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HomeMy WebLinkAbout2016 07 06 Public Hearings 400 Enclave at Dunmar Preliminary Site Plan PLANNING & ZONING BOARD AGENDA Consent ITEM 400 Information Public Hearing X Regular July 6, 2016 Meeting Mgr. / Dept REQUEST: The Community Development Department-Planning Division requests the Planning& Zoning Board/Local Planning Agency hold a public hearing for the approval of 1) Preliminary Subdivision Plan, and 2) Waivers to Sections 9-147, 9-149, 9-150 and 9-152 of the Code of Ordinances for the Enclave at Dunmar, a single-family residential subdivision located northwest of Dunmar Estates. SYNOPSIS: The applicant is requesting approval of a Preliminary Subdivision Plan and associated waiver requests to Sections 9-147, 9-149, 9-150 and 9-152 of the Code of Ordinances for the Enclave at Dunmar, an eight unit single-family development. The subj ect property is approximately 28.50 acres in size and is proposed to be constructed adjacent to the northwest of Dunmar Estates. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: Preliminary Subdivision Plan - Michael D. and Elaine N. Jones. Waivers—Michael D. and Elaine N. Jones, authorized representatives. • Property owner's name(s): Michael D. and Elaine N. Jones • Property address: 560 Dunmar Circle • Property Parcel ID numbers: 11-21-30-3AG-126A-0000 • Current FLUM Designations: Rural Residential, Conservation, Public/Semi-Public July 6,2016 Planning&Zoning Board,Item 400 Page 2 of 5 • Current Zoning Designations: R-C1 (Single-family dwelling district) and R-IA (One-family dwelling district) • Previously Approved Development permits such as conditional use, waiver, or variance (if any): No known approved development permits on subject properties • Development Agreements (if any): None • Pending Code Enforcement Actions (if any): No known Code Enforcement actions • City Liens (if any): No known City liens. APPLICABLE LAW &, PUBLIC POLICY Home Rule Powers Florida Statutes City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances, Chapter 9, Land Development City of Winter Springs Code of Ordinances, Chapter 20, Section 20-34 -Waivers City of Winter Springs Code of Ordinances, Section 9-147-Minimum right-of-way and paving widths City of Winter Springs Code of Ordinances, Section 9-152 - Culs-de-sac; dead ends City of Winter Springs Code of Ordinances, Section 9-149 - Streets to be paved City of Winter Springs Code of Ordinances, Section 9-150 -Paving of access streets DISCUSSION: Preliminary Subdivision Plan The Enclave at Dunmar is proposed as an eight unit single-family residential subdivision that is proposed to be constructed adj acent to the northwest of the existing Dunmar Estates development. The subject property is approximately 28.50 acres in size and is zoned R-C1 (Single-family dwelling district) and R-IA (One-family dwelling district). The applicant is proposing a minimum lot size of one acre in accordance with the requirements of the R-C 1 zoning district. The eight lots will range in sizes from 1.09 acres to 5.75 acres.No lots are proposed for construction on the portion of the property that is zoned R-IA. The subject property is located on the northwestern portion of an existing lot of record in Dunmar Estates. The area encompassing the proposed subdivision will be divided from the aforementioned lot of record located in Dunmar Estates. Dunmar Estates is a private, gated development that was originally developed in the late 1970's. All lots, including those that will be created in the proposed subdivision are accessed via a private, unpaved road known as Dunmar Circle that is a common ingress-egress easement that is owned by individual property owners whose respective lots go to the center line of said ingress-egress easements. Vehicular access to the proposed subdivision will be via Dunmar Circle,via a proposed 40-foot private ingress/egress easement that will function as the main access road within the subdivision. The ingress/egress easement will be owned and maintained by the homeowners association. July 6,2016 Planning&Zoning Board,Item 400 Page 3 of 5 This easement will provide access to all eight lots and will terminate in a proposed hammerhead located between lots 5 and 6. Leading from the ingress/egress easement will be a 20-foot access easement that will lead to Tract "A", which is proposed as a recreation area and is the site of an existing lake. This area is also encompassed within Tract"B". Both of these tracts are proposed to be owned and maintained by the homeowners association. Stormwater treatment will be provided by roadside swales and rear yard drainage swales. Each lot will have roadside and rear yard drainage swales that will handle stormwater retention. The roadside swales will be maintained by the homeowners association and the rear yard swales will be maintained by the individual lot owners. Final Engineering Plans will be required to be approved by the City Commission prior to the commencement of construction on site. Waiver requests The applicant is requesting four waivers. The requests are to Sections 9-147, 9-149, 9-150 and 9-152 of the City Code. 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. 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. 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. The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows: 1. The proposed development plan is insubstantial 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. July 6,2016 Planning&Zoning Board,Item 400 Page 4 of 5 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. 6. The proposed development plan is compatible with the surrounding neighborhood. Waiver request number I Section 9-147;Minimum right-of-way and paviLlg widths The applicant is requesting a waiver to Section 20-147 of the Code of Ordinances. Section 20-147 requires a minimum of a 50-foot wide right-of-way in both public and private developments. The applicant is requesting a 40-foot wide private access easement instead of a 50-foot wide right-of-way. Waiver request number 2 Section 9-149; Streets to be paved The applicant is requesting a waiver to Section 9-149 of the Code of Ordinances. Section 9-149 requires at least one street leading to a development and all streets within a development to be paved. Dunmar Circle, which connects the proposed subdivision to Winter Springs Boulevard, is currently unpaved. Dunmar Estates is planning to pave Dunmar Circle in advance of, or in conjunction with, construction of the Enclave at Dunmar. However, since Dunmar Circle may remain unpaved at the time of platting for the Enclave at Dunmar, and perhaps beyond that time, a waiver to Section 9-149 is required. Waiver request number 3 Section 9-150;favingof access streets The applicant is requesting a waiver to Section 9-150 of the Code of Ordinances. Section 9-150 requires existing off-site access streets that are not paved to be paved prior to the issuance of a building permit. Currently Dunmar Circle is unpaved and may remain unpaved at the time of platting for this proj ect. Waiver request number 4 Section 20-152; Culs-de-sac; dead ends The applicant is requesting a waiver to Section 20-152 of the Code of Ordinances. Section 20-152 requires a maximum length of 800-feet for a street ending in a cul-de-sac. The applicant is requesting to exceed the 800-foot maximum cul-de-sac length and to permit a hammerhead turn around in lieu of a cul-de-sac. In evaluation of the Waiver requests,it appears each request satisfies the six specific criteria required for Waivers in the City Code of Ordinances. All of the waivers are intended to allow the Enclave at Dunmar to be built with a rural style of development that would be consistent with the surrounding development style in Dunmar Estates as well as in The Ranchlands. The City Engineer and Seminole County Fire Department have no objection to the requested waivers. July 6,2016 Planning&Zoning Board,Item 400 Page 5 of 5 FISCAL IMPACT: Approval of the Preliminary Subdivision Plan and the associated waiver requests allows the subj ect property to be developed into a single-family residential subdivision.Development of the subject property is anticipated to provide an increase to the City's taxable value. The potential tax revenue of the proposed project is as follows: • Fee Simple Single Family Residential Units -8 units • Units - 8 assessed at $500,000 = $4,000,000 assessed tax value o $4,000,000/1000 =4,000 o $4,000.00 x(2.4300) = $9,720 o $9,720 (less the 4% statutory discount) = $9,331.00 tax revenue COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally,the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. RECOMMENDATION: Staff recommends that the Planning & Zoning Board forward a recommendation of approval to the City Commission for the approval of: 1)Preliminary Subdivision Plan, and 2) Waivers to Sections 9-147, 9-149, 9-150 and 9-152, of the Code of Ordinances for the Enclave at Dunmar, subject to the attached staff review comments. ATTACHMENTS: A. Preliminary Subdivision Plan B. 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