The URL can be used to link to this page

Home My WebLink About2019 10 02 Planning and Zoning Board/LPA Regular Meeting Agenda PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING | WEDNESDAY, OCTOBER 2, 2019 | PAGE 1 OF 2 PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 2, 2019 AT 5:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL TO ORDER Roll Call Invocation Pledge of Allegiance Approval of the Agenda AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to ﬁll out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to ﬁve (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. The Ofﬁce Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, May 23, 2019 Planning And Zoning Board/Local Planning Agency Special Meeting Minutes. Attachments: Minutes 301. The Ofﬁce Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, June 5, 2019 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. Attachments: Minutes PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING | WEDNESDAY, OCTOBER 2, 2019 | PAGE 2 OF 2 PUBLIC HEARINGS AGENDA 400. The Community Development Department Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider A Waiver For Northern Oaks, A 35-Lot Single-Family Residential Subdivision. Attachments: Exhibit 1 – Vicinity Map Exhibit 2 – Waiver Application REGULAR AGENDA 500. Not Used REPORTS PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to ﬁll out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to ﬁve (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. “If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based” - per Section 286.0105 Florida Statutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING MAY 23, 2019 CALL TO ORDER The Special Meeting of Thursday, May 23, 2019 of the Planning and Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Chairperson Kok Wan Mah in the Commission Chambers (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Kok Wan Mah present Vice-Chairperson Kevin McCann, present Board Member James Evans, present Board Member Michael Ferrante, present Board Member Bart Phillips, present Assistant to the City Clerk, Antonia DeJesus, present Assistant to the City Clerk, Christian Gowan, present A moment of silence was followed by the Pledge of Allegiance. No changes were made to the Agenda. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING – MAY 23, 2019 PAGE 2 OF 4 PUBLIC INPUT Chairperson Mah opened “Public Input”. No one spoke. Chairperson Mah closed “Public Input”. CONSENT AGENDA 300. Not Used PUBLIC HEARINGS AGENDA 400. Ocean Bleu Retail Building Final Engineering, Aesthetic Review, and Special Exceptions Mr. Bryant Smith III, P.E., City Engineer, Interim Director, Community Development Department introduced the Agenda Item and briefly described the property and proposed improvements. Maps and graphics of the Final Engineering and Aesthetics were shown. Chairperson Mah asked if the intersection was signalized or not to which Mr. Smith replied, “It is unsignalized right now. We do have a signal planned at Michael Blake [Boulevard]; we just have to meet the warrants for that. That’s likely to happen either with the Hawthorne build-out or Tuskawilla Crossings. Once that’s warranted, we will construct a signal at that location.” Continuing, Mr. Smith referenced stormwater, utilities, and Special Exceptions, setbacks, lot dimensions, lot frontage, and parking setbacks. Mr. Smith indicated that Staff recommended approval of the Engineering, Aesthetics, and the Special Exceptions. Discussion followed on the Aesthetics, parking, green spaces, and traffic calming designs. Photographs were shown with additional comments. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING – MAY 23, 2019 PAGE 3 OF 4 Further remarks followed on traffic signals, sidewalks, and ingress and egress to the property. Chairperson Mah opened “Public Input”. No one spoke. Chairperson Mah closed “Public Input”. “MOTION TO APPROVE ITEM ‘400’.” MOTION BY BOARD MEMBER EVANS. SECONDED BY BOARD MEMBER FERRANTE. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON McCANN: AYE BOARD MEMBER: EVANS: AYE CHAIRPERSON MAH: AYE BOARD MEMBER FERRANTE: AYE MOTION CARRIED. 401. West End Professional Center Monument Sign Special Exception This Agenda Item was presented by Mr. Smith who briefly described the proposed sign dimensions. Remarks followed on dimensions of the sign, illumination, permitted sizes of monument signs, current and prospective tenants in the space, and the number of signs allowed to be on the monument sign. Chairperson Mah opened “Public Input”. No one addressed the Board. Chairperson Mah closed “Public Input”. “MOTION TO APPROVE.” MOTION BY VICE-CHAIRPERSON McCANN. SECONDED BY BOARD MEMBER EVANS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING – MAY 23, 2019 PAGE 4 OF 4 VOTE: BOARD MEMBER FERRANTE: AYE BOARD MEMBER PHILLIPS: AYE CHAIRPERSON MAH: AYE VICE-CHAIRPERSON McCANN: AYE BOARD MEMBER: EVANS: AYE MOTION CARRIED. REGULAR AGENDA 500. Not Used REPORTS Vice-Chairperson Kevin McCann commented briefly on the recent Visioning Session that was held on Monday, May 20, 2019. PUBLIC INPUT Chairperson Mah opened “Public Input”. No one spoke. Chairperson Mah closed “Public Input”. ADJOURNMENT Chairperson Mah adjourned the Regular Meeting at 6:03 p.m. RESPECTFULLY SUBMITTED: _____________________________________ CHRISTIAN GOWAN, ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the __________________________, 2019 Planning And Zoning Board/Local Planning Agency Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 5, 2019 CALL TO ORDER The Regular Meeting of Wednesday, June 5, 2019 of the Planning and Zoning Board/Local Planning Agency was called to Order at 5:31 p.m. by Chairperson Kok Wan Mah in the Commission Chambers (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Kok Wan Mah present Vice-Chairperson Kevin McCann, present Board Member James Evans, absent Board Member Michael Ferrante, present Board Member Bart Phillips, present City Attorney Anthony A. Garganese, present Assistant to the City Clerk Christian Gowan, present Assistant to the City Clerk Antonia DeJesus, present A moment of silence was followed by the Pledge of Allegiance. No changes were made to the Agenda. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JUNE 5, 2019 PAGE 2 OF 4 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , J U N E 5 , 2 0 1 9 | P A G E 2 O F 4 PUBLIC INPUT Chairperson Mah opened “Public Input”. No one addressed the Board. Chairperson Mah closed “Public Input”. CONSENT AGENDA 300. The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, April 3, 2019 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. REGARDING THE APRIL 3, 2019 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MINUTES, MOTION TO APPROVE. MOTION BY BOARD MEMBER PHILLIPS. SECONDED BY BOARD MEMBER FERRANTE. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE CHAIRPERSON MAH: AYE VICE-CHAIRPERSON McCANN: AYE BOARD MEMBER FERRANTE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA 400. Ordinance 2019-09 regarding the Application, Notice, and Review Criteria Procedures for Special Zoning Permits City Attorney Anthony A. Garganese gave a brief historical overview of the Ordinance and the proposed changes to the Special Zoning Permit process and said that the City Commission reviewed “And approved the Ordinance on First Reading with some amendments and instructions to submit it to the Land Planning Agency (LPA) for its review and comments. So, we’re here tonight so the LPA has an opportunity to chime in formally as a board regarding the Ordinance.” CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JUNE 5, 2019 PAGE 3 OF 4 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , J U N E 5 , 2 0 1 9 | P A G E 3 OF 4 Continuing, Attorney Garganese noted the Ordinance would be beneficial for the processing of applications and ensuring there is fairness and Developers know the rules that are being applied. Attorney Garganese pointed out, “This Ordinance does not change, or propose to change, the list of Permitted, Conditional, and Prohibited Uses in the various Zoning Districts. That‘s another topic for another day. This Ordinance doesn’t address that and it can’t address that because of the way we’re going through the adoption process.” Discussion followed on the proposed changes to the Special Zoning Permit process. Attorney Garganese summarized, “With respect to the Town Center, this Ordinance does one major paradigm shift. Right now the Town Center has its own land development permit process and the Commission has directed that that process be merged with the general process.” Continuing Attorney Garganese noted that the Ordinance would provide additional authority for Staff to approve “de minimus” changes in Final Engineering, reducing the number of separate applications, and mentioned that this Ordinance also provided for public input opportunities which the City Commission has noted was a priority. Further remarks ensued regarding support from the City Commission and comments addressed in a Workshop with Developers. Chairperson Mah opened “Public Input”. No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Mah closed “Public Input”. “I MAKE THE MOTION THAT WE APPROVE.” MOTION BY VICE- CHAIRPERSON McCANN. SECONDED BY BOARD MEMBER FERRANTE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING – JUNE 5, 2019 PAGE 4 OF 4 P L A N N I N G A N D Z O N I N G B O A R D / L O C A L P L A N N I N G A G E N C Y R E G U L A R M E E T I N G | W E D N E S D A Y , J U N E 5 , 2 0 1 9 | P A G E 4 OF 4 VOTE: BOARD MEMBER FERRANTE: AYE VICE-CHAIRPERSON McCANN: AYE BOARD MEMBER PHILLIPS: AYE CHAIRPERSON MAH: AYE MOTION CARRIED. REGULAR AGENDA 500. Not Used REPORTS No Reports were given. PUBLIC INPUT Chairperson Mah opened “Public Input”. No one spoke. Chairperson Mah closed “Public Input”. ADJOURNMENT Chairperson Mah adjourned the Regular Meeting at 5:41 p.m. RESPECTFULLY SUBMITTED: _____________________________________ CHRISTIAN GOWAN ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the________________, 2019 Planning And Zoning Board/Local Planning Agency Regular Meeting. TITLE The Community Development Department Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider A Waiver For Northern Oaks, A 35-Lot Single-Family Residential Subdivision. SUMMARY The Applicant, Dream Finders Homes, LLC is requesting a waiver to increase the maximum lot coverage for the R-1 one-family dwelling district to fifty-five (55) percent in lieu of forty (40) percent per Sec. 20-187 Lot Coverage. Per Code the minimum lot coverage is 40% and the proposed lot coverage is 55%. Northern Oaks is located just east of the intersection of State Road 434 and State Road 417 (Exhibit 1). On March 13, 2017, Madichristo Land Holdings, LLC came before the Planning and Zoning Board/Local Planning Agency and requested two waivers; 1) Reduce the rear yard setback to 20 ft. in lieu of 25 ft.; and 2) Reduce the side yard setback to 5 ft. in lieu of 6 ft. per Sec. 20-186(2)(3), for the entire subdivision. The Planning and Zoning Board/Local Planning Agency recommended approval of the waivers on March 1, 2017 and the City Commission approved the waivers on March 13, 2017. The approval of the above waivers allows for additional square footage for the proposed 35 single family lots in Northern Oaks. As an oversight, the previous applicant, Madichristo Land Holdings, LLC did not request a waiver to increase the lot coverage for the 35 single family lots, which is necessary as the approved waivers increase the footprint for the proposed 35 single family lots in Northern Oaks. Dream Finders Homes, LLC, the current applicant is requesting a waiver to increase the maximum lot coverage in the R-1 one-family dwelling district to fifty-five (55) percent in lieu of forty (40) percent per Sec. 20-187 Lot Coverage. The request is in line with emerging development patterns within the City of Winter Springs, for example, in Tuskawilla Crossings the lot coverage within this development varies from 40%, 60%, and 80%. PUBLIC HEARINGS AGENDA ITEM 4 00 PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY OCTOBER 2, 2019 | REGULAR MEETING P U B L I C H E A R I N G S A G E N D A I T E M 400 | W E D N E S D A Y , O C T O B E R 2 , 2 0 1 9 | P A G E 2 O F 6 General Information: Applicant Dream Finders Homes, LLC (Dream Finders) Property Owner(s) Dream Finders Homes, LLC & HDP Northern Oaks, LLC Location State Road 434 and State Road 417 Tract Size 35 Single Family Residential Lots on 20.48 Acres Parcel ID Numbers 04-21-31-511-0000-0010, 04-21-31-511-0000-0020, 04-21-31- 511-0000-0030, 04-21-31-511-0000-0040, 04-21-31-511- 0000-0050, 04-21-31-511-0000-0060, 04-21-31-511-0000- 0070, 04-21-31-511-0000-0080, 04-21-31-511-0000-0090, 04-21-31-511-0000-0100, 04-21-31-511-0000-0110, 04-21-31- 511-0000-0120, 04-21-31-511-0000-0130, 04-21-31-511-0000- 0150, 04-21-31-511-0000-0160, 04-21-31-511-0000-0170, 04- 21-31-511-0000-0180, 04-21-31-511-0000-0190, 04-21-31-511- 0000-0200,04-21-31-511-0000-0210, 04-21-31-511-0000- 0220, 04-21-31-511-0000-0230, 04-21-31-511-0000-0240, 04-21-31-511-0000-0250, 04-21-31-511-0000-0260, 04-21-31- 511-0000-0270, 04-21-31-511-0000-0280, 04-21-31-511- 0000-0290, 04-21-31-511-0000-0300, 04-21-31-511-0000- 0310, 04-21-31-511-0000-0320, 04-21-31-511-0000-0330, 04- 21-31-511-0000-0340, 04-21-31-511-0000-0350 Zoning Designation R-1 One-Family Dwelling Districts FLUM Designation Low Density Residential Adjacent Land Use North: Winter Springs (PUD) East: Winter Springs (C-1) South: City of Oviedo West: Seminole County Agriculture (A-1)/ Winter Springs (GID) Approved Waivers 1) Reduce the rear yard setback to 20 ft. in lieu of 25 ft.; and 2) Reduce the side yard setback to 5 ft. in lieu of 6 ft. per Sec. 20-186(2)(3), for the entire subdivision. Development Agreement Approved Code Enforcement Not applicable City Liens Not applicable PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, OCTOBER 2, 2019 | PAGE 3 OF 6 Waiver Requirement 1. Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. 2. Demonstrate that the proposed development plan is in substantial compliance with Chapter 20 of the City’s Code of Ordinances and in compliance with the Comprehensive Plan. Waivers Description/Justiﬁcation (Exhibit 2) 1. Dream Finders Homes, LLC is requesting a waiver to increase the maximum lot coverage for the R-1 one-family dwelling district to ﬁfty-ﬁve (55) percent in lieu of forty (40) percent per Sec. 20-187 Lot Coverage. Per Code the minimum lot coverage is 40% and the proposed lot coverage is 55%. Justiﬁcation The applicant is seeking relief to accommodate the increased footprint for the previously approved waivers of the proposed 35 single family lots in Northern Oaks. 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. PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, OCTOBER 2, 2019 | PAGE 4 OF 6 Waiver criteria set forth in Subsection 20-34(d) are as follows: 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, 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. In evaluation of the proposed waiver request, it appears that the request satisﬁes the six speciﬁc criteria required for Waivers in the City Code of Ordinances. Applicable Law, Public Policy, and Events Home Rule Powers Winter Springs Code of Ordinances City of Winter Springs Comprehensive Plan PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, OCTOBER 2, 2019 | PAGE 5 OF 6 Procedural History: February 22, 2016 City Commission approval of the Northern Oaks Annexation, Large-Scale Future Land Use Amendment, and Rezoning to Low Density Residential and R-1 (One-family dwelling) January, 8 2018 City Commission | Approval (Northern Oaks Preliminary Engineering Plans) March 1, 2017 Planning & Zoning Board/Local Planning Agency | Recommendation (Northern Oaks Final Engineering Plans and Waiver Requests) March 13, 2017 City Commission | Approval (Northern Oaks Final Engineering Plans and Waiver Requests) November 2017 Site work construction commenced and is currently in progress April 9, 2018 Aesthetic Review Plans | Approval Fiscal Impact 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 - 35 units  Units - 35 assessed at $200,000 = $7,000,000 assessed tax value o $10,800,000/1000 =7,000 o $7,000.00 x(2.4300) = $17,010 o $17,010 (less the 4% statutory discount) = $16,329.60 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 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. PUBLIC HEARINGS AGENDA ITEM 400 | WEDNESDAY, OCTOBER 2, 2019 | PAGE 6 OF 6 RECOMMENDATION Staff recommends that the Planning and Zoning Board/Local Planning Agency forward a recommendation of approval to the City Commission of the requested Waiver for Northern Oaks. Subject Property 417434 PINERAMPARTESIA BENTLEY J E T T A CASS LAKE JESSUPTALON SARANACROCHESTERCRANSTONPALMYORKSHIRE ADLER CITRUSTERRACE MYRTLE OAKSDOMERWELLINGTON CALYPSOWILLA LAKE MACTAVANDASH FOXFIRE WESCOTTNORWO O DMANCHESTERLING O WRENTHAMKELLY G R E E N JESSAMY TERRAVIST A ELLINGTONOLEAN OWASCO WILLA SHANGRI LAARRINGTONWORTHINGTON TRUMPET LEAFMACGLENRO S S ABBOTSFORD CHANDLERPINEBRANCHVERANDAH PICKERINGTON HEATHERBROOKEWHITE COTTON PINE R A M P 4 1 7 Vicinity Map Northern Oaks Legend Streets Parcels ²0 0.15 0.30.075 Miles 1 inch = 944 feet Exhibit 1 Exhibit 2