HomeMy WebLinkAbout2005 05 09 Public Hearing 403, Development in Greenspoint Subdivision
CITY COMMISSION
AGENDA
ITEM 403
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
May 9, 2005
Meeting
MGR
Authorization
REQUEST: The Community Development Department recommends the City Commission
hear the request for a waiver from the from section 6-86 of the City Code of Ordinances, by
way of Subsection 20-354 (d) (7), to allow a builder to construct 8 homes, consistent with the
existing development in the Greenspoint subdivision, within the Highlands PUD .
PURPOSE: The purpose of this agenda item is to consider a waiver request by Julian
Demorra from the requirements of section 6-86 of the City Code of Ordinances to allow a
builder to complete 8 lots of tbe Greenspoint subdivision, within The Highlands PUD,
consistent with the t)plcal setbacks in that subdivision. The waiver request affects lots I, 8,
13,67,72,82, 101, and 102, none of which has a dwelling on it.
APPLICABLE CODE:
See. 6-86. Minimum setback requirements within pun zoning districts.
Sec. 2-354. Site Development Standards [for PUDs).
CHRONOLOGY:
July 12, 2004 - City Commission adopts Ordinance No. 2004-31, establishing minimum
building setbacks within PUDs.
March 16, 2005 - City receives application package from Julian Demorra.
April 7, 2005 - BOA recommends the waiver be approved.
April 18, 2005 - P&Z recommends the waiver be approved.
FINDINGS:
1) The Grecnspointe subdivision plat was recorded December 15,1983, with 11610t5
on 23.179 acres.
May 9,2005
Public Hearing Item 403
Page 2
2)
3)
The applicant states that the proposed waiver request would makc the homes on
these 8 un-built lots consistent with the setbacks on a majority of the built lots in
that subdivision, He states that the setback provisions of Subsection 6-86 would
force him to build in a manner that would be inconsistent and incompatible with the
surrol.mding neighborhood, as the new houses would not align with the existing
residences.
The applicant states that each of the 8 new houses would have at least a 3 foot
minimum side yard sctback, a minimum 10 foot iront and rear setback, except that
lot 102 is proposed with a 5 foot ITont yard setback (about 13 feet from the curb) on
one side and approximately 2.43 feet on the south side (for about 5 feet near the rear
ofthe house).
There are no building setbacks depicted on the Greenspointe final subdivision plat,
recorded in Plat Book 29, Pages 24-26, December 15, 1983.
The waiver request must conform to all six of the waiver criteria set forth in Section
20-34 of the City's Code of Ordinances.
The Greenspointe Homeowners' Association hierarchy has investigated the
locations ofvarloUS homes on the lots and has stated that it believes the applicant's
request is consistent with the existing development within Greenspointe - and
therefore supports the applicant's request.
The applicant has provided a list of signatures of persons purported to live near lots
101 and 102 who state their support for the waiver request.
Residents voiced concern about drainage at both the BOA and P&Z meetings; past
Highlands HOA President Helga Schwarz voiced concern that the request had not
been presented to the Highlands HOA; and one e-mail was received from Andrew
Koberlein (643 Nighthawk Circle), stating that he opposes ". ..any changes that do
not promote a minimum clearance of 10 feet between structures..."
4)
5)
6)
7)
8)
BOA RECOMMENDATION: At its regularly scheduled meeting of April 7, 2005, the
Board of Adjustment voted to recommend the waiver be approved to allow 10 foot front and
rear building setbacks and 3 foot side building setbacks, with as little as 2.43 feet for an
approximately 5 foot long section toward the rear of the south side of the house to be built on
lot 102.
P& Z RECOMMENDA TION: At a special April 18, 2005, Planning and Zoning Board
meeting, the Planning and Zoning Board recommended the waiver be approved to allow 10
foot ITont and rear building setbacks and 3 foot side building setbacks, with as little as 2.43 feet
for an approximately 5 foot long section toward the rear of the south side of the house to be
built on lot 102.
RECOMMENDATiON: The BOA, P&Z, and staff recommend approval of the waiver to
allow a 10 foot front and rear yard building setback, a 3 foot side building setback on each side
of the building, with as little as 2.43 feet for an approximately 5 foot long portion of the south
side (toward the rear of the house) for lot 102, The waiver request applies to lots 1, 8, 13,67,
72,82,101, and 102.
May 9, 2005
Public Hearing Item 403
Page 3
ATTACHMENTS:
A - Location Map
B - Application
C - Construction plans for Hawks Landing (now Greenspoint)
D - Other correspondence
E - Proposed Plot Plan for lot 102
F - Section 6-86 & Subsection 20-354 (d) (7)
G - Waiver criteria
H - Draft BOA Minutes
I - P&Z Minutes
CITY COMMISSION ACTION:
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\'\' NOTES:
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. 0 200 40Cl
Municipal Address Map Book ,...~. ,
~ REVISI!D: ScaIll;JIo-350fMt
Oct 2003 " 2, 3,
City of Winter Springs, FL p:p. 2405
Dn'IJopodB)':~~41Upp11llC<<p.
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ATTACHMENT B U'1"1-.e, P2JI-Z'7
CITY OF WINTER SPRINGS
. '
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434 P.r:::CE,V;:';D
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
J
CITY CF limni';':; ~:;DI\INGS
Permilling-Oa~m<mB
BOARD OF ADJUSTMENT APPLICATION
!KI WAIVER
o VARIANCE
o CONDITIONAL USE I SPECIAL EXCEPTION
o APPEAL OF AN ADMINISTRATIVE DECISION
APPUCANT: JULIAN DEMORRA
Middle
KEY REALTY DEVELOPMENT
First
MAILING ADDRESS: 2845 ENTERPRISE ROAD
DEBARY, FLRODlA 32718
City
PHONE: (407) 538-1465
State
Zip Code
If Applicant does NOT own the propL'T1:y:
PROPERTY OWNER; DEMORRA
Last
JULIAN
First
Middle
PHONE:
MAILING ADDRESS: SAlv1E AS ABOVE
City
Slate
Zip Code
This request is for the property described below:
PROPERTY ADDRESS: 633 & 635 NIGHTHAWK CIRCLE, WINTER SPRINGS 32708- LOT # 101,
lot 102 and 6 additional lots se.e ~ched. ()
TAX PARCEL NUMBER,_ J//t.(',pl<'" W t2zt~ /.c,P'-
SIZE OF PARCEL: ...I&- (1,;,,(/ J- {PCA> (vI 'P/fne<G O'~e-4,,'/'
Squarentet / Acres
Current FUTURE LAND USE Classi fication: MEDIUM DENSITY RESIDENTIAL
Current ZONING Classitication: PUD
Please state YOUR REQUEST: Grccnspointe Sub-Division was approved m~~e_185H "ISC
restriction showed zero lot lines. I have built many homes on the lots I owne~~srtiii" RECEIPTS
completing the last fcw lots I have. Your PUD ordinance creates a hardship alQtWl.aklsuimpossilJl'ifl16/85 16189
Payent I $588.88
Recei,t. : 88m:;
Check/Credit Card II 7672
Clerk Iddubois
Paid By : KEY REALTY & DEVELO
,
April30,2004
WAIVER REQUEST
A waiver requires compliance with all six (6) criteria oullined in Code
Section 20-34:
Address each of the following conditions related to the variance request Attach
additional paper as necessary:
o What is the Waiver you are requesting? Exception from the recently enacted PUD
ordinance related to set backs for zero lot lines
o Is the proposed developmenl plan in substantial compliance with Chapter 20
of the Cily's Code of Ordinances and in compliance wilh lhe Comprehensive
Plan?
This sub-division was aranted riahts to build over 20 years aQO with "no" set back requirements in
place except restrictions imposed bv the deed restrictions. Over 90% of the lots have been built
under these conditions. The comprehensive olan currently calls for medium density residential in
the HiQhlands sub-division of which GreensDointe pertains to.
o Will the proposed development plan significantly enhance the real property?
It enhances the property in that it comoletes the area where the lots are now next to built homes.
am sure the neiahbors would be happy to see a home rather than en emoty lot next to them. It
sure increases oroperty values for all
o Will the proposed development plan serve the public health, safety, and
welfare of the City of Winter Springs?
It meets the requirements.
o Willlhe )Naiver diminish property values in or alter the essenlial character of
the surrounding neighborhood?
It increases propertY value. A survey of current orooertv values in Greenspolnt shows an
eXPonential increase the values of the homes.
o Is the waiver request the minimum waiver lhat will eliminate or reduce the
illogical, impossible, impractical, or patently unreasonable resull caused by the
applicable lerm or condilion under this chapter?
Yes.
5
J."",,')' 26,2005
o Is the proposed development plan compatible with lhe surrounding
neighborhood?
Yes. Please bear in mind that 90% of the homes built in GreensDoint have less than 10' front set
back and no rear set back requirements. The homes all alian beautifullv. ChanQinQ the chararcted
to meet the PUD set back not only chanQes the current look of the community but creates a
hardship since all of my olans are the same, the lots are small and narrow.
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ATTACHMENT D
.9T_; e4JJodo.Bon. 91lG
1'.0. Box 196321 . Winter Springs. f'L 32719.6321
April 6, 2005
RECEIVED
App "I " ~GrF':
"" I, I.. ~.~,.
Board of Adjustment, , City of Winter Springs,
City Hal~ 1126 East State Road 434,
Winter Springs, Florida 32708
CITY OF WINILJ, CiPH;rJGS
Cun-en!!'I",,,""'\;
AND
Re: Waiver on proposed
construction of new homes
on the remaining eight undeveloped
lots in Greenspointe, Winter Springs
Commissioners, City of Winter Springs,
City Hall, 1126 Ea.t State Road 434,
Winter Springs, Florida 32708
Dear Members:
The An:hitectural Control Committee of the Greenspointe Homeowners Association
continues to encourage Mr. Julian Demors I Key Realty Development to build
quality homes in Greenspointe and it is in our comm.unity's best interest to have
Greenspointe totally bullt out. Those hom.es, however, must continue to be in
hannony with the current ODe hundred eight homes in our development and any
proposed homes must be constructed in accordance with applicable sections of our
DECLARATION OF COVENANTS. RESTfUCTIONS AND AGREEMENT OF
MAINTENANCE . (Section. 12 through 17 of our DECLARATION. which
specifically address Greenspointe's home construction requirements, are attached
for your information and review).
The members of the Greenspointe Architectural Control Committee met on April 2,
2005, for the following pnrpos..: (I) to view undeveloped Greenspolnte lots 101 and
102 where two homes are proposed to be built in the near future (and 00 which lots
Mr. Demora is requesting a waiver of Chapter 6, Article III, Sec. 6-86 of Winter
Springs' BUILDINGS AND BUILDING REGULATIONS); (2) to review the
location of the remaining six (6) undeveloped lots on the Plat of Greeospointe (and
on which Mr. Demora is also requesting a waiver of Sec. 6-86 of the city
BUILDINGS AND BUILDING REGULATIONS to huild homes some time in the
future); (3) to review Mr. Demora's Plot Plans for his DroDOsed home construction
on lots 101 and 102, and (4) to develop the Architectural Control Committee'.
recommendations to the Winter Springs Board of Adjustment and to the city
Commissioners on fllture home construction in Greenspointe.
,
SectIou 12 through 17 oftbe GREENSPOJNTE HOMEOWNERS ASSOCIATION. IDe.. DBCLARATION OF
COVENANTS. RESTRICTIONS IUldAGREEMENT OF MAINTBNANCE
\2, RESIDENTIAL USE ONLY,
No lot shall be used except for single f8IBily residential purposes. No
building shall be erected, altered, placed or permitted to remain on any lot other than one
single family dwelUng not to exceed two (2) stories In height and a private garage for not
more than three (3) cars.
13. ARCHITECTURAL CONTROL COMMIT'J'EE,
The Architectural Control Committee shall be composed of three (3)
members of the Board of Directors of the GREENSPOINTE Homeowners' Association,
Inc., (a Florida corporation not for profit), or three (3) persons appointed by the Board of
Directors of said corporation not for profit who shall not necessarily be members of the
Board of Directors. In the event of death of, or resignation of any member of the
committee, the Board of Directors shaU designate a suceessor within sixty (60) days from
the date of said death or resignation.
14, PLAN APPROVAL
No buDding or construction of any nature shaD be erected, placed or
altered on any lot until the construction plans and specifications and a plan showing the
location of the structure have been approved by the Architectural Control Committee as to
quality of workmanship and materials, harmony of external design and external colors with
existing structures, and as to location with respect to topography and finish grade elevation.
The approval of the Highlands Homeowners Association Architectural Review Board is also
required.
15, TIME FOR APPROVAL,
The committees approval or disapproval as required in these covenants shall be
in writing. In the event that the committee or its designated representative fails to approve
or disapprove within thirty (30) days after plans and specifications have been submitted to
it, or in the event if no suit to enjoin the construction has been commenced prior to the
completion thereof, approval will not be required and the related covenants shall be deemed
to have been tully complied with.
16. SOUARE FOOTAGE.
No principal residence shall be erected unless the square footage area thereof,
exclusive of screened porches, garages and storage rooms, shall equal or exceed one
thousand four hundred (1,400) square feet; provided, however, that two-story homes need
only have seven hundred (700) square feet on the ground floor.
17, TEMPORARY RESIDENCES.
No structure of a temporary character, trailer, boat, motor home, tent,
shack, garage, barn or other outbuilding shall be used on aDY lot at aoy time as a residence
or appendage to such residence, either temporarily or permanently.
The Committee reconvened on April 6 (following Julian Demora's provision of
revised plot plans for the proposed homes on Greenspointe lots 101 and 102 to the
Committee) to further discuss his proposed construction of homes on
Greenspointe's eight undeveloped lots.
Since Mr. Demora is applying for a City of Winter Springs waiver to build homes on
Greenspointe's eight undeveloped lots with "a minimum three (3-0) foot side set-
back" and "a minimum ten (10-0) foot front set-back" and "a minimum ten (10) foot
back set-back" for the proposed homes (with the exception of the home on lot 102),
the Greenspointe Arclaitectural Control Committee unanimously agrees those set-
back measurements are in harmony with existing homes in Greenspointe. Our
Committee, therefore, recommends the approval of the waiver for those requested
side, front and rear set-backs for all future homes to be built in Grcenspointe by
Key Realty (with the exception oflot 102.)
Following review of the revised plot plan dated April 5, 2005, for the proposed home
on lot 102, the Architedural Control Committee recommends approval of that plot
plan whicb will require a set-back of only fIVe (5-0) feet from the front property
line, ten (10-0) feet from the rear property line and three or more feet set-backs
from the side property lines except for the approximately five feet at the rear of the
right elevation where the proposed home on lot 102 will be built as shown on the
reviscd plot plan for lot 102.
Finally, any proposed construction on Greenspointe ngolf course" lots 67, 72 and 81,
the rear property lines of whieh abut the Winter Springs golf course, cannot
encroach into the twenty-fIVe (25-0) foot golf course buffer zone defined in tbe 1983
deed transferring all of Greenspointe property from the owners of the Golf Course.
We continue to appreciate the oversight of the City of Winter Springs regarding
building codes to ensure quality homes continue to be built in our city.
For the Architectural Control Comm.ittee:
~r~
Enclosure:
Sections 12 through 17 of Greenspointe's
COVENANTS. RESTRICTIONS AND
MAINTENANCE
DECLARATION OF
AGREEMENT OF
Copy:
Architectural Review Board, Highlands Homeowners Association
(0 build houses on the 8 lots in keeping with the character of the
will bave a minimum 3' side set-back, a minimwn 10' frontset~back &
tUn 10' ~ack set-back.
one prop~rty, lot# 102 has it's front on an extreme curve--- Therefore it will have
ircular drivew\ly, to accommodate parking & will be set-back 1.2' on the left front
edge (approximately 8' from the curb-the right front edge will be set-back 30'
(approximately 3:7' from the curb). The reason for shifting this house forward is to ensure
that the back patio does not almost touch the rear neighbor's line. (see attached drawing
oflot# 102)
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Page 1 ofl
John Baker
From: Andrew Koberlsin (kohera@iag.netJ
Sent: Monday, April 18, 2005 6:35 PM
To: John Baker
Subject: In reference to hearing Julian Demorra Code Waiver Request.
I oppose any changes that do not promote a minimum clearance of 10Ft between structures going forward.
Andrew Koberlein 407-741-9109
643 NightHawk Circle
Winter Springs Fl. 32708
4/18/2005
CITY OF WINTER SPRINGS, FLORIDA
, 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
April 22, 2005
RE: Public Hearing -Julian Demorra Code Waiver Request
Dear Properly Owner:
-
The City of Winter Springs invites you to attend a public hearing to discuss a code waiver
request by Julian Demorra to construct 8 homes within the Greenspoint subdivision (part
of the Highlands Planned Unit Development). The homes are proposed on the following
lots: 1,8, 13,67,72,82,101, and 102. A code revision changed the applicable building
setbacks within the subdivision in July of2004. The applicant states that building the
remaining 8 homes with the new setbacks would be inconsislent with the existing
development within Greeenspoint.
The City Commission pUblic hearing has been rescheduled to 6:30 p.m. on May 9,
2005, at the Winter Springs City Hall, located at 1126 E. State Road 434.
If you should require additional information prior to the meetings, do not hesitate to reach
me at 407-327-5966.
Sincerely,
(42 a,e:-
';;0-;'" Baker, AICP
Senior Planner
.
ATTACHMENT E
" PLOT PLAN -
-RE""Al PI'fUIJI::.HT,.-' OESCRIPT1ON-
lOT t02; GREENSPOINlE, ACCORDING' TO' 1l1E PLAT 1l1EREOF AS RECORDED' IN PLAT BOOI< 29;
PAGES 24 THROUGH 27 OF lHE PUBUC RECORDS Of sa.tINOlE COUN'lY. flORIDA.
NOT A BOUNDARY SURVEY
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ABBREVIA
e.w. -GIlNCIl('III:IICNUIIDIT
".It -Pl.AT,IlXII:.
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SURVEYOR'S. N~
1-. NOT VAUD WllHOUT 1HE SIGNAnJRE AND. ORiGINAL liAISED
SEAL OF II FlORIDA UCUfsm SURVEYOR AND NAPPER.
2,. 1HE "REAL PROPER-lV DESCRlPnON~ SHOYIW HEREOf+. IS, IN. ACCORDANCE
v.t1M THE DESCRIPTION PlWWlfD BY lHE CUENT.
J. NO UNDERGROUHo IWPftOVEMEH:rs. OR. VISIBlE lNSTAlLAllONS. HA'VE BEEN
LOCATED OlHER THAN SHOWN.
... BEARINGS. ARE BASEO ON. nlE NOIR1H UNE or. SAKI LOT ill ASSlJJ.lEl). AS.
BEING N, 85'42'48- Eo PER PLAT.
5.. HA\IlHG- CON5UU'ED. THE. NATIONAL ROM. INSUllAlIt:S" ~1lI"IruJ.U' RIl'U'
CER71F1ED TO:
KEY REALTY & DEVELOPIolENT
SURVEYOR's CER71F1CA rEo'
THIS IS to CDlFY'lJlAT'lhTSStJIMY.wtE1S '!HE MlNIMlJU 'lEOlNICAl.STANDAAllS
AS SET FORTH BY lHE FLORIDA BOARD OF PROFESSIONAL SUR'f'EYORS
ATTACHMENT F
16-85
WINTER SPRINGS CODE
enclosures shall be supplied with all plans show~
ing that same comply with wind load and live load
requirements of the building code of the city.
(c) Setbacks. The screen enclosure shall meet
all code requirements for front and side yard
setbacks which are applicable to the subject prop_
erty. Notwithstanding any other applicable rear
setback requirement, the screen enclosure shall
not be located any closer than seven (7) feet from
the rear property line of the subject property. On
lakefront property, no screen enclosure shall be
located any closer than tw"enty-five (25) feet from
the shoreline, as determined by the existing or
established high-water control level.
(d) Height. The screen enclosure shall not be
higher than the primary structure on the subject
property, except when the principal strocture
exceeds twelve (12) feet. In which case, the screen
enclosure shall be set back an additional two (2)
feet from the minimum setback requirements
contained in subsection (c) for every additional
foot above twelve feet.
(e) Easements. Screen enclosures shall not be
constructed within an easement area, unless the
easement expressly allows said construction.
(f) Screen enclosure modifications. H any por-
tion of an existing screen enclosure is modified so
that it no longer satisfies the definition in subsec-
tion (a), the modified screen enclosure shall meet
all building setback and height requirements that
are applicable to principal and accessory build-
ings for the subject property.
<Ord. No. 2002-31, ~ 3, 10-28-02)
Sec. 6..s6. Minimum setback requirements
within PUD zoning districts.
(a) General. Unless otherwise provided else-
where in the City Code or upon a plat of record
previously approved by the city commission, the
principal building setbacks for property zoned
planned unit development (PUD) shall be as
follows:
(1) Front yards. The front yard shall not be
less than twenty-five (25) feet in depth;
(2) Rear yards. The rear yard shall not be less
than ten (10) feet in depth;
Supp. No.6
(3) Sick yards. The side yard shall not be less
than five (5) feet on each side of the
dwelling structure; and
(4) Corner yards. On corner lots, the front
yard set back of twenty-five (26) feet must
be maintained, at a minimum, on all sides
abutting public rights-of-way.
Notwithstanding the minimum setback require-
ments of this subsection, zero lot line property
shall be governed by subsection (b) below.
(b) Zero lot line. Unless otherwise provided
elsewhere in the City Code or upon a plat of
record previously approved by the city commis-
sion, the principal building setbacks for zero lot
line property zoned planned unit development
(PUD) shall be as follows:
(1) Eront yards. The front yard shall not be
less than fw'enty-five (25) feet in depth;
,
(2) Rear yards. The rear yard shall not be less
than ten ho) feet in depth;
<
(3) Sick 'Yards. The side yard shall not be less
than five (5) feet on one (1) side of the
dwelling structure; and.
(4) Corner yards. On corner lots, the front
yard set back of twenty-five (25) feet must
be maintained, at a minimum, on all sides
abutting public rights-of-way.
(c) Conflicts. In the event of any conflict be-
tween the requirements of this section and any
declarations of covenants and restrictions govern-
ing site conditions of a pun development within
the city, the more restrictive shall apply. In the
event of any conflict bet.ween the requirements of
this section and any recorded development agree-
ment approved by the city commission or court
approved settlement agreement governing site
conditions of a PUD development within the city,
the conflicting provision in the development agree-
ment or court approved settlement agreement
shall prevail.
(d) New PUD developments. Nothing con-
tained in this section shall be construed as limit-
ing the city commission's authority to impose
setback requirements greater than the minimum
,
!
378.2
f20-354
WINTER SPRINGS CODE
(4) The adequacy and proximity of public
roads, utilities, services, and facilities re-
quired to serve the development.
The maximum allowed number of dwell~
ing units per gross residential acre and
maximum height by type of dwelling unit
shall be as follows unless specifically
waived by the city commission after re-
ceiving recommendations from the plan.
ning and zoning board:
Typ,
Single~family
detached
Patio homes
Townhouses
Garden apart-
ments
Maximum
Units per
Gross Resi.
dential Acre
Maximum
Height
2 stories
4.5
7.0
10.0
15.0
2 stories
3 stories
3 stories
(c) The applicant shall propose, and the plan-
ning and zoning board shall recommend, the
maximum allowable floor area ratio for all com-
mercial and industrial uses within the PUD to the
city commission. The commission may adopt the
recommendation or make such changes or amend-
ments as it deems proper.
(d) The following site development standards
shall apply unless waived by the city commission,
specifically finding after receiving recommenda-
tions from the planning and zoning board, that
the unique characteristics of the development in
question make unnecessary the application of one
(1) or more of these provisions in order to carry
out the intent and purpose of the planned unit
development district:
(1) The natural topography, soils and vegeta-
tion shall be preserved and utilized, where
possible, through the careful location and
design of circulation systems, buildings
and structures, parking areas, and open
space and recreational areas. Removal of
mature trees shall be compensated through
the installation oflandscaping materials.
(2) Landscaping consisting of trees, shrubs,
vines, ground covers, nnd irrigation facil-
ities shall be installed in common areas of
residential developments and in special
areas of commercial and industrial devel-
opments. Special attention should be given
to parking areas, refuse storage areas,
and in building setback and separation
areas to achieve proper screening.
(3) Common open space and recreational fa-
cilities in accordance with the standards
of the National Recreation Association
shall be provided to serve the residents of
the planned unit development.
(4) All land shown on the final development
plan as common open space, parks, and
recreational facilities shall be protected
through deed restrictions which shall en-
sure the preservation of its intended use,
the payment of future taxes, and the
maintenance of areas and facilities for a
safe, healthy and attractive living envi-
ronment.
(5) All common open space and recreational
facilities shall be specifically included in
the phasing plan, and shall be constructed
and fully improved by the developer at nn
equivalent or greater rate than the con-
struction of the residential structures which
they serve.
(6) The proposed location and arrangement
of structures shall not be detrimental to
existing or prospective adjacent land uses.
Lighting, access points, or high noise level
activities which adversely affect abutting
property shall be prohibited.
(7) Building setbacks from the mean high-
water level of nny lake, stream or body of
water, shall be at least fifty (50) feet.
Other minimum setbacks. lot sizes, and
lot widths shall be proposed by the appli-
cant, reviewed by the statl' nnd the plan-
ninp: and zoning board, and approved or
modified by the city commission.
(8) Central water systems, sewerage sys-
tems, stonnwater management systems,
utility lines and easements shall be pro-
vided in accordance with the appropriate
sections of chapter 9.
1344
ATTACHMENT G
120-33
WINTER SPRINGS CODE
lution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood
hazards.
(5) Whether the proposed use will have an
adverse impact on historic, scenic, and
cultural resources, including views and
vistas, and loss or degradation of cultural
and historic resources.
(6) Whether the proposed use will have an
adverse impact on public services, includ~
ing water, sewer, surface water manage-
ment, police, fire, parks and recreation,
streets, public transportation, marina and
waterways, and bicycle and pedestrian
facilities.
(7) Whether the proposed use will have an
adverse impact on housing and social con-
ditions, including variety of housing unit
types and prices, and neighborhood qual-
ity.
(Ord. No. 2004-49, ~ 2, 12-13-04)
Sec. 20-34. WaiVf!rA.
(0) Any real property owner may file a waiver
application requesting a waiver for their real
property from any term and condition of this
chapter (except from the list of permitted, condi-
tional and prohibited uses set forth in any zoning
district category) if the property owner clearly
demonstrates that the applicable term or condi-
tion clearly creates an illogical, impossible, im-
practical, or patently unreasonable result.
(b) The board of adjustment shall be required
to review all waiver applications and make a
written recommendation to the city commission.
Such recommendation shall include the reasons
for the board's recommendation and show the
board has considered the applicable waiver crite-
ria set forth in this section.
(c) Upon receipt of the hoard of acljustment's
recommendation, the city commission shall make
a final decision on the application. If the city
commission determines that the board of adjust-
ment has not made a recommendation on an
application within a reasonable period of time,
Supp. No.6
the city commission may, at its discretion, con-
sider an application without the board of
adjustment's recommendation.
(d) In addition to the standard set forth in
paragraph (a) above, all waiver recommendations
and final decisions shall also comply with the
following criteria:
(1) The propose development p an is in sub-
stantial compliance with this chapter and
in compliance with the comprehensive
plan.
(2) The proposed development plan will sig-
nificantly enhance the real property.
(3) The proposed development plan serves
the public health, safety, and welfare.
(4) The waiver will not diminish property
values in or alter the essential character
of the surrounding neighborhood.
(5) The waiver granted is theminimwn waiver
that will eliminate or reduce the illogical,
impossible, impractical, or patently unrea-
sonable result caused by the applicable
term or condition under this chapter.
(6) The proposed development plan is com-
patible with the surroWlding neighbor-
hood.
(Ord. No. 2004,49, ~ 2, 12-13-04)
Sec. 20-35. Administrative appeals.
(a) Any final administrative decision regard-
ing the enforcement or interpretation of this chap-
ter, where it is alleged there is an error by an
administrative official, can be appealed as set
forth in this section.
(b) Appeals shall be taken within thirty (30)
days after such administrative decision is made
by filing a written notice of appeal with the city
manager stating the name of the decision maker,
date of the decision, applicable code provisions
and the specific grounds for appeal. Upon receipt
of the notice of appeal, the city manager shall
schedule the appeal before the board of adjust-
ment and transmit all documents, plans, papers
or other materials constituting the record upon
which the action appealed from was taken.
1320
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407 324 5731 P.01
'.c.'" ;:'U1:.Jc;.-O'';'-CCQ
ATTACHMENT H
CITY OF WINTER SPRINGS, ORIDA
. . MINUTES
BOARD OF ADJUS NT
REGULAR MEBTIN
APRlL 7, 2005
{f!
DRAfT
CALL TO ORDER
The Board of AdjWlm<Dt Regular Meeting of Thursda ,April 7, 2005 was called to order
at 7:03 p.m. by Chairman Thomas Waters in the Co ission Chambers of the Municipal
Building (City Hall, 1126 East Stale Road 434, Winter prings, Florida 32708).
RoU CaU:
Chairman Thomas Walen, present
Vice Chainnan Jack Taylor, present
Board Member Linda Collins, present
Board Member lC.atbryn Fairchild, absent
Board Member Howard Casman, present
Board Member Linda Collins led lbe Pledge of Allegi ce.
Chairman Walen acknowledged City Commissioner ally McGinnis in attendance and
Mr. lohn Baker, AICP, Senior Pl>nner, Community D elopment Department introduced
Mr, Randy Stevenson, lbe City's new Community Dev lopment Department Dire<:tor.
PUBLIC INPUT
None,
CONSENT AGENDA
CONS&~T
200, Office orne City Clerk
Ap roval or Tbe March 3, 1005 Re ular Meeting
MINUTES." MOTION IIY
OARD MEMBER COLLINS,
"I MAKE A MOTION THAT WE APPROVE T
VIa; CHAIRMAN TAYLOR SECONDED BY
DISCUSSION.
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crrt OF WINTER. SPRINGS. F'tORIOA
MtNVTES ?E
IOAJJ) or o\DJ'USTMEI'IT
lEGOLAllMEmNC-APRlL 7. 2003
PAOEI0F6 ~
VOTE:
BO,-\NI MEMBER CASMAN: AYE
CRAJRMANWATERS: AYE
BOARD MEMBER COLLINS: AYE
VICE CHA.JRMA.N TAYLOR: AYE
MOTION CI\.RlUED.
DRAfT
PUBLIC HEARINGS AGENDA
J'tJBL1C HEARJ~GS
400. CommUllity Developme..t Department
Recomme..d, n. BOA (Board or Adjo,tme..t) H. The Request For A Waiver
From Sedlo.. 6-86. or The City Code or O~dlu .., To Allo.. A Builder To
Construet 8 (Eight) Ho....., Coo,ilteot With n. Ii,ting Development 10 The
GreeDspoint SUbdirisioD, With The Hi hlancls roo ( lanDed VlIlt Developm..t),
Mr, 101m Baker introduced this Agenda Item and pre,CIl pictures of the Green'poime
Subdivision and said, "We support thete,t. foot (10) front and rear setbacks."
Next, Mr. Baker stated, '~ do want to point out that b cd on the Code Section that I
provided you tonight, our Attorney [Anthony A. Gar ese] has infonned me - to take
this case to the Planning and Zoning Board, that will e on the 18" [April 2005] . a
Special Meeting _ before we take it to the City Co ssion, But, we do recommend
approval with that one difference.'l
DisCU3SiofL
/ofr, Allen Epstein, 22 Spring Ridge Drive, D.bory, PI rida: spoke on behalf of the
Applicant, Mr, Julian Demon3-
Dls{;ussion.
Chairman Waters opened the "Public lnpur" portion of ~is Agenda lrern.
,
Mr. Gary D(//er. 609 Nighrhrrwk Circl., Win'er Springs. Florida: as the President of the
Grcenspointe Horneo...w.e:r's Association and Memb I of the Architectural Control
Committee., Mr. Diller .spoke about the written propos and noted being in favor of the
l'Request" .
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Cm' OF WINTER SP~as. FLORlDA
MINUTES
-.cARD OF AJ).IUSTMENT
1lJ:'Ci\ll..4.I\MB!:'ltNG-AP-R..il'1.20D5
PACiEJOF6
M" Ja7lUJ! Cha,I.., 634 Nighthawk c.'c/e, Winter Spring!, Flonda: as the Vice ~
President of Greenspoinre Homeowper's Association d Member of the Architectur.l [j/
Control Committee, Mr, Charles spoke. in favor of th "Waiver Request". Mr..l:;.hf;Les^FT
read a letter from the Gteenspointe Homeo\Ytler's As oeiation dated April 6) ~:"""
copy was handed out to the Board Members. '
Mr, Ron Crowe, 504 Spoonbill Coult, WI",er Spring!, lorida: spOke of serious dnin.ge
problems and was opposed to this "Request".
Ml, Catherine Graham, 667 Nighthawk Circle, Win,e Springs, Florida: addressed the
Board on dninage problems and noted she was oppose to this "Request",
Tapel/Sid'eB
Further discussion.
Ms. Helga Schwarz, 720 Galloway Caurr, Wi",er Spri gs, Florida: as the President of
the Highland's Homeowner's Association, Ms. Schw spoke about plans that were nOT
submitted to the Architectural Review Board.
Mr, Michael Sprouse. 623 Anhinga Road, Winter Sprin s, Florida: suggested building.
two (2) story house; and spoke .bOUI cleaning out the d tches to avoid drainage problems;
3lld commented on emergencyvchicles getting through he s!reets.
Chairlnan War.,., closed the "Public Input" ponion of h" Ag,mda Item.
Discussion.,
Mr. Baker said, "We followed the provisions of th Code for posting the Sile and
notifYing people within one hundred and fifty feet (150' . I did notify Greenspointe BOA
(Homeowner's Association). I - did not think to notify the Highlands HOA
(Homeowner', Association)."
With further discussioD, Mr, Epstein said, "Vou have developments in Winter Sprin~
that will not meet those new PUD (planned Unit De elopment) requirements and they
will continue to build because they have a Developer's greement and the houses will be
sUe feet (6') apart or seven feet (7') apart because y changes .fter they got th.t
Agreement won't apply to them," Mr. Epmein ad ,"So, we came openly for 3.
.Waiver' under this new rule to build as 'We would in th past."
A list of,ign.tures was handed outto the Board Memb rs in favor of Lots 101 and 102.
Discussion.
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MlNVT.BS
BOARD 0' ADJUSTMENT
REGULAR MEETT\'IlCi - AI'fUl. 7, 2005
PACi!i4 OF (.
Mr. Julian Demo"a, . 660 Nighrhawk Circle, Winter rings, Florida: the
addressed the Board Membm regarding hi, "Waiver" a plication.
TIJW:1fSiIicA
Further discussion.
Mr, Epstein said, '1t was only thi. one (1) lot that create the odd problem. Otherwise, if
you look at his [Mr, Baker] reconunendation, I pliment him, It was very
professionally done, Seven out of eight lots they have no problem with under the new
PUP [plmned Unit Development] Ordinance."
"I MAKE A MOTION TO APPROVE THE W VER REQUEST FOR THE
tHREE FOOT (3') SIDE AND TEN FOOT (10') ONT AND REAR SETBACK
REQUESTS ON THE REFERENCED EIGHT ( ) LOTS, IN ADDITION, 1
AMEND THIS MOTION TO DENY THE FRON YARD WAIVER REQUEST
ON LOT 102 ENCROACHED ON THE PRO TY." MOTION BY VICE
CHAIRMAN TAYLOR MR BAKER ASKED, 'DOES THAT MEAN THAT
YOU WANT (LOT] 102 TO MEET THE TWE F1VE FOOT (25') OR THE
TEN FOOT (10') AS OPPOSED TO THE OT ERS?" VICE CHAIRMAN
TAYLOR SAID, "TEN FOOT (10') ON THE EIG (8) LOTS - EIGHT (8) LOTS
TOTAL RIGHT, SO THAT INCLUDES [LOT) Ion" MR BAKER SAID,
",..YES, BUT DO YOU ALL AGREE WITH -~R A FOUR (4) OR FIVE (5)
FOOT SECTION OF THE SIDE OF (LOT] 102 ING DOWN TO 2,43 FEET?"
VICE CHAIRMAN TAYLOR SAID, "I HAVE 1'1 PROBLEM WITH THAT."
SECONDED BY BOARD MEMIIER CASMAN. DI CUSSION.
VOTE:
VICE CHAIRMAN TAYLOR: AYE
BOAllD MEMBER COLLINS: AYE
BOARD MEMBER CASMAN: AYE
CHAIRMAN WATERS: NAY
MOTION CARR1I!:D.
Chainnan Waters asked, "Does this go to the 'P and Z [Planning And Zoning] Board?"
Mr, Baker said, "This and the noxt case will both go 0 the April IS" [2005] Planning
And Zoning Board and I'm .hooting for the April 25" [ 005] City Commission and I will
be .ending out letters to the abutters if there is a change hen it goes to Commission."
Chairman Waters called a rece.s3 at 8:50 p,m.
The Meetin~ WQJ' called bat:k to order ar 8: 58 p.m,
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407 324 5731
P.BS
CfT"{ OF wrr.nn SPllJt.lGS, PlDRlDA
Mll'<Ul'E.S
BOAlb OF AJ)J"(.lS1'ME:NT
u.aULAl\ MEe.TD-lO - APRIL '1 t 1005
PAGE50F6.ffJ
nJlJUCHUlUNGS CY
401. CODllllunity Developmeat Departmeat
R..ommeads The BOA (Boord or Adjastmeat) H The Request For nD-A FT
From Seelioa 6-86. orne City Code Of Or dial ace., To Allo... Aa Addi~\'lG
Existill Residell.' At 688 Sar.".. Drive, Tu.(...ml llill4A, Lot 104.
Mr. Baker introduced this Ai:enda Item.
Mr, Baker said. ''We (Stafl] recommend approval." Mr. Baker added, "The Applicant is
here, They have a letter - that they just gave me to pass ~ that I would like to enter into
the 'Record' it is from one of me abutters stating they ha e absolutely no objections to the
'Waiver Request' and I would like to provide that to the hainnan and to the City Clerk's
Office.'.
Chairman Waters opened the "PublIC Inpur" portion oft is Agenda Item.
Mr. Steve Gnlse, 688 Saranac Drive, Winter Springs, Florida: addressed the Board
regarding building an addition to his home.
Chainna:n Waeen closed the "Public Input" porlio" ofe is Agenda Item.
Discussion.
"I MAKE A MOTION WE APPROVE THE SETB K 'W AlVER' REQUEST AT
TillS TIME," MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY
BOARD MEMBER CASMAN, DfSCUSSION,
VOTE:
BOARD MEMBER COLLINS: AYE
BOARD MEMBER CASMAN: AYE
CHAIRMAN WATERS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
Discus:sion.
600. REPORTS
No Report',
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CITY OF WINTEP. snmroS. PLO'PJD"
M'lNure;
80ARD or A.DJ1JstMtfIIT
RECU[J.R, M5.E'mIa - MlUt. '. 2005
P^OE60F6
FUTURE AGENDA ITEMS
DRdi
None.
ADJOURNMENT
"I MAKE A MOTION TO ADJOURN." MO ION BY VICE CHAIRMAN
TAYLOR. SECONDED BY BOARD MEMBE COLLINS. DISCUSSION,
WITH CONSENSUS OF THE BOAllD THJ;; MOT ON WAS APPROVED.
MOTION C~ED.
Chairman Waters adjourned the Meeti~ at appraxim.t Iy 9:13 p.m.
RESPECTFULLY SUBMITTED BY:
JOAN L BROWN
DEPUTY CITY CLERK
APPROVED,
THOMASWAT~,CHAffiMAN
BOARD OF ADJUSTMENT
NOTS' Thc5c M'llllte5 'WIm- IWto"a:.l:it th~
,).00$ e.:.u~ 0 Mj\U=l Rt&UllT Hutlnj;.
.
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TOTAL P,Go
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Ma~ 2 2005 10:49
P.02
ATTACHMENT I
'V.~
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGl:NCY
SPECIAL MEETING
APRIL 18, 2005
CALL TO ORDER
'"--"'..-.
The Planning and Zoning BoardILocal Planning Agency Special Meeting of Monday,
April 18, 2005, was called to order at 7:00 p.m. by Chairman William Poe in the
Commission Chamhers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs. Florida 32708).
Roll Call:
Chairman William Poe, present
Vice ~rperson ROSUUle Karr, present
Board Memb.,. Tom BrolllD, p=ent
Board Member Linda Tillis) p~Seqt
Board Member Ned V osb, present
Board Member Ned Vaska led the Pledge of Allegiance.
PUBLIC INPUT
None.
PUBLIC HEARINGS AGENDA
ru..uc "EAIU~CS
400. Cotntnuoity DevelopmeDt Departm.ellt
RecoDllDeads The Platl.aitlg ADd Zoning Board Hear The Request For A Waiver
F....Ol Sedio... 2G-354. (7) And 6-86. Of The City Code or Oroin...ees, To Allow An
Additio.. To An Exioting Ralde..ee At 688 Sa.....ae Drive, TUleawilla U..it 14A, Lot
104,
Mr. John Baker, A1CP. Sewor Planner, Community Development Department introduced
!his Agenda Item.
Mr. Baker stared, "We feel that it does meel the six (6) Criteria set forth for the Board of
Adjustment to look at, but because the way the Code is written, we also need to cOme to
you for your recommendation because of the provisions in Section 20-354. Paragraph (7),
that r pJO'Vided in your packet."
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P,03
CITY OP WIJ.ITBR SPRINGS, f'lORJ,O.A
DR.AFT UNAPPR.OVED MINUTSS
rL,.v.I}4NG AND Z(UfINC 80A.R,I)/LOCA,l. .1..^,~j'II(;: ....Cll!:NCl'
SPecIAL M.BB11NG- APRIL 18, 200~
PAOEZOF'\I
Chairman Poe operwl the "Public /"'pul" pOrtion ofrAls Agenda Item.
Mr. Steve Gruse, 688 SanmDc Drive, Winter Springs, Florida: Mr. Gruse identifi
himself.. the owner of the property for four (4) ye.... this June,
No one spoke,
Chairma,.. Poe closed tlu "Public Input" portion ofznu Agenda Item.
~I MAkE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION
AfPROV AL OF THE SETBACK 'WAIVER' REQUEST AS IT ME~TS mE SIX
(6) ClUTERlA AND THAT'S BASED ON THE FINDINGS AS SUBMlTIED,"
MOTION BY BOARD MEMBER BROWN, SECONDED BY VICE
CHAIRPERSON KARR. DISCUSSION,
VOTE:
BOARDMEMBERVOSKA: AYE
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
VICE CHAIRPERSON KAlUl.: AYE
MOTION CARRIED,
I1JBLIC HEUUl\lGS
401. Commuaity Dev.lop"",at DepartmeJlt
R<<ommead. Tbe P"aalDg A.Dd ZoDiDg (P&Z) Boud Hnr Tbe Request F.r A
Waiver From S..tioo. 20-354. (7) Aud 6-86, Of The City Code Of ONl;D'..es, To
All.... A Builder To C...truct 8 (EiCht) H.mes, CODsilkDt With Th. Exi.tiDC
D.velop....ut ID The C......polDt Suhdivlsion, Withia The Highland. PUD (Pia. oed
UDit Dev.lopment).
Mr. Baker discussed this Agenda Item and distributed an email receIved and dilted on
April 18. 2005. Mr_ Baker said, "That was an ematl from a. conce:med citizen that we
received late this evening just before the Meeting. I did want to make sure it got in the
'Record',"
Mr. Baker stated, 'They [Applicant) want to have a thr~ foot (3') minimum side selback
and a len foot (10') front md rear setback with the exception of Lot 102. They are asking
for about a fOUI [feet] (4') to five foot (5") section of the building to be located a~ close as
2,43 feet from tho side yard and they are ;lSJcing for the front yud to be five feet (5').
Staff supports the 2.43 feet because of the location of the other homes nearby, but the
side yard for that four [foot] (4") to five foot (S') section, we do not support the five foot
(5') in the front. W. .upport . ten foot (10') front and rear setback,"
ce'.
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CITY Of 'PINTER SPRJNGS, FLORIDA.
DIl.Af'T UNA'pPII.OV6D MINUTeS
PUNJ'IIING .AND toNING IOAIlDILOCAL rUfllN1NG AGIENCY
S'EC1Al. MEETING - APRIl!I, 200'
PAGE30F9
Discussion.
A slide show pre.smt.ation was shown,
~
Mr. Ju.lian Demo"a. 660 Njghthawk Circle. Wrnler Springs, Florida: ag.the Builder and
Resident of Greenspointe SubdiVision, Mr. Danorra said. (COue to the Criteria of lhis lot,
we: are fighting to save some major size Oak. trees on the comer of the lot - the main
concern with the roadway ~ was the driveway." Mr. Demorra. said, "I had my Surveyor
put a driveway in !here that was eighteen by thirty [feet] (18' x 301." Chairman Poe
asked, "Which Lot is that on?" Mr. Demo", said, "That is on Lot 102. That's the one
that life only have the problem with - getting the last bous:e on there.n
Furthermore, Mr. Demorra said, CO] did have a lot of (llnoff from the: adjaceOI hQllSCS."
Mr. Demona said, "Ms, Perez [Storm Waler Utility Manager, Public Wor\i:s Dcpa,;",ent]
_ Lot - 101, there will be a drainage system to put in there to help accommodate for the
drainage. water even though it's not all from my home. It's also from some of the
existing homes that are built there that have guttering. shooting wa.ter right down towards
our property," Board Member Tom Brown said, "How about your storm water?" Mr.
Demona said, <'There are catch basins there." Board Member Brown asked. .'Are you
going to do something about that with the stonn Wafer?" Mr. Demorra said, .'My lot is
from the back comer of the buildings. elevated up high enough that where they sheet
drain to the front cu.rb and the water goes into the catch basins.'"
Discussion.
Mr. Buer said, "Staff does not support the five feel ()') in Ute front"
Chairman Poe openai the '"Public Inpld" portio" of this Ag€nda Item
Mr. William VanLue, 5Q9 Spo011bill Court, Winter Sprihgs, Florida: briefly addressed
the Board Members and is opposed to this "Waiver" Request.
Ms. Catherihe GrahamJ 667 Nighthawk Circle, Wintel'Springs, Florida: spoke about the
drainage in her yard and is opposed to this 'Waiver' Request.
Discl.1ssjon.
Ms. Helga SchwD.l"tz, 720 Galloway Court, Winter Springs, Florida: as the Vice
President of the Highhmd's. Homeowner's Association, Ms. Schwarz spoke about plans
that were not submitted to the Architectural Review Board. Ms. Schwarz stated, "r just
want to make this Board {Planning And Zoning Board/Local PIU'1ning Agencyl aware
that the Applicant has not approached the Highland's Homeowner's Association and we
wanted to put that on 'Record' beca\ute we do bave - ability to review Mr. Demorra"s
plans and determine location."
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P.05
CITY OF WINTER SPRINGS. llLORIDA
ORAllY U'/IlAP'pSt.oveo MINUTES
PLANNJl'olG ANI) ZONllllC BOAJlOn.OCAL PLANNING ACENCV
SPECIAL MEETINC _ APRI.\.. lit. 2QQ:i
'AGIi'O~9
"I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND THE APPROY AL ~
OF THE TEN ,00T (10') FRONT AND THE REAR BUILDING SETBACK AT
THaEE FEET (3'), AT 2,43 [FOOT) APPROXIMATELY FOUR (4') TO f1YE
FEI!:T (5") SEGMENT ON TIlE BUILDING LOT OF 102, AND THIS IS IN
CONJUNCfJON WITH TIll!: 'f1NDlNCS' FOUND BY TIlE CITY IN ADDITION
TO . [PARAGRAPH] NUMBER SEVEN (7) wmCH WOULD BE THE
HIGHLAND'S HOMEOWNER'S ASSOCIATION REV)EW OF THE
APPLICANT'S REQUEST FOR ALL ADDITIONAL CONDITIONS,. MOTION
BY BOARD MEMBER BROWN, SECONDED BY BOARD MEMBER VOSKA,
DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
VICE CHAIlU'ERSON KARR.: NAY
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: NAY
BOARD MEMBER VOSKA: AYE
MOTION CARRIED,
'VBLIC m:AlUNGS
402. Comm.@lty Develop_eat Depar1lllent - Plaaamg Dlvlston
ADD-ON
Requests The Plonnlng ADd Zoning Boord!Loc31 Planning Agency Hold A P.blic
He.ring Related To Ordinance 2005-13 Which Revi.e. The ~I-1 Light Indu.trial"
Zoni.ng District'. List or Co.ditioaal Uses To Add ....A~tomobUe M.ajor Serviee ADd
Majnr Repair Establishments (Including Body RepaiT. ADd Paintlng)."
Mr. R8Ildy Stevenson, AICP, Director. ComrnWlilY Development Department presented
Ihis Agenda Item ~ displayed the Map of the "1-1" District within the City {of Winter
Springs],
Mr. Stevenson Did, "Staff. therefore recommends that the Planning And Zoning
Board/Local Planning Agency hold a Public Hearing related to Ordinance 2005-13, and
make a recommendation of approval to the City Commission regarding amending the
language of the '1-1 Light Industrial Zoning District' to allo", 'Automotive Major
Service and Majol Repair Establishment (Including Body Repairs and Painting)' as ,
'Conditional Use' within the 'Light Industrial' (I-I) District, subject to certain conditiotls.
Staff at this point., is of the opinion that one of tho$e conditions .....ould be th.tt aJl paint
and body repair take place within a completely enclosed building."
DiscUSGion.
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P.D6
CITY or WlNT!.R SPRINtiS. FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING A1'lD ZONING 8OAlUJILOc..u. Pl.Af'lf'(f'(C .4.GErK'Y
SPBCI....I.MeeT(NG - At"RIL Ie. ~oo.s
'"CHOF9
Cha,rm.n Poe opened the "Public Input" portion of this Agenda lrem,
No ont spoke.
Chairman Poe closed the "Public Input" pOYfioPf. ofthts Agenda Item.
"I MAKE A MOTION THAT WE FORWARD l'f TO THE CITY COMMISSION.
200S-14 [13\ TO CHANGE OVER FROM LIGHT INDUSTRIAL FROM THE
CONDITIONAL USE FOR TilE AUTOMOTIVE AND PAINT AND BODY
SIlOP." MOTION BY BOARD MEMBER YOSKA. SECONDED BY BOARD
MEMBER TILLIS. DISCUSSION,
YOTE:
VICE CHAIRPERSON KAlUl.: NAY
BOARD MEMBER BROWN, AYE
BOARD MEMBER VOSKA, AYE
CHA.lRMAN POE: AYE
BOARD MEMBER TILLIS: AYE
MOTION CAJUUED,
REGULAR AGENDA
RJ:GULAR
SOD. Community Dne:lopmed.t Depllrtmeat - PlaDning DivisioD
Req...ts Thai The Pinning ADd Zoning (P&Z) Boord Co.sider ADd Approve A
Final EngineeringlSl1e PI.. For A IO,Oll Square Foot, One-Slory !Ulall S.I.,
Building On A I.l~4 Acre Tract On SR (SIMe Road) 434 AIIl.dend. Drive.
Ms. E.loise Sahlstrom, AICP, ASLA, Senio( Planner, CommW1ity Developmenl
Department presented this Agenda Item.
Ms. Sobl.trom ,aid, "Staff has required the Applicant to provide a twenty rour foot (24')
wide cross access easement to the Cumberland Fann property that will allow an (:v(:ntual
connection to the East.'~
Ms. Sahlstrom stated, "We do indicate that the cross access easement would need to be
'Recorded' prior to the issuance of a Certificate of Occupancy for the building_ Staff
does recommend approval of this project &ubject to any of the revisions that might need
to be made: by the Project Landscape Architect"
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r.O?
CITY OF WINTER SPRINGS. P1.ORJDA
DRAfT UNAPPROVED MINUTeS
PI...Af'4T\lIl'tG Al"CP l.ONIl\IG 8()AJUlILOCAL tLANNu(G AGEl\IC'V
SP'I!.ClAl. MEET[N(j - APRIL 1 S, zoos
PAGJ!70P'
"I'D LIKE TO MAKE THE MOTION THAT - THE PLANNING AND ZONING
BOAlUJ RECOMMEND APPllOVAL TO TIlE CITY COMMISSION OF THE
ATTACHED FlN.AL ENGINEERING SITE DEVELOPMENT PLAN SUBJECT
TO THE REVISIONS NEEDED TO BE MAnE BY THE PROJECT LANDSCAPE
AACHITECT." MOTION BY VICE CHAIRPERSON KAlUl.. SECONDED BY
BOARD MEMBER BROWN, DISCUSSION,
MR. ROBERT VONHERBULlS, OWIVEJl, MCKEE CONSTRUCTION COMPANY,
P.O, /lOX 471366, LAKE MONROE, FLORIDA: REPRESENTING THE
MILLER'S OF 'lIflLLER SCHOOL SUPPLY' AND REQUESTING
CLAlllFlCATlON OF nn: DECORATIVE WALL, MR. VONHERBULlS SAID,
"IT STATES A DECORATl'VE MASONRY RETAINING WALL WILL
CONTAIN THE WATER RETENTION IN THE AREA ON THE WEST SIDE OF
HACIENDA [VILLAGE) - WE HAVE APPROX,lMATELY A FORTY-TWO
INCH (41j HIGH WALL THAT IS FACING THE INSIDE OF THE
RETENTION l'OND AND I JlJST WANT TO MAICE SURE THAT STAFF IS
ACTUALLY RECOMMEND THAT BE A DECORATIVE WALL WHICH
WOULD BE UNDER WATER DURING THE RAINS OR ARE WE TALKING
.4lIOUT A REGULAA MASONRY WALL AND TIlE DECORATIVE WALL
BEING STRICTLY THE ONE THAT'S ON TIlE SOUTII PROPERTY LINE
SEPARATING US FROM THE RESIDENTS AS TO THE SOUTH?" MR.
VONHERBULIS STATED, "OTHER THAN THAT, WE CONCUR ON ALL OF
STAFF'S COMMENTS,"
MS. SAHLSTROM SAID, "THE WALL INSIDE TIlE RETENTION AREA
WOULD NEED TO MEET PUBLIC WORKS SPECIFICATIONS AND I THINK
YOU'RE CORRECT - IT DOES NOT NEED TO liE DECORATIVE I WOULD
NEED TO CHECK WITIl OUR PUBLIC WORKS DIRECTOR [MR. KIP
LOCKCUFF, PUBLIC WORKSIUTlLITY DEPARTMENT DIRECTOR) ON
THAT."
VOTE:
BOARD MEMBER BROWN: AYE
BOARD MEM.8J!;R VOSKA: AYE
BOARD MEMBER TILLIS, AYE
VICE CHAlRl'ERSON KAlUl.: AYE
CHAIRMAN POE: AYE
MOTION CARIUED.
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P.OS
CITY OFW(NTERSPklNGS. ~'l.ORIOA
OUFf UN""rRQvED MINUTE!
r~NIHC Al'(1) Z.ONJ1trlG IOAIlD/LOCAL PLN"'HING "CINC'"
SPECIAL l'o<EETfNG - ....PRIL 11.1005
p....r>EIOP9
IlECULAiR
501. Commuaity J}evelOplIKDt Depar1tntDt - PlaDDlug DiviJioD
Reque.15 Tbat Tbe PI.uJliut And Zoniug (P&;l.) 1I0.nI Co..ider And Approve
PrelilQl.-'Y And FIlial Site Plan AlId ED~DeeriD.g Plao, For- The 3.16 Acre
Prol'orty Ou Tbe Soutb...t Corner OJ MOil Road Aud S.R. (State Road) 434
Whicb Iaduda: Tbe Vacaot State Farm Iasurance Building Along With Tbe
Addition Of Two (1) Ne.. Office Buildiug. Ou Tbe 3.16 Acre..
Ms. Sahlstrom p,....nled this Agenda Item and displayed pictures of the Site.
T.po:: 2!Sidc A
Discussion.
Mr. David Glunt, Project Engineer, Madden Engineerjng, Inc., 431 East HoratiO Avenue',
Suile 260, MaitlmuJ. Florida.: spoke to the Board Members regarding this property.
MI'. Craig F. ROlI.hier, Erecwtil'e Vice President, w: M. Sanderljn & Assodatu, Inc..
Santrust, LTD, 738 Rugby Street. Orlando, Florida: addressed the Boud Members on
the various businesses plannl!d for this Site.
"I'n LIKE TO MAKE A MOTION TIlAT WE RECOMMEND APPROVAL TO
THE CITY COMMISSION FOR TIlE MOSS ROAD INTERNATIONAL OFFICE
COMPLEX AS DEf'ICTEO OR AS SHOWN HERE TONIGHT ON THEIR
FINAL ENGINEERING SITE DEVELOPMENT PLANS SUBJECT TO THE
CONDITIONS SETFORTH TONIGHT." MOTION BY BOAllD MEMBER
TILLIS. SECONDED BY BOARD MEMBER BROWN. DISCUSSION.
BOARD MEMBJ!;R BROWN ASKED. "I WOULD JUST LIKE TO REMIND
ELOISE (SAHLSTROM) TIlAT - GOOn POINT - BROUGHT UP ABOUT
THOSE AIR CONDITIONERS. IF YOU CONVEY THAT ON." MS.
SARLSTROM SAID, "ALRIGHT-"
VOTE:
VICE CHAIRPERSON KAllR.: AYE
CHAIRMAN POE: AYE
BOAlUJ MEMBER VOSKA, AYE
BOAllD MEMBER TILLIS; AYE
BOAllD MEMBER BROWN: AYE
MOTION CAlUUIl:D.
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~ d ItI..1.U.L
CITY OF WINTER SP11.1NGS, !:LORIDA
OIlAPT UN^"f'ROVEO MINUTES
....,IJIlNlN(o AJII.o toN~l\lC $O~ n..lNf'l'JlIC .-.ceNCV
s,ectAl,. MWQ-lO ", ^1'Rllla, 2005
PACi21l0F'
ADJO~ENT \\
~l MOVE THAT WE ADJOURN." MOTION BY VlCE CHAlRPERSON KARR. ~
SECONDED BY BOARD MEMBER BROWN, DISCUSSION. WITH THE
CONSENSUS OF THE BOARD THE MOTION WAS APPROVED.
MOT.ION CARR,lED.
Choirman Poe adjoumed the Meeting 'l.pproximately 8:59 p.m.
RESPECTFULLY SUBMITTED.
JOAN L BROWN
DEPUTY CITY CLERK
APPROVEP:
WILLIAM H. POE, CHAIRMAN
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
NOTe, Th"r Mlnlrtl::l ~ approved IllhlI
. ZOOj 'WIning ivlt,J Zonin, 8ouGILDUI1"1V1n(ng ^IW'~)' MHlint.
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