Loading...
HomeMy WebLinkAbout2002 07 22 Public Hearings D Non-Operable Plastic Shutters COMMISSION AGENDA ITEM D Consent Information Public Hearinl! X Regular July 22. 2002 Meeting MGR. f2 m~ , REQUEST: Community Development Department, Land Development Division, presents to the Commission, in its capacity as the Development Review Committee (DRC) the recommendation of the staffDRC as it relates to the request of Morrison Homes for special exceptions to the Town Center District Code to allow non- operable plastic shutters at Avery Park. PURPOSE: The purpose of this agenda item is to present to the Commission, in its capacity as DRC, the staffDRC recommendation regarding the request of Morrison Homes for special exceptions (variances) from Section 20-327 ofthe Town Center District Code to allow provision of non-operable plastic shutters at Avery Park. APPLICABLE CODE/AGREEMENT: Town Center District Code Section II. C. Special Exceptions: The City Commission may by special exception waive strict compliance with provisions of this code. In granting a special exception, the City Commission must find by substantial competent evidence that: 1. The proposed development contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center Regulations. 2. The proposed development will not have an unfavorable effect on the economy ofthe Winter Springs Town Center. July 22, 2002 Public Hearing Item D Page 2 3. The proposed development abides by all rules in this code other than those specifically excepted. 4. The proposed development meets any reasonable additional conditions, restrictions or limitations deemed necessary by the City Commission in order to preserve and promote the intent of the Winter Springs Town Center Master Plan. Procedures for Special Exceptions: 1. Approval may be granted only after a minimum of two discretionary reviews. The first review shall be before the Development Review Committee, at which time the Development Review Committee shall review the project and provide to the City Commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second review shall be a public hearing held before the City Commission and shall be held no sooner than seven calendar days following the Development Review Committee hearing. 2. Requests for special exceptions under this ordinance shall include each exhibit required in the Administration Review Process per section IT, part B of this code. In addition, the City Commission may within reason require additional exhibits and may defer approval ofthe special exception application or schedule an additional public hearing or hearings to review those exhibits. 3. Special exceptions shall not be unreasonably withheld, but the City Commission shall have authority to require that the applicant satisfy any additional conditions it deems necessary to fulfill goals of the master plan, including reasonable offsite improvements directly related and proportionate to the specific impact of the request, or further review(s) and approval by the Development Review Committee. 4. The City Commission may grant the approval of an application for special exceptions from the code in whole or in part upon a majority vote of its members. Sec. 20 - 327. Architectural Guidelines. The following are prohibited: Plastic or inoperable shutters. CHRONOLOGY The Town Center District Code was adopted June 12,2000. July 22, 2002 Public Hearing Item D Page 3 Special Exception material and requests were reviewed by the StaffDRC on July 11, 2002. FINDINGS: 1. Morrison Homes requested special exceptions to Section 20-327 on July 11, 2002. 2. The special exceptions requested are: 1) Plastic or Inoperable Shutters: Section 20-327 of the City Code prohibits plastic or inoperable shutters. The applicant requests to have inoperable plastic shutters. This is the first request for plastic shutters, particularly inoperable plastic shutters. The City Commission has required the commercial development at the IDC Calhoun site to ensure all shutters are operable, as required by Code. The applicant believes that since Avery Park is a private gated residential community that the general public will not see close-up that operable shutters are an unnecessary and expensive requirement. If they are not allowed to provide inoperable plastic shutters, their option is to not provide shutters, since shutters are not required. 3. The special exception requests are consistent with the City's Comprehensive Plan. 4. The special exception requests meet the four (4) special exception criteria set forth in Subsection IT C of the Town Center District Code: 1) The special exceptions contribute to, promote, and encourage the improvement ofthe Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations. 2) The proposed development will not have an unfavorable effect on the economy ofthe Winter Springs Town Center. 3) The proposed development abides by all rules in this code other than those specifically excepted. 4) The proposed development meets any reasonable additional conditions, restrictions or limitations deemed necessary by the City Commission in order to preserve and promote the intent of the Winter Springs Town Center Master Plan. July 22, 2002 Public Hearing Item D Page 4 RECOMMENDATION: The Staff Development Review Committee stated no objection to the special exception requests, pursuant to the four (4) criteria set forth in Section II C of the Town Center District Code. ATTACHMENTS: A Pictures of the proposed inoperable shutters B Applicant's request COMMISSION ACTION: \. ATTACHMENT A .. 1111 ,II ~..., ._, -....- .. II. III ... ... .. "Ill tr ~1,.' If I .J .. l ,.,11., I - r - -')c-.- ~II, l...r~ . " I . I I ~ - - - ., ~ -..- , -. ----~-----..~ - ~......-,~ .'1 , I ~ "1' I~.I ,. -::" '.'; : " . "'::1 '4 _ '-. ,.' If. _=::. ',- _.--.............. .,. ~ V" -.1iI . r- ,~.. \.~ 'Wlf'I' - -- ~ I I i ~ l] rr rr " la~ -- I I L_ I ... - --- j f I I ~ -- ATTACHMENT B JUL-12-2002 15:135 Morrison Homes-Purchasing 4075290270 P.01/01 A1~fI~ July 12. 2002 Chanes C3nington Community Development Director City of Wlflter Springs 1126 East State Road 434 Winter Springs, FL 32708 Mr. Carrington, MOI'rison Homes would like to request a special exception'to the Town. Center DIStrict Code. Currently, the use of inoperable shutters is prohibited. We WOUld like the Development RevIew Committee to consider the use of Plastic inoperable shutterS in Avery Park. Please refer to the photos previously submitted. They are current photos of our homes in Celebration. This would be the same shutter application that we would use in Avery Park. Thank you for your consideration in this matter. Sincerely, c4~~ Lisa Steiner MorrIson Homes Orlando Division 1671 CO. PtIone . Da\ll Phone . Fax .. FUll 151 SouthhaU lan~ . Suire 200 . Maitland, Floridil 32751 Phone 407-629-0077 . F~x 407-629-5282 TOTAL P.lOl A1~l/mner July 11, 2002 Charles Carrington Community Development Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Mr. Carrington, Morrison Homes would like to request a special exception to the Town Center District Code. Currently, the use of inoperable shutters is prohibited. We would like the Development Review Committee to consider the use of inoperable shutters in Avery Park. Please refer to the photos previously submitted. They are current photos of our homes in Celebration. This would be ,the same shutter application that we would use in Avery Park. Thank you for your consideration in this matter. Sincerely, V.P.ofConstruction Morrison Homes Orlando Division 151 Southhall Lane. Suite 200 . Maitland, Florida 32751 Phone 407-629-0077 . Fax 407-629-5282