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HomeMy WebLinkAbout2015 06 08 Public Hearing 501 Seven Oaks Lot 20 Setback Wavier Request COMMISSION AGENDA Informational Consent ITEM 501 Public Hearin s X g Regular June 08, 2015 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests the City Commission hold a public hearing to consider a waiver request to the approved PUD Master Plan for Seven Oaks and to Section 20-353 (e)(2)(a)(iii) of the City Code of Ordinances, to permit a small reduction in the side setbacks for a single-family residence that is currently under construction at 616 Seven Oaks Boulevard, in the Seven Oaks subdivision. SYNOPSIS: The applicant is requesting approval of a waiver to the approved PUD Master Plan for Seven Oaks and to Section 20-353 (e)(2)(a)(iii) of the City Code, to permit a side yard setback encroachment from 5-feet to 4.7-feet and 4.8-feet in Seven Oaks for the front corners of a proposed single-family residence that is currently under construction. At such time the formboards were laid on the property, the front corners of the structure encroached into the 5-foot side yard setback by two inches on the north side of the property and three inches on the south side of the property. This encroachment was discovered when the formboard survey was performed. This is a very minor encroachment into the required 5-foot side yard setback and, if approved, is not anticipated to pose any detrimental impacts to surrounding properties within the Seven Oaks community. The remainder of the house will be in compliance with the required front, rear, and side yard setbacks. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: Public Hearings 501 PAGE 1 OF 4-June 08,2015 . Applicant name and address and authorized representative: Meritage Homes of Florida Inc., 5337 Millenia Lakes Boulevard, Suite 410, Orlando, FL 32839, Dante Fraiegari - authorized representative . Property owner's name(s): Meritage Homes of Florida Inc., . Pro�erty addresses: 616 Seven Oaks Boulevard . Property Parcel ID number: 28-20-30-STK-0000-0200 . Current FLUM Desi�nations: Medium Density Residential . Current Zonin�Desi�nations: PUD (Planned Unit Development) . Previousl��proved Development permits such as conditional use, waiver, or variance (if any): Not applicable . Development A�reements (if any): No known Development Agreement . Pendin� Code Enforcement Actions (if any): No known pending Code Enforcement actions . City Liens (if any): No known liens APPLICABLE LAW, PUBLIC POLICY, AND EVENTS City of Winter Springs Comprehensive Plan Seven Oaks PUD Master Plan City Code, Chapter 20, Section 20-34, Waivers City Code, Chapter 20, Article IV, Planned Unit Developments, Section 20-353 (e)(2)(a) (iii), Conflicts. DISCUS SION: The PUD (Planned Unit Development) Master Plan for the Seven Oaks subdivision was approved by the City Commission on May 13, 2013. The approved Master Plan is for a 138 unit single-family residential development located on the south side of Shepard Road, north of Florida Avenue, and east of Boat Lake. The approved Master Plan includes a required side yard setback of 5-feet for all homes constructed within the subdivision. Recently, the home builder in the subdivision, Meritage Homes,ontacted the City in regards to a home that is currently under construction on Lot 20. At such time the formboards were laid on the property, the front corners of the structure encroached into the 5-foot side yard setback by two inches on the north side of the property and three inches on the south side of the property. It was determined by Staff and the City Attorney's office that there are no provisions within the Code of Ordinances which permit staff to administratively permit this encroachment which is considered very minor in nature. Therefore, the applicant has applied for a waiver to the approved PUD Master Plan for Seven Oaks and to Section 20- 353 (e)(2)(a)(iii) of the City Code of Ordinances to permit the encroachments. This section of the Code identifies building setback requirements for existing PUD's. FINDINGS The 6 waiver criteria set forth in Subsection 20-34 (d) of the Code of Ordinances are as Public Hearings 501 PAGE 2 OF 4-June 08,2015 follows: 1. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. . Staff finds no conflicts with the comprehensive plan; and, other than the very minor side yard setback encroachments on the front corners of the building, no conflict with other parts of the zoning code (Chapter 20). 2. The proposed development plan will significantly enhance the real property. . Construction of the home is was initiated on Lot 20 in the Seven Oaks subdivision. If the waiver is granted for this very minor side yard setback encroachment, construction of the home will be completed and it will be sold and the new owners will pay City taxes. Additionally, the completion of the home will help the developer complete build-out of the Seven Oaks subdivision. 3. The proposed development plan serves the public health, safety, and welfare. . The waiver is very minor in nature; a two inch encroachment on the front corners of the north side of the home, and a three inch encroachment on the south side of the front corners of the home into a required 5-foot side yard setback. If granted, this waiver will not be detrimental to the public health, safety, and welfare. 4. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. . It is Staff s interpretation the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. The requested waiver to the side setbacks will not be noticeable without actually measuring the distance and the reduction of the setback and it will not affect property values or neighborhood character. 5. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter . Staff believes the waiver request is the minimum request that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. The waiver request is for a two inch encroachment on the front corners of the north side of the home, and a three inch encroachment on the south side of the front corners of the home into a required 5-foot side yard setback. The home is currently under construction. The applicant is proceeding through the proper channels to remedy the problem. Granting of this waiver is not considered precedent; waivers are evaluated on a case-by-case basis, and are dependent upon the analysis of facts and history that have been presented by each applicant. Public Hearings 501 PAGE 3 OF 4-June 08,2015 6. The proposed development plan is compatible with the surrounding neighborhood. . It is Staff s interpretation that the proposed development plan is compatible with the surrounding neighborhood. As previously mentioned, the requested waiver is very minor in nature and only impacts the front corners of the home. The remainder of the home will be in compliance with the required front, rear, and side yard setbacks. If granted, this very minor setback encroachment will not be detrimental to the surrounding neighborhood and will permit the construction of the home to be completed. FISCAL IMPACT: There is no fiscal impact associated with granting the requested waiver. Completion of construction of the single-family residence will add taxable value to the City's tax rolls. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff and the Planning & Zoning Board recommend approval of a waiver request to the approved PUD Master Plan for Seven Oaks Section 20-353 (e)(2)(a)(iii) of the City Code, to permit a side yard setback encroachment from 5-feet to 4.7-feet and 4.8-feet in Seven Oaks for the front corners of a proposed single-family residence that is currently under construction. ATTACHMENTS: A. Section 20-34, City Code of Ordinances, Section 20-353 (e)(2)(a)(iii), City Code of Ordinances B. Seven Oaks PUD Master Plan C. Waiver application submitted by Meritage Homes D. Minutes -May 6, 2015 Planning& Zoning Board meeting Public Hearings 501 PAGE 4 OF 4-June 08,2015 Attachment " A " Sec. 20-34. -Waivers. (a) 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, conditional and prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result. (b) The planning and zoning board 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 criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board'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 proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will significantly 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 the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is compatible with the surrounding neighborhood. (� No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-1 Sec. 20-353. -Standards for planned unit developments. (e) Size and dimensional regulations. (2) Existing PUDs. a. Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement approved by the city, principal building setbacks for property zoned PUD shall be as follows: (iii) Side yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and (VIU. IVU. LU I I-UL, s L, �-y-I I; VIU. IVU. LU I I-UO, s L, I U-I U-I I; VIU. IVU. 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Z��S��fl�floar� � ' CITY OF WINTER SPRINGS � • � � COMMUNITY DEV�LOPMENT DEPARTMEI��' F126 STATE R4AD 434 ' V6�INTER SPRINGS, FL 32708 In�asporat�eti �E ���� j 407-327-5966 E • • • � FAX:407-327-6695 BOARD OF ADJUSTMENI" APPL�CATION ❑ CONDITI�NAL USE I SPECIAL EXCEPTIOIV 0 VARIANCE I� WAIVER APPL�CANT: Meritage Homes of Florida Inc T,ast First Middle MAZ�.ING ADDRESS: 5337 Millenia Lakes Blvd, Suite 410 Orlando FL, 32839 � c��y s� z; c� PHONE&EMAIL Dante.Fraiegari@ meritagehames.com {407) 571-09�1 If Applicant does NOT own the property: �'R�PER'�'Y OWNER: Same as above Last FirsE Middle MAII,ING ADDRESS: City State Zip Code PHONE&EMAIL This request is for the real property described below: PROPERTY ADDRESS: � Lot 20 Seven Oaks community-PB 77>Pages 85-91-6I6 Seven_Oaks Blvd TAX PARCEL NiJMBER: SIZE OF PARCEL: $Q��29' �11,45d sq.ft) see attached survey Square Feef Acres EXISTING LAN➢USE: Residential G�rrent�'U'I"U�tE LAND USE Classification: Siilgle Faxn�i�y Current ZONIl�G CIassification: �D Please state YoU1t 1t�Qi7�ST: Requesting relief of 2"+1- of the side setback on the frant portion of the structure-reference attached survey E�iibit"A" �r�zuos The APPLICANT IS RESPONSIBL�for posting the blue notice card(provided by the City}on the site at least SEV�IV(7)DAYS priar to tlie Board of Adj�stment Meeting at which the zx�atter will be considered. Said notice sha11 NOT be posted within the City righ#-of-way. All APPLICANTS shall be afforded znir�imal due process as required by law,incluciing the right to receive notice,be heard,present evidence,cross- examine witz�esses,anci be represented by a duly authorized representative. The CITY COMMISSlOIV shall render all final decisions xegarding variances,conditional uses and waivers and may impose reasonable conditions on any approved variance,conditional use or waiveir to the extent deemed necessary and reievant to ensuxe connpliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20,Zoning. APPLIGANTS are advised that if,they decide to appeal any decisioz�s made at the meetings or hear�ngs with respect to any matter considered at the meetings or hearings,they vvill need a record of the proceedings and,for such purposes,they will need to insure that a verbatim record af the proceedings is made,at their cost,which includes the testimony and evidence upan w�iucla the appeal is to be based,per 286.0105,Fiorida Statutes. Any CONDITIONAL USE,VARlANCE,or WAIVER which maq be grantedby the City Comxnission shall expire two(2)years afi�er the effective date of such approval by the City Commission,unless a building pernait based upon anci incorporating tt�e conditional use,variance,or waivex is issued by the City within said time period. Upon vvritten request of khe property owner,the City Commission may extend the expiration date,without public bearing,an additional six{6j montFis,provided the property owner demonsixates good cause for the extension In addition,if the aforementioned building permit is timely issued,and the building permit s�hsequently expires and the subject development project is abandoned or discontinued for a period of six months,the conditional use,variance or waiver shall be deemed expired and null and void. (Code of Ordinances,5ection 20-36.) TH� FOLLOWING ITEMS ARE TO BE SUPPLfED WITW TWIS APPLICA'TION: C� A copy of the most recent SUFtVEY of the subject property. C� A copy of the LEGAL.DESCRIPTION reflecting t�e property boundaries. ❑ 11 x i7 MAP showing AD.fACEN7 STREETS and ZONING AND LAND U5E classifications on the ADJACENT PROPERTY. � JUSTIFlCATION for the Request(See Attached List) ❑ NAMES and ADDRESS�S of each property owner within 150 ft. of each property line. C� Notarized AUTMORIZATION of the Owner, 1F the Applicant is ofher than the Owner or Attorney for tf�e Owner(see belnw). C� APPLICATION FEES: FEES are as SHOWN BE�.OW plus ACTUAL COSTS incurred for ADVERT`ISING ox NO'�]FICATION, and for REIIVIBURSEMENT for TEC`HIVICAL andlox�ROFESSIONAI,SERVICES which may be requized in connection with the review,inspection or approval af any development(based on accounting submitted 6y the City's Consultant),payable prior to approval of the pertinent stage of development. CONDITIONA�.,USE/SPECIAL EXCEPTION $ 500 W�IIVEA See attached application $ 500 vAxu�a�rc� � sao 70TAL DUIE � �d� 2 March 20(75 By submitting this application you hereby grant temporary right of entry for city officials to enter upon tlie subject property for pwposes of evaluating this applrcation. ***�*x�******���x*****�x**�x�*�**�x*�******:�**:x**�*�**���*�*��**�**�*��*�*****�*��*��*�*��� �OR USE WH�N APPLICAN7'IS OWNER OF THE SUBJECT REAL PRORER'!"Y: '�'hzs is to ce � t7aat T am the Owtaex in fee simple of subj ect lands described within this Application for Board of � stment consideration: Si tur a wner Brian Kittle,Vice President Merzta�oznes of Flozid c. • Sw m and subscribed�e ore me this � _.,,.____���ay of b 20 15 . Notary Public My Coznznissaan ixes: d����Y P �i Personally Kx►owin ;o<'� L@!'�. TRACEY SMITH Produced Identification: a :"' Notary Pu61ic-Siate af Florida (Type) :�, ,e"'k}y,.__�y Comm.Exptres Nav 13,2Di5 Did take an Oatl� �%:.�f�°e'�"� Commissian�EE �45773 Did Not take and Oath *�**�*��*x=�******�=*��**�**�**���***�*�x�*��x�*�**�****�*�**�x���**����*x��**���*��*�****** FQR USE WWEN APPLICANT IS NOT OWIdER OF THE SUBJECT REAL PROPERTY: I, do hereby,with my notarized signa#ure,allow to represent rne in tlus Application related to my property. The properry is identified as: Tax Parcel Number(s) Located at Signature of Owner{s} Sworn to an.d suhscribed before me this day of 20 Notary Public My Commission expires: Personally Known Produced ID:(Type) Did talce an Oath Did Not take and Oath �*x=�*�****�*��*=��*�**�x�*��****�$**��*���*�**�*�x�******x��*�x�**�*��*�x**�*���x�**x��***�*** 3 z�t�h zoos WANER REQUEST A wai�er request requires the property owner to cfea�fy demonstrate that the applicable term or condition (the subject of the waiver request) cl�arly creates an illogical, impossible, impractical, or patently unreasonable result [winter Springs Code af Ordinances, Sectian 20-34 {a)]. Please explain how your request meets this requirement{use a separate sheet if necessary). Please see attached overview - E�chibit"S" [n additian #o the standard set forth in Section 20-34 {a), a waiver requires compliance with all six (6) criteria enumeratec� in the Winter springs Code o� Ordinances, Section 20-34 (d). . Address each of the foliawing conditions related to the variance request. Attach additional paper as necessary: 0 What is the Waiver you are requesting? Relief of tl�e sideya�rd setback from the front corners of the structure-the encroachment is 2" +/- See attached survey E�ibit"A" ❑ Is the proposed development plan in substantial compiiance with Chapt�r 20 of the City's Code af Ordinances and in compliance wifh the Comprehensive Plan? Yes 0 Wili the praposed development plan significantly enhance the real praperty? NIA-The current projectllat is zoned accordingly. ❑ Will the proposed development plar� serve the public health, safiety, and welfare of the City of Winter Spri�gs ? NIA- The current projectllot is zoned accordingly. CONTINUED ON NEXT PAGE 4 March 20�5 0 Will the wai�er diminish property values in or alter the essential character of the surrounding neighborhoad? No,it will�ot ❑ Is the waiver request the minimum wai�er that wilf eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable �erm or condition under this chapter? Na,it will not ❑ Is the proposed de�elopment plan coinpatible with the surroundir�g neighborhood? Yes,the project is consistent r+�rith the surrouzzdi.�g neighborhood 5 March 20D5 ��' •• r� AS�tJiLT ��JR�Y � L4� 2Q, SEVEN UAfC5, ACCDRp1�IG TO THE PLAT 7HEREDF' R�CQRDE� t3V P�AT BOOfC 77, PAGE 85 TF[RpUGH 91, DF TFlE PUBLtC RECOR�S QF SEiutIN.OLE COUNTY, FLOFtIDA. Eo�e oF Pave�eNx ' � R=1 D25.00 � � ` L=34.36 °'� �� � � 4=1`57'15" � � } CH6=514`11'54"E � a �� CHU=34_96 � � � , � 1 � c° � £ o �48' 30 5 <1 r�' 1 21Z• � ,� t � 21 t �'�'46'����� x o v� � y �-� �'a, .a.� �� � � T4�REAR y , ��9 28. P.C. 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R=RADfUS �ARG LENCTH F.F.E.=FIMSH ftOQR E2EVA11EiPF PSA}=PROFES�ONAL COi7f���,� J09 NV 201AOF79 C0.LCkILRTEU 6Y. ,�-R FOR 7HE LIC SEO B �6723 BY: :. .. ...__.. � UA7E: 2 6 5 pR,qlNV 9Y. �NR T6 Eost Plonl Street �� f��34 CfiECbED B'6� �� 116ter Gadm,Piaidx 3478T'(467 J Gk-53S6 �IELi1 BY� N/R �r��p; N � James L. Rid an, P,S.M. 633 drawh�g�nr. N_�Uatn\201A0479�pL07 PLANS-FORM BOAR�6-FlNALS�E.OT 20.dwg F�R}A B6AR0 �Xhl�lt`��" Seven Daks—Lot 20 setback wai�er a�erview We wouid like consideration for a waiver request on lot 20 in th� Se�en Oaks project. The rear yard of this particular lot has a 25' conservation easement with dense �egetation and sloping grade ele�atian towards Boat Lake.Therefore, limiting the usable space in the rear yard,the future hameowner plans to construct a pool at a later date. The frant corners of the structure encroach approximateiy 2" +/- into the 5' side yard setback;to push the house further back taking into account the tapering lot lines and lot grading will decrease the usable rEar yard mo�ing the primary structure closer to the conseniation area buffer. Since the city does not have any provisions in their current ardinances we are req�esting a waiver for the front back. Attachment " D " CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONiNG BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-MAY 6,2015 PAGE 5 OF 7 SECONDED BY CHAIRPERSON HENDERSON. DISCUSSION. VOTE: BOARD MEMBER MILLER: AYE VICE-CHAIRPERSON CASMAN: AYE CHAIRPERSON HENDERSON: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests The Planning And Zoning Board Hold A Public Hearing To Recommend Approval Of A Waiver To The Approved PUD Master Plan For Seven Oaks And To Section 20-353 (e)(2)(a)(ui) Of The City Code Of Ordinances, To Permit A Small Reduction In The Side Setbacks For A Single-Family Residence That Is Currently Under Construction At 616 Seven Oaks Boulevard, In The Seven Oaks Subdivision. This Agenda Item was presented by Mr. Howell who noted the Applicant's request for approval of a Waiver in order to permit a side yard setback encroachment from five feet (5') to four-point-seven feet (4.7') and four-point-eight feet(4.8') for the front corners of a proposed single-family residence that is currently under construction in the Seven Oaks. It was noted that there is currently no provision within the Code of Ordinances which permit Staff to administratively permit this encroachment. Vice-Chairperson Casman expressed his concern that continuous approval of Waivers could perhaps enable a "slippery slope". Mr. Howell noted that waivers similar to proposed one have been granted in the past. Brief discussion followed on past waivers, variances, quit claim deeds, and platted lots. Continuing, Mr. Howell mentioned, "One thing I'd like to bring to your attention also — partially answer your question is — is that in the future we're looking at doing a Text Amendment to the Code which would possibly give Staff the latitude to grant an administrative Waiver on something like this. Which is like, say for example, a ten percent (10%) deviation from the Code. Those are some things we're looking into right now. So, keep that in mind." Next, Vice-Chairperson Casman asked if there is a homeowner already located next to the lot under construction. Mr. Dante Fraiegari, Meritage Homes of Florida, Inc, 5337 Millenia Lakes Blvd, Suite 410, Orlando, Florida: addressed the Board Members and confirmed that there is a homeowner present. CITY OF WINTER SPRINGS,FIARIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-MAY 6,2015 PAGE 6 OF 7 Discussion followed on letters from residents, administrative Variances, the conservation area behind the lot, encroachment, land surveys, and fence construction. Mr. Fraiegari remarked, "There will be no encroachment on either lot on either side. Everything will be self-contained within the one (1) lot." Further remarks followed and Mr. Stevenson pointed out that"The physical property line between these two (2) lots does not change." Further discussion. Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". "I WOULD MAKE A MOTION THAT WE APPROVE ITEM `501'." MOTION BY CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. VOTE: VICE-CHAIRPERSON CASMAN: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED Mr. Fraiegari concluded, "Meritage Homes, again, we certainly like to doing business here in the City of Winter Springs; certainly want to be good business partners with you all. Wish we could find a little bit more real estate in here to develop —but again we're very happy with our Seven Oaks project and all the support that we've received from the Staff and ha�e been very good to work with..." Chairperson Henderson remarked, "...I would say — congratulations on the progess you're making with Seven Oaks. I didn't think it would build that fast." Additional comments followed on Meritage Homes of Florida, Inc's progress. REGULAR AGENDA REGULAR 600. Not Used