HomeMy WebLinkAbout2000 02 02 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 Depl.
Planning Division
PLANNING & ZONING BOARD I LOCAL PLANNING AGENCY
AGENDA ITEM:
II. A.
WmTEMARK AL TERA TION TO FOX GLEN AT CHELSEA
P ARC AT TUSCA WILLA, PHASE II FINAL
DEVELOPMENT PLAN PER LOTS 120, 121, 122, 123
STAFF REPORT
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-359. Alterations to the Final Development Plan.
(a) Any request for an alteration, revision, 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 of fact 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. If not, the Board shall review the proposal and the staff recommendations to
determine whether 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:
Hugh Harling
Harling, Locklin & Associates
OWNER:
Whitemark Homes, Inc.
(property owner for Lots 120, 121, 122, 123 under consideration in Fox Glen at Chelsea
Pare, Tuscawilla, Phase II.
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:
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Whitemark Builders, the developer of the property is requesting a variance to the current
rear yard setbacks from 20 feet to 15 feet for Lots 120 through 123. The reduction in
setback is requested in order to compensate for a 5 foot difference in lot depth in lots 120
- 123 as compared to the other lots within the development. The 5 foot difference in lot
depth, from 103 feet to 98 feet prevents the builder from constructing the standard homes
as provided elsewhere in the development. The inability to construct a house comparable
to the other homes in the development would create an extreme hardship on the
developer.
PROPERTY:
Location: Fox Glen at Chelsea Parc in the Tuskawilla PUD is located on the south side of
Winter Springs Blvd. just east of Greenbriar Lane. Specifically, Lots 120 through 123
are located on Fox Glen Court.
Legal Description: LOTS 120, 121, 122, 123 FOX GLEN AT CHELSEA PARC
TUSCA WILLA - PHASE II" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 55 PAGES 37-39, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
ACREAGE:
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Approximately 5,198 square feet per lot.
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EXISTING LAND USE OF SUBJECT PROPERTY:
Lots are vacant.
CHRONOLOGY OF SUBJECT PROPERTY:
January 21, 1987
January 26, 1987
April 27, 1992
October 13, 1992
December 14, 1992
August 23, 1993
August 14, 1997
. July 21, 1998
October 12, 1998
March 22, 1999
July 12, 1999
FUNDING:
P & Z Board recommended approval with certain changes the
Final Development PlanfPreliminary Engineering for Braewick
Villages at Tuscawilla.
Commission approved Final Development PlanfPreliminary
Engineering for Braewick Villages at Tuscawilla.
Commission approved the preliminary conceptual plan for
Braewick at Tuscawilla.
Chelsea Parc Phase IT (formerly Braewick) at TuscaWilla
preliminary meeting with Development Review Committee.
Commission approved the Final Engineering for Chelsea Parc
(formerly Braewick) at Tuscawilla.
Chelsea Parc at Tuscawilla Phase IT Final Plat approved by
Commission
Development Review Committee reviews Fox Glen - Phase II
Final Engineering Plans.
Development Review Committee reviewed Fox Glen Phase II -
Final Engineering.
City Commission approved the Final Engineering of Fox Glen-
Phase II, Chelsea Parc at Tuscawilla.
City Commission approved the recordation of the Final Plat and
the supplemental covenants for Fox Glen at Chelsea Parc Phase IT.
City Commission accepts the improvements as having been
constructed per the approved Final Engineering Plans at Fox Glen
Phase II Chelsea Parco
No monies from the City are required.
II. CONSIDERATIONS:
1. The Final Plat of Fox Glen at Chelsea Parc, Tuscawilla Phase II (Plat Book 55,
Page 38) indicates a 20 foot rear yard setback.
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2.
The Declaration of Conditions, Covenants, Easements and Restrictions for
Chelsea Parc at Tuscawilla and the First Amendment to The Declaration of
Conditions, Covenants, Easements and Restrictions for Chelsea Parc at
Tuscawilla do not discuss setbacks.
3. Article XIV Section 3 "Compliance with City Code" in The First Amendment to
The Declaration of Conditions, Covenants, Easements and Restrictions for
Chelsea Parc at Tuscawilla states "Nothing contained in this Declaration shall be
construed to permit or authorize any violation or deviation from the City Code for
the City of Winter Springs, Florida, as the same may exist from time to time."
4. The Homeowners Association of Chelsea Parc at Tuscawilla (resident controlled)
strongly support the Whitemark request and recommend a variance of 5 feet be
granted for Lots 120, 121, 122 and 123 on Fox Glen Court, Chelsea Parc at
Tuscawilla, Phase n.
ID. ANALYSIS OF REQUEST FOR PLANNING & ZONING
BOARD INTERPRETATION:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
IN REVIEWING TillS APPEAL TO THE P & Z BOARD FOR INTERPRETATION.
A.
JUSTIFICATION FOR REQUEST:
1. The applicant believes that the 20 foot setback is restrictive considering the type
of houses being built in Phase 2. The lots are small. "We have tried to fit
existing house plans on the above referenced lots. Not one house plan fits. It cost
approximately $ 15,000 to properly design construction house plans. The
hardship here is one of generating a minimum of two house plans and maybe
three to keep from duplicating plans side by side. The cost would be $ 30,000 to
$ 45,000 to cure a plat mistake of5 feet on the rear setback distance."
2. Granting of the reduction in the twenty (20) foot setback to fifteen (15) feet by the
Planning & Zoning Board is not in conflict with the covenants and restrictions for
Chelsea Parc at Tuscawilla.
3. Staff believes a reduction of the rear yard setback from 20 feet to 15 feet would
not negatively impact the functional and aesthetic enjoyment of properties.
4. The proposed reduction of 5 feet from 20 feet to 15 feet for the rear yard setback
does not constitute a substantial change in the Preliminary Development Plan and
the Final Development Plan or the Final Plat.
B. 'POTENTIAL NEGATIVE EFFECTS TO SURROUNDING PROPERTIES:
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1.
Possible potential negative effect might be that purchasers of Lots 124, 125 and
others to the south may object claiming a house built on Lot 120, 121, 122, 123
will show a disjointed appearance with the line of sight. The practical effect may
be that the functional use of their property is not on equal basis as those unbuilt
lots that get the setback reduction now.
2. Purchasers of other nearby lots may similarly request to have the rear building
setback line reduced also from 20 feet to 15 feet. The practical effect may be that
the functional use of their property is not on equal basis as those unbuilt lots that
get the setback reduction now.
IV. FINDINGS:
1. The Final Plat of Fox Glen at Chelsea Pare, Tuscawilla Phase IT indicates a 20
foot rear yard setback.
2. The proposed reduction of 5 feet from 20 feet to 15 feet for the rear yard setback
does not constitute a substantial change and is consistent with the overall
approved Preliminary Development Plan and the Final Development Plan.
3.
Granting of the reduction in the twenty (20) foot setback to fifteen (15) feet by the
Planning & Zoning Board is not in conflict with the covenants and restrictions for
Chelsea Pare at Tuscawilla. The Declaration of Conditions, Covenants,
Easements and Restrictions for Chelsea Pare at Tuscawilla and the First
Amendment to The Declaration of Conditions, Covenants, Easements and
Restrictions for Chelsea Parc at Tuscawilla do not discuss setbacks.
4. A reduction of the rear yard setback from 20 feet to 15 feet would not negatively
impact the functional and aesthetic enjoyment of properties adjacent to the subject
properties.
5. The Homeowners Association (resident controlled) strongly support the
Whitemark request and recommend a variance of 5 feet be granted for Lots 120,
121, 122, and 123 in Fox Glen at Chelsea Parc,Tuscawilla, Phase IT as promptly
as possible.
v. STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board approve the request to reduce the rear
yard setback for Lots 120, 121, 122, and 123 in Fox Glen at Chelsea Pare, Tuscawilla,
Phase II based on the findings of the Staff Report
. ATTACHMENTS:
A. Final Plat of Fox Glen at Chelsea Parc, Tuscawilla Phase II.
B. Letter dated December 28,1999 to Tom Grimms from Randy Kirkwood,
ASLA of Harling Locklin & Assoc., Inc., explaining purpose for request
for reduction in rear yard setback.
C. Letter of support from Homeowners Association of Chelsea Parc at
Tuscawilla.
D. uGingerbread Houses "article from the November, 1992 issue of Builder
Magazine.
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ATTACHMENT A
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ATTACHMENT B
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HARLING
LOCKLIN
-
CONSULTING ENGINEERS · PLANNERS · SURVEYORS
December 28, 1999
Mr. Don LaBlonc
City of Winter .springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
re: Request of variance to building setbacks, Lots 120, 121, 122 & 123, Fox Glen at Chelsea Parc
Tuskawilla, Phase II.
Dear Mr. LaBlonc,
Whitemark Builders, the developer of the above referenced property is requesting a variance to
the current rear yard setbacks from 20 feet to 15 feet for lots 120 through 123. The reduction in
setback is requested in order to compensate for a 5 foot difference in lot depth in lots 120 - 123 as
compared to the other lots within the development. The 5 foot difference in lot depth, from 103
feet to 98 feet prevents the builder from constructing the standard homes as provided elsewhere in
the development. The inability to construct a house comparable to the other homes in the
development would create an extreme hardship on the developer.
The abutting lots ( 78, 79 & 80) are currently owned by the developer and future sale of these lots
would include notice to potential buyers regarding the reduced setbacks on the subject lots.
The applicant as the developer of the project and as the owner of all affected lots requests
approval of this request.
Your assistance in this manner is greatly appreciated. Please call if you have any questions.
S. I I I
mcere y'." : J
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Randy Kirkwood, ASLA
Planning Director
cc: Whitemark Homes
9807/dI12-20
850 COURTLAND STREET. ORLANDO, FLORIDA 32804
(407) 629-1061 · FAX: (407) 629-2855 · E-mail: HHarling@Worldnet.AIT.NET
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ATTACHMENT C
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c'nl1-C:/-VU Inv V'1'VI r'l
Se~t By: WHITEMARK,INC.;
,. ROH F'. S, 1.
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4073669688;
Jan.24.00 8:56Alil;
el.~1.2ee\l 17!e5
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MI. BiU Rigsby
W1litc~ Hozm'$
2~7 PlUA Dtlvo
SuilC D
Oviedo, PL 32765
Dear Bill:
The Chel$l:.a Pertl Fox Glen H.otnOClwntr', MsociatlM r;trongty ~rt your
Roques1, and recommend A varillf\.CC of S feet be granted (or ~ 120, 111, 122, AAd
123 on FoxOlen CO\l.lt.
Pkasc Ie{ me Mow it you need additi 0JUl1 &Uppon . n thi, miller.
~
Je.trrey D. MIU~,
Pmi6cnt, Chc:lza Patel Fox Glen HOA
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ATTACHMENT D
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Tbe Cbe'1$ea Pare Model at Chelsea Pare-Apopka. Winner of 1992 Parade of Homes
'c Cbels! Pare)
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QUEST PROPERTIES, INc.
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QUEST PROPERTIES, INC. was founded with the strong
belief that moderately priced homes should rival
more expensive homes in quality, craftsmanship and
attention to detail. This corporate philosophy has
struck a responsive chord and in only a few years,
Quest has already developed award-winning com-
munities for hundreds of families in Central Florida
and has become one of the area's fastest growing and
leading homebuilders.
The guiding force behind Quest Properties is a
unique ownership team that combines broad experi-
ence in top quality residential and commercial con-
struction from million dollar homes in the northeast,
to major shopping centers in Florida and emergency
renovations after Hurricane Andrew. Quest's rapid
,
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.
success is due to the company's ability to build
innovative designs at easily affordable prices.
In every Quest home you'll find quality construc-
tion, original designs, authentic historic details, and
bright, open, spacious interiors, all at prices that offer
tremendous value. The location of each Quest
community is carefully selected within Central Florida's
best neighborhoods near good schools, convenient
shopping and major employment centers.
Our professional sales counselors understand what
an important investment your new home represents
and they are ready to assist you with knowledgeable
recommendations and answer any queStions you may
have about your new Quest home, including custom-
izing options and a variety of home financing plans.
We sincerely believe you won't Imd a better combination
of quality, value and affordabillty!
QlIgE~]~
.
Corporate Offices
2611 Technology Park Drive, Orlando FL 32804
(407) 299-6312 . Fax (407) 298-6784
"~~'.
Th 1 125-sQuare- .
e, .. IS
toot Grand VictOria
the most popular .plan
al Chelsea parc; II
sells lor $73,900. .
Buyers like its flexl'
ble middle room,. .
which can be a ~Inlng
room, den, or third
bedroom (mo~t .buy-
ers take the dining
room).
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, . ,". DESIGN. BUILDER'S BEST. .,,". . . .. . '" '
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BUILDER
NOV 92
Gingerbread Houses
ORlANDO-Picture narrow streets lined with colorful Victorian
cottages, and you've got Quest Properties' vision for Chelsea
Parco The site had been zoned for attached housing, "but the
market wasn't there for townhouses," says builder Michael
Rosen. So he and his partners got the parcel rezoned for single-
family-at a density of 7.4 per acre. "The density kept our land
costs down Ito $15,000 per developed lot], which allowed us to
sell houses for as little as $67,900," Rosen says.
Quest, which built 100 houses this year-all for less than
$l00,OOO-went head-to-head with the big
guys at Chelsea Parco Centex is building
on one side; Ryland on the other, "But
their lots are 50 by 100, whereas ours are
only 32 by 103. And their prices start in
the $80s," says Rosen. There are other
communities in Orlando with prices in the
, $60s, but none have the parks and pools
- that Chelsea Pare gives residents-all for
a modest fee of $15 a month. "We felt it was important to provide
the amenities our buyers were used to in their apartment com-
plexes," Rosen says. Sales are averaging 7.5 a month.
Quest plans a total of 96 houses for the 13-acre site. Hous-
es are clustered in groups of two to six, separated by green
spaces that function as common play areas for the neighbor-
hood children. And despite the narrow lot widths, each house
has at least 25 feet of rear yard enclosed with wooden fenc- I
ing that fits the Victorian theme. "We put a park with a gaze-/
.bo (shown below) right at the entrance to the community to
help downplay the density," notes Rosen. He believes the I
Victorian architecture creates a more attractive street I'
scene. "We have 13 different designs and a whole range of i
authentic Victorian colors," he says. The "gingerbread" is I
actually moulded polyurethane. It costs less and is more .
durable than wood, and it's produced in quantity for ;:
Quest by a local signmaker.
Rosen, who in a previous life built million-dollar
custom houses in New York, says this line of work is
far more rewarding. "There's nothing like helping a
young family get into that first home for $3,500
down," he says. He and his partners have plans to
launch two more affordable communities like
Chelsea Parc, both in the Orlando area.
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;:fronJ:$67.900{.{
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Project: Chelsea Pare, Apopka. Fla.: Density: 7.4 units per acre; Unit size: 920 to 1,710
square feel; Price: $67,900 to 592,900; Developer/Builder: Ouest Properties, Orlando;
Architect: Winter Park Design. Maitland, Fla.: land planner: American Civil Engineer-
ing Company, Winter Springs. Fla.: landscape archilect: French Designs. Orlando;
Interior designer: Interiors Defined. longwood, Fla.
PhOtos: Bob Braun
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