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CASSELBERRY CITY COMMISSION Minutes of February 9, 2009. Regular Meeting Page 14 of 18 12. OTHER ITEMS A. Bluebell Drive Property Owners' Appeal of Fence Opening at Castlewood Apartments Staff Presentation: Ms. Sandra Smith, Chief Planner, stated the residents of Bluebell Drive are appealing a decision of the City Commission to allow an opening in the fence at the end of their street to enable pedestrian traffic to and from the Castlewood Apartments. Castlewood Apartments replaced a segment of their fence adjacent to Bluebell Drive in October 2008. In doing so, they left an opening between two of the fence panels to allow pedestrian traffic from the apartment complex to access Bluebell Drive. The residents of Bluebell Drive presented a petition to the City Commission on November 10,2008 requesting that the opening be closed. Staff provided information to the City Commission at their December 8, 2008 meeting supporting the apartment's right to maintain the opening. At the December 8, 2008 meeting, the City Commission reviewed staffs analysis supporting issuance of a building permit to allow an opening in the fence at Bluebell Drive. The analysis stated: I) Bluebell Drive is a public road; 2) The site plan data for Castlewood Apartments did not restrict pedestrian access to Bluebell Drive and that finding was supported in a memorandum from the Fire Inspector dated July 6, 1993; and 3) The opening provides a connection between residential areas that allows residents to more easily access Winter Park Drive. The City Commission determined that the opening could remain but the apartment manager would have to relocate the opening to the paved area adjacent to the emergency gate. Staff notified the residents of Bluebell Drive of the City Commission's decision. The Bluebell Drive residents requested an appeal of the City Commission's determination on January 9, 2009. Staff met with the Bluebell Drive residents on January 19,2009 to provide the facts relating to the issue. The residents expressed concern that the fence opening would impact their street by providing access to a criminal element through the apartment complex. Issues regarding the 1993 site plan approval for Castlewood Apartments and a previous 2005 code enforcement order were also discussed. The residents in attendance at the January 19, 2009 meeting stated they would also prefer eliminating the potential access from the apartment complex onto the public right-of-ways of Camelia Drive and Wingo Drive. Due to negative media coverage generated on this issue, the Castlewood Apartments manager obtained a building permit to close the opening in the fence. The Bluebell Drive residents were notified of this action and requested to maintain their appeal to the City Commission's decision and obtain the Commission's support to permanently prohibit access at Bluebell Drive. The request to also permanently close Camelia and Wingo Drive to pedestrian access were not part of the original appeal and can be brought forward at another time to be evaluated on its own merit. Considerations regarding the permanent closure of a pedestrian access at the end of Bluebell Drive into the Castlewood Apartments complex included: The original site plan approval did not eliminate pedestrian access to the adjacent public roadways. Permanent closure would eliminate the public's access to the a public roadway. The emergency access entrance must always remain in place. Permanent closure would eliminate a connection provided on the City's Bicycle Master Plan. Without this access, the travel distance to Winter Park Drive for residents at the western portion of Castlewood Apartments is an additional quarter of a mile.