Title:
title
Approve and authorize the Chairman to execute a Resolution vacating and abandoning a portion of a platted Drainage, Water, and Conservation Easement on Lot 11 of the Bear Gully Bay Subdivision recorded in Plat Book 33, Pages 55-57 of the Public Records of Seminole County, for property located on the east side of Kinsley Place, approximately ¼ mile south of Dodd Road, more particularly known as 3802 Kinsley Place, Winter Park, Florida; (Jennifer Cosgriff & Adam Holers, Applicants) District1 - Dallari (Mike Rhodes, Interim Development Services Director)
end
Division:
division
Development Services
body
Authorized By:
Mike Rhodes, Interim Development Services Director
Contact/Phone Number:
Joy Giles 407-665-7399
Background:
The Applicants have petitioned the County to vacate and abandon a portion of a platted Drainage, Water, and Conservation Easement (DWCE) located on Lot 11 of the Bear Gully Bay Plat, recorded in Plat Book 33, Pages 55 through 57 of the Seminole County Public Records. The Bear Gully Bay Plat was approved in 1985 for twenty-five (25) single family lots, twelve (12) of which are lake front lots on Bear Gully Lake that are encumbered by the DWCE. The Applicants are requesting a partial vacate of the DWCE for an area approximately 1,133 square feet in size to allow for the construction of a swimming pool.
The Engineering Plans for the Bear Gully Bay Subdivision (approved in 1984) established the 100-year flood elevation of Bear Gully Lake to be at elevation 53.6 feet per the National Geodetic Vertical Datum of 1929, defining the buildable area of each lot with a note stating that all areas below the 100-year flood elevation are to be designated as a DWCE. The Bear Gully Bay Plat denoted the DWCE easement for Lots 5 through 16, and Lots 18 and 19.
A Drainage, Water, and Conservation Easement is a legal agreement that establishes certain land areas for specific purposes related to water management and environmental conservation. These easements protect wetlands and floodplains and manage the impacts of flooding by maintaining natural landscapes, managing water flow, reducing runoff and erosion, conserving habitats, and providing legal protections. In this circumstance, the DWCE is for the purpose of managing the water flow within the floodplain to reduce runoff and erosion, and not for the purpose of conserving wetlands or environmentally sensitive natural habitats (with exception of floodplain); wetlands (above the normal high-water line of Bear Gully Lake) are not present on the subject Lot 11.
Per Seminole County Comprehensive Plan Policy DRG 2.3 - Floodprone Area Regulation; floodplains may be altered with an approved site plan that demonstrates compensating storage that meets the required volume of floodplain compensation. In the late 1980’s the Board of County Commissioners approved the partial vacation of the DWCE on Lot 10 and Lot 12 in exchange for the dedication of additional area for compensating storage through the execution of an additional drainage easement.
The Applicants have submitted a site plan to Seminole County that demonstrates the modification of onsite drainage patterns, providing for the relocation of compensating storage equal to the original volume required to be held onsite. Public Works reviewed the site plan and determined that the modification to the onsite drainage flow is sufficient to promote flood resilience, protect water quality, and support biodiversity; therefore, Staff has no objection to the partial vacate as requested. The DWCE located on the remaining portion of the site will remain intact to ensure the floodplain is adequately preserved.
This request complies with the requirements for vacating easements under the authority of Section 35.181, Land Development Code of Seminole County, and Section 177.101 of the Florida Statutes.
Requested Action:
Staff requests the Board approve and authorize the Chairman to execute a Resolution vacating and abandoning a portion of a platted Drainage, Water, and Conservation Easement on Lot 11 of the Bear Gully Bay Subdivision recorded in Plat Book 33, Pages 55-57 of the Public Records of Seminole County, for property located on the east side of Kinsley Place, approximately ¼ mile south of Dodd Road, more particularly known as 3802 Kinsley Place, Winter Park, Florida.