Loading...
HomeMy WebLinkAbout2002 07 08 Consent B Upland Buffer COMMISSION AGENDA ITEM B Consent X Informational Public Hearing Regular ~l't 8 Ju~4 . 2002 /' Meeting M~/ ~ Authorization . REQUEST: The Community Development Department presents a request by Tuskawilla Office Park, LLC, to allow a 15 foot wide temporary construction easement over the 15 foot wide upland buffer adjacent to the wetlands abutting the north side of Tuskawilla Office Park.. PURPOSE: The purpose of this item is to consider temporarily allowing the use of a 15 foot wide upland buffer while constructing buildings 4 through 11. APPLICABLE LAW AND PUBLIC POLICY: Comprehensive Plan Policy 1.2.13, Objective 1.4, and Policy 1.4.2 CONSIDERATIONS: The developer wishes to build all the way to the upland buffer and needs the ability to work in the buffer area while the buildings are under construction. The buffer is a City requirement and was not required by the St. Johns River Water Management District (SJRWMD). The staffDRC has reviewed the request and recommends approval. ATTACHMENTS: A. Consultant's Letter COMMISSION ACTION: 1\' ......' ~ Morgan Environluelllal Consulting, Inc. 740 Florida Central Parkway, Suite 2004 Lollgwood, Florida J2750 May 14, 2002 Mr. Ron McLemore, City Manager City of Winter Springs 11 26 East State Road 434 Winter Springs, Florida 32708 Re: Tuscawilla Office Park City of Winter Springs; Upland Buffer Requested Temporary CQnstruction Easement Dear Mr. McLemore: As discussed with Ms. Kimberly Hall, P.E., City of Winter Springs Engineer and Stormwater Utility Manager, the following Is a request to allow a "Temporary Construction Easement" over the landward-most edge of the City's required 1 5' Upland Buffer. As you may be aware, due to the fact the project incorporated no wetland impacts and received a Management and Storage of Surface Water (MSSW) Permit from the St. John's River Water Management District (SJRWMO Permit #42-117-22125.16), no upland secondary buffers were required by the District. However, regardless of this fact, the City is still requiring a 1 5' upland buffer extending from the Jurisdictional line. As has been discussed with Ms. Hall, no encroachments in association with the project or its' buildings are being proposed within the 1 S' upland buffer. All grading concerns are being offset by the utilization of a stem wall along the limits of construction, which Is landward of the upland buffer. This stem wall prevents the necessity of fill material being placed within the upland buffer in associatIon with the required return to natural grade. However, Ms. Half is concerned that there may be some temporary encroachments Into the buffer Itself. These encroachments would be temporary in nature and most likely contributed to foot traffic, scaffolding locations, etc.; not machinery of fill material. Unfortunately, per the City's code, any encroachment into the upland buffer could result In a potential $5,000.00 fine. Phone (407) 260-0448 . Fax (407) 260-0446 '. . Mr. Ron McLemore TU$cawilla Office Park MOlY 14, 2002 Page 2 With regard to the existing upland buffer, it is dominated by a dense groundcover of saw palmetto (Serenoa repens), with a sparsely scattered canopy of slash pine (Pinus el/iotrii). Due to the heartiness of the saw palmetto, it is not anticipated that any adverse affects will be imposed by the temporary disturbances associated with the permitted construction activities (i.e., foot traffic, scaffolding, etc.). Nor Is it anticipated that the ecological integrity or functional value of the upland buffer or its' adjacent wetlands will be adversely a ffected_ by the above stated temporary construction activities. It is for the aforementioned reasons that , am requesting a tiT emporary Construction Easement" over the landward is' edge of the upland buffer to allow for these temporary encroachments without the risk of potential penalties. I look forward to hearing from you with regard to your opinion on this matter. If you have any questions or concerns regarding this request, or If you need any additional information, please feel free to contact me at my office at your convenience. Thank you for your consideration on this matter. ~ Stephen Butler Morgan Environmental Consulting, Inc. cc: K;mber1y Hall, P.E.; City of Winter Springs Larry WIlliams; Tuscawilla Office Park, L.L.C. Sandy Bierly; Tuscawilla Office Park, L.L.C.