7. Ordinance Code Amendments 8. Ordinance Prohibit Medical Marijuana Treatment Center Dispensing Facilities

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1 For More Information, Contact: Kathy Rathel Customer Service Technician City of Winter Garden 300 West Plant Street Winter Garden, FL ext To: Will Hawthorne Chairman David Kassander Vice Chairman Gerald Jowers Gabriel Kotch Chris Lee Matthew Matin Rachel Saunders RE: Agenda July 10, 2017 at 6:30 PM Commission Chambers, City Hall 300 West Plant Street, Winter Garden PLANNING & ZONING BOARD AGENDA Copy to: Mike Bollhoefer, City Manager Dan Langley, City Attorney Kurt Ardaman, City Attorney Ed Williams, Planning Consultant Stephen Pash, Community Dev. Director Kelly Carson, Urban Designer Jessica Frye, Planner II 1. CALL TO ORDER 2. ROLL CALL AND DETERMINATION OF QUORUM 3. APPROVAL OF MINUTES FROM THE JUNE 12, 2017 MEETING ANNEXATION / FUTURE LAND USE MAP AMENDMENT / REZONING (PUBLIC HEARING) & 1342 Green Forest Ct (Beulah Commerce Center) W S Group, LLC PCD Rezoning Parcel ID # & , 310 & 314 W Bay Street & 439 W Plant Street Jowers, Stephens, Larweth REZONING & FLU AMENDMENT Parcel IDs # , -020, -030, and PRELIMINARY PLAT / FINAL PLAT / LOT SPLIT E Vining Street Mary Ann Davis/Craig Davis LOT SPLIT Parcel ID # CITY OF WINTER GARDEN CODE UPDATES (PUBLIC HEARING) 7. Ordinance Code Amendments 8. Ordinance Prohibit Medical Marijuana Treatment Center Dispensing Facilities ADJOURN to the next regular Planning and Zoning Board meeting on Monday, August 7, 2017 at 6:30 p.m. in City Hall Commission Chambers, 300 W. Plant Street, 1 st floor. Page # 1 of 1 Posted: July 7, 2017 REV 04/19/2017 PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUES : ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED, WHICH SUCH WRITTEN RECORD IS NOT PROVIDED BY THE CITY OF WINTER GARDEN. PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTE : PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT KATHY RATHEL, 300 WEST PLANT STREET, WINTER GARDEN, FL 34787, (407) , EXT HOURS IN ADVANCE OF THE MEETING.

2 1. CALL TO ORDER PLANNING AND ZONING BOARD REGULAR MEETING MINUTES JUNE 12, 2017 Chairman Will Hawthorne called the meeting of the City of Winter Garden Planning and Zoning Board to order at 6:32 p.m. in the City Hall Commission Chambers. A moment of silence was followed by the Pledge of Allegiance. 2. ROLL CALL AND DETERMINATION OF QUORUM The roll was called and quorum was declared present. Present: Chairman Will Hawthorne, Vice-Chairman David Kassander, and Board Members: Gerald Jowers, Gabriel Kotch, Chris Lee, and Rachel Saunders Absent: Heather Gantt (excused) Staff Present: City Attorney Dan Langley, Community Development Director Steve Pash, Urban Designer Kelly Carson, Planner II Jessica Frye, and recording secretary Kathleen Rathel 3. APPROVAL OF MINUTES Chairman Hawthorne polled the Board Members to see who would be able to make the July 3, 2017 Planning & Zoning meeting due to the July 4 th holiday. General consensus was there would not be enough for quorum. Motion by Will Hawthorne to move the July 3, 2017 Planning & Zoning meeting to July 10, 2017 at 6:30 pm. Seconded by Gerald Jowers the motion carried unanimously 6-0. Chairman Hawthorne called for a motion of the May 1, 2017 meeting minutes as well as the June 5, 2017 meeting minutes. DRAFT Motion by Gerald Jowers to approve the regular meeting minutes of May 1, 2017 and the meeting minutes of June 5, Seconded by Rachel Saunders the motion carried unanimously 6-0. ANNEXATION / FUTURE LAND USE MAP AMENDMENT / REZONING (PUBLIC HEARING) W Plant Street (Garden West) 707 W Plant St LLC (PUD REZONING) Urban Designer Carson presented a request to rezone /- acres located at 707 W. Plant Street from City R-2 (Residential) to City PUD (Planned Unit Development). The subject property is located on the northeast corner of W. Plant Street and Brayton Road and has a future land use designation of LR Low Density Residential. The applicant is requesting the PUD designation in order to develop 11 Single Family homes including one dedicated cottage lot. The developer proposes custom designed homes that feature traditional architectural styles commonly found in Florida with front porches and detached garages JUNE 12, 2017 P&Z MINUTES PAGE 1

3 located in the rear yards. The development will include a central gathering space with a fire pit and dedicated neighborhood connection to the West Orange Trail to the north. Staff has reviewed the application and recommends approval of Ordinance subject to any conditions outlined in the Staff Report. Board Member Jowers inquired where cars would park. Ms. Carson explained that the site would be developed with a central roadway and each lot would have long driveways leading to detached 2-car garages in the rear yard. On street parking would also be available at certain locations. Chairman Hawthorne asked if this development was similar to Oakland Park. Ms. Carson stated these lots were configured a little differently to maintain as many of the existing trees as possible to create more of a park feel but the home style would have a similar feel. Board Member Saunders asked if there would be an HOA. Ms. Carson replied that an HOA would be required as part of the development and the roadway in would be a publicly dedicated right-of-way. Motion by Rachel Saunders to recommend approval of Ordinance for the PUD Rezoning (for 707 W Plant Street). Seconded by Will Hawthorne the motion carried 5 1 with Gerald Jowers voting against. PRELIMINARY PLAT / FINAL PLAT / LOT SPLIT N Dillard Street (Dillard Pointe) Land Investments of Orlando, LLC (PRELIMINARY PLAT) Urban Designer Carson presented a request for Preliminary Plat approval for the /- acre property located at 555 N. Dillard Street known as the Dillard Pointe subdivision. The property received PUD Rezoning approval from City Commission on April 13, 2017 and Resolution approval from City Commission on June 8, If approved the applicant will be able to move forward with the approval process to develop 12 single family homes. Development includes on-site retention ponds and 12 new parallel parking spaces within the right-of-way. Staff has reviewed the preliminary plat application and recommends approval subject to the conditions outlined in the Staff Report. Motion by Gabe Kotch to recommend approval of the Preliminary Plat for 555 N. Dillard Street [with Staff Recommendations] (as provided in the agenda packet). Seconded by David Kassander the motion carried unanimously 6 0. SPECIAL EXCEPTION (PUBLIC HEARING) DRAFT Tilden Road Foundation Academy of Winter Garden, Inc (SEP EXTENSION) Chairman Hawthorne disclosed that he spoke with the City Attorney to verity there would be no conflict in his participating in the discussion or voting. He works for the Expressway Authority but they have no interest in the property (15304 Tilden Road). Urban Designer Carson presented a request for an extension to the Special Exception Permit approved by Planning & Zoning on October 6, 2014 for the property located at Tilden Road known as the Foundation Academy property. The Special Exception permitted the applicant to install four temporary modular classroom buildings on the property for a maximum of three years. The three year window has almost expired and the applicant is requesting the Board grant an additional three years while funding is being secured to construct permanent buildings for the 2020/2021 school year. Staff has reviewed the request and recommends approval of the Special Exception extension for three additional years. JUNE P&Z MINUTES PAGE 2

4 Vice-Chairman Kassander inquired why another three year extension versus one year. Ms. Carson replied that was the timeline requested by the applicant to secure funding. David Buckles, 967 Glenview Circler Winter Garden, President of Foundation Academy, addressed the Board s concerns. He stated when they first asked for three years the new Windermere High School had not been approved. Foundation Academy decided to wait to see how the new high school would impact them. Foundation Academy is now ready to move forward and has contracted an architect and civil engineer to start the design process. The Academy was approved for four temporary modular classrooms but only installed two. They will install the remaining two modular classrooms around Christmas General discussion ensued regarding the number of students. The current Developer s Agreement allows up to 1,200 students on the property with original conditions still in effect. Stefan Dennis, 99 W. Plant Street, has children that attend Foundation Academy and spoke in favor of the extension. Motion by Gerald Jowers to recommend approval [of the Special Exception extension] with Staff Recommendations (as provided in the agenda packet). Seconded by Rachel Saunders the motion carried unanimously Winter Garden Vineland Rd (Florida Film Academy) Winter Garden Vineland LLC Planner II Frye presented a Special Exception Permit request for the property located at 1261 Winter Garden Vineland Road located within the West Orange Business Center. The 10 +/- acres is zoned PCD Planned Commercial Development. The applicant, Florida Film Academy, is requesting to open a film school that will offer various classes associated with film and media, after school programs, and summer camps. The applicant notified the Planning & Zoning department on June 12, 2017 that they may occupy the 5 suites located on the back of the building instead of the ones indicated in the staff report. Staff has reviewed the application and recommends approval subject to the conditions outlined in the Staff Report. General discussion ensued regarding a capacity restriction to a maximum of 60 students based on parking, age of students, no drop-off/pick-up area, and having staggered class times. Kay Hill, 462 Valley View Drive, Winter Garden Florida, and Stefanie Robinson, Apopka, both with Florida Film Academy, responded to the question on the age of students. Ms. Hill stated the students ranged from ages 7 to 18 years old and the majority of them were dropped off and picked up after class so parking shouldn t be an issue. Chairman Hawthorne inquired if there were other school type uses in the same business complex. Ms. Frye responded that UCP occupies the first building towards the south and the class schedules were taken into consideration for any conflicts. Mr. Pash stated UCP would be relocating in the near future. Motion by David Kassander to recommend approval of the Special Exception Permit for 1261 Winter Garden Vineland Road [with Staff Recommendations] (as provided in the agenda packet). Seconded by Gabriel Kotch the motion carried unanimously 6 0. VARIANCE (PUBLIC HEARING) DRAFT nd Street Javier Jacobo Saucedo Planner II Frye presented multiple variance requests for the property located at nd Street. The /- acre property is zoned R-2. The applicant removed an old non- JUNE P&Z MINUTES PAGE 3

5 conforming shed with carport structure and rebuilt a larger detached garage located in the same general area as the original structure without permits. The applicant is requesting four variances in order to keep the improved structure. If approved, the first variance would allow a detached garage to remain at a square footage of 63% of the primary structure in lieu of the maximum square footage of 50% of the primary structure. The primary structure is approximately 950 square feet and the garage is approximately 598 square feet. The second variance would allow the garage to remain at a height of 14.5 feet in lieu of the maximum height of 12 feet. The third variance would allow the garage to remain 5 feet from the rear property line in lieu of the minimum required 25 foot rear yard setback. The final variance would allow the garage to occupy 47% of the established rear yard in lieu of the maximum 25% permitted by code. Staff has reviewed the request and recommends approval subject to the conditions outlined in the Staff Report with one additional condition that the canopy structure shown in the site photos be removed. A discussion ensued regarding whether or not the garage structure would have been approved if the applicant had submitted for a building permit first. Ms. Frye noted the original structure was very similar in nature to the new garage and other properties in the area contain very similar structures. Board Member Saunders asked if the structure had been inspected. Ms. Frye replied that a Code Compliance officer, who is also a building inspector, looked as the structure. One of the conditions of approval is that, within a year, the applicant must apply for permits, get engineering on the garage, and pass inspections by the Building Department or the structure would have to be removed. The structure cannot be air conditioned space or a dwelling unit. Ms. Frye restated the conditions outlined in the Staff Report. City Attorney Langley asked to clarify the first condition that stated structure cannot be altered or enlarged any further to include altered without proper approval from the City. Motion by Gerald Jowers to recommend approval of the four variances for nd Street. Seconded by Rachel Saunders with Staff Recommendations (as provided in the agenda packet) the motion carried unanimously E Vining Street Craig Davis Community Development Director Pash presented a Variance request for the property located at 16 E. Vining Street. The /- acre property is located at the southwest corner of E. Vining Street and S. Woodland Street. The owner is requesting five variances to split the existing lot into two separate lots and sell the homes individually. Three of the variances are for the smaller home. The first variance is to the minimum lot width of feet in lieu of the minimum required 75 foot lot width, the second is for the lot area of 5,975.8 square feet in lieu of the minimum required 7,500 square feet, and the third would allow the home to remain at a front yard setback of feet in lieu of the minimum required 30 foot front yard setback. The remaining two variances would allow the other home to remain with a foot front yard setback in lieu of the minimum required 30 foot front yard setback and allow the home to have an 8.37 foot side yard setback in lieu of the minimum required 10 foot side yard setback. The larger home was built in 1968 with a detached garage. In 1982 or 1983 the current owner converted the garage into a second dwelling unit with permits. The area contains a wide range of lot sizes and a variety of uses. The applicant has applied for a Lot Split which is subject to the approval of the variances. Staff has reviewed the request and recommends approval subject to the conditions listed in the Staff Report. DRAFT JUNE P&Z MINUTES PAGE 4

6 Motion by David Kassander to recommend approval of the variances for 16 E. Vining Street with Staff Recommendations (as provided in the agenda packet). Seconded by Gabe Kotch the motion carried unanimously Heron Hideaway Circle Andres Acevedo & Josephine Rivera Urban Designer Carson presented a Variance request for the property located at Heron Hideaway Circle. The applicant is requesting a variance to allow a screen room with a solid roof to have an 11.5 foot setback from the rear property line in lieu of the minimum required 20 foot rear yard setback. This item had been tabled from the May 1, 2017 pending additional Staff research. Staff verified the screen room received approval from the Johns Lake Pointe HOA as originally documented and subsequently built. Staff has reviewed the request and recommends approval. Motion by Rachel Saunders to recommend approval of the variance to Ord and the Resolution [for Heron Hideaway Circle with Staff Recommendations] (as provided in the agenda packet). Seconded by David Kassander the motion carried unanimously 6 0. ADJOURNMENT There being no further business, the meeting was adjourned at 7:24 p.m. to the next meeting to be held on July 10, ATTEST: Recording Secretary Kathleen Rathel APPROVED: Chairman Will Hawthorne DRAFT JUNE P&Z MINUTES PAGE 5

7 THE CITY OF WINTER GARDEN PLANNING AND ZONING BOARD AGENDA ITEM ITEM # 4 (Public Hearing) DATE: July 6, 2017 MEETING DATE: July 10, 2017 SUBJECT: 1318 & 1342 Green Forest Court (PCD Rezoning) PROJECT NAME Beulah Commerce Center PARCEL ID# & ISSUE: The applicant is requesting to rezone the property located at 1318 & 1342 Green Forest Court from C-2 to Planned Commercial Development. SUPPLEMENTAL MATERIAL/ANALYSIS: OWNER/APPLICANT: CURRENT ZONING: PROPOSED ZONING: CURRENT FLU: PROPOSED FLU: SUMMARY: WS Group LLC C-2 Arterial Commercial District PCD Planned Commercial Development Commercial N/A Applicant proposes to rezone the properties located at 1318 and 1342 Green Forest Court from C-2 to PCD to allow flexibility in the uses, setbacks, buffers, etc. The applicant is proposing to bind the two lots (±12.54 acres) and develop the property with five varying sized buildings in two phases. One of the buildings will house the Prevost Bus Operations. The rezoning is consistent with the Code of Ordinances, the Future Land Use Map, the City s Comprehensive Plan, and the surrounding property uses. STAFF RECOMMENDATION(S): Staff recommends approval of Ordinance subject to the conditions outlined in the PCD Ordinance and the DRC Review Memo dated July 7, NEXT STEP(S): ATTACHMENT(S): First reading by City Commission is scheduled for July 13, 2017 with the second reading and adoption anticipated to be on July 27, Location Map Staff Report Ordinance DRC Memo

8 Location Map

9 CITY OF WINTER GARDEN PLANNING & ZONING DIVISION 300 West Plant Street - Winter Garden, Florida (407) STAFF REPORT TO: PLANNING AND ZONING COMMITTEE PREPARED BY: JESSICA FRYE, PLANNER II DATE: JULY 10, 2017 SUBJECT: REZONING 1318 & 1342 GREEN FOREST CT. BEULAH COMMERCE CENTER PCD PARCEL ID # & APPLICANT: WS Group, LLC INTRODUCTION The purpose of this report is to evaluate the proposed project for compliance with the City of Winter Garden Code of Ordinances and Comprehensive Plan. The subject property, generally located on the northeast corner of Beulah Road and Stagg Road at 1318 & 1342 Green Forest Court, is approximately ± acres. The map below depicts the location of the subject property within the City of Winter Garden municipal limits:

10 Green Forest Court 1318 & 1342 Beulah Commerce Center PCD Rezoning - Staff Report July 10, 2017 Page 2 The applicant is requesting to rezone ± acres of unimproved vacant land that is currently zoned C-2 with a Future Land Use designation of Commercial to Planned Commercial Development. The property consists of two parcels within the Pavex Park Subdivision. EXISTING USE The subject property is unimproved vacant land. ADJACENT LAND USE AND ZONING The properties located to the north of subject property are single-family residential, zoned R-1 and are in Unincorporated Orange County. The properties northwest of the subject property are developed with commercial and industrial uses that are within the City s municipal Limits including Classic Car Wash, Moon Salon, and the Pawn and Gun Retail Center, which are zoned C-2 and the Occasions by Shangri-La Operations which is zoned I-1. The properties to the east of the subject property include multiple warehouse buildings with various business operations, are zoned I-1 and are within the City s municipal limits. The property to the south contains the Boat, RV, and Auto Storage of West Orange Operations, is zoned C-2 and is within the City s municipal limits. The properties to the west of the subject property includes single family residential properties with a majority of the properties in Unincorporated Orange County, and the Sterling Pointe Subdivision, zoned PUD and within the City s municipal limits. PROPOSED USE The applicant is proposing to bind the two lots and develop the property with multiple buildings to create a multi-use development that encompasses commercial and industrial uses. The applicant proposes to build 5 buildings. Building 1 and 2 will have flex-space units and will house the more commercial oriented uses as described in the ordinance. Building 3 will be dedicated to the Prevost Bus Operations and will include an office area, parts and storage area, and 9 service bays which will only be used to service Prevost Busses and not for commercial vehicle repair and maintenance as outlined in the Ordinance. If for any reason the bus operations for Prevost were to cease, all uses permitted for Building 3 will revert to those permitted in Buildings 1 and 2. Buildings 4 and 5 are part of a future buildout and will be behind the enclosed screened area and are proposed covered storage for the Boat, RV, and Auto Storage of West Orange. These buildings will be developed after the area is no longer in use by the Prevost Operations. The development is designed to transition the buildings from the industrial uses along Green Forest Court to the Commercial uses on Beulah to mitigate adverse impacts to the surrounding neighborhoods along Beulah, but to also not incur large amounts of traffic seen in a typical retail shopping center. The applicant is proposing to build the development in two phases. The first phase will include the development of Buildings 1, 2 and 3 and all of the necessary site infrastructure. Buildings 4 and 5 will be developed in the second phase at a date undetermined. The area for Buildings 4 and 5 will house a bus wash and storage area for the Prevost Bus Operations. PUBLIC FACILITY ANALYSIS

11 Green Forest Court 1318 & 1342 Beulah Commerce Center PCD Rezoning - Staff Report July 10, 2017 Page 3 The property is currently encumbered by a utility easement along the property line of the two lots. The applicant has submitted a request to vacate the easement and has received letters from all the necessary parties of interest. Duke Energy does have power lines running through this easement, they have provided a letter indicating they are working with the property owner to remove this encumbrance and reroute the lines in this area. The applicant will be providing the city with 20 of additional right-of-way along Gilard Avenue, creating 50 of Right-of-Way which is the standard size of Right-of-Way required by our Code of Ordinances for minor roads (Chapters 62 and 110). Water, sewer, and reclaimed utilities are required by the City of Winter Garden for any development of the property. At such time that the property is developed, all necessary utility lines will be extended and connections made, all extensions and connection costs shall be borne by the property owner. Per the Conditions of Approval and additional Staff Conditions in Section 2 of the PCD Ordinance, number 7(a). The bus wash area will require a grease interceptor, no discharge into the storm system will be allowed. The City will provide garbage collection, police protection, and all other services regularly provided to City of Winter Garden residents including building permits. The property will be served by both City of Winter Garden Fire Department and the Orange County Fire and Rescue under the First Response System. All concurrency requirements identified by the City of Winter Garden Code of Ordinances and Comprehensive Plan will be met by the proposed development. SUMMARY Staff recommends approval of Ordinance subject to the conditions outlined in the PCD Ordinance and DRC Review Memo dated July 7, Rezoning the subject property from C-2 to PCD is consistent with the City s Comprehensive Plan and surrounding property uses. The adjacent property owners should not be negatively impacted by the proposed project. Incorporating industrial uses with commercial uses should help minimize traffic impact and allows conscious and flexible development on the property.

12 AERIAL PHOTO 1318 and 1342 Green Forest Court Green Forest Court 1318 & 1342 Beulah Commerce Center PCD Rezoning - Staff Report July 10, 2017 Page 4

13 ZONING MAP 1318 and 1342 Green Forest Court Green Forest Court 1318 & 1342 Beulah Commerce Center PCD Rezoning - Staff Report July 10, 2017 Page 5

14 FUTURE LAND USE MAP 1318 and 1342 Green Forest Court Green Forest Court 1318 & 1342 Beulah Commerce Center PCD Rezoning - Staff Report July 10, 2017 Page 6 END OF STAFF REPORT

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34 CITY OF WINTER GARDEN DEVELOPMENT REVIEW COMMITTEE 300 West Plant Street - Winter Garden, Florida (407) FAX (407) M E M O R A N D U M TO: STEVE PASH, COMMUNITY DEVELOPMENT DIRECTOR FROM: DEVELOPMENT REVIEW COMMITTEE DATE: JULY 7, 2017 SUBJECT: REVIEW OF REVISED PCD AMENDMENT PLAN BEULAH COMMERCE CENTER 1318 & 1342 GREEN FOREST COURT LOTS 8A & 8B, PAVEX PARK Pursuant to your request, we have reviewed the revised PCD plan received 6/30/2017 for compliance with the City s stormwater and site requirements. Since this review is preliminary, our comments are limited to the information submitted and do not address detailed review of the drainage, roadway and utility systems that were not submitted. This was submitted in response to our feasibility review of 12/20/17; PCD reviews of 4/21/17; 5/31/17; 6/29/17 (site plan), and DRC meetings of 4/26/17 and 6/7/17, where it was referred to staff review only. A community meeting was also held on 06/21/17. ENGINEERING We have no additional comments and all previous comments have been answered. The Engineering Department recommends approval of the PCD, subject to approval by all other departments and the following conditions and comments: 1. As shown on the provided tree survey, the site contains numerous trees that may need to be removed. Tree removal shall adhere to the City s Tree Protection Ordinance separate review, approval and permit is required. Coordinate with the Building Department (Steve Pash) on any tree removal and protection. Additional landscaping and tree replacement may be required with final plan. 2. Closing through access to Beulah Road from Gilard Avenue and routing traffic through the site will need to be discussed. Access points on Gillard and Beulah need to be discussed. The recorded plat for Pavex Park states that Access rights to Gillard Road and Beulah Road are hereby dedicated to the Winter Garden. As discussed, the City does not support closing Gilard Avenue. Further discussion is required concerning the City s prescriptive rights on Gilard Avenue and the possible dedication of Right of Way along this roadway. The dedication of 20 of Right of Way on Gilard Avenue meets City requirements. 3. Beulah Road is under the County s jurisdiction. All work within the Beulah Road right-of-way will require County permitting, if approved by the City. 4. The proposed improvements (i.e. buildings, parking, etc.) straddle common lot lines that have a 5 drainage and utility easement on both lots (10 total width). The easements will need to be vacated prior to final plan approval. City Attorney to determine if a binding lot agreement will be required for the aggregation of the five platted lots. The attached survey shows a power transformer adjacent to the 10 (5 on both lots) utility easement on Lots 8A and 8B. Please confirm no utilities are located in the easements prior to vacation; provide letters of no objection from utility companies. Applicant is working with Duke Energy to relocate the power line and provide a letters of no objection to the vacation of the easement. 5. Easements for cross access, drainage and utilities will be required if more than one entity will own portions of the project. If not platted, these are to be recorded as a condition of granting a Certificate of Occupancy for the building(s). 6. All utilities shall conform to Chapter 78 of the City Code. Impact fees will be required for any utility connections and shall be paid prior to issuance of building permit and City execution of FDEP permit

35 applications. The site shall be served by City water, sewer and reuse. All utilities required for the development shall be run to the site at the Developer s expense, including potable water, reclaimed water and sanitary sewer. 100% of all required water, irrigation and sewer impact fees shall be paid prior to City execution of FDEP permits and issuance of site or building permits. 7. A conceptual utility plan has been shown. This will be reviewed and commented on further at the preliminary plat and final construction plan phases (i.e. connection points, line sizes, etc.). It is recommended that easements be provided to the City and the utility infrastructure is owned and maintained by the City. Regarding the shown conceptual utility plans the City would recommend: a. The bus wash area would require a grease interceptor; no discharge into the storm system will be allowed. b. It will be the responsibility of the engineer to request flow test on the water system to determine whether looping the water system would be necessary. 8. No fill or runoff will be allowed onto adjacent parcels. Transition slopes shall be provided to match existing grade at property line. Existing drainage patterns shall not be altered. Providing positive drainage within the site is the responsibility of the Design Engineer. The City will not maintain any portion of the on-site or off-site drainage systems or parking lot. A geotechnical report for pavement and stormwater pond design will need to be provided. 9. A conceptual drainage plan has been shown. A permit modification with St. Johns River Water Management District will be required and will be checked with the final construction plan review. 10. Site lighting will be required as well as street lighting on all street frontages if not existing; all lighting shall meet dark skies requirements per City Code. The Developer is required to have street lights installed along all street frontages, including payment of the first year of operation. The Developer is working with Duke Energy to provide on-site and street lighting wide concrete sidewalks shall be constructed along all street frontages pursuant to City Code. Sidewalk requirements along Gilard Avenue will be discussed during the Right of Way discussion. If a payment to the sidewalk fund is used in lieu of a sidewalk, the City will determine the value based on current construction costs. Applicant has added a note concerning the sidewalk requirements on Gilard Avenue. 12. Internal sidewalks shall connect to the public sidewalks in the right-of-way per ADA. 13. All dumpsters, shall be enclosed and shall provide 12 minimum inside clearance each way. 14. Permits or exemptions shall be provided from SJRWMD for stormwater and FDEP for water, wastewater and NPDES NOI. PLANNING 15. Per the PCD, under Landscape note 3, Landscaping will be allowed within the Drainage and Utility Easement, should there ever be any reason that the landscaping is removed the applicant must submit an alternative landscape plan to the city. If landscaping is removed for any reason by the City or any other affiliated entity with rights within the easement, it is the responsibility of the property owner to replace the landscaping to meet the requirements of the PCD. 16. All proposed accessory buildings/structures must architecturally coordinate with the approved building elevations. STANDARD GENERAL CONDITIONS 17. The Owner is responsible for meeting all provisions of ADA and Florida Accessibility Code. 18. All work shall conform to City of Winter Garden standards and specifications.

36 19. The City of Winter Garden will inspect private site improvements only to the extent that they connect to City owned/maintained systems (roadways, drainage, utilities, etc.). It is the responsibility of the Owner and Design Engineer to ensure that privately owned and maintained systems are constructed to the intended specifications. The City is not responsible for the operation and maintenance of privately owned systems, to include, but not be limited to, roadways, parking lots, drainage, stormwater ponds or on-site utilities. 20. The Contractor is responsible for the notification, location and protection of all utilities that may exist within the project limits. 21. No fill or runoff will be allowed to discharge onto adjacent properties; existing drainage patterns shall not be altered. The applicant should note that if approval is granted, the City of Winter Garden is not granting rights or easements for drainage from, or onto, property owned by others. Obtaining permission, easements or other approvals that may be required to drain onto private property is the Owner/Developer's responsibility. Should the flow of stormwater runoff from, or onto adjacent properties be unreasonable or cause problems, the City will not be responsible and any corrective measures required will be the responsibility of the Owner. Site construction shall adhere to the City of Winter Garden erosion and sediment control requirements as contained in Chapter Stormwater. If approval is granted by the City of Winter Garden, it does not waive any permits that may be required by federal, state, regional, county, municipal or other agencies that may have jurisdiction. 22. After final plan approval, a preconstruction meeting will be required prior to any commencement of construction. The applicant shall provide an erosion control and street lighting plan at the preconstruction meeting and shall pay all engineering review and inspection fees prior to construction. Inspection fees in the amount of 2.25% of the cost of all site improvements shall be paid prior to issuance of the building permit. 23. Additional comments may be generated at subsequent reviews. Please review this information and contact our office if you have any questions. Thank you. END OF MEMORANDUM

37 THE CITY OF WINTER GARDEN PLANNING AND ZONING BOARD AGENDA ITEM ITEM # 5 (Public Hearing) DATE: July 6, 2017 MEETING DATE: July 10, 2017 SUBJECT: ISSUE: 304, 310, 314 W Bay Street and 439 W Plant Street (Rezoning and FLU Amendment) PROJECT NAME Jowers/ Stephens/ Larweth PARCEL ID# ,- 020, -030, -100 The applicant is requesting to rezone and amend the Comprehensive Plan for the properties located at 304, 310, 314 W Bay Street and 439 W Plant Street. SUPPLEMENTAL MATERIAL/ANALYSIS: OWNER/APPLICANT: CURRENT ZONING: PROPOSED ZONING: CURRENT FLU: PROPOSED FLU: SUMMARY: H. Gerald Jowers, Janis Jowers Stephens, A. Keith Stephens, James P Larweth R-2 Residential District C-1 Central Commercial District Low Density Residential (LR) Traditional Downtown (TD) The applicant is requesting to change the zoning and amend the Comprehensive Plan for four properties located at 304, 310, 314 W Bay Street and 439 W Plant Street. The applicant is requesting to rezone the properties to C-1 and amend the Future Land Use Designation to TD. To remain consistent with Comprehensive Plan, the boundaries of the Traditional Downtown Activity Center will also be expanded to include these properties. STAFF RECOMMENDATION(S): Staff recommends approval of Ordinances and NEXT STEP(S): ATTACHMENT(S): The first reading by City Commission is scheduled for July 13, 2017 with the second reading and adoption anticipated to be on July 27, Location Map Staff Report Ordinance Ordinance 17-23

38 Location Map

39 CITY OF WINTER GARDEN PLANNING & ZONING DIVISION 300 West Plant Street - Winter Garden, Florida (407) STAFF REPORT TO: PLANNING AND ZONING BOARD PREPARED BY: JESSICA FRYE, PLANNER II DATE: JULY 10, 2017 SUBJECT: ZONING & FLU AMENDMENT ADDRESS: 304, 310, 314 W. BAY STREET & 439 W. PLANT STREET (0.85 +/- ACRES) PARCEL IDS #: , , , APPLICANTS: H. GERALD JOWERS, JANIS JOWERS- STEPHENS, A. KEITH STEPHENS, JAMES P. LARWETH INTRODUCTION The purpose of this report is to evaluate the proposed project for compliance with the City of Winter Garden Code of Ordinances and Comprehensive Plan. The subject properties consist of parcels located at 304, 310, 314 W. Bay Street and 439 W. Plant Street, on the north side of W. Plant Street, west of N. Central Ave. and south of W. Bay St. and is approximately 0.85 ± acres in size. The map below depicts the proximity of the subject property to the City s jurisdictional limits:

40 304, 310, 314 W Bay Street & 439 W Plant Street Zoning/FLU - Staff Report July 10, 2017 Page 2 The applicants have requested to rezone the properties to C-1 Central Commercial District and amend the Future Land Use Map (FLUM) of the City s Comprehensive Plan to designate the properties to Traditional Downtown (TD). In addition to the Future Land Use (FLU) amendment, to comply with Policy in the Comprehensive plan, the boundaries of the Traditional Downtown Activity Center will be expanded to include these properties and will be amended in the same Ordinance as the Future Land Use Map Change. In accordance with the City s Comprehensive Plan, Properties designated with the Traditional Downtown land use category are required to be developed at a floor area ratio not greater than 0.75 and up to a floor area ratio of 4.0 by development bonuses. Gross residential density shall be not greater than 25 dwelling units per acre and up to 50 dwelling units per acre by development bonus. Maximum building height is three stories and up to five stories by development bonus in activity centers. This land use is to include a variety of housing types and land uses in the defined downtown area. Any proposed residential development shall only be allowed as part of a mixed-use development with non-residential uses. Developments designed without adequate parking facilities will be required to participate in the downtown parking program. The variety of uses permits educational facilities, civic buildings and commercial establishments to be located within walking distance of private homes. The area is to be served by a network of paths, streets and lanes suitable for pedestrians as well as multimodal transportation alternatives. This provides residents the options of walking, biking or driving to places within the downtown area. Present and future modes of transit are also considered during the planning stages. The Traditional Downtown land use designation shall be allowed only within the Traditional Downtown Activity Center. Development may exceed the stated 0.75 floor area ratio or 25 dwelling units per acre only by development bonus, no development rights are guaranteed at intensities or densities above the stated permitted range. The zoning classifications that are consistent with the Traditional Downtown land use designation include R-NC, RNC-2, C-1, C-2, C-3, C-4, and INT. EXISTING USE All four of the properties that comprise of the subject property are improved with one-story single family residential structures. ADJACENT LAND USE AND ZONING The property located to the east of the subject properties is the Winter Garden Masonic Lodge, zone R-2 with a FLU designation of TD. To the north and west of the subject properties are single family residential homes zoned R-2 with a FLU designation of Low Density Residential. South of 304 and 310 W. Bay Street are two properties zoned C-1 with a FLU designation of TD. To the south of 439 W. Plant Street is the West Orange Trail. PROPOSED USE The applicant intends to amend the Future Land Use designation of the property, rezone the property, and develop at a later date. The future development would require Site Plan review

41 304, 310, 314 W Bay Street & 439 W Plant Street Zoning/FLU - Staff Report July 10, 2017 Page 3 and approval from the Development Review Committee and City Commission. SUMMARY The proposed rezoning and change to the FLUM is a reasonable use of this property. The rezoning and FLUM amendment is consistent and follows the changes made to the properties located at 419 and 429 W. Plant Street (adjacent to the subject properties). Staff believes that these zoning and FLU changes will continue the downtown development to Park Ave. and create a transition of the downtown development into the surrounding neighborhood. Staff recommends approval of ordinances and to change the Future Land Use to Traditional Downtown, amend the Traditional Downtown Activity Center boundaries, and rezone the properties to C-1.

42 AERIAL PHOTO 304, 310, 314 W. Bay Street & 439 W. Plant Street 304, 310, 314 W Bay Street & 439 W Plant Street Zoning/FLU - Staff Report July 10, 2017 Page 4

43 FUTURE LAND USE MAP 304, 310, 314 W. Bay Street & 439 W. Plant Street 304, 310, 314 W Bay Street & 439 W Plant Street Zoning/FLU - Staff Report July 10, 2017 Page 5 Subject properties changed from Low Density Residential to Traditional Downtown

44 ZONING MAP 304, 310, 314 W. Bay Street & 439 W. Plant Street 304, 310, 314 W Bay Street & 439 W Plant Street Zoning/FLU - Staff Report July 10, 2017 Page 6 END OF STAFF REPORT Subject properties change from R-2 to C-1

45 ORDINANCE AN ORDINANCE OF THE CITY OF WINTER GARDEN, FLORIDA REZONING APPROXIMATELY 0.85 ± ACRES LOCATED AT 304, 310, 314 W BAY STREET AND 439 W. PLANT STREET ON THE NORTH SIDE OF W. PLANT STREET, WEST OF N CENTRAL AVENUE AND SOUTH OF W. BAY STREET FROM R-2 RESIDENTIAL DISTRICT TO C-1 CENTRAL COMMERCIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of that certain real properties generally described as approximately 0.85 ± acres located at 304, 310, 314 w bay street and 439 w plant street on the north side of W Plant Street, west of N Central Avenue and south of W Bay Street from R-2 Residential District to C-1 Central Commercial District classification, therefore; and WHEREAS, after public notice and due consideration of public comment, the City Commission of the City of Winter Garden hereby finds and declares the rezoning approved by this Ordinance is consistent with the City of Winter Garden Comprehensive Plan; and WHEREAS, further, the City Commission finds that based on competent, substantial evidence in the record, the rezoning approved by this Ordinance meets all applicable criteria for rezoning the Property to C-1 Central Commercial District contained within the City of Winter Garden Comprehensive Plan and the Code of Ordinances. BE IT ENACTED BY THE CITY OF WINTER GARDEN, FLORIDA: SECTION 1: Rezoning. The above Whereas clauses constitute findings by the City Commission. After due notice and public hearing, the zoning classification of real property legally described on ATTACHMENT A, is hereby rezoned from R-2 Residential District to C-1 Central Commercial District in the City of Winter Garden, Florida. SECTION 2: Zoning Map. The City Planner is hereby authorized and directed to amend the Official Winter Garden Zoning Map in accordance with the provisions of this ordinance. SECTION 3: Non-Severability. Should any portion of this Ordinance be held invalid, then the entire Ordinance shall be null and void. SECTION 4: Effective Date. adoption at its second reading. This Ordinance shall become effective upon Ordinance Page 1 of 3

46 FIRST READING AND PUBLIC HEARING:, SECOND READING AND PUBLIC HEARING:, ADOPTED this day of, 2017, by the City Commission of the City of Winter Garden, Florida. APPROVED: ATTEST: JOHN REES, Mayor/Commissioner KATHY GOLDEN, City Clerk Ordinance Page 2 of 3

47 ATTACHMENT "A" LEGAL DESCRIPTIONS PARCEL ID#: LOT 10, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less & PARCEL ID# LOT 1, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less & PARCEL ID# LOT 2, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less & PARCEL ID# LOT 3, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less Containing acres, more or less Ordinance Page 3 of 3

48 ORDINANCE AN ORDINANCE OF THE CITY OF WINTER GARDEN, FLORIDA AMENDING THE FUTURE LAND USE MAP OF THE WINTER GARDEN COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY GENERALLY DESCRIBED AS APPROXIMATELY 0.85 ± ACRES LOCATED AT 304, 310, 314 W. BAY STREET AND 439 W. PLANT STREET ON THE NORTH SIDE OF W. PLANT STREET, WEST OF N. CENTRAL AVENUE AND SOUTH OF W. BAY STREET FROM LOW DENSITY RESIDENTIAL TO TRADITIONAL DOWNTOWN AND EXPAND THE BOUNDARY OF THE TRADITIONAL DOWNTOWN ACTIVITY CENTER TO INCLUDE SUCH PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 13 th of June, 1991, the City Commission of the City of Winter Garden adopted Ordinance which adopted a new Comprehensive Plan for the City of Winter Garden, and on the 24 th of June, 2010, the City Commission of the City of Winter Garden adopted Ordinance readopting and amending the Comprehensive Plan for the City of Winter Garden; WHEREAS, the owner of that certain real property generally described as 0.88 ± acres located at 304, 310, 314 W Bay Street and 439 W Plant Street on the north side of W Plant Street, west of N Central Avenue and south of W Bay Street, and legally described in ATTACHMENT A (the Property ) has petitioned the City to amend the Winter Garden Comprehensive Plan to change the Future Land Use classification of the Property from Low Density Residential to Traditional Downtown and expand the boundary of the Traditional Downtown Activity Center (see Comprehensive Plan Future Land Use Element Policy & Figure 1.3) to include the property; and WHEREAS, the comprehensive plan amendment adopted by this Ordinance is internally consistent with the City of Winter Garden Comprehensive Plant and its goals, policies and objectives; and WHEREAS, the City of Winter Garden's Local Planning Agency and City Commission have conducted the prerequisite advertised public hearings pursuant to Chapter 163, Florida Statutes, regarding the adoption of this ordinance; now, therefore, BE IT ENACTED BY THE CITY OF WINTER GARDEN, FLORIDA: Ordinance Page 1 of 4

49 SECTION I. FLUM Amendment. The City of Winter Garden hereby amends the Future Land Use Map of the City of Winter Garden Comprehensive Plan by designating the aforesaid Property from Low Density Residential to Traditional Downtown future land use as set forth in ATTACHMENT "B". Further, the City of Winter Garden Comprehensive Plan is amended to extend the boundary of the Traditional Downtown Activity Center to include the Property. SECTION II. Severability. Should any portion of this Ordinance be held invalid, then such portions as are not declared invalid shall remain in full force and effect. SECTION III. Effective Date. This Ordinance shall become effective 31 days after its adoption if no timely challenge is filed. If timely challenged, this Ordinance shall become effective as provided in the applicable provisions of Chapter 163, Part II, Florida Statutes. FIRST READING AND PUBLIC HEARING:, SECOND READING AND PUBLIC HEARING:, ADOPTED this day of, 2017, by the City Commission of the City of Winter Garden, Florida. APPROVED: ATTEST: JOHN REES, Mayor/Commissioner KATHY GOLDEN, City Clerk Ordinance Page 2 of 4

50 ATTACHMENT "A" LEGAL DESCRIPTIONS PARCEL ID#: LOT 10, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less & PARCEL ID# LOT 1, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less & PARCEL ID# LOT 2, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less & PARCEL ID# LOT 3, BLOCK B, EWINGS ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK F, PAGE 42, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Containing acres, more or less Containing acres, more or less Ordinance Page 3 of 4

51 ATTACHMENT "B" FUTURE LAND USE MAP 439 W Plant Street, 304, 310, 314 W Bay Street Ordinance Page 4 of 4 Subject property change from Low Density Residential to Traditional Downtown

52 THE CITY OF WINTER GARDEN PLANNING AND ZONING BOARD AGENDA ITEM ITEM # 6 (Public Hearing) DATE: July 7, 2017 MEETING DATE: July 10, 2017 SUBJECT: ISSUE: 16 East Vining Street (LOT SPLIT) PROJECT NAME Davis Lot Split PARCEL ID# The applicant is requesting a lot split of the property located at 16 East Vining Street. SUPPLEMENTAL MATERIAL/ANALYSIS: OWNER/APPLICANT: Craig Davis CURRENT ZONING: R-NC Residential Neighborhood Commercial District PROPOSED ZONING: N/A CURRENT FLU: PROPOSED FLU: SUMMARY: Neighborhood Commercial N/A In order to sell the homes separately, the lot needs to be split to create two individual lots. Variances to Section (1)a, Section (1)b, Section (1)a, and Section (1)b for the property located at 16 E Vining Street were approved by the Planning and Zoning Board on June 12, STAFF RECOMMENDATION(S): Staff recommends approval of the lot split subject to the following condition: NEXT STEP(S): 1. These homes cannot be used individually for office or any commercial use. In order to be used for an office or commercial use they would need to be consolidated with other properties to provide sufficient parking, storm pond, and other commercial development requirements. ATTACHMENT(S): File the Lot Split with Orange County Property Appraiser. Location Map Staff Report

53 LOCATION MAP 16 E. Vining Street LOT SPLIT

54 CITY OF WINTER GARDEN PLANNING & ZONING DIVISION 300 West Plant Street - Winter Garden, Florida (407) STAFF REPORT TO: PLANNING AND ZONING BOARD PREPARED BY: STEVE PASH, COMMUNITY DEVELOPMENT DIRECTOR DATE: July 10, 2017 SUBJECT: LOT SPLIT 16 E Vining Street (0.34 +/- ACRES) PARCEL ID # APPLICANT: Craig Davis INTRODUCTION The purpose of this report is to evaluate the request to allow a lot split on property located at 16 East Vining for compliance with the City of Winter Garden Code of Ordinances and Comprehensive Plan. The subject property, located on E Vining Street, is an approximately 0.34 ± acre lot in the Tanner Subdivision. The map below depicts the location of the subject property within the City of Winter Garden municipal limits.

55 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 2 CURRENT USE AND ZONING The subject property carries the zoning designation R-NC (Residential Neighborhood Commercial District) and is designated NC (Neighborhood Commercial) on the Future Land Use Map of the City s Comprehensive Plan. EXISTING USE There are currently two homes on one lot. One of them was constructed in 1968 as a single-family home and the other was built as a garage and converted into a single-family residence in The owner is requesting these variances to allow a lot split and to allow the existing homes to be sold as two separate lots. ADJACENT LAND USE AND ZONING The properties to the south and west of the subject property are developed with single-family residences, are zoned R-2, and are in the City of Winter Garden s Municipal limits. The property to the north of the subject property is developed with a tri-plex, zoned R-2, and in the City of Winter Garden. The property to the east of the subject property is developed with Ace Hardware, zoned C-2, and in the City of Winter Garden. PROPOSED USE The owner/applicant rezoned this property from R-2 to R-NC in JAN, 2016 with the intention of selling the entire property with two homes on it to be developed as an office complex. However, while the property has been for sale all interest has been in purchasing each home individually as a single-family residence. In order to sell the homes separately, the lot needs to be split to create two individual lots, which creates the need for variances. At the June 12, 2017 Planning and Zoning Board meeting, the Board approved variances to: Section (1)a, Section (1)b, Section (1)a, and Section (1)b for the property located at 16 E Vining Street. If approved, these variances will allow the existing lot to be split into two lots, one lot with a lot width of feet in lieu of the minimum required 75 foot lot width and with a lot area of 5,975.8 square feet in lieu of the minimum required 7,500 square feet. These variances allowed one of the existing homes to remain with a with front yard setback of feet in lieu of the minimum required 30 foot front yard setback and allowed the other home to remain with a foot front yard setback in lieu of the minimum required 30 foot front yard setback and allow the home to have an 8.37 foot side yard setback in lieu of the minimum required 10 foot side yard setback.

56 CODE REFERENCE 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 3 Sec Proposed subdivision of existing lot. (a) Whenever a proposed subdivision is a proposal for the division of a single existing lot into two lots, in lieu of complying with division 3 of this article, the subdivider may conform to the procedural requirements set out in this division or he may comply with the procedure for subdivision or resubdivision contained in this chapter at the applicant's option. This procedure shall not apply to a subdivision into more than two lots or additional lot splits on contiguous land or within the same existing subdivision. The intention being that this procedure may only be used once as it pertains to all or any portion of the lands involved in or previously utilizing or subject to this procedure. (b) A subdivider shall apply to the city manager on an application form, promulgated by the director of planning, for the subdivision of a single existing lot into two lots, stating the subdivider's plans for development with the following minimum criteria: (1) A sketch showing the lot size, location of proposed buildings, location of easements, names of bordering streets, building setbacks, names and locations of all bodies of water, marshlands, drain fields, and all other waterways and watercourses abutting or encroaching upon subject property. This sketch must also show existing buildings and lot dimensions. (2) A brief description of all utilities and city services, including sewers, potable water facilities, and fire hydrants electric and telephone poles, streetlights, storm drains and any other utilities or services relevant to the maintenance of subject properties. (3) A listing of the names and addresses of the record owners abutting subject property. (4) A boundary survey of the lands subject to this procedure, as existing (i.e., prior to the proposed lot split) and as proposed (i.e., after the proposed lot split), performed and prepared under the responsible direction and supervision of a professional surveyor and mapper shall be certified to and submitted to the city. Said surveys shall include the depiction of existing improvements thereon. (c) Lot split procedure. Once the application is determined to be complete, the city staff shall review the request for compliance with the code (e.g. compliance with lot dimensions requirements, setbacks for existing buildings etc.). Upon review by the city staff, with or without conditions or restrictions, the application, together with the recommendations, conditions and restrictions, shall be presented to the planning and zoning board at its next regular meeting or session, following action by the city staff, for approval or disapproval. The planning and zoning board may take the following actions: (1) Approve the application as recommended by the city staff. (2) Approve the application, deleting or supplementing the conditions and restrictions of the city staff. (3) Approve the application, adding conditions and restrictions as determined by the planning and zoning board. (4) Disapprove the application.

57 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 4 The planning and zoning board shall have the option to take such action as it deems necessary and proper upon one hearing. SUMMARY The applicant has submitted a request for a lot split to divide the existing lot into two new parcels. Based on the approved variances, these lots will meet the requirements of the R-NC Zoning District. STAFF RECOMMENDATION Staff recommends approval of the proposed lot split with the following condition: 1. The homes cannot be used individually for office or any commercial use. In order to be used for an office or commercial use they would need to be consolidated with other properties to provide sufficient parking, storm pond, and other commercial development requirements. NEXT STEP If Planning and Zoning Board approves, file with the Orange County Property Appraiser s Office and Office of Public Records.

58 AERIAL PHOTO 16 EAST VINING STREET 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 5

59 SITE PLAN 16 EAST VINING STREET 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 6

60 PROPOSED SURVEY 16 East Vining Street 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 7

61 SITE PHOTOS 16 East Vining Street 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 8 Looking west at corner of Woodland and Vining. Looking at south property line.

62 SITE PHOTOS 16 East Vining Street 16 East Vining Street Lot Split Lot Split - Staff Report July 10, 2017 Page 9 Looking at west property. Looking between the two homes (proposed lot line) END OF STAFF REPORT