HomeMy WebLinkAbout1997 10 15 Regular Item A
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING AND ZONING BOARD
REGULAR AGENDA ITEM:
II. A.
HORTON ALTERATION TO GREENBRIAR AT TUSCA WILLA
FINAL DEVELOPMENT PLAN
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-360(a) of the City Code states in part" Upon approval of the final development plan, the
use of the land and construction, modification or alteration of any buildings or structures within
the planned unit development shall be in accordance with the approved final development plan,
rather than with other provisions of this chapter."
Sec. 20-360(b) of the City Code states "After completion of construction of the area covered by a
final development plan, no changes may be made except under the procedures provided below:
(2) Any uses not authorized by the final development plan may be added to, modified
or deleted from the final development plan in accordance with the provisions of
Section 20-359."
Sec. 20-359. Alterations to the Final Development Plan.
(a) Any request for an alteration, r~vision, addition or deletion to the final development plan shall
be submitted to the City Clerk for review by the Planning and Zoning Board. The Board shall
review the request and make finding offact as to whether the proposal constitutes a change in the
preliminary development plan also. If so, the request must first be processed according to section
20-358. Ifnot, the Board shall review the proposal and the staff recommendations to determine
whther or not the proposed change is substantially consistent with the approved final development
plan. If the proposal is determined to be consistent, the Planning and Zoning Board may approve
or approve with modifications the proposed change.
(b) If the proposal is determined not to be substantially consistent with the approved final
development plan, the Board shall forward to the City Commission a recommendation for
approval, approval with modifications, or denial of the request, stating their reasons for such
action. The Commission shall then review the proposal and the recommendations of the staff and
the Planning and Zoning Board and either approve, approve with modifications, or deny the
request stating their reasons for such action.
1. BACKGROUND:
APPLICANT:
David Auld
D.R. Horton Custom Homes
6250 Hazeltine National Dr., Suite 102
Orlando, FL 32822
(407) 857-9101 X 31
OWNER:
D.R. Horton Custom Homes
(majority property owner for properties under consideration in Phase II)
(Controlling membership in Phase II Homeowners Association)
REQUEST:
For the Planning & Zoning Board to:
(1) determine that the change is substantially consistent with the approved final
development plan.
(2) approve or approve with modifications the proposed change.
PURPOSE:
The (Revised) Covenants and Restrictions for Greenbriar Subdivision Phase II are not
reflected in the City's records of the final development plan. The amendments to the
document gave architectural control to Winter Springs Development Corp. and to the
Greenbriar Home Owners Association.
PROPERTY:
Location: On the east side of Greenbriar Lane near the southern portion of Northern Way.
Legal Description: A PORTION OF "PHILIP R. YOUNGE GRANT" PLAT BOOK 1,
PAGES 35, 36, 37 LYING IN SECTIONS 7 AND 18, TOWNSHIP 21 SOUTH,
RANGE 31 EAST, CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
.
[GREENBRIAR SUBDIVISION PRASE 2 CONTAINING 18.68 ACRES]
ACREAGE:
1.74 acres = total area under consideration encompassing Lots 91 to 118 inclusive. (See
colored portion of lots on map)
EXISTING LAND USE OF SUBJECT PROPERTY:
Some lots have existing single family residential and some are vacant.
CHRONOLOGY OF SUBJECT PROPERTY:
October 11, 1971
April 22, 1985
May 30, 1985
September 4, 1985
September 4, 1985
December 12, 1988
December 19, 1988
December 19, 1988
(Date not given)
December, 1995
June, 1996
December, 1996
January, 1997
FUNDING:
Tuscawilla annexation ordinance # 64 adopted.
Greenbriar Phase I Plat approved.
Greenbriar PUD private covenants recorded.
Greenbriar Phase I Final Plat recorded.
1st amendment to private covenants.
Greenbriar Phase 2 plat approved.
Developer recorded supplement to private covenants.
Greenbriar Phase 2 Final Plat recorded.
Subsequent amendment (not provided) gives the ROA/ARB power
to reduce setback to 30 feet.
Building permit issued for Lot 103.
Certificate of occupancy issued for Lot 103.
Building permits issued for structures encroaching into 40' buffer.
Building permits issued for structures encroaching into 40' buffer.
No monies from the City are required.
II. CONSIDERATIONS:
1. The Revised Lot Layout plan of the Final Development Plan of Greenbriar Phase 2
indicates a 40' setback along the golf course..
2. A forty (40) foot golf course setback is indicated on the Final Development Plan
for Greenbriar in the lot layout detail.
3. The document titled First Amendment to Declaration of Covenants, Conditions,
and Restrictions Greenbriar (Also known as Greenbriar at Tuscawilla) [signed
June, 20, 1985]states in Article VIII Architectural Review Board, Section 2.
Review by the Architectural Review Board "Nothing herein shall authorize the
~
ARB or Developer to issue a waiver of any provision, section or requirement of
the Code of Ordinances for the City of Winter Springs, Florida." (page 5)
Section 3. Rules. Statements of Policy, and Effect of ARB Approvals. states "The
ARB shall have no authority to promulgate a rule, statement or policies in conflict
or inconsistent with the Code of Ordinances of the City of Winter Springs,
Florida. "
4. In Section 25. Rules and Regulations. It states "The Association, from time to
time, may adopt, alter, amend and rescind reasonable rules and regulations
governing the use of the Lots, parking of vehicles on Lots and of the Common
Area, which rules and regulations shall be consistent with the rights and duties
established by this Declaration."
5. The document titled Declaration of Covenants, Conditions, and Restrictions
Greenbriar, in Section 31. Specific Lot Restrictions and Covenants. It states
[Seminole County recordation book 1642 on Page 1989; recorded May 29, 1985]
" (a) Building setback requirements along the perimeter of the subdivision shall be
as follows:
(1) Twenty-five (25) feet from Greenbriar Lane, a sixty foot (60) right-of-way
to be constructed and dedicated to the Public.
(2) Twenty-five (25) feet from the Florida Power Corporation Easement which
is recorded in Official Records Book 183, Page 130 of the Public Records
of Seminole County, Florida.
(3) Forty (40) feet along the golf course.
(4) One hundred (100) feet from the centerline of Howell Creek."
6. Letter to John Goveruhk, City Manager, dated May 30, 1995, from William
Barfield claiming that D.R. Horton, Inc. Has obtained an assignment of
developer's rights concerning the Greenbriar at Tuscawilla Property. The
document "Partial Assignment of Developer's Rights" has stated [on Official
Records Book 2923, Page 1582 of Seminole County] in 32. Specific Lot
Restrictions and Covenants. (a) Building setback requirements along the perimeter
of the subdivision shall be as follows: (3) Forty (40) feet along the Golf Course.
However the ARB in conjunction with the ARB of Winter Springs Development
Corp. Shall at its discretion approve encroachments from a forty (40) foot setback
to a thirty (30) foot setback along the Golf Course.
7. Letter to Robert Guthrie, City Attorney, dated August 29, 1997 from William
Barfield. (Enclosed)
"
III. ANALYSIS OF REQUEST FOR PLANNING & ZONING
BOARD INTERPRETATION:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
INREVIEWINGTIDS APPEAL TO THE P & Z BOARD FOR INTERPRETATION.
A. JUSTIFICA TION FOR REQUEST:
1. The applicant believes that the 40 foot setback is unduly restrictive considering the
type of houses being built in Phase 2. The houses built in Phase I are
2. Staff believes that a reduction of the buffer from 40 feet to 30 feet would not
negatively impact the Golf Course, nor the functional and aesthetic enjoyment of
properties adjacent to the Golf Course.
3. Granting of the reduction in the forty (40) foot buffer to thirty (30) feet by the
Planning & Zoning Board is not in conflict with the covenants and restrictions of
Greenbriar at Tuscawilla, since the document of covenants and restrictions allows
for modifications.
B. POTENTIAL NEGATIVE EFFECTS TO SURROUNDING PROPERTIES:
1. Possible potential negative effect might be that purchasers of lots along the Golf
Course in Phase 1 may object claiming preferential treatment. The practical effect,
in the view of owners in Phase 1, may be that the functional use of their property is
not on equal basis as those properties in Phase 2.
2. Phase 1 property owners along the Golf Course may seek to have their buffer
reduced from the forty (40) feet to what is now requested in Phase 2 - thirty (30)
feet.
III. FINDINGS:
*
The Revised Lot Layout plan of the Final Development Plan of Greenbriar Phase 2
indicates a 40' setback along the golf course..
*
A forty (40) foot golf course setback is indicated on the Final Development Plan
for Greenbriar in the lot layout detail.
*
The applicant must present the proposed change to reduce the forty (40) foot
buffer for those properties bordering the Golf course to thirty (30) feet, per Sec.
20-360 and Sec. 20-359 of the Code of Ordinances of the City of Winter Springs.
t
*
Staff believes that a reduction of the buffer from 40 feet to 30 feet would not
negatively impact the Golf Course, nor the functional and aesthetic enjoyment of
properties adjacent to the Golf Course.
*
The document titled First Amendment to Declaration of Covenants, Conditions,
and Restrictions Greenbriar (Also known as Greenbriar at Tuscawilla) [signed
June, 20, 1985]states in Article VIII Architectural Review Board, Section 2.
Review by the Architectural Review Board "Nothing herein shall authorize the
ARB or Developer to issue a waiver of any provision, section or requirement of
the Code of Ordinances for the City of Winter Springs, Florida." (Page 5)
Section 3. Rules. Statements of Policy. and Effect of ARB Approvals. states "The
ARB shall have no authority to promulgate a rule, statement or policies in conflict
or inconsistent with the Code of Ordinances of the City of Winter Springs,
Florida. "
IV. STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board determine that the proposed change:
(1) does not constitute a substantial or substantive change in the approved Final
Development Plan; and,
(2) that the change is substantially consistent with the approved Final Development
Plan; and,
(3) approve the proposed change to reduce from forty (40) feet to thirty (30) feet the
buffer along the Golf Course in Greenbriar Phase 2.
ATTACHMENTS:
1. Greenbriar Phase 2 Revised Lot Layout of the Final Development Plan.
2. May 30, 1995 Letter to John Goveruhk from WilIiam Barfield, including document
"Partial Assignment of Developer's Rights".
3. Letter, dated August 29, 1997, to Robert Guthrie, City Attorney, from William
Barfield.
4. Copy of Sec. 20-359 and Sec. 20-360 of the Code of Ordinances of the City of
Winter Springs.
5. Copy of relevant sections of the document titled First Amendment to Declaration
of Covenants, Conditions, and Restrictions Greenbriar (Also known as Greenbriar
at TuscawilIa) [signed June, 20, 1985].
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HIGLEY & BARFIELD,' P.A.
Attorneys At Law
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JUN 0 , 1995
\:.i
The Maitland Forum
2600 Lake Lucien Drive
Suite 2Zl
Maitland, Aorida 32751-7234
CITY OF WINTER SPRING
City Manager
Telephone (407) 875-11n
Fax (407) 875-1722
David A. Higley
William E. Barfield
May 30, 1995
John Govoruhk., City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
Re: D.R. Horton, Inc.lGreenbriar at Tuscawilla Property
Dear Mr. Govoruhk.:
The purpose of this letter is to confirm to you that D.R Horton, Inc. has obtained an
assignment of developer's rights of the Winter Springs Development Joint Venture concerning their
Greenbriar at Tuscawilla Property. Pursuant to the terms and conditions of the Partial Assignment
of Developer's Rights, D.R Horton, Inc. has acquired all of Winter Springs Development Joint
Venture's rights to control the construction activities on their property within 40 feet of the golf
course, as well as any construction activities which are undertaken within 75 feet of the boundary
of any portion of the Greenbriar at Tuscawilla Property adjoining or adjacent to the golf course
property. The Partial Assignment of Developer's Rights has been properly recorded within the
Public Records of Seminole County, Florida. I am enclosing a copy of the Partial Assignment of
Developer's Rights for your review.
If you have any questions or comments please do not hesitate to contact me.
Sincerely,
WEB/dmd
c:
D.R. Horton, Inc.
(;;;IV!3A.11 L- 5/~1\ VIe;:;. ;)
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(2) The concept, land uses, densities and phas-
ing of the approved preliminary develop-
ment plan;
(3) Any other pertinent ordinances or regula-
tions.
(b) If the planning and zoning board determines
that the proposal is not consistent with such provi-
sions, a public hearing on the request shall be
held by the city commission. Upon receipt of
recommendations from the staff and the planning
and zoning board, the city commission shall hold
a public hearing on the request and either ap-
prove, approve with modifications, or deny the
proposal stating the reasons for such action.
(c) To protect the public interest, the planning
and zoning board may, for just cause, hold a pub-
lic hearing in the process of determining that the
alterations, revisions or modifications are consis-
tent. in making a recommendation to the city
commission.
(Ord. No. 367, ~ 1, Art. XIV, Part A, ~ 44.85.8,
5-11-87)
,
" '-"/
Sec. 20-359. Alterations to the final develop-
ment plan.
(a) Any request for an alteration, revision, ad-
dition or deletion to the final development plan
shall be submitted to the city clerk for review by
the planning and zoning board, The board shall
review the request and make finding of fact as to
whether the proposal constitutes a change in the
preliminary development plan also. If so, the re-
quest must first be processed ::lccording to section
20-358. If not, the board shall review the proposal
and the staff recommendations to determine whether
or not the proposed change is substantially con-
sistent with the approved final development plan.
If the proposal is determined to be consistent, the
planning and zoning board may approve or ap-
prove with modifications the proposed change.
(b) If the proposal is determined not to be sub-
stantially consistent with the approved final de-
velopment plan, the board shall forward to the
city commission a recommendation for approval,
approval with modifications, or denial of the re-
quest, stating their reasons for such action. The
commission shall then review the proposal and
ZONING
~ 20-360
the recommendations of the staff and the plan-
ning and zoning board and either approve, ap-
prove with modifications, or deny the request stat-
ing their reasons for such action.
(Ord. No. 367, ~ 1, Art. XIV, Part A, ~ 44.85.9,
5-11-87)
Sec. 20-360. Control of development following
approval after construction com-
pleted.
(a) An approved planned unit development shall
be considered to be a separate zoning district in
which the final development plan, as approved,
established the restrictions, regulations, and dis-
trict description according to which development
shall occur. Upon approval of the final develop-
ment plan, the use of the land and the construc-
tion, modification or alteration of any buildings
or structures within the planned unit development
shall be in accordance with the approved final
development plan, rather than with other provi-
sions of this chapter.
(b) After completion of construction of the area
covered by a final development plan, no changes
may be made except under the procedures pro-
vided below:
(1) If any minor extensions, alterations or modi-
fications of existing buildings, structures
or utilities are consistent with the purposes
and intent of the final development plan,
they may be authorized by the building
code.
(2) Any uses not authorized by the final devel-
opment plan may be added to, modified or
deleted from the final development plan in
accordance with the provisions of section
20-359.
(3) A building or structure that is totally or
substantially destroyed may be reconstructed
only in compliance with the final develop-
ment plan unless an amendment to the plan
is approved in accordance with the provi-
sions of this article.
(Ord. No~ 367, ~ 1, Art. XIV, Part A, ~ 44.85.10,
5-11-87)
1231
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1325
SEMINJLE co. FL.
authority to waive any provision, section or requirement of the
Code of Ordinances for the City of Winter Springs, Florida.
~ Section 2. Review by the Architectural Review Board. No
building, fence, wall, or other structure shall be commenced,
erected or maintained upon Greenbriar, nor shall any exterior
addition to or change or alteration be made to any existing
building, fence, wall or other structure, nor shall any land-
scaping be commenced or existing landscaping substantially
altered or changed, unless and until the plans and specifications
showing the nature, kind, shape, height, materials and location
of the same shall have been submitted to and approved in writing
by the ARB. The Developer and his assigns are exempt from these
requirements of prior submission to and approval by the ARB.
Nothing herein shall authorize the ARB or Developer to issue a
waiver of any provision, section or requirement of the Code of
Ordinances for the City of Winter Springs, Florida.
Section 3. Rules, Statements of Policy, and Effect of ARB
Approvals. The ARB may promulgate rules governing the form and
content of plans to be submitted for approval or requiring speci-
fic improvements on Lots or Dwelling Units, including, without
limitation, exterior lighting and planting, and may issue state-
ments of policy with respect to approval or disapproval of the
architectural styles or details, or other matters, which may be
presented for approval. Such rules and such statements of policy
may be amended or revoked by the ARB at any time, and no inclu-
sion, omission from or amendment of, any such rule or statement
shall be deemed to bind the ARB to approve or disapprove any
- 5 -
4. That Section 25 of Article IX shall be deleted in its
entirety and the following inserted in lieu thereof:
"Section 25. Rules and Regulations. Np Owner shall violate
the rules and regulations for the use of the Lots and the Common
Area, or any rule, regulation or code section of the Code of
Ordinances, City of Winter Springs, Florida, as the same are from
time to time adopted by the Association or the City. The
prohibitions and restrictions contained in this Article shall be
self-executing without implementation by rules and reg~lations;
but the foregoing shall not be construed as an implied prohibi-
tion against the Association's extending the scope of such prohi-
bitions and restrictions by, from time to time, adopting rules
and regulations consistent with this Declaration. The Associ-
ation, from time to time, may adopt, alter, amend and rescind
t.
reasonab+e rules and regulations governing the use of the Lots,
,
parking of vehicles on Lots and of the Common A~ea, which rules
"'
and regulations shall be consistent with the rights and duties
established by this Declaration."
5. That Article XII shall be added after Article XI on page
37 as follows:
ARTICLE XII
COMPLIANCE WITH CODE OF ORDINANCES
CITY OF WINTER SPRINGS, FLORIDA
"The Developer and all parties to this Agreement and all
subsequent parties to this Agreement, agree that nothing herein
shall be construed as a waiver of any section of the Code of
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