variance application was received by City. October 23, 2002 - Board of Adjustment heard the request and deferred the item to a subsequent meeting to allow the Public Works Department more time to review the project for any potential drainage impacts. December 9,2002 Regular Item E Page 2 November 12, 2002 - Board of Adjustment heard the request and by unanimous a vote recommended approval to the City Commission, based upon the updated Plan and Profile for the proposed roadway. FINDINGS: 1) On Mach 13, 2000, the City Commission heard a request by Mr. Garcia to realign a segment of Tuscawilla Trail (a private road) and approved the realignment, subject to certain requirements. 2) On March 13, 2000, City Commission acknowledged that the paved roadway surface would be 12 feet wide and that there would be no sidewalks (please see attached minutes). 3) The proposed design of the private roadway was determined not to meet City Code requirements and require a variance to sections 9-147, 9-157, 9-221 and 9-223 of the City Code. 4) This variance request was advertised and processed to cover all pertinent sections of the Code. 5) The City received written affidavits from effected property owners that waives, releases and relinquishes all rights to and interest in the current easement in its present location along Lot 4 in exchange for the right to utilize the relocated easement for ingress and egress. 6) A minimum of twenty (20) feet of unobstructed clear space is required to ensure safe and efficient access by all emergency vehicles. 7) Approval ofthe variance request will not constitute approval ofthe roadway relocation - it will be one more step toward approval. BOARD OF ADJUSTMENT: At its regularly scheduled meeting of November 12,2002, the City of Winter Springs Board of Adjustment heard M.A. Garcia's request for a variance and recommended approval to the City Commission. RECOMMENDATION: Staff recommends approval of the variance request based upon the findings contained in this staffreport and the Access Drive Relocation Plan dated May 2002 for the proposed roadway. Although not directly associated with the specific variance request, staff notes that the minutes of the March 13,2000, City Commission meeting reflect discussion of and a motion for a 50 foot wide easement and a 20 foot wide buffer from the Oak Forest residential lots, whereas the applicant's plans depict a 30 foot wide easement located no closer than 20 feet from the Oak Forest residential lots. Since there is confusion over the City Commission's actual intent, staff requests the Commission's clarification. December 9,2002 Regular Item E Page 3 ATTACHMENTS: A - Variance Application B - Information from Applicants Engineer received with the Application C - March 13, 2000, City Commission Minutes D - November 12,2002 Board of Adjustment Minutes E - Access Drive Relocation Plan dated May 2002 COMMISSION ACTION: ATTACHMENT A BOARD OF ADJUSTMENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708-2799 (407) 327-1800 FOR: SPECIAL EXCEPTION X VARIANCE CONDITIONAL USE ADMINISTRATIVE DECISION 1. APPLICANT: M. A. Garcia. III PHONE 407-699-0527 ADDRESS: 941 Tuskawilla Trail. Winter Springs. FL 32708 2. PURPOSE OF REQUEST: Variance from driveway width of 24 feet to 12 feet and without curb and Irotter. 3. A IT ACH A COpy OF THE PARCEL SURVEY. 4. ATTACH AN 11 X I' 7 MAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. 5. ATTACH LEGAL DESCRIPTION. 6. TAX PARCEL IDENTIFICATION NUMBER: 12-21-30-50I-OAOO-OOOO 7. LOCATION OF PARCEL (Street Address and/or Nearest Cross Streets): Street is Chokecherry Drive - Cross 8. PRESENT ZONING: PUD FUTURE LAND USE: PUD By Signing below I understand that City of Winter Springs Officials may enter upon my property to inspect that portion as relates to this application: (If the applicant is not the owner of the subject property, the applicant must attach a letter of authorization signed by the owner) PERSONS ARE ADVISTED THAT, IF THEY DECIDE TO APPEAL ANY DECISIONS MADE AT TilES/: MEETeNGS/HEAReNGS. THEY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SlJe" PURPOSE, THEY WILL NEED TO eNSURE THAT A VERBATIM RECORD OF TJ-lt PROCEEDIN(iS IS MADE. AT THEIR COST, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WIIICII TilE APPEAL IS TO BE BASED, PER SECTION 286.0105. FLORIDA STATUTES, SECTION 20 - 84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT (I) Any person. or persons, jointly or severally aggrieved by any decision of the Board of Adjustment may, within thirty (30) days after the filing of any decision in the office of the Board of Adjustmenl. hUI 1101 there after. apply to the City Council for administrative relief After a hearing before the Cily Coum:iJ and aggrieved party may, within thirty (30) days after the dccis9ion uf Ihe Cily Council. lill.: an appeal with a coun of competent jurisdiction over the subject matter. ATTACHMENT B A. REOUEST The Garcia's desire to expand their "front" yard by relocating the driveway as shown on the "Access Drive Relocation Plan" attached. Further, the other property Owners in Tuskawilla Unit 5 have given their written consent to the drive relocation. A variance is requested to allow a deviation from the City's subdivision standard 24 foot wide roadway (with curb and gutter) to a 12 foot wide driveway without curb and gutter. B. CIRCUMSTANCES The Garcia's residence is located on Lot 5 and they also own Tract A Oak Forest Unit One. Tuskawilla Unit 5 subdivision is approved with a 30 foot Private Ingress-Egress and Public Utility Easement with a driveway width of ten (10) feet without curh and gutter. The Garcia's propose to relocate the 30 foot private ingress-egress through their Tract A property with a driveway width of twelve (12) feet without curb and gutter. The existing 30 foot Public Utility Easement is to remain since an 8 inch diameter water main is installed therein. The variance request is considered to be in keeping with the criteria set forth for variance under Section 9-5 of the Winter Springs Code. Attachment ...~-----... It - - ATTACHMENT C CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MARCH 13,2000 I. CALL TO ORDER The Regular Meeting of March 13, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:36 p,m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, absent Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, absent Public WorkslUtility Department Director Kipton D. Lockcuff, P.E., present City Attorney Anthony A. Garganese, present A moment of silent prayer was called and Mayor Partyka asked that we think of former City Manager Richard Rozansky who is very ill. The Pledge of Allegiance followed. Mayor Partyka then introduced Me Gene DeMarie, General Services Director who in turn, introduced the new Assistant to the City Manager, Mr. Richard Greenwood, Mr. DeMarie also announced that Ms. Louise Frangoul, has accepted the position of Finance Director. Attorney Anthony Garganese left the dais at 6:37 p.m. II. PUBLIC INPUT Mr. Tom McGee, NTR Development, 1600 North Orange Avenue, Orlando, Florida: spoke about his attendance at the February 14, 2000 City of Winter Springs City Commission Regular Meeting. Attorney Garganese returned to the dais at 6:39 p.m. Mr. McGee added that he is "Under contract with approximately ten acres on the southwest comer of 434 and Tuscawilla Road;" spoke on the impact of the Town Center concept; the impacted quadrants; his concerns with such "pedestrian, residential friendly" areas; and stated that he wanted to address the Commission, prior to any action involving a Town Center Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 Page 10 of 16 f "I'LL MAKE THE MOTION." MOTION BY COMMISSIONER McLEOD. SECONDED B_Y COMMISSIONER MILLER. DISCUSSION ENSUED BRIEFLY ON HOW THE PROGRAM WOULD BE FURTHER IMPLEMENTED. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. D. Community Development Department - Land Development Division Presents To The Commission For Their Action The Request Of Mr. Manny Garcia To Realign A Segment Of A Tuscawilla Trail (A Private Road) Which Does Not Meet City Code. Mr. Don LeBlanc, Land Development Coordinator introduced this subject, and spoke of the planned realignment of the road. , Mr. John Sikes, Blount Sikes & Associates, (Consulting Civil Engineers & Surveyors), 3032 Mercy Drive, Orlando, Florida: discussed an exercise trail; natural growth; engineering; waivers; Mr. Garcia to approve the alignment; approvals; whether an agreement from all property owners affected by this change should be considered; keeping the neighbors happy; whether an easement will be recorded on the property for perpetuity; acceptance of the easement; and other neighboring properties. Further discussion included altering the road; changing the width; and what Attorney Garganese thinks about this issue. Attorney Garganese spoke of the provisions of the code; arbitrary arguments; the legal standpoint; sidewalks; fire suppression; the width of the road; accommodating emergency vehicles; who had reviewed this proposed plan; the entry from Tuscawilla road; concerns with the engineering of the road; would it come back to the Commission for further approval; the approval of the road; and whether the road should have a larger easement. Mayor Partyka commented that the lights on the dais were not working properly. "I MOVE THAT THE CITY COMMISSION APPROVE THE REALIGNMENT OF THAT SEGMENT - SEGMENT OF TUSCA WILLA TRAIL, INCLUDING A FIFTY (50) FOOT EASEMENT AND SUBJECT TO A NOTARIZED ACKNOWLEDGEMENT OF ALL PARTIES ALONG THE ROAD, THAT THEY ARE IN AGREEMENT WITH THE CHANGES AS ENGINEERED - THE FINAL ENGINEERING." MOTION BY DEPUTY MAYOR GENNELL. =1' , t CITY OF WfNTER SPRINGS MINUTES CITY COMMISSION REGULAR MESnNG - MARCI'113, 2000 Page II of 16 MR. LeBLANC INQUIRED, "AND YOU'VE - THIS HAS ALLOWED FOR A PROPOSED TWELVE (12) FOOT PAVED DRIVE, AS IT'S SHOWN IN THE - A TWELVE FOOT EASEMENT?" DEPUTY MAYOR GENNELL STATED, "THAT'S RIGHT - AND A FIFTY FOOT EASEMENT." SECONDED BY MILLER. DISCUSSION ENSUED ON WHICH LOTS WERE INVOLVED; AND VARIOUS LOTS IN THE OAK FOREST SUBDMSION. MR. LeBLANC ADDED THAT "WE WILL GET - FOR THOSE PROPERTY OWNERS ALSO - A NOTARIZED LETTER SAYING THAT THEY HAVE NO OBJECTION. BUT, IN YOUR IS7l' MOTION COMMISSIONER GENNELL, MAY I JUST ADD ONE MORE, THAT YOU'RE ALSO WAIVING THE SIDEW ALK REQUrnEMENTS?" DISCUSSION. Commissioner Miller left the dais at 8:35 p.m. Commissioner Miller returned to the dais at 8:37 p.m. DEPUTY MAYOR GENNELL ADDED, "JUST TO BE MORE SPECIFIC ABOUT THE LOT NUMBERS THAT ARE INCLUDED IN THE NOTARIZED ACKNOWLEDGEMENT - IT WOULD BE 1.A, 1.0, 2, 3, 4, AND 5 OF TUSCA WILLA UNIT 5; LOTS NUMBER 201 AND 200, OAK FOREST UNIT 2- B; LOTS NUMBER 44,45,46,47,48 OF OAK FOREST UNIT 1." MR. LeBLANC ASKED, "LOT 44 ALSO?" DEPUTY MAYOR GENNELL REPLIED, "YES." Tape 2/Side A Commissioner Martinez said, "Sir, would you say, or did you state on the record that you wouldn't have any problem, with a fifty (50) foot easement?" Mr, Sikes replied, "No Sir, I can't speak to that, that's something Me Garcia will have to answer." Brief discussion, DEPUTY MAYOR GENNELL CLARIFIED, "THE MOTION ENTERTAINS A FIFTY (50) FOOT EASEMENT." The City Clerk was asked to read the Motion back. MAYOR PARTYKA ADDED, "WITH THE LOTS, SO DESIGNATED BY THE COMMISSION." COMMISSIONER MCLEOD THEN ADDED, "AND WHAT ABOUT THE TWENTY (20) FOOT BUFFER?" DEPUTY MAYOR GENNELL ALSO ADDED, "AND WAIVING THE SIDEWALK REQUIREMENT." CITY OF WINTER SPRINGS . MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 Page 12 of 16 , VOTE: COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mr. LeBlanc then stated, "Mr. Garcia will either go forward the way it is presented, or instead - or you know, he'll appeal the decision - because the fifty (50) foot right of way _ he can have twelve (12) feet of pavement, no sidewalks and the edge of the fifty (50) foot easement, next to the Oak Forest side has to be twenty (20) feet from the property line, " Mayor Partyka called a break at 8:44 p.m. The Meeting was called back to order at 9:01 p.m. by Mayor Partyka E. Community Development Department - Land Development Division Requests The Commission To Provide Direction Relative To A Request To Develop Property Known As Big Cypress On State Road 434 Next To The Winter Springs Golf Club At A Density Of 16 Units Per Acre. e Commissioner Martinez suggested that this issue be postponed for two weeks, so that this matter could be further researched. Commissioner McLeod arrived back in the Commission Chambers at 9:03 p.m. Mayor Partyka asked members of the Commission on their opinion of whether to proceed with this issue, and the consensus of the Commission was to "hear the issues." Mr. LeBlanc advised the Commission on this proposed project. Discussion ensued on the Comprehensive Plan; Golf Terrace Apartments; Courtney Springs Apartments; density; C-l Zoning; and the three proposed alternatives. Mr. Sam Benson: spoke on behalf of the applicant, and stated his two concerns were the contiguous property and the densities allowed for the contiguous property; and the Developer's Agreement. Mr. Benson added, that "R-3 is up to sixteen (16) units per acre - that still remains in your code." , Members of the Commission discussed whether a major Comprehensive Plan Amendment was necessary; what happened with a similar project "Seville Chase"; conflicts with the Comprehensive Plan; "Infill District Zoning;" urban density; the uniqueness of this property; possible future uses for this property; Wetlands and vegetative buffers; and possibly increasing the sewer capacity. ATTACHMENT D CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 12, 2002 I. CALL TO ORDER Chairman Tom Waters called the Regular Meeting to order Tuesday, November 12,2002 (postponed from November 7, 2002), at 7:01 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708), Roll Call: Chairman Tom Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, present Board Member John Herbert, present II. CONSENT AGENDA CONSENT A. Approval Of The October 23, 2002 Regular Meeting Minutes. MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE OCTOBER 23RD MEETING." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA REGULAR A. M.A. Garcia Requests A Variance From The Requirements Of Sections 9-147., 9-157., 9-221., And 9-223. Of The City Code Of Ordinances To Allow A Private Roadway To Be Constructed Twelve Feet (12') Wide Without Curb, Gutter, Or Sidewalk At Tuscawilla Unit 5 And Tract "A" Of Oak Forest Unit 1. Parcel ID # 12- 21-30-501-0AOO-0000. Mr. John Baker, Current Planning Coordinator, Community Development Department, presented the Agenda Item to the Board; and read a Memorandum from Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 12, 2002 (POSTPONED FROM NOVEMBER 7, 2002) PAGE20F6 Mr. John Sykes, Rocket & Associates, 3032 Mercy Drive, Orlando, Florida: spoke of surrounding homeowner's prior expressed concerns of flooding; the discussion he had with those homeowners; and the additional steps Mr. Garcia is taking to remedy the situation. Note: Due to technical difficulties. portions of Tape IISide A are inaudible, Mr. Baker distributed a "Plan & Profile" for the relocation of the access drive relocation, Vice Chairman Jack Taylor suggested that the map be "Dated". Mr. Sykes said that he would, "Sign, seal it, and get it back to the City," Mr. Richard Foster, 1050 Chokecherry Drive, Winter Springs, Florida: advised the Board that he was "Concerned with flooding as well" but "It sounds as - those issues were addressed", Mr. Michael Reynolds, 1052 Chokecherry Drive, Winter Springs, Florida: was in agreement with the drive relocation "As long as the neighbor will cooperate and close up the pipe". MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION THAT WE APPROVE THE VARIANCE REQUEST - AND FORWARD IT TO THE CITY COMMISSION FOR FINAL APPROVAL - AS PRESENTED ON THE UPDATED PLAN AND PROFILE - ON NOVEMBER 12, 2002." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. REGULAR B. Paul Starks Requests A Variance :From The 240 Square-Foot Maximum For A Detached Accessory Buildling Set Forth In Section 6-84. Of The City Code Of Ordinances At 210 Arnold Lane (Lot 6, Block H, North Orlando Ranches, Sec. lA.) Mr. Baker presented the Agenda Item; informed the Board that "Staff does not find that this request meets the six (6) criteria; and if the Board provides a Variance,oMr. Baker asked that a stipulation be placed stating to "Not take out any big trees". ~ ~ z ~ ~ == u < ~ ~ < Il"\\ \~_50 fOI'-t.S\~Gt.S O~'" :I- ').0' eOO \ ?'-~\ \ \ \ \ \ \ \ ~!>~. 'Z.o'2 Wt::.o ..11 .~a -~ I f~~l -......"<ll..~_ ~e:r_ -:\ ~~. ./ / .f~ " . // ,/~ ~' : ,;\( IJlAV"II\CII~ ~;:r ~ (ID S-lHlT.tJfYI.t.I.Nliot,.[ -S.,.-- SANITARY s[WfR MAIN [XJ ",,a,7tRVAlY( ~r1l'l(H'I'l)RlIIT .,.....T!R WAIN -...- O\lER-1fEAl) f'O'IloU. UHf EEl OolITERfD ENO SECtION ~C1JRBINLLT @ DR,..,.Aa; IoIIo,NHOlL ~ c,o,TQiBo\SI,.. --0- ORAIIolAG'EPlPE 6 \ \ \ \ \ \ \ \ \ \ ,0\ ~a~ '!~ ;;; LEGEND m COH'C. PAD WI lRANSl'CRIo!ER cu..., WOOO POVItR POU: I*J ..."TtRl.t[!ER . T'Q,r"HO'I( MlSER o flLClRlC RIS(R '*' CABlL T.V. RISER <t """" '"' o RCCOVERED PROPERTY CORNER AS u.so..ro @ SO IRON ROO AS lAOO.ED G ~CRETt I.t(JNUl.lE/'lr AS lA8flLD ~ \\lQOOaRtOCE ~'MJOO"AlI( , " " " " " " " " " ,,p " " " OAK FOREST UNIT 1 PLAT BOOK 22. PAGES 81-83 " os \ \ \ .. ~ ; \ \ \ 3 6..356 AC. M, A. GARCIA. III 4 J.9a4 ...C. IBI PROPOSED PAvatENl ~ PA\Q(Dn TO Br Ro.O\'tD DESlCHm_ ~ ....~- -Jt>>oIlot.Sl"ZS,PL.fl.A.Ho.2I!1.).o Pl'tO.a;TENaNEIJI; CYLCI$OPlJM[ o...n::_ ~~- ~"'-. Blount Sikee & Asaoc:iatea ConaulUnQ' CI-.41 E"".lln..ra & Sur_~ J032 WW1l'Y om.. on-lo, F'krloa J.UiIOlI { at4-JllC)4 Hl fi4-J.!Il>> ACCESS DRIVE RELOCATION PLAN FOR M, A. .. ~~ / / / / / / LARRY E.. &: WARY A. BEASln UHPlA mIl 2.365 ACRES Hl~'''~'J,S"'W ~\ ~ ::. .' 3\ 8.\ \ 5 t.840 AC. " , < . dH1.O' J1 ~ tJ 1:~l~ TYPICAL PAVEMENT SECTION mrrro=<L GARCIA. III ~CTHo. .....m ~ ....i:~:.