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HomeMy WebLinkAbout2005 04 18 Public Hearings 401 Request for a Waiver for Greenspoint Subdivision Highlands PUDPLANNING & ZONING BOARD AGENDA ITEM 401 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR April 18, 2005 MGR. /DEPT Meeting Authorization REQUEST: The Community Development Department recommends the Planning and Zoning (P&Z) Board hear the request for a waiver from the from sections 20-354 (7) and 6-86 of the City Code of Ordinances, to allow a builder to construct 8 homes, consistent with the existing development in the Greenspoint subdivision, within the Highlands PUD . PURPOSE: The purpose of this agenda item is to consider a waiver request by Julian Demorra from the requirements of sections 20-354 (7) and 6-86 of the City Code of Ordinances to allow a builder to complete 8 lots of the Greenspoint subdivision, within The Highlands PUD, consistent with the typical setbacks in that subdivision. In addition to the Board of Adjustment (BOA) hearing the waiver request, Section 20-354 (7) requires the Planning and Zoning Board to review and make a recommendation to the City Commission, regarding the proposed setbacks in the planned unit development (PUD). APPLICABLE CODE: Sec. 20 - 354. [PUDI Site development standards. Sec. 6-86. Minimum setback requirements within PUD zoning districts. CHRONOLOGY: July 12, 2004 -City Commission adopted Ordinance No. 2004-31, establishing minimum building setbacks within PUDs. March 16, 2005 -City received application package from Julian Demorra. April 18, 2005 Public Hearing Item 401 Page 2 April 7, 2005-Board of Adjustment heard waiver requests and voted 3-1 to recommend 10' front and rear, and 3' side building setbacks for the remaining 8 undeveloped lots at Greenspoint, except that on Lot 102, approximately 4-5' of the south side of the house could encroach to within 2.43' of the side property line. FINDINGS: 1) The Greenspoint subdivision plat was recorded December 15, 1983, with 116 lots on 23.179 acres. 2) The applicant states that the proposed waiver request would make the homes on these 8 lots consistent with the setbacks on a majority of the built lots in that subdivision. He states that the setback provisions of Subsection 6-86 would force him to build in a manner that would be inconsistent and incompatible with the surrounding neighborhood, as the new houses would not align with the existing residences. 3) The applicant states that each of the 8 new houses would have at least a 3 foot minimum side yard setback, a minimum 10 foot front and rear setback, except that lot 102 is proposed with an approximately 4-5' segment of the south side of the building as close as 2.43' from the adjacent property line. 4) There are no building setbacks depicted on the Greenspoint final subdivision plat, recorded in Plat Book 29, Pages 24-26. 5) The Greenspoint Homeowners' Association has stated that its research confirms the applicants' request is consistent with and in harmony with the existing development within Greeenspoint. 6) The waiver request must conform to all six of the waiver criteria set forth in Section 20-34 of the City's Code of Ordinances. RECOMMENDATION: Staff recommends approval of the side yard building setback, to allowa 10' front and rear building setback and at least a 3 foot side setback on each side of the buildings (2.43' for an approximately 4-5'segment of the building on Lot 102) waiver request since it appears in harmony with the existing development and meets the 6 criteria. ATTACHMENTS: A -Application B -Construction plans for Hawks Landing (now Greenspoint) C -Other correspondence D -Proposed Plot Plan for lot 102 (latest revision to be provided at P&Z meeting) E -Sections 20-354 (7) and 6-86 F -Waiver criteria P&Z ACTION: rr ~;, ~" Gkk. S P J nW ~M~... ~ f j ~ ~I ATTACHMENT A ra:~~ I~..~s P ~'~ z 7 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 P=°,~ -: -, ~. w~ ., WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 crrvo~= ~;,,~,;:~ ;~~rar~~s Pennittir~a o :c~ina~i3 BOARD OF ADJUSTMENT APPLICATION ~ WAIVER ^ VARIANCE ^ CONDITIONAL USE /SPECIAL EXCEPTION ^ APPEAL OF AN ADMINISTRATIVE DECISION APPLICANT: JULIAN DEMORRA KEY REALTY DEVELOPMENT First Middle MAILING ADDRESS: 2845 ENTERPRISE ROAD DEBARY, FLRODIA 32718 City State Zip Code PHONE: (407) 538-1465 If Applicant does NOT own the property: PROPERTY OWNER: DEMORRA JULIAN Last First Middle MAILING ADDRESS: SAME AS ABOVE City State Zip Code PHONE: This request is for the properly described below: PROPERTY ADDRESS: 633 & 635 NIGHTHAWK CIRCLE, WINTER SPRINGS 32708- LOT # 101, lot 102 and 6 additional lots se'e~a ached. /~- TAX PARCEL NUMBER: ~' ~~~~ ~~ ~~ (~'-~~'! ~f SIZE OF PARCEL: ~~~/ ~ ~~ it i*/~ ~.ptt ~e G ~ i .Y•~G.~'ioa/1 Square et Acres Current FUTURE LAND USE Classification: MEDIUM DENSITY RESIDENTIAL Current ZONING Classification: PUD Please state YOUR REQUEST: Greenspointe Sub-Division was approved m tti~e restriction showed zero lot lines. I have built many homes on the lots I owne~I~~f~~E~ /85~ MISC ~E9B1~'~1A RECEIPTS completing the last few lots I have. Your PUD ordinance creates a hardship a>)trd~alc8'si~impossibl~6l85 16:89 Pay~ent ' f •~ Receipt R . : 98995 Cheek/Credit Card R: 7672 Clerk : ddubois paid By :KEY REALTY & DEVELD Apri130, ?.004 maintain the character that currently exists in that community. I request a waiver from your PUD ordinance to allow me to complete the development of the remaining lots I have. 2 January 26, 2005 WAIVER REQUEST A waiver requires compliance with all six (6) criteria outlined in Code Section 20-34: Address each of the following conditions related to the variance request. Attach additional paper as necessary: ^ What is the Waiver you are requesting? Exception from the recently enacted PUD ordinance related to set backs for zero lot lines ^ Is the proposed development plan in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? This sub-division was granted rights to build over 20 years ago with "no" set back requirements in place except restrictions imposed by the deed restrictions. Over 90% of the lots have been built under these conditions. The comprehensive plan currently calls for medium density residential in the Highlands sub-division of which Greenspointe pertains to. ^ Will the proposed development plan significantly enhance the real property? It enhances the property in that it completes the area where the lots are now next to built homes am sure the neighbors would be happy to see a home rather than en empty lot next to them It sure increases property values for all ^ Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs ? It meets the requirements. ^ Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? It increases property value. A survey of current property values in Greenspoint shows an exponential increase the values of the homes. ^ Is the waiver request 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? Yes. Jan~y w, Zoos ^ Is the proposed development plan compatible with the surrounding neighborhood? Yes. Please bear in mind that 90% of the homes built in Greenspoint have less than 10' front set back and no rear set back requirements The homes all align beautifully Changing the chararcted to meet the PUD set back not only changes the current look of the community but creates a hardship since all of my plans are the same the lots are small and narrow 6 January 2G, 2005 ,_ --~1, . r... ~ .. N CONSTRITCTION PLANS n ~lt. ~ FOR ~' Re~`"'~ pv~ ~~~ ~ y y ~n INDEX UE$1lE~TSJ 1. -... COVER SHEET' .,.. . .._ _ ~ _L . _. . ~. .r-......~ _.. ._._..... _.. __...-._.__._ MASTER PLAN (PAVING i. DRAINAGE) I'~ 3.-13. ~ PLAN ~ PROFILE (PAVIMG~.l. ORAINAOEY j : I ~._ 11. -RETENTION PONDS DETAILS .1b. CURB DETA1l3 ~ 18. FLARED ENG'.SECTION 17. ; . STD. NANHOLE DETAILS 73. STD. CURB INLETS 19. l MASTER PMN (SE WERi WATER).' .:_ 2O: 30.. PLAN i PROFILE (SEWER i WATER) 37.e:32~.. 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Y STREETS TO NAVE S/6H5- © 51ed:/isJ 5 6-Berme /o SD PS/ fBY © Mom/LUrb ® Qi 2'A.C.SL. CTyPe S-/~ A /aP N1Y 156M DYER, RIDDLE, MILLS AND PRECOURT, INC. MASTER -PLAN- PAYING & DRAINAGE -~~ Bo - za ~"""®"-'""""°" HAWKS LANDING ~ s""B' 19RlANDO•ROR1W8 " - N'G. E. JA. A' •~B. F. ~N!c. f: WINTER SPRINGS, FLORIDA L 3 ATTACHMENT C March 25, 2005 To: John Baker From: Allen Epstein Re: Julian Demora's Waiver Application Dear John, I visited Greens Pointe sub-division located in the Highlands PUD and took several pictures of the community. Please find enclosed a CD for use with the application. As I see it the set backs that have been previously utilized in the past 3-3.6' on each side plus applicable front and rear set backs which I will discuss with you upon your return from vacation. I need to know when I would be required to post the announcement of the meeting. Would it be ready this week for me to pick up? Sincerely, Allen Epstein The inti`~ is ~o build houses on the 81ots in keeping with the character of the t'2". .~...~: ~ ,~:. N'.V n ouses will have a minimum 3' side set-back, a minimum 10' front set-back & ~" nimum 10' back set-back. ~,~~:~', ~~, `'3~T©TE-.one property, lot# 102 has it's front on an extreme curve--- Therefore it will have a circular drivew'~y, to accommodate parking & will be set-back 1.2' on the left front edge (approximately 8' from the curb-the right front edge will be set-back 30' (approximately 317' from the curb). The reason for shifting this house forward is to ensure that the back patio does not almost touch the rear neighbor's line. (see attached drawing of lot# 102) • ~irt~aw~s~c ~ G~.~.roc.~~',o~ vita ~~ P.O. Box 196321 • Winter S rin s F p g , L 32? 19.6321 Apri16, 2005 ~~ ~"c F,~ % C,. i, d~ K CITY OF WIN1 ~:I3 SPR.IhdGS Board of Adjustment, ,City of Winter Springs, Current Planning City Hal1,1126 East State Road 434, Winter Springs, Florida 32708 Re: Waiver on proposed AND construction of new homes on the remaining eight undeveloped lots in Greenspointe, Winter Springs Commissioners, City of Winter Springs, City Ha11,1126 East State Road 434, Winter Springs, Florida 32708 Dear Members: The Architectural Control Committee of the Greenspointe Homeowners Association continues to encourage Mr. Julian Demora /Key Realty Development to build quality homes in Greenspointe and it is in our community's best interest to have Greenspointe totally built out. Those homes, however, must continue to be in harmony with the current one hundred eight homes in our development and any proposed homes must be constructed in accordance with applicable sections of our DECLARATION OF COVENANTS RESTRICTIONS AND AGREEMENT OF MAINTENANCE (Sections 12 through 17 of our DECLARATION, which specifically address Greenspointe's home construction requirements, are attached for your information and review). The members of the Greenspointe Architectural Control Committee met on Apri12, 2005, for the following purposes: (1) to view undeveloped Greenspointe lots 101 and 102 where two homes are proposed to be built in the near future (and on which lots Mr. Demora is requesting a waiver of Chapter 6, Article III, Sec. 6-86 of Winter Springs' BUILDINGS AND BUILDING REGULATIONS); (2) to review the location of the remaining sig (6) undeveloped lots on the Plat of Greenspointe (and on which Mr. Demora is also requesting a waiver of Sec. 6-86 of the city BUILDINGS AND BUILDING REGULATIONS to build homes some time in the future); (3) to review Mr. Demora's Plot Plans for his arouosed home construction on lots 101 and 102; and (4) to develop the Architectural Control Committee's recommendations to the Winter Springs Board of Adjustment and to the city Commissioners on future home construction in Greenspointe. The Committee reconvened on April 6 (following Julian Demora's provision of revised plot plans for the proposed homes on Greenspointe lots 101 and 102 to the Committee) to further discuss his proposed construction of homes on Greenspointe's eight undeveloped lots. Since Mr. Demora is applying for a City of Winter Springs waiver to build homes on Greenspointe's eight undeveloped lots with "a minimum three (3-0) foot side set- back" and "a minimum ten (10-0) foot front set-back" and "a minimum ten (10) foot back set-back" for the proposed homes (with the exception of the home on lot 102), the Greenspointe Architectural Control Committee unanimously agrees those set- back measurements are in harmony with existing homes in Greenspointe. Our Committee, therefore, recommends the approval of the waiver for those requested side, front and rear set-backs for all future homes to be built in Greenspointe by Key Realty (with the exception of lot 102.) Following review of the revised plot plan dated Apri15, 2005, for the proposed home on lot 102, the Architectural Control Committee recommends approval of that plot plan which will require a set-back of only five (5-0) feet from the front property line, ten (10-0) feet from the rear property line and three or more feet set-backs from the side property lines except for the approximately five feet at the rear of the right elevation where the proposed home on lot 102 will be built as shown on the revised plot plan for lot 102. Finally, any proposed construction on Greenspointe "golf course" lots 67, 72 and 81, the rear property lines of which abut the Winter Springs golf course, cannot encroach into the twenty-five (25-0) foot golf course buffer zone defined in the 1983 deed transferring all of Greenspointe property from the owners of the Golf Course. We continue to appreciate the oversight of the City of Winter Springs regarding building codes to ensure quality homes continue to be built in our city. For the Architectural Control Committee: ./~~~ Ga Dil er ry Enclosure: Sections 12 through 17 of Greenspointe's DECLARATION OF COVENANTS, RESTRICTIONS AND AGREEMENT OF MAINTENANCE Copy: Architectural Review Board, Highlands Homeowners Association Sections 12 through 17 of the GREENSPOINTE HOMEOWNERS ASSOCIATION, Inc., DECLARATION OF COVENANTS, RESTRICTIONS and AGREEMENT OFMAINTENANCE 12. RESIDENTIAL USE ONLY. No lot shall be used except for single family residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single family dwelling not to exceed two (2) stories in height and a private garage for not more than three (3) cars. 13. ARCHITECTURAL CONTROL CONIlVIITTEE. The Architectural Control Committee shall be composed of three (3) members of the Board of Directors of the GREENSPOINTE Homeowners' Association, Inc., (a Florida corporation not for profit), or three (3) persons appointed by the Board of Directors of said corporation not for profit who shall not necessarily be members of the Board of Directors. In the event of death of, or resignation of any member of the committee, the Board of Directors shall designate a successor within sixty (60) days from the date of said death or resignation. 14. PLAN APPROVAL. No building or construction of any nature shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design and external colors with existing structures, and as to location with respect to topography and finish grade elevation. The approval of the Highlands Homeowners Association Architectural Review Board is also required. 15. TIlVIE FOR APPROVAL. The committees approval or disapproval as required in these covenants shall be in writing. In the event that the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in the event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 16. SQUARE FOOTAGE. No principal residence shalt be erected unless the square footage area thereof, exclusive of screened porches, garages and storage rooms, shall equal or exceed one thousand four hundred (1,400) square feet; provided, however, that two-story homes need only have seven hundred (700) square feet on the ground floor. 17. TEMPORARY RESIDENCES. No structure of a temporary character, trailer, boat, motor home, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence or appendage to such residence, either temporarily or permanently. TTACHMENT D " PLOT PtA-N- " "REAZ PRQPEKTY- L3ESL~RYP7R7~if" LOT t02; GREENSPOINTE~ RCCORpiNG- TO" THE PLAT THEREOF AS REGQRDEp IN' PIJCT BOOK 29; PAGES 2# THROUGH- 27 OF THE PUBLIC RECORpB OF SEMINOLE COUNTY, FLORIDA. NOT A BOUNDARY SURVJ: Y P..C ~ n ~ Q\ T- .~ p~ 1 z v~`~ c' ` -L s ~~ ~ W 1 3:0~ a X ~~~ ~' ~lP~~r~ ~ ~ [~~~ . CITY OF yV NTER SPRINGS ` Current Planning - - LOT 101 GREENSRQINTE F.B. 29', pGS: 24-27 3:0' c-n ~; ~ PI{OpOSED o~~ ~, "_ ONCE ~ ~s 8 m 1--STORY CONCRETE 631 ~ ~, DRIVE ~ BLOCK RESIDENCE #~ n ~ f.F. ELEVATION 46.40- ~ ~~3 - ~. ~ r „~ T1.87 ~ . ~ ."~ g COT 102 r~-~• ~~ ~ ~ 04~, »:e~ P.B 29N PGSIN 24-27 + + 3.67' / ~~~ $ 'g 2:43' N77,22'Z~"4 2g,f1~ '` 76.94. - - N85'42'48"E 3.0' 4.69' I ~ ~~10.4p• I. LOT 107 pO p-~3. .25• - .. 49, II Ftf 3A~ LOT 103- 1. GREENSPOINTE i~ P.B. 29, PGS: 24-27 I .. A P.RM. -PERMANENT REFiAFIN~ MONUMENT d d GM. K r V I A - CglCJIE1E MONUMENT P.QC. - RdNJ 0[' COMMpIC®LDJT R.B.. - RIJIT. BOOK- P.G - PDINT OF CURVAfl1pE Pyy.. -PAGE PRO. - PpN7~OF REVERSE CURVATURE N.R -NON.-RADIAL. P.GG -POINT OF OOMPDINiD CURVATURE RA0. -RADIAL P.T. -POINT OF iANG01CY R.. - RADTUi P1 - PdNT dF WIEASEG710N L -ARC llN0T1i P.C.R. - PFJtlIANFNT CONTROL POINT G - OEL7A- P.Q:L -PAINT ON ~UIK .. ~ R.P. - RAOILIS POINT C.B. -CHORD BEARIN R/lY. - fINiNT-Cf WAY T:4 - TANl~17 BiARWD C. , -CENTER LINE SURVEYOR'S NO-TFS 1. NOT VALID VATHOUT THE SIGMA-TUBE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2: THE 'REAL PROPERTY DESCRIPTION-' SHOWN- HEREON- IS IN- ACGpRDANGE. WITH THE DESCRIPTION PROVIDED BY THE CLIENT. 3. N0 UNDERGROUND IMPROVEMENTS• OR- VISIBLE INSTALLATIONS HAVE BEEN- LocATED OTHER THAN sHOwN. 4. BEARINGS ARE BASED ON- THE NORTH llNE OF SAID LOT 99. ASSUMED AS• BEING N. 8S'42'48' E, PER PLAT. 5.. HANNG CONSIn_TFn TNF N•nroru ci nnn gun ~u~u~ nonno~u nn.. I I O~ ~N ~ o r- I~ co °. o -+ Im O O 0 \\ _..1 v rv ~ EL -ELEVATION t CONC. N ll - CONCRETE WLM. -WATER YE1ER A/C - AW CONdTIDNER C.LF. - CIIAEI LINK FENCE F.N. -FUZE IIMTNAFI7 TYP. - TYAICAL WF. -WOOD F191CE: N ! 0 -NAIL AND DISC U.E. - U7E11Y.EASEMENT C ! C -CURB ! GUTTER &M. -BENCH NARK D.E - DRAINILCE EASlMENT KATY - CABLE TELEMSIDN RISpt PVMT. -PAVEMENT F.F.. - FIN0IIE1). RDDR. TELE - TElEPNONE RISETt F.B. - FRiD BOON B.i - BULDNlO SETBACN TRANS - TRANTiFORMER PAD M .l i. - YANHOIE C$S - CdlflLETE-BLDCK STRUCTURE. l.P. - UQIT POLE (~ ~ NSi -ACTUAL - ~1~ 9URED NA -NATURAL GRgJNO i+ai ~Ipi.V - CALCULATI~ SQ R - SQUARE FEET REC - RET70VSAED 71F1 ,D TO: KEY REALTY dt DEVELOPMENT SURVEYOR'S CE~AFlCA7f;• THIS IS TO CERIUM THAT THIS SURVEY MEETS THE MDNMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF aRnFCCarwu ei IDV4'~/f1AQ ATTACHMENT E Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance), CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS *** ARTICLE III. BUILDING CONSTRUCTION STANDARDS *** Se~6. Minimum setback reauirements within PUD zoning districts (a) General. Unless otherwise provided elsewhere in the Citv Code or upon a lat of rP~~rd previously approved by the City Commission the principal building setbacks for ~ro~erty zoned~lanned unit developmen~UDl shall be as follows• _____-- ,~ Front Yards. The front yard shall not be less than twenty-five 25 feet in depth. Rear Yards. The rear yard shall not be less than ten (10) feet in depth. ~3,~ Side Yards. The side yard shall not be less than five (51 feet on each side of the dwelling structure; and ~4,~ Corner Yards. On comer lots the front yard set back of twent five 25) feet must be maintained, at a minimum on all sides abutting. ublic rights-of way Notwithstanding the minimum setback reauirements ofthis subsection Zero lot line pro e~rtx ~hal___ 1 be governed by subsection (b) below (b) Zero lot Irne. Unless otherwise provided elsewhere in the City Code or u on a plat of rP~~rd previously approved by the City Commission the,principal building setbacks for zero lot line property zoned planned unit develo ment~PUD) shall be as follows• Front Yards. The front yard shall not be less than twenty-f ve 25) feet in depth. Rear Yards. The rear yard shall not be less than ten~10) feet in depth. Side Yards. The side yard shall not be less than five (5) feet on one side of the dwelling structure; and, Corner Yards. On corner lots the front yard set back of twenty-five~25) feet must be maintained, at a minimum on all sides abutting ublic ri is of way City of Winter Springs Ordinance No. 2004-31 Page 2 of 4 § 20-364 WINTER SPRINGS CODE (4) The adequacy and proximity of public roads, utilities, services, and facilities re- quired to serve the development. The maximum allowed number of dwell- ing units per gross residential acre and maximum height by type of dwelling unit shall be as follows unless specifically waived by the city commission after re- ceiving recommendations from the plan- ning and zoning board: Maximum. Units per Gross Resi- Maximum Type dential Acre Height Single-family 4.5 2 stories detached Patio homes 7.0 2 stories Townhouses 10.0 3 stories Garden apart- 16.0 3 stories ments (c) The applicant shall propose, and the plan- ning and zoning board shall recommend, the maximum allowable floor area ratio for all com- mercial and industrial uses within the PUD to the city commission. The commission may adopt the recommendation or make such changes or amend- ments as it deems proper. (d) The following site development standards shall apply unless waived by the city commission, specifically finding after receiving recommenda- tions from the planning and zoning board, that the unique characteristics of the development in question make unnecessary the application of one (1) or more of these provisions in order to carry out the intent and purpose of the planned unit development district: (1) The natural topography, soils and vegeta- tion shall be preserved and utilized, where possible, through the careful location and design of circulation systems, buildings and structures, parking areas, and open space and recreational areas. Removal of mature trees shall be compensated through the installation of landscaping materials. (2) Landscaping consisting of trees, shrubs, vines, ground covers, and irrigation facil- ities shall be installed in common areas of residential developments and in special areas of commercial and industrial devel- opments. Special attention should be given to parking areas, refuse storage areas, and in building setback and separation areas to achieve proper screening. (3) Common open space and recreational fa- cilities in accordance with the standards of the National Recreation Association shall be provided to serve the residents of the planned unit development. (4) All land shown on the final development plan as common open space, parks, and recreational facilities shall be protected through deed restrictions which shall en- sure the preservation of its intended use, the payment of future taxes, and the maintenance of areas and facilities for a safe; healthy and attractive living envi- ronment. (5) All common open space and recreational facilities shall be specifically included in the phasing plan, and shall be constructed and fully improved by the developer at an equivalent or greater rate than the con- struction ofthe residential structures which they serve. (6) The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent land uses. Lighting, access points, or high noise level activities which adversely affect abutting property shall be prohibited. (7) Building setbacks from the mean high- water level of any lake, stream or body of water, shall be at least fifty (50) feet. Other minimum setbacks, lot sizes, and lot widths shall be proposed by the appli- cant, reviewed by the staff and the plan- ning and zoning board, and approved or modified by the city commission. (8) Central water systems, sewerage sys- tems, stormwater management systems, utility lines and easements shall be pro- vided in accordance with the appropriate sections of chapter 9. 1344 ATTACHMENT F Sec. 20-34. Waivers. .(aL Anyreal properiv owner may file a waivex ap lication reaues,~, tiny a waiver for their real UPOperty from any term and conchtion of this chapter exce t from the list of permitted. conditional and rolubited uses set forth in an zonin district cate o ifthe roe owner clearly demonstrates that the a licable term ox ondition clean creates an illo ical impossible, impractical or patently unreasonable result ,~b~, The board of ad'ustment shall be re uired to review all waiver a lications and make a written recommendation to the ci commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth m this section .~C.~ Upon receipt ofthe board of adiustrnent's recommendation the city commission shall make a final decision on the a lication. If the ci commission determines that the board of adiustment has not made a recommendation om an application within a reasonable eriod of tune. the city commission may at its discretion consider an a lication without the board of adjustment's recommendation .~. Tn addition to the standard set forth in paragraph (al above all waiver recommendations and final decisions shall also com 1 with the followin criteria: ~. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan The proposed development plan will siaiiificantly enhance the real property .(~, The proposed development plan serves the public health safety and welfare The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood .(~ The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible. impractical or ,patently unreasonable result caused b~he applicable term or condition under this cha ter, ,(~ The proposed development plan is compatible with the surrojnding neii?hborhood. Sec. 20-35. Administrative appeals City of Winter Springs Ordinance No. 2004-49 Page 10 of25