HomeMy WebLinkAbout2005 05 23 Public Hearing Item 403 EXEMPTION, Development Greenspointe Subdivision
CITY COMMISSION
AGENDA
ITEM 403
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
May 23, 2005
Meeting
Jff
r MGR. IDEPT
1',-1 Authorization
REQUEST: The Community Development Department recommends the City Commission
hear the request for a waiver from the building setback requirements of Section 6-86 of the
City Code of Ordinances, by way of Subsection 20-354 (d) (7), to allow a builder to construct 8
homes, consistent with the existing development in the Greenspointe 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 section 6-86 of the City Code of Ordinances to allow a
builder to complete 8 lots of the Greenspointe subdivision, within The Highlands PUD,
consistent with the existing principal building setbacks in that subdivision. The waiver request
affects lots 1, 8, 13,67, 72, 82, 101, and 102, none of which has a dwelling on it.
APPLICABLE CODE:
Sec. 6-86. Minimum setback requirements within PUD zoning districts.
Sec. 2-354. Site Development Standards [for PUDs].
CHRONOLOGY:
July 12,2004 - City Commission adopts Ordinance No. 2004-31, establishing minimum
building setbacks within PUDs.
March 16,2005 - City receives application package from Julian Demorra.
April 7, 2005 - BOA recommends the waiver be approved.
April 18, 2005 - P&Z recommends the waiver be approved.
May 9,2005 - City Commission deferred a decision on the item to May 23,2005
May 23, 2005
Public Hearing Item 403
Page 2
FINDINGS:
1) The Greenspointe 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 un-built 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 a 5 foot front yard setback (about 13 feet from the curb) on
one side and approximately 2.43 feet on the south side (for about 5 feet near the rear
of the house).
4) There are no building setbacks depicted on the Greenspointe final subdivision plat,
recorded in Plat Book 29, Pages 24-26, December 15, 1983.
5) The Greenspointe Homeowners' Association hierarchy has investigated the
locations of various homes on the lots and has stated that it believes the applicant's
request is consistent with the existing development within Greenspointe - and
therefore supports the applicant's request.
6) The applicant has provided a list of signatures of persons purported to live near lots
101 and 102 who state their support for the waiver request.
7) Residents voiced concern about drainage at both the BOA and P&Z meetings; past
Highlands HOA President Helga Schwarz voiced concern that the request had not
been presented to the Highlands HOA; and one e-mail was received from Andrew
Koberlein (643 Nighthawk Circle), stating that he opposes ".. . any changes that do
not promote a minimum clearance of 10 feet between structures..."
8) Records of 11 homes built within the last 15 years have been examined for the
existing building setbacks. The results are provided in the attachment "J". Single
family residential building plans must be kept by the local government for 15 years,
after which they are destroyed.
9) 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.
10) Staff believes that given the size of the lots, the existing development with no
specified primary building setbacks, and only 8 remaining vacant lots, that the
primary building setbacks set forth in Section 6-86 of the City Code for zero lot line
development within a planned unit development would create an illogical,
impractical, and/or patently unreasonable result.
11) Staff believes that the proposed development plan supported by staff(10' front and
rear setbacks, 3' side setbacks, except for as little as 2.43' for about 5' on the south
side of Lot 102) is in substantial compliance with Chapter 20 of the City Code and
with the Comprehensive Plan.
12) Staff believes that the proposed development plan supported by staff will
significantly enhance the real property.
13) Staff believes that the proposed development plan supported by staff serves the
public health, safety, and welfare.
May 23,2005
Public Hearing Item 403
Page 3
14)
16)
Staff believes that the proposed development plan supported by staffwill not
diminish property values in or alter the essential character of the surrounding
neighborhood.
Staff believes that the proposed development plan supported by staff is the
minimum waiver that will eliminate or reduce the illogical, impractical, or patently
unreasonable result caused by the application of Section 6-86 by way of Subsection
20-354 (d) (7).
Staff believes that the proposed development plan supported by staff is compatible
with the surrounding neighborhood, as evidenced by the support of the
Greeenspointe Homeowners' Association.
15)
BOA RECOMMENDATION: At its regularly scheduled meeting of April 7, 2005, the
Board of Adjustment voted to recommend the waiver be approved to allow 10 foot front and
rear building setbacks and 3 foot side building setbacks, with as little as 2.43 feet for an
approximately 5 foot long section toward the rear of the south side of the house to be built on
lot 102.
P& Z RECOMMENDATION: At a special April 18, 2005, Planning and Zoning Board
meeting, the Planning and Zoning Board recommended the waiver be approved to allow 10
foot front and rear building setbacks and 3 foot side building setbacks, with as little as 2.43 feet
for an approximately 5 foot long section toward the rear of the south side of the house to be
built on lot 102.
RECOMMENDATION: The BOA, P&Z, and staff recommend approval of the waiver to
allow a 10 foot front and rear yard building setback, a 3 foot side building setback on each side
of the building, with as little as 2.43 feet for an approximately 5 foot long portion of the south
side (toward the rear of the house) for lot 102. The waiver request applies to lots 1, 8, 13, 67,
72, 82, 101, and 102.
ATTACHMENTS:
A - Location Map
B - Application
C - Construction plans for Hawks Landing (now Greenspointe)
D - Other correspondence
E - Proposed Plot Plan for lot 102
F - Section 6-86 & Subsection 20-354 (d) (7)
G - Waiver criteria
H - Draft BOA Minutes
I - P &Z Minutes
J - Greenspointe Setbacks Table
CITY COMMISSION ACTION:
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ATTACHMENT B U~)~l--~s
CITY OF WINTER SPRINGS
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COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434 REC
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
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M 't;';~' b',,~<'lf 1.,
CITY OF WH~ITR Spr,INGS
PerTmttlng - Dagmane
BOARD OF ADJUSTMENT APPLICATION
lID WAIVER
o VARIANCE
o CONDITIONAL USE I SPECIAL EXCEPTION
o APPEAL OF AN ADMINISTRATIVE DECISION
APPLICANT: JULIAN DEMORRA
Middle
KEY REALTY DEVELOPMENT
First
MAILING ADDRESS: 2845 ENTERPRISE ROAD
DEBARY, FLRODIA 32718
City
PHONE: (407) 538-1465
State
Zip Code
If Applicant does NOT own the property:
PROPERTY OWNER: DEMORRA
Last
JULIAN
First
Middle
PHONE:
MAILING ADDRESS: SAME AS ABOVE
City
Zip Code
State
This request is for the property described below:
PROPERTY ADDRESS: 633 & 635 NIGHTHAWK CIRCLE, WINTER SPRINGS 32708- LOT # 101,
lot 102 and 6 additional lots see ~ached. ().. . r:J
TAX PARCEL NUMBER: V/Jtf/~~ ~ t2zr~ ~r~
SIZE OF PARCEL:
tJ?tA'/ tv, 'P4n,.eeC- OI""'?~A'O"/~
Acres
Current FUTURE LAND USE Classification: MEDIUM DENSITY RESIDENTIAL
Current ZONING Classification: PUD
Please state YOUR REQUEST: Greenspointe Sub-Division was approved m~~._tIDe~185** "ISC
restriction showed zero lot lines. I have built many homes on the lots I owne~[~Gli RECEIPTS
completing the last few lots I have. Your PUD ordinance creates a hardship aJH1lI1akd'iitimpossi~I'ifSI6!!S 16:89
. Payent: $588. VII
Receip.t It. : 889295
ChecklCredit Card It: 7672 .
Clerk : ddubolS
Paid By : KEY REALTY & DEVELO
p
April 30, 2004
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:
o What is the Waiver you are requesting? Exception from the recently enacted PUD
ordinance related to set backs for zero lot lines
o 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 aranted riahts to build over 20 years aao 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 Hiahlands sub-division of which Greenspointe pertains to.
o 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. I
am sure the neiahbors would be happy to see a home rather than en empty lot next to them. It
sure increases propertv values for all
o Will the proposed development plan serve the public health, safety, and
welfare of the City of Winter Springs?
It meets the requirements.
" '
o Will the )Naiver 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.
o 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.
5
January 26, 2005
o 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 alian beautifully. Chanaina the chararcted
to meet the PUD set back not only chanaes the current look of the community but creates a
hardship since all of my plans are the same. the lots are small and narrow.
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January 26, 2005
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ATTACHMENTD
9rw
April 6, 2005
ReceIVED
APR 0 7
Board of Adjustment, , City of Winter Springs,
City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708
CITY OF WIN! ,"i'( Sr'f<INGS
Current Plannlll[j
AND
Re: Waiver on proposed
construction of new homes
on the remaining eight undeveloped
lots in Greenspointe, Winter Springs
Commissioners, City of Winter Springs,
City Hall, 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 a.nd review).
The members of the Greenspointe Architectural Control Committee met on April 2,
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 six (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 proposed 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.
Sections 12 through 17 of tbe GREENSPOINTE HOMEOWNERS ASSOCIATION, Inc., DECLARATION OF
COVENANTS, RESTRICTIONS andAGREEMENT OF MAINTENANCE
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 COMMITTEE.
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 llighlands Homeowners Association Architectural Review Board is also
required.
15. TIME 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 shall 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.
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 oflot 102.)
Following review of the revised plot plan dated April 5, 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 defmed 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:
~r.2&-
Enclosure: Sections 12 through 17 of Greenspointe's DECLARATION OF
COVENANTS. RESTRICTIONS AND AGREEMENT OF
MAINTENANCE
Copy: Architectural Review Board, Highlands Homeowners Association
. .... _0 build houses on the 8 lots in keeping with the character of the
will ~ave a minimum 3' side set-back, a minimum 10' front set-back &
..Urn 10' ijack set-back.
hTE-one propbrty, lot# 102 has it's front on an extreme curve--- Therefore it will have
'circular drivew'ay, 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'
(approxitn~tely 3:7' 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
oflot# 102)
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Page 1 of 1
John Baker
From:
Sent:
To:
Andrew Koberlein [kobera@iag.net]
Monday, April 18, 20056:35 PM
John Baker
Subject: In reference to hearing Julian Demorra Code Waiver Request.
I oppose any changes that do not promote a minimum clearance of 10Ft between structures going forward.
Andrew Kober1ein 407-741-9109
643 NightHawk Circle
Winter Springs FI. 32708
4/18/2005
CITY OF WINTER SPRINGS, FLORIDA
. 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Oept.
Planning Division
April 22, 2005
RE: Public Hearing - Julian Demorra Code Waiver Request
Dear Property Owner:
-
The city of Winter Springs invites you toartend a public hearing to discuss a code waiver
request by Julian Demorra to construct 8 homes within the Greenspoint subdivision (part
of the Highlands Planned Unit Development). The homes are proposed on the following
lots: 1, 8, 13,67, 72, 82, 101, and 102. A code revision changed the applicable building
setbacks within the subdivision in July of 2004. The applicant states that building the
remaining 8 homes with the new setbacks would be inconsistent with the existing
development within Greeenspoint.
The City Commission public hearing has been rescheduled to 6:30 p.m. on May 9,
2005, at the Winter Springs City Hall, located at 1126 E. State Road 434.
If you should require additional information prior to the meetings, do not hesitate to reach
me at 407-327-5966.
Sincerely,
~, '
(/t:2 ~~
;;;o~ Baker, AICP
Senior Planner
.,.
ATTACHMENT E
II PLOT PLAN"
"RFAL PKtJPFH7'Y" DFSCRlP1lON"
LOT 102; GREENSPOINTE, ACCORDING' TO' THE PLAT THEREOF AS RECORDED: IN PLAT aool< 29;
PAGES 24 lHROUGIt 27 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA.
NOT A BOUNDARY SVRVEY
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SURVE:YOR'$' NO-TES:
1.. NOT VAUD. WITHOUT THE SIGN....TURE AND. ORIGINAL RAISED
SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER.
2; lliE .REAL PROPER:rf. DESCRIPnoN!' SHOWN HEREON- IS IN- ACCORDANCE
WlH lHE DESCRIPlION PROW>ED BY lHE CUENT.
3. NO UNDERGROUND.I"PROvaEN~, OR- VISIBlE INSTALLATIONS HAVE BEEN.
LOCATED Ol'HER lHAN SHOVttl.
4. BEARINGS. ARE BASED. ON. lliE NORlH. UNE OF SAID. LOr 99. ASSUMED. AS.
BEING N. 85''''2'W E. PER PLAT.
5.. HAVING. CONSULTED- lHE. NAlIONAL FLOO!l. INSURAN~ P1iMIUU J:lQU
CERnFIED TO:
KEY REALTY /Ie DEVELOPMENT
SURVEYOR'S CERT/FlCA TE:
Tf/IS IS 10 CER11FY mAT mlS SURVEY "'EElS mE IoIlNIMlJaI lECHHICAI. STANDARDS
AS SET FORlH BV lHE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
ATTACHMENT F
~ 6-85
WINTER SPRINGS CODE
enclosures shall be supplied with all plans show-
ing that same comply with wind load and live load
requirements of the building code of the city.
(c) Setbacks. The screen enclosure shall meet
all code requirements for front and side yard
setbacks which are applicable to the subject prop-
erty. Notwithstanding any other applicable rear
setback requirement, the screen enclosure shall
not be located any closer than seven (7) feet from
the rear property line of the subject property. On
lakefront property, no screen enclosure shall be
located any closer than twenty-five (25) feet from
the shoreline, as determined by the existing or
established high-water control level.
(d) Height. The screen enclosure shall not be
higher than the primary structure on the subject
property, except when the principal structure
exceeds twelve (12) feet. In which case, the screen
enclosure shall be set back an additional two (2)
feet from the minimum setback requirements
contained in subsection (c) for every additional
foot above twelve feet.
(e) Easements. Screen enclosures shall not be
constructed within an easement area, unless the
easement expressly allows said construction.
(0 Screen enclosure modifications. If any por-
tion of an existing screen enclosure is modified so
that it no longer satisfies the definition in subsec-
tion (a), the modified screen enclosure shall meet
all building setback and height requirements that
are applicable to principal and accessory build-
ings for the subject property.
(Ord. No. 2002-31, ~ 3, 10-28-02)
Sec. 6-86. Minimum setback requirements
within PUD zoning districts.
(a) General. Unless otherwise provided else-
where in the City Code or upon a plat of record
previously approved by the city commission, the
principal building setbacks for property zoned
planned unit development (pun) shall be as
follows:
(1) Front yards. The front yard shall not be
less than twenty-five (25) feet in depth;
(2) Rear yards. The rear yard shall not be less
than ten (10) feet in depth;
Supp. No.6
(3) Side yards. The side yard shall not be less
than five (5) feet on each side of the
dwelling structure; and
(4) 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 public rights-of-way.
Notwithstanding the minimum setback require-
ments of this subsection, zero lot line property
shall be governed by subsection (b) below.
(b) Zero lot line. Unless otherwise provided
elsewhere in the City Code or upon a plat of
record previously approved by the city commis-
sion, the principal building setbacks for zero lot
line property zoned planned unit development
(pun) shall be as follows:
(1) Front yards. The front yard shall not be
less than twenty-five (25) feet in depth;
I
(2) Rear yards. The rear yard shall not be less
than ten h 0) feet in depth;
~
(3) Side yards. The side yard shall not be less
than five (5) feet on one (1) side of the
dwelling structure; and
(4) 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 public rights-of-way.
(c) Conflicts. In the event of any conflict be-
tween the requirements of this section and any
declarations of covenants and restrictions govern-
ing site conditions of a pun development within
the city, the more restrictive shall apply. In the
event of any conflict between the requirements of
this section and any recorded development agree-
ment approved by the city commission or court
approved settlement agreement governing site
conditions of a PUD development within the city,
the conflicting provision in the development agree-
ment or court approved settlement agreement
shall prevail.
(d) New PUD developments. Nothing con-
tained in this section shall be construed as limit-
ing the city commission's authority to impose
setback requirements greater than the minimum
378.2
~ 20-354
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:
Type
Single-family
detached
Patio homes
Townhouses
Garden apart-
ments
Maximum
Units per
Gross Resi-
dential Acre
Maximum
Height
2 stories
4.5
7.0
10.0
16.0
2 stories
3 stories
3 stories
(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 oflandscaping 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 of the 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-
nin~ 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 G
~ 20-33
WINTER SPRINGS CODE
lution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood
hazards.
(5) Whether the proposed use will have an
adverse impact on historic, scenic, and
cultural resources, including views and
vistas, and loss or degradation of cultural
and historic resources.
(6) Whether the proposed use will have an
adverse impact on public services, includ-
ing water, sewer, surface water manage-
ment, police, fire, parks and recreation,
streets, public transportation, marina and
waterways, and bicycle and pedestrian
facilities.
(7) Whether the proposed use will have an
adverse impact on housing and social con-
ditions, including variety of housing unit
types and prices, and neighborhood qual-
ity.
(Ord. No. 2004-49, ~ 2, 12-13-04)
Sec. 20-34. Waivers.
(a) 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, condi-
tional and prohibited uses set forth in any zoning
district category) if the property owner clearly
demonstrates that the applicable term or condi-
tion clearly creates an illogical, impossible, im-
practical, or patently unreasonable result.
(b) The board of adjustment 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 crite-
ria set forth in this section.
(c) Upon receipt of the board of adjustment's
recommendation, the city commission shall make
a final decision on the application. If the city
commission determines that the board of adjust-
ment has not made a recommendation on an
application within a reasonable period of time,
Supp. No.6
the city commission may, at its discretion, con-
sider an application without the board of
adjustment's recommendation.
(d) In addition to the standard set forth in
paragraph (a) above, all waiver recommendations
and final decisions shall also comply with the
following criteria:
(1) The proposed development plan is in sub-
stantial compliance with this chapter and
in compliance with the comprehensive
plan.
(2) The proposed development plan will sig-
nificantly 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,
impossible, impractical, or patently unrea-
sonable result caused by the applicable
term or condition under this chapter.
(6) The proposed development plan is com-
patible with the surrounding neighbor-
hood.
(Ord. No. 2004-49, ~ 2, 12-13-04)
Sec. 20-35. Administrative appeals.
(a) Any final administrative decision regard-
ing the enforcement or interpretation ofthis chap-
ter, where it is alleged there is an error by an
administrative official, can be appealed as set
forth in this section.
(b) Appeals shall be taken within thirty (30)
days after such administrative decision is made
by filing a written notice of appeal with the city
manager stating the name of the decision maker,
date of the decision, applicable code provisions
and the specific grounds for appeal. Upon receipt
of the notice of appeal, the city manager shall
schedule the appeal before the board of adjust-
ment and transmit all documents, plans, papers
or other materials constituting the record upon
which the action appealed from was taken.
1320
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.
.
ATTACHMENT H
CITY OF WINTER SPRlNGS, ORIDA
. MJNUTES
BOARD OF ADJUST
REGULAR MEBTlN
APRIL 7,2005
tZ
DRAfl
CALL TO ORDER
The Board of Adjustment Regular Meeting ofThursda ) April 7,2005 was called to order
at 7:03 p.m. by Chairman Thomas Waters in the Co ission Chambers of the Municipal
Building (City Hall, 1126 East State Ro~ 434, Winter p~s, Florida 32708).
Roll Call:
Chairman Thomas Waters, present
Vice Chainnan Jack TayloT~ present
Board Member Linda Collins, present
Board Member Kathryn Fairchild, absent
Board Member Howard Casman, present
Board Member Linda Collins led the Pledge of AUegi
Chairman Waters acknowledged City Commissioner ally McGinnis in attendance and
Mr. John, Baker, AlCP, Senior Planner, Community D elopment Department introduced
Mr. Randy Stevenson, the City's new Community Dev lopment Department Director.
PUBLIC INPUT
None.
CONSENT AGENDA
CONSENT
200. Office OrThe City Clerk
Ap roval Of The Marcb 3, 2005 Re ular Meeting
"I MAKE A MOTION THAT WE APPROVE T E MINUTES." MOTION BY
VICE CHAI.RMAN TAYLOR. SECONDED BY OARD MEMBER COLLINS.
DISCUSSION.
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em OF WINTER SPRINGS. FLORIO^
MlN11TES
BOAll) OF ADJUSTMENT 1&
REGULAR MEE'TlNa - ....PR"lL 7,2005
P^OE:z OF6 "
VOTE:
BO,ARD MEMBER CABMAN: AYE
CHAIRMANWATERS; AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
DRAFT
PUBLIC HEARINGS AGENDA
FUBLIC HEARINGS
400. Community Developmellt Departl!1ent
Recommends Tbe BOA (Board or Adjustment) He The Request For A Waiver
From Sec:dOD 6-86. Of The City Code OC Ordinall es, To Allow A Builder To
Construct 8 (EIght) Homes, Consistent With The xi.dng Development In The
Greeaspoint Subdivision, With The Hi hlands PUD ( lannedUbtt DevelopmeDt).
Mr. lohn Baker introduced this Agenda Item and presen ed pictures of the Greenspointe
Subdivision and said, "We support the ten foot (10) front and rearsetbacks.~
Next, Mr. Baker stated, "I do want to point out that b ed on the Code Section that I
provided you tonight, our Attorney (Anthony A. Garg ese] has informed me - to take
this case to the Planning and Zoning Board) that will e on the 1 gth (April 2005] - a
Special Meeting - before we take it to the City Co ssion. But, we do recommend
approval with that one difference."
Discussion:.
Mr. Allen Epstein, 22 Spring Ridge Drive, Debary, PI rlda: spoke on behalf of the
Applicant, Mr. Julian Demorra.
Discussion.
Chairman Waters opened lhe . 'Public Input" portion of ~is Agenda Irem.
-
Mr. Gary Diller, 609 Nighrhawk Cire/e, Winter Springs. Florida: as the President of the
Greenspointe Homeowner's Association and Memb I of the Architectural Control
Committee, Mr. Diller spoke about the written propos and noted being in favor of the
"Request".
Ct"'H.1 T 'lJ...JC: :.J:l1 f. 1M ..In .l- I 1-1
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em OF W1NTt:lR SPRlNOS. FLORIDA
MINUTES
BOARD OF ADJUSTMENT
UVULAR MBE'T'tNG - APl'UL 7.1005
PAGE 3 OF (j
_Mr. JameJ Charles, 634 Nighthawk Circle. Wi1lrer: Springs, Florida: as the Vice ~
President of Greenspointe Homeowper's Association d Member of the Architectural CY'
Control. Committee, Mr. Charles spoke. in favor of th "Waiver Request". Mr~lMes^ .FT
read a letter from the Greenspointe Homeowner's As ociation dated April 6, t!JI(Jf-'
copy was handed out to the Board Members. .
Mr. Ron Crowe, 504 Spoonbill Court, Wihter Springs, lorida: spoke of serious drainage
problems and was opposed to this <(Request",
Ms, Catherine Graham, 667 Nighlh(1Wk Circle, Winre Springs, Florida: addressed the
Board on drainage problems and noted she was oppose
Tape lISide B
Further discussion,
Ms, Helga Schwarz, 720 Galloway COJlrr. Wr'nrer Spri gs, Florida: as the President of
the Highland's Homeowner's Association, Ms. Schw spoke about plans that were not
submitted to the Architectural Review Board.
Mr. Michael Sprouse, 623 Anhing(J Road, Winter SpYin s, F/ot'ida: suggested building a
two (2) story house; and spoke about cleaning out the d tches to avoid drainage problems;
and commented on emergency vehicles getting through he streets,
ClJairman Waters closed the "Public Input" ponion of hiJ Agenda Item.
Discussion.
Mr. Baker said, "We followed the provisions of th Code for posting the Site and
notifying people within one hundred and fifty feet (150' . I did notify Greenspointe HOA
(Homeowner's Association). I - did not think to notify the Highlands HOA
(Homeowner's AssoCiation)."
With further discussion., Mr. Epstein- said, "You have developments in Winter Springs
that will not meet these new PUD (planned Unit De elopment) requirements and they
will continue to build because they have a Developer's greement and the houses will be
six. feet (6') apart or seven feet (7') apart because y changes after they got that
Agreement won't apply to them." Mr. Epstein ad , "So, we came openly for a
4WaiVet"' under this new I\l1e to build as we would in th past."
A list ofeignatures was handed out to the Board Memb rs in favor of Lots 101 and 102,
Discussion.
C"'r.:\'..J
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'-tt:.Jr -">':::'"1 ;:)(,.;)J.
t""'.\::l"l
CITY OF wtNTElt SPJUNGS, fLOl\ID"
MiNUTBS
BOAAD OF ^DJlISTMtNT
R!GUl..AR. MEETI'I'JO - "PlUL 7, lOOS
PACiE4~O('
Mr. Julian Demorra, . 660 Nighrhawk Circle, Wimer .prings, FTon'da: the ~. ,
addressed the Board Memben regarding his "Waiver" a plication. UK
ripe 2/Sicle A
Further discussion.
Mr. Epstein said. "It was only this one (1) lot that create the odd problem. Otherwise, if
you look at his [Mr. Baker) recommendation, I mpliment him. It was very
professionally done. Seven out of eight lots they have no problem with under the new
PUD [Plaxmed Unit Development] Ordinance,"
HI MAKE A MOTION TO APPROVE THE W VER REQUEST FOR THE
mREE FOOT (3') SIDE AND TEN FOOT (10') ONT AND REAR SETBACK
REQUESTS ON THE REFERENCED EIGHT ( ) LOTS. IN ADDITION. I
AMEND THIS MOTION TO DENY THE FRON YARD WAIVER REQUEST
ON LOT 102 ENCROACHED ON THE PRO RTY," MOTION BY VICE
CHAIRMAN TAYLOR. MR BAKER ASKED. 'DOES THAT MEAN THAT
YOU WANT (LOT] 102 TO MEET THE TWENT F1VE FOOT (25') OR THE
TEN FOOT (10') AS OPPOSED TO THE OT ERS?" VICE CHAIRMAN
TAYLOR SAID, "TEN FOOT (10') ON THE EIG (8) LOTS - EIGHT (8) LOTS
TOTAL IUGHT, SO THAT INCLUDES {LOT] 102?" MR.. BAKER SAID,
"...YES. BUT DO YOU ALL AGREE WITH - F R A FOUR (4) OR FIVE (5)
FOOT SECTION OF THE SIDE OF (LOT] 102 ING DOWN TO 2.43 FEET?"
VICE CHAIRMAN TAYLOR SAID, "I HAVE N PROBLEM WITH THAT."
SECONDED BY BOARD MEMBER CASMAN. DI CUSS ION.
VOTE:
VICECH~RMANTAYLOR: AYE
BOAlU> MEMBER COLLINS~ AYE
BOARD MEMBER CASMAN: AYE
CHAIRMAN WATERS: NAY
MOTION CARRIED.
Chairman Waters asked, "Does this go to the 'P and Z (Planning And Zoning] Board?"
Mr. Balcer said, "TIus and the next case will both go 0 the April 18th [2005] Planning
And Zoning Board and I'm shooting for the April 25th [ 005] City Commission and I will
be sending out letters to the abutters ifthere is a change hen it goes to Commission."
Chairman Waters called a recess at 8:50 p.m.
The Meeting wa, called bade to order at 8:18 p.m,
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P.05
eTTY O'P~R SP~GS, Fl..oRlOA
MINU'f!:,S
BOAlU> OF AJ>JtISTMENT
R.EGUI...A~ MEET!NCi - APRIL 1, 1005
PAGE 5 or: 6 ~
rtIBLlC H!A1UNGS LV
401. Community Development Department
Recommends The BOA (Board or Adjustment) He The Request For [\OvA FT
From Section 6-86. Orne City Code OfOrdinallces, To Allow An AddiJ;t:110
E::r:istingResidence At 688 S.ranac Drive, Tuscawilla nit 14A, Lot 104.
Mr. Baker introduced this Agenda Item.
Mr. Baker said. "We [Staff] recommend approval." Mr. Baker added, 'The Applicant is
here, They have a letter - that they just gave me to pass t, that I would like to enter iDto
the (Record' it is from one of me abutters stating they ha e absolutely no obj~tioDS to the
'Waiver Request' and I would like to provide that to the hairman and to the City Clerk's
Office."
Chairman Water3 opened the "Pubflc Input" portion oft is.Agenda Ire",.
Mr. Steve Gruse, 688 Saranac Drive, Winter Springs, Florida: addressed the Board
regarding building an addition to his home.
Chainnan Waters closed "the "Public Inpu.t" portion ofl is Agenda Item.
Discussion.
"1 MAKE A MOTION WE APPROVE THE SETB K 'WAIVER' REQUEST AT
TillS TIME." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY
BOARD MEMBER CASMAN. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS~ AYE
BOARD MEMBER CASMAN~ AYE
CHAIRMANWATERS: AYE
VICECHAlRMANTAYLOR~ AYE
MOTION CARRIED.
Discussion.
600. REPORTS
No Reports.
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CITY OF WINn~ S'fIUNOS. Ft.01lJt)^
t-iINUTSS
IOARD or AJ)J1)STMtNT
REGUUIl. MEETTNQ - ""JUt i. 2005
P^VE 6 0116
FUTURE AGENDA ITEMS
DRdf
None.
ADJOURNl\fENT
"( MAKE A MOTION TO ADJOURN." MO ION BY VICE CHAIRMAN
TAYLOR. stCONJ>ED BY BOARD MEMBE . COLLINS. DISCUSSION.
WITH CONSENSUS OF THE BOARD TIlE MOT ON WAS APPROVED.
MOTIQN CARRIED.
Chairman Waters adjolII11ed the Meeting at approximat ly 9: 13 p.m.
RESPECTFULLY SUBMlITED BY:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
THOMAS WATERS, CHAIRMAN
BOARD OF ADJUSTMENT
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ATTACHMENT I
~~
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETlNG
APRIL 18, 2005
CALL TO ORDER
....,--....
The Planning and Zoning BoardILocal Planning Agency Special Meeting of Monday,
April 18, 2005, was called to order at 7:00 p.m. by Chairman William Poe in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call=
Chairtnan William Poe, present
Vice Chairperson Rosanne Karr. present
Board Member Tom Brown, present
Board Member Linda Tillis) present
Board Member Ned Vosta, present
Board Member Ned Voska led the Pledge of Allegiance.
PUBLIC INPUT
None.
PUBLIC BEAJUNGS AGENDA
ruauc HEAlU~CS
400. CommuDity Developmeat Department
Recommends The Plau.oiJlg And ~niag Board Hear The Request For A Waiver
FroDl Sections 20..354, (7) ADd 6-86. Of The City Code or OrdiOBaces, To Allow An
Addition To An EXiJtibg Residence At 688 Saraaac Drive, Toscawilla Unit 14A, Lot
104.
Mr. John Baker. AlCP, Senior Planner) Community Development Department introduced
this Agenda Item.
Mr. Baker stated, "We feel that it does meet the six (6) Criteria set forth for the Board of
Adjustment to look at, but because the way the Code is written. we also need to come to
you for your recommendation because of the provisions in Section 20-354. Paragraph (7),
that I provided in your packet."
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CITY OP Wl}./TBR SPRINGS. f'lORI.DA
DRAFT UNAPPRovED MlNurES
PL~NING AND Z.ONlNC .O....A>>/LOCAL PL^NN1NG AC8NC)'
SPBCIAL MBBTtNG - APRIL l8. 2005
PAOE 2 OF 9
Chairman Poe opened the "Public Input" portron ofthrs Agenda Item.
Mr. Steve Gruse. 688 Saranac Drive, Winter Springs. Florida:
himself as the owner of the property fOf CoW" (4) years this June.
No one spoke.
Chainnan Poe closed the "Public Input" portion of this Agenda Item.
"I MAKE A MOTION TIlA T WE RECOMMEND TO THE CITY COMMISSION
APPROVAL OF THE SETBACK 'W AlVER' REQUEST AS IT MEETS mE SIX
(6) CRITERIA AND THAT'S BASED ON THE FINDINGS AS SUBMITTED."
MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE
CHAIRPERSON K.ARR.. DISCUSSION.
VOTE:
BOARD MEMBER VOSKA: AYE
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
VICE CHAIRPERSON KARR: AYE
MOTION CARRIED.
fUBue HEAJUNGS
401. Community Development DepartmeDt
RecornmeDds The PbllDlDg A.ad ZODing (P&Z) Board Belir The ~eqDe5t For A
WJliver From Sectioos 2()"354. (7) Aad 6-86. or The City Code Of Ordinances, To
Allow A Builder To COD.truct 8 (Eight) Homes. ConsisteDt With The Existiog
Developmeat In The GreeDspolbt Subdivision, Within The Highlands PUD (PI.nned
Uait Development).
Mr. Baker discussed this Agenda Item and distributed an ernail received and dated on
April 18, 2005. Mr. Baker said, "That was an email from a concerned citizen that we
received late this evening just before the Meeting. I did want to make sure it got in the
· Record) ."
Mr. Baker stated. "They [Applicant) want to have a. three fool (3') minimum side setback
and a ten foot (10') front and rear setback with the exception of Lot 102. They are asking
for about a four [feet) (4') to five foot (5') section of the building to be located as close as
2.43 feet from the side yard and they are asking for the front yard to be five feet (5').
Staff supports the 2.43 feet because of the location of the other homes nearby, but the
side yard for that four [foot] (4') to five foot (5') section. we do not support the five foot
(5') in the front. We support a ten foot (10') front and rear setback."
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CITY OF WI'Nl'EI\ SPRINGS, FLORIDA
DRAf1' UNAl'PROV60 MINUTeS
PLAI'<lr(INC AN)) tONING JOAllD/LOCAL rUNNING AGI:NCY
SPEC1^l MEETING - APIUL 18,200'
PAGE) Of 9
Discussion.
A slide show presentation was shown,
Mr. Julian Demorra, : as the Builder and
Resident of Greenspointe Subdivigion, Mr. Demorra said, leDue to the Criteria of this lot,
we are fighting to save some major size Oak trees on the comer of the lot - the maio
concern with the roadway ~ was the driveway," Mr. Demorra said, "I had my Surveyor
put a driveway in lbere that was eighteen by thiny [feet] (18' x 30'):' Chainnan Poe
asked, uWhich Lot is that on?U Mr. Demorra said, "That is on Lot 102. That's the one
that we only have the problem with - getting the last house on there."
Furthermore, Mr. Demorra said, "I did have a lot of runoff from the adjacent houses."
Mr. Demorra said, "Ms. Perez (Stonn Water Utility Manager, Public Works Department]
- Lot - 101. there will be a drainage system to put in there to help accommodate for the
drainage, water even though it's not aU from my home. It's also from some of the::
existing homes that are built there that have guttering. shooting water right down towards
our property," Board Member Tom Brown said) "How about your storm water?" Mr.
Demorra said, "There are catch basins there." Board Member Brown asked., "Are you
going to do something about that with the storm water?" Mr. Demorr8 said, HMy lot is
from the back comer of the buildings - elevated up high enough that where they sheet
drain to the front curb and the waler goes into the catch basins."
Discussion.
Mr. Baker said, "Staff does not support the five feet (5') in the front."
Chairman Poe opened the ''Public Input" portion of thlS Agenda Item.,
Mr. William Vanlue, 509 Spoonbill Court, Winter Sprillgs, Flot"ida: briefly addressed
the Board Members and is opposed to this "Waiver" Request.
Ms. Catherills Graham, 667 Nighthawk Circle, Winter Sprillgs. Florida: spoke about the
drainsge in her yard and is opposed to this 'Waiver' Request.
Discussion.
Ms. Helga Schwartz, 720 Galloway Cou.rt, Winter Springs, Florida: as the Vice
President of the Higbland.s Homeowner's Association, Ms. Schwarz spoke about plans
that were not submitted to the Architectural Review Board. Ms. Schwan stated, "r just
want to make this Board [Planning And Zoning Board/Local Planning Agency) aware
that the Applicant has not approached the Highland's Homeowner's Association and we
wanted to put that on 'Record' because we do have - ability to review Mr. Demorra's
plans and determine location."
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CITV OF WINTER. SPIUNGS. j:LORIOA
OJUFT UNAP'PRO"I!O MINUTES
rLANNIJIIG AND ZONlNC 80AJlOIl.OCAL PLANNING ACENCV
SPEClAL t.IlEETIN'C - AP~lI.. I H. 1(ll),S
I'ACF. $ OF 9
"I'D LIKE TO MAKE A MOTION THA TWE RECOMMEND THE APPROY AL
OF THE TEN ll'OOT (10') FRONT AND THE REAR BUIL.DING SETBACK AT
THREE FEET (3'). AT 2.43 (FOOT) APPROXIMATELY FOUR (4') TO RVE
FEET (5') SEGMENT ON THE BUILDING LOT OF 102, AND THIS IS IN
CONJUNCT'ON WITH THE 'FINDINGS' FOUND BY THE CITY IN ADDITION
TO . (PARAGRAPH) NUMBER SEVEN (7) WIDeR WOULD BE THE
HIGHLAND'S HOMEOWNER'S ASSOCIATION REVIEW OF THE
APPLICANT'S REQUEST FOR ALL ADDITIONAL CONDITIONS.>> MOTION
BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER VOSKA.
DISCUSSION.
VOTE:
BOARD MEMBER BROWN~ AYE
VICE CHAIRPERSON KARR.: NAY
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: NAY
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
PUBLlC HEARINGS
402. Community Developrneut Department - PlaDDmg Division
ADD-ON
Request! The PlaB.lng And Zoning BoardILocal PlanniDg Agency Hold A Public
Hearing Related To Ordln8Dce 2005-13 Wbicb Revises The "1-1 Light Industrial"
Zoning District). List OfCo.ditional Uses To Add "AQtomobUe Major Servic:c And
Major Repair EatJlblisbmeDu (lnc:ludibg Body Repairs And Paintlbg)."
Mr. Randy Stevenson, AICP, Director, CommWlity Development Department presented
this Agenda Item and displayed the Map of the "1-}" District within the City [of Win.ter
Springs].
Mr. Stevenson said. "Staff, therefore re~mmends that the Planning And Zoning
Board/Local Planning Agency hold a Public Hearing related to Ordinance 2005-13, and
make a recommendation of approval to the City Commission regarding amending the
language of the '1-1 Light Industrial Zoning District' to alJow 'Automotive Major
Service and Major Repair Establishment (Including Body Repairs and Painting)' as a
'Conditional Use' within the "Light Industria.1' (I-I) District, subject to certain conditions.
Staff at this point, is of the opinion that one of those conditions would be that all paint
and body repair take place within a completely enclosed building,"
Discussion.
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CITY or WINUR SPRINGS. FLORIDA
DRAfT VNAPPR.OVED MINUTES
PLANNING AND ZONING aoAkDILOCAL "LANNING ~CE~(:~
SPBCIAI. Mef,l"lNG - AT'RJL 18. 200S
PAGE60F9
Chairman Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairm.an Poe closed the "Public Input" portion of th is Agenda Item.
"I MAKE A MOTION THAT WE FORWARD IT TO THE CITY COMMISSlON.
2005-14 (13) TO CHANGE OVER FROM LIGHT INDUSTRIAL FROM THE
CONDITIONAL USE FOR T8E AUTOMOTIVE AND P AlNT AND BODY
SHOr." MOTION BY BOARD MEMBER VOSKA. SECONDED BY BOARD
MEMBER TILLIS. DISCUSSION.
VOTE:
VICE CHAIRPERSON KAR.R: NAY
BOARDMEMBERBROWN: AYE
BOARD MEMBER VOSKA: AYE
CHAIRMANPOE: AYE
BOARD MEMBER TILLIS: AYE
MOTION CARRIED.
REGULAR AGENDA
IU:GULAR
500. Community D~velopUlent Department - Planning Division
Reque.ts That The Pl..uliag ADd Zolliag (t&Z) Board CODsider ADd Appro\'e A
Final EDgiDeerillglSlte PI.. For A 10,028 SqQsre Foot, Oue-Story RetaJI SaleJ
Building 0.. A 1.ZS4 Acre Traet On SR (State Road) 434 At Hadenda Drive.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department presented this Agenda Item.
Ms. Sahlstrom said, "Staff has required the Applicant to provide a twenty four foot (24')
wide cross access easement to the Cumberland Farm property that will allow an eventual
connection to the East."
Ms. Sahlstrom stated, "We do indicate that the cross access easement would need to be
'Recorded' prior to the issuance of a Certificate of Occupancy for the building. Staff
does recommend approval of this project subject to any of the revisions that might need
to be ma.d~ by the Project Landscape Architect."
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CITY OF WINTER SPRINGS. PLOfUDA
O~fT UNAPPROVED MINUTl!S
rLANNlNG AI'l)) l.ONIl'lG BOAllOILOCAL PLANNING AGENCY
SPECIAL MEETINC - APRIL 18, 200S
PAGE 701' Q
"I'D LIKE TO MAKE THE MOTION THAT - THE PLANNING AND ZONING
BOARD RECOMMEND APPROVAL TO mE CITY COMMISSION OF THE
ATTACHED FINAL ENGINEERING SITE DEVELOPMENT PLAN SUBJECT
TO THE REVISIONS NEEDED TO BE MADE BY THE PROJECT LANDSCAPE
ARCHITECT." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY
BOARD MEMBER BROWN. DISCUSSION.
MR. ROBERT JlONHERBULIS, OWNER, MCKEE CONSTRUCTION COMPA.NY,
P.O. BOX -171366, LAKE MONROE, FLORIDA~ REPRESENTING THE
MILLER'S OF ~MlLLER SCHOOL SUPPL V' AND REQUESTING
CLARInCATION OF nu: DECORATIVE WALL, MR. VONHERBULIS SAID,
"IT STATES A DECORATIVE MASONRY RETAINING WALL WILL
CONTAIN THE WATER RETENTION IN THE AREA ON TH:E WEST SIDE OF
HACIENDA (VILLAGE} - WE HAVE APPROXlMATELY A FORTY-TWO
INCH (42") HIGH WALL TRAT IS FACING THE INSIDE OF THE
RETENTION POND AND I JUST WANT TO MAKE SURE THAT STAFF IS
ACTUALLY RECOMMEND THAT BE A DECORATIVE WALL WHICH
WOULD BE UNDER WATER DURING THE RAINS OR ARE WE TALKING
ABOUT A REGULAR MASONRY WALL AND THE DECORATIVE WALL
BEING STRICTLY THE ONE THAT'S ON mE SOUTH PROPERTY LINE
SEPARATING US FROM THE RESIDENTS AS TO THE SOUTH?'Y MR
VONHERBULIS STATED, "OTHER THAN THAT, WE CONCUR ON ALL OF
STAFF'S COMMENTS."
MS. SAHLSTROM SAID, "'THE WALL INSIDE TIlE RETENTION AREA
WOULD NEED TO MEET PUBLIC WORKS SPECIFICATIONS AND I THINK
YOU'RE CORRECT - IT DOES NOT NEED TO BE DECORATIVE I WOULD
NEED TO CHECK WITH OUR PUBLIC WORKS DIRECTOR [MR. KIP
LOCKCUFF, PUBLIC WORKSIUTILITY DEPARTMENT DIRECTOR) ON
THAT."
VOTE:
BOARD MEMBER BROWN: AYE
BOARD MEMBER VOSKA: AYE
BOARD MEMBER TILLIS: AYE
VICE CHAIRPERSON KARR.: AYE
CHAIRMAN POE: AYE
MOTION CA.RRIEl1.
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P.DS
CITY OF wINTER SPRINGS, FI.O~IOA
O~AFT UN,\l'I'RovED MINUTES
rLAJII~INC AND Z.ON~C BOAJU)./LOCAL PLANNING AG&NCV
SPECIAL MEETING - APRIL I a, 2005
PA.GE lJ OP 9
IU:CUl..AR
SOl, Conullubity Deyelopment Department - PlaDning Division
Requests Tbat The Plan.ing And Zoning (P&Z) Boud Consider And Approve
Prdim1nary And Final Site Plan And Engineering Plans For The 3.16 Acre
Property 00 The Southeast Corner Of Moss Road And S.R. (State Road) 434
Wlaicb Includes Tbe Vacant State Farm Insurance Building Along With The
Addition OfY'fIPO (2) New Office Buildings On Tbe 3.16 Acres.
Ms. Sahlstrom presented this Agenda Item and displayed pictures of the Site.
Tape 2tside A
Discussion.
Mr. David Glunt, Project Engineer, Madden Engineering, Inc., 431 East Horatio Avenue,
Suite 260, Maitland, Florida: spoke to the Board Members regarding this property.
Mr. Craig F. ROJlhier, ftecutive Vice President, w: M. Sallderlin & Associates, Inc..
SanrT'USt, LTD, 738 Rugby Street. Orlando, Florida: addressed the Board Members on
the various businesses planned for this Site.
"PD LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL TO
THE CITY COMMISSION FOR THE MOSS ROAD INTERNATIONAL OFfiCE
COMPLEX AS DEPICTED OR AS SHOWN HERE TONIGHT ON THEIR
FlNAL ENGINEERING SITE DEVELOPMENT PLANS SUBJECT TO THE
CONDITIONS SETFORTH TONIGHT," MOTION BY BOARD MEMBER
TILLIS. SECONDED BY BOARD MEMBER BROWN. DISCUSSION.
BOARD MEMBER BROWN ASKED, "I WOULD JUST LIKE TO REMIND
ELOISE (SAIlLSTROM] THAT - GOOD POINT - BROUGHT UP ABOUT
THOSE AIR CONDITIONERS. IF YOU CONVEY THAT ON.,t MS.
SAHLSTROM SAInt "ALRIGHT.t'
VOTE:
VICE CHAIRPERSON KARR: AYE
CHAIRMAN POE~ AYE
BOA.RD~MBER YOSKA: AYE
BOARD MEMBER TILLIS: AYE
BOARD MEMBER BROWN: AYE
MOTION ~ARlUED.
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crrv Of W(NT~1t SPRINGS. FLORIDA
OR,J.PT UNJlJ>"1l0VEO MINUTES
PLANNII'4C NIX) WlIl.NC 8OAaDlLOCAJ.. rLANNI~C ACtNCY
SPECIAl.MEETlNO" ^P1UlI8, 2005
PAGe90F9
ADJOURNMENT
"I MOVE THAT WE ADJOURN." MOTION BY VICE CHAIRPERSON KARR.
SECONDED BY BOARD MEMBER BROWN. DISClJSSION. WITH THE
CONSENSUS OF THE BOARD THE MOTION WAS APPR.OVED,
MOT.ION CARRlED.
Chairman Poe adjourned the Meeting at approximately 8:59 p.m.
RESPECTFULLY SUBMITTED.'
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
WILLIAM H. POB, CHAIRMAN
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
NOTE, Then MlftullCl wen: approved 3.1 the
.2005 'laMing Md Zonin. 8oatdlLocAI YlIn"ing ^r.Cl'lcy M~lint.
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Date: May 23, 2005
The following Documents were provided to the
City Commission on May 23, 2005 during
Public Hearings Agenda Item "403" and during
the respective Motion, were made part of the
Record.
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II PLOT PLAN II
"REAL PROPERTY DESCR(pnON"
lOT 102, GREENSPOINTE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29,
PAGES 24 THROUGH 27 Of THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA.
NOT A BOUNDARY SURVEY
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SURVEYOR'S NOTES:
1. NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL Of A flORIDA UCENSED SURVEYOR AND MAPPER.
2. lHE OREAL PROPERrt DESCRIPllDN' SHOWN HEREON IS IN ACCORDANCE
'Mlli ruE DESCRIPlION PROVIDED BY lHl' CUENT.
3. NO UNDERGROUND II.lPROVEt.lENTS OR VISIBLE INSTAU..ATIONS HAVE BEEN
LOCA lED OlliER THAN SHOVt1'4.
.. BEARINGS ARE BASED ON THE NORlH UNE Of SAID lOT 99 ASSUI.lED AS
BEING N. 85"42'-4a' E. PER PLAT.
5. HAVING CONSULTED lliE NAllONAL fLOOD INSURANCE PROGRAt.l fiRM.
I HAVE OETERU1NEO lliAT lliE SUBJECT PROPERlY UES IN ZONE 'x'.
NOT A SPECIAL flOOD AREA PER ARt.! PAl\IEL , 12117C 0130 E. DATED
APRIL 17. \995. CllY OF WINTER SPRINGS(1202950. SEMINOLE COUNlY. FLORIDA.
6. ELEVATIONS ARE lRUE BASED ON satlNOLE COUNlY BENOilotARJ< 1~+4101
alENT: KEY REALTY
JOB NUMBER: 03- 11
CADD owe. FILE: OJ-II GREENSPOINTE
NOT A BOUNDARY SURIlEY
COMMENTS FIELD DATE OFFICE DATE
PLOT PLAN NA 5.R.B. 3/1/05
REVISE PLOT PLAN NA 5.R.fl. 4:505
REVISE PLOT PLAN NA S.R.B. 4/} /05
REVISE PLOT PLAN NA 5.R.B. 4/15/05
CERnFIED TO:
KEY REALlY '" DEVELOPMENT
SURVEYOR'S CERnnCA TE:
lHlS IS TO CERTIfY lHAT THIS SlJR~ IIEfTS lHE t.IlNlI4Ut.l lEOlNICAl.. STANOARDS
AS SET fORlli BY lliE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND l.lAPPERS IN CHAPTER 6\G17-6, fLORIDA ADUINISTRATIVE CODE,
PURSUANT TO SECTION 1-72.027. FLORIDA STATUTES.
SCOTT BECH1R, P.S.t.l.
PROFESSIONAl SUR'iEYOR & t.lAPPER
FLORIDA REGlSTRA liON NUMBER 5807
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