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HomeMy WebLinkAbout2013 02 11 Public Hearing 501 Ordinance 2013-01, First Reading of Winding Hollow Commercial Parcel Administrative RezoningCOMMISSION AGENDA ITEM 501 February 11, 2013 Regular Meeting Informational Consent Public Hearings X Regular KS RS City Manager Department REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing for the First Reading of Ordinance 2013 -01, which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of State Road 434 from C -2 (General Commercial) to C -1 (Neighborhood Commercial). f SYNOPSIS: The City of Winter Springs Community Development Department has initiated this request to administratively rezone 2.9 acres from C -2 (General Commercial) to C -1 (Neighborhood Commercial). The subject property is located on the west side of Winding Hollow Boulevard just south of State Road 434 (see attached Sketch of Description). The administrative rezoning request comes as a result of the City Commission's approval of the Winding Hollow Lot Split Resolution as presented during the December 10, 2012 Regular City Commission meeting. During said meeting, the City Commission approved the Winding Hollow Lot Split Resolution subject to the following conditions: 1. The Applicant shall be required to submit permit applications to permit and develop an office park on the interior Lot; 2. The Applicant shall consent to the City administratively rezoning the Interior Lot to C -1 (Neighborhood Commercial); 3. The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design Standards for New Development Area; and 4. The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. Public Hearings 501 PAGE 1 OF 5 - February 11, 2013 The City of Winter Springs Planning & Zoning Board unanimously recommended approval of Ordinance 2013 -01 at their January 10, 2013 regular meeting. CONSIDERATIONS: The City is processing an application to administratively rezone the subject property from C- 2 (General Commercial) to C -1 (Neighborhood Commercial) in order to comply with the conditions stipulated as part of the City Commission's approval of the Winding Hollow Lot Split Resolution on December 10, 2012. The future owner desires to develop six (6) single - story office buildings having a total of 19,000 square feet of space on the 2.9 acre parcel. Pursuant to the conditions of approval for the Lot Split, the development will be subject to the S.R. 434 General Design Standards for New Development Area. The surrounding area is generally characterized by low density residential and limited commercial establishments along S.R. 434. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20 -31. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20 -31: (1) Compliance with Procedural Requirements- The proposed administrative rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. Public Hearings 501 PAGE 2 OF 5 - February 11, 2013 Existing Land Uses Zoning Future Land Use Subject Property Undeveloped City of Winter City of Winter Springs C -2 (General Springs "Commercial" Commercial) North Undeveloped City of Winter City of Winter Springs C -2 (General Springs "Commercial" Commercial) South 110' Public Utility Easement City of Winter City of Winter Springs "Low Springs R- IA Density Residential" East Undeveloped (across the Winding City of Winter City of Winter Hollow Boulevard right -of -way) Springs C -2 (General Springs "Commercial" Commercial) West FDOT Stormwater Pond Seminole County Seminole County APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20 -31. REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20 -31: (1) Compliance with Procedural Requirements- The proposed administrative rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. Public Hearings 501 PAGE 2 OF 5 - February 11, 2013 (2) Consistent with the Comprehensive Plan- The proposed administrative rezoning is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject property is proposed to be developed as single -story offices comprised of six (6) buildings and approximately 19,000 square feet of space. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed administrative rezoning from C -2 (General Commercial) to C -1 (Neighborhood Commercial) is appropriate and compatible with the land use pattern established by the City's Comprehensive Plan. The surrounding properties have future land use designations of "Low Density Residential" and "Commercial ". The existing FDOT stormwater pond, just west of the subject property, is currently outside of city limits and is located within Seminole County. (5) Does Not Create Spot Zoning- The proposed administrative rezoning does not create a spot zone, which is prohibited by law. Currently, both sides of Winding Hollow Boulevard have C -2 (General Commercial) zoning and "Commercial" land use for approximately 820 feet south of S.R. 434. Since the resultant parcel does not have frontage on SR 434, the C -1 designation is more appropriate because of the permitted uses. Other C -2 properties within the area all have frontage on SR 434. The Winding Hollow Subdivision, along with an existing 110' drainage easement located south of the subject property, has "Low Density Residential" land use and R -1A zoning. (6) Does Not Materially Alter the Population Density Pattern- The proposed administrative rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure). (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed administrative rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. Existing C -2 zoning in the City usually has frontage on S.R. 434, 17 -92, or 419. A result of the Lot Split is that the subject property no longer has frontage on S.R. 434. A C -2 zoning designation has the potential to create adverse traffic conditions on Winding Hollow Boulevard. (8) Changed Conditions Make the Proposed Rezoning Necessary- The administrative rezoning request comes as a result of the City Commission's approval of the Winding Hollow Lot Split Resolution during the December 10, 2012 Regular City Commission meeting. During said meeting, City Commission approved the Winding Hollow Lot Split Resolution subject to the following conditions: 1. The Applicant shall be required to submit permit applications to permit and develop an office park on the interior Lot; 2. The Applicant shall consent to the City administratively rezoning the Interior Lot to C -1 (Neighborhood Commercial); 3. The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design Standards for New Development Area; and 4. The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. Public Hearings 501 PAGE 3 OF 5 - February 11, 2013 The proposed zoning designation of C- 1(Neighborhood Commercial) is compatible with the existing Commercial Future Land Use Map classification. (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed administrative rezoning will not seriously reduce light or air to adjacent areas. (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent of the administrative zoning of the property is to comply with the required condition of approval for the Winding Hollow Lot Split Resolution and is consistent and compatible with the surrounding land uses. (12) Does Not Constitute a Special Privilege- The proposed administrative rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13) Not out of Scale- The proposed administrative rezoning is not out of scale or incompatible with the needs of the neighborhood or the City. (14) Does Not Violate any City Land Use Regulations- The proposed administrative rezoning does not violate any applicable land use regulations adopted by the City. FINDINGS: In summary, staff has determined that the fourteen (14) review standards defined within Section 20 -31 have been satisfied. FISCAL IMPACT: The proposed administrative rezoning of the property from C -2 (General Commercial) to C- 1 (Neighborhood Commercial) lays the groundwork for the development of 19,000 square feet of office space which will add non - residential taxable value to the City's tax roll. A detailed fiscal impact analysis will be performed for staff review and assessment. This analysis will be part of the agenda item for the City Commission's consideration of the final engineering and aesthetic review for the proposed project. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Both the Winding Hollow Homeowners Association (HOA) president and property owners Public Hearings 501 PAGE 4 OF 5 - February 11, 2013 within one hundred fifty (150) feet of the subject property have been notified by US mail. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Both staff and the Planning & Zoning Board recommend that the City Commission hold a Public Hearing for the First Reading of Ordinance 2013 -01, which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of State Road 434 from C -2 (General Commercial) to C -1 (Neighborhood Commercial). ATTACHMENTS: A - Ordinance 2013 -01 B - Sketch of Legal Description C - Location Map D - Draft P &Z minutes - January 10, 2013 Public Hearings 501 PAGE 5 OF 5 - February 11, 2013 ORDINANCE NO. 2013-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF REAL PROPERTY CONSTITUTING A PORTION OF ONE (1) PARCEL OF LAND TOTALING 2.9 ACRES, MORE OR LESS, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 434 AND WINDING HOLLOW BOULEVARD IN THE CITY OF WINTER SPRINGS, FLORIDA, DEPICTED AND LEGALLY DESCRIBED AS THE "SOUTHWEST PARCEL" ON EXHIBIT "A" ATTACHED HERETO, FROM "C -2 GENERAL COMMERCIAL DISTRICT" TO "C -1 NEIGHBORHOOD COMMERCIAL DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their January 10, 2013 meeting; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2013 -01 Page 1 of 2 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20 -102 is hereby amended to include a change of classification from "C -2 General Commercial District" to "C -1 Neighborhood Commercial District" for the property depicted and legally described on Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2013. ATTEST: Charles Lacey, Mayor Andrea Lorenzo - Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2013 -01 Page 2 of 2 SKETCH OF OF DESCRIPTION (THIS IS NOT A SURVEY) DESCRIPTION — {SOUTHWEST PARCEL): A PORTION OF LOFT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGIN AT THE SOUTHWEST CORNER OF LOT 25, 3LCCd D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK I. PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNT'. FLORIDA: THENCE RUN N07411'3O ALONG THE WEST UNE OF SAID LOT 25. A DISTANCE OF 576.34 FEET., THENCE RUN N23'53'1 7"E A DISTANCE OF 220.92 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WINDING HOLLOW BOULEVARD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT I300K 47, PAGES 94 THROUGH 9 0, PUBLC RECORDS OF SEMINOLE COUNTY. FLORIDA: THENCE RUN S07-01 '30"E ALONG SAJO WEST RIGHT OF WAY LINE A DISTANCE OF 57,6_07 FEET TO A POINT ON THE SOUTH UNE OF AFORESAID LOT 25, 6LCOK D; THENCE RUN S63'48'59'W ALONG SAID SOUTH LINE A DISTANCE OF 220.02 FEET TO THE POINT OF 6EGINN INO_ AAOVE DESCRIBED PARCEL CONTAINS 2.9101 ADRES, MORE OR LESS. f IEUVI P r Cary of Winter 5rngs LOCATION MAP DECEMBER 2012 Bala*:Nt-teim OP ;;- SIPAE Subject Property E Si R-C1 LEGEND R-C1 (Minimum 1 Acre lot) • R -1 AA (Minimum 10,000 SF lot) R -1A (Minimum 8,000 SF lot) R -1 (Minimum 6,600 SF lot) R-3 (Multi- Famiry+) R-T (Mobile Homes) PUD lanned Unit Development) • • C -1 (Neighborhood Commercial) 'e�neral Commercial) GID (CreenMay Interchange District) T-C (Town Center District) 1 -1 (Light Industrial) (Commerce Center) Urban Central Business District 0 60 120 240 360 480 Feet CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING (RESCHEDULED FROM JANUARY 2, 2013) JANUARY 10, 2013 CALL TO ORDER The Regular Meeting of Thursday, January 10, 2013 (Rescheduled from January 2, 2013) of the Planning And Zoning Board /Local Planning Agency was called to Order at 5:30 p.m. by Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, present Board Member Howard Casman, present Board Member Bob Henderson, present Board Member Bart Phillips, present Board Member Suzanne Walker, absent Assistant City Attorney Kate Latorre, present Assistant to the City Clerk Sean Beaudet, present A moment of silence was followed by the Pledge of Allegiance, led by former Winter Springs Mayor Paul P. Partyka. REGULAR AGENDA - PART I REGULAR 600. Office Of The City Clerk Requesting An Election Of Chairperson Be Held For 2013. MOTION TO NOMINATE WILLIAM H. POE. MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER HENDERSON. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 10, 2013 (RESCHEDULED FROM JANUARY 2, 2013) PAGE 2 OF 7 REGULAR 601. Office Of The City Clerk Requesting An Election Of Vice Chairperson Be Held For 2013. "I WOULD LIKE TO PLACE A NOMINATION — MR. BOB HENDERSON AS VICE CHAIR FOR 2013. IT IS CUSTOMARY THAT WE ASK MR. HENDERSON, `WOULD YOU WILLINGLY ACCEPT THAT POSITION ?" MR. HENDERSON REPLIED, "YES, SIR." MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER HENDERSON: AYE CHAIRMAN POE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200. Office of the City Clerk Requesting Approval Of The December 5, 2012 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "MOTION TO APPROVE (THE MINUTES)." MOTION BY VICE CHAIRMAN HENDERSON. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 10, 2013 (RESCHEDULED FROM JANUARY 2, 2013) PAGE 3 OF 7 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used 400. REPORTS No Reports were given. PUBLIC INPUT Chairman Poe opened "Public Input". No one spoke. Chairman Poe closed "Public Input ". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division Requests That The Planning and Zoning Board Hold A Public Hearing To Consider Ordinance 2013 -01, Which Proposes To Administratively Rezone 2.9 Acres Of Property Located On The West Side Of Winding Hollow Boulevard Just South Of State Road 434, From C -2 (General Commercial) To C -1 (Neighborhood Commercial). Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. Continuing, Mr. Woodruff noted "The administrative rezoning request before you tonight was mandated by the City Commission as part of their approval of the Winding Hollow Lot Split Resolution back on December 10th, 2012. Commission approved Resolution 2012 -43, subject to four (4) specific conditions. First, that the Applicant be required to submit Permit Applications to permit and develop an office park on the interior lot. Second, the Applicant shall consent to the City administratively rezoning the interior lot to C -1, `Neighborhood Commercial'. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 10, 2013 (RESCHEDULED FROM JANUARY 2, 2013) PAGE 4 OF 7 Third, the Applicant shall consent the interior lot being subject to the State Road 434 General Design Standards for the new development area. Fourth, that the Lot Split Resolution shall not be finalized and recorded until such time that the binding Development Agreement is finalized and executed." Discussion ensued on surrounding area zoning, Easements, and density. Concluding the presentation, Mr. Woodruff stated, "Staff recommends that the Planning and Zoning Board forward a recommendation of Approval to the City Commission for Ordinance 2013 -01." Board Member Howard Casman mentioned the exact location and asked, "Why is the (Public Hearings Notice) sign on the other property and why is it hard to find? It is obscured and it's on the wrong piece of property." Mr. Woodruff explained, "Right now, this property is all one (1) piece, it's all one (1) parcel. We asked for the sign to be located here off of Winding Hollow Boulevard. If it is located up here as you mentioned off of (State Road) 434, then we can have that sign moved." Further comments. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department added, "The property is not really split yet. We have not recorded a Lot Split Resolution. Because of the size of the signs that the City places — we have to do utility locates. So, that might have something to do with it. But, I will check into it. We'll make sure; if at all possible, we can get it moved south to the actual piece of property." Mr. Stevenson also noted that the rezoning request will not go to the City Commission for Approval until the Developer's Agreement and Resolution have been Approved and recorded. Chairman Poe opened "Public Input " for this Agenda Item. Mr. Drew Hawkins, 427 Woodcrest Street, Winter Springs, Florida: mentioned the Public Hearings Notice sign was obscured by trees and believed it should be more visible to the public; and was concerned with what may be built on the property. Chairman Poe closed "Public Input". "MOTION TO APPROVE." MOTION BY VICE CHAIRMAN HENDERSON. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE VICE CHAIRMAN HENDERSON: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 10, 2013 (RESCHEDULED FROM JANUARY 2, 2013) PAGE 5 OF 7 PUBLIC HEARINGS 501. Community Development Department — Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Property Located At 749 North Gretna Court, For Approval Of A Waiver To Section 20 -353 (e)(2)(c) Of The City Code, To Permit A Rear Setback Encroachment From 25 -Feet To 10 -Feet In The Highlands, Section 4 PUD (Planned Unit Development) For An Existing Room Addition. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item for discussion and explained that the Applicant had just purchased the property and discovered the foundation issues after the purchase of the property. Mr. Howell added, "The Applicant then submitted a Building Permit to the City in order to correct this problem. When the Building Official reviewed the Permit, it was determined that the rear portion of the building, which is a room addition that was added onto the house, encroaches into the rear setback." The location was shown on the building plans to those in attendance. Furthermore, Mr. Howell explained, "The addition was built by a previous owner without a Permit. During purchase of the home, the Applicant discovered that this was not disclosed to them; that it was in Violation of the setback. The Permit Application was then denied due to the setback encroachment of the existing room application. Based on this, the Applicant is requesting Approval of a Waiver to Section 20 -353. (e) (2) c. of the City Code to permit a rear setback encroachment from twenty -five feet (25') to ten feet (10') for the existing room addition." Discussion followed on the specific Code, the Highlands Planned Unit Development requirements, and the date the home was built. Mr. Howell also stated, "The Applicant has obtained letters of support from the Highlands HOA (Homeowners Association) and from the surrounding property owners for the Waiver request. Aerial photographs reveal that the structure is covered in tree canopy and not even visible from the surrounding area. If the Waiver is approved, the addition will be required to obtain a Building Permit and be brought into Compliance with all applicable requirements of the Florida Building Code." Further, Mr. Howell remarked, "This is not a self - imposed hardship. The Applicant inherited this problem upon purchase of the home. If this Waiver is not granted, the structure would need to be demolished; resulting in significant expenses to the current owner, as well as loss of living space within the structure." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - JANUARY 10, 2013 (RESCHEDULED FROM JANUARY 2, 2013) PAGE 6 OF 7 Vice Chairman Bob Henderson said, "As President of the HOA (Highlands Homeowners Association) — we have absolutely no objections to it ". Vice Chairman Henderson also noted that the addition is not visible to the neighbors or public. Discussion. Chairman Poe opened "Public Input " for this Agenda Item. No one addressed the Planning and Zoning Board /Local Planning Agency. Chairman Poe closed "Public Input ". "MOTION TO APPROVE." MOTION BY VICE CHAIRMAN HENDERSON. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VOTE: CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. REGULAR AGENDA - PART II REGULAR 600. Not Used PUBLIC INPUT Chairman Poe opened "Public Input ". No one spoke. Chairman Poe closed "Public Input". In other City business, Mr. Stevenson gave a brief update on current building projects throughout the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING — JANUARY 10, 2013 (RESCHEDULED FROM JANUARY 2, 2013) PAGE 7 OF 7 ADJOURNMENT Chairman Poe adjourned the Regular Meeting at 5:48 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK APPROVED: WILLIAM H. POE, CHAIRMAN PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the , 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting.