HomeMy WebLinkAboutSpanish Lakes #1WYNNE BUILDING CORPORATION PETITION FOR VARIANCE – BUILDING SETBACK and UNIT SEPARATION SPANISH LAKES #1 July 22, 2010 File No.: 10-117.001.04 Underline is for addition from _(reserved)_
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PETITION FOR VARIANCE – BUILDING SETBACK and UNIT SEPARATION SPANISH LAKES #1 For WYNNE BUILDING CORPORATION Prepared by: Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce,
Florida 34982 (772) 464-3537 June 24, 2010 (Revised July 22, 2010) St. Lucie County File No: BA-620104072 ?
WYNNE BUILDING CORPORATION PETITION FOR VARIANCE – BUILDING SETBACK and UNIT SEPARATION SPANISH LAKES #1 July 22, 2010 File No.: 10-117.001.04 Underline is for addition from _(reserved)_
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WYNNE BUILDING CORPORATION PETITION FOR VARIANCE – BUILDING SETBACK and UNIT SEPARATION SPANISH LAKES #1 July 22, 2010 File No.: 10-117.001.04 Underline is for addition from _(reserved)_
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TABLE OF CONTENTS Section I Petition For Variance – Building Setback and Unit Separation -Spanish Lakes #1...............................................1 Section II Exhibits ........................
................................................................................13 Exhibit A Legal Descriptions/Sketch and Description/Property Appraisers Card/Fla. Corporate Summary
Sheet....................... 15 Exhibit B Property Deed................................................................................. 27 Exhibit C Location Map -Close..............................
...................................... 31 Exhibit D Parcel Parcel ID/SLC Property Tax Map.............................................. 35 Exhibit E Site Aerial.......................................
................................. ................ 39 Exhibit F Area Future Land Use Map............................................................ 43 Exhibit G Area Zoning Map......................
...................................................... 47 Exhibit H Illustration of Unit Placement........................................................ 51 Exhibit H Agency Review
Letters ................................................................... 55 Section III Copies of all submittal correspondence............................................. 59
WYNNE BUILDING CORPORATION PETITION FOR VARIANCE – BUILDING SETBACK and UNIT SEPARATION SPANISH LAKES #1 July 22, 2010 File No.: 10-117.001.04 Underline is for addition from _(reserved)_
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc SECTION I PETITION FOR VARIANCE – BUILDING SETBACK and UNIT SEPARATION SPANISH
LAKES #1
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Project Information: Project Name: Spanish Lakes I – Variance to Building Separation
Standards Site Address: c/o 8000 South US 1, Ste 402, Port St. Lucie, Florida, 34952 Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary – also must be provided
in MS Word format on CD) See Attached Property Location – Section/Township/Range: See legal Property Size – Acres: 282 (mol) Square Footage: n/a Future Land Use Designation: RU (Residential
Urban) Zoning District: RMH-5 (Residential Mobile Home – 5 du/ac) Description of Project: The purpose of this requested variance is to seek amendment to the existing building separation/setback
standards applied to/in the Spanish Lakes I Mobile Home Park community. This amendment will vary the minimum yard separation/setback standards for the Spanish Lakes I Mobile Home Park
community that are recognized under Section 10.00.03 of the St. Lucie County Land Development Code as being the applicable standards governing this particular Mobile Home Park and will
permit the introduction of conventionally constructed homes in the Spanish Lakes I, Mobile Home Community. Refer to attached Exhibit for identification of building separation/setback
standards. (Attach additional sheets if necessary) Type of Construction (Check all applicable boxes) Commercial Total Square Footage: Existing Proposed Industrial Total Square Footage:
Existing Proposed Residential No. of Residential Units Existing 1,387 Proposed 1,387 No. of Subdivided Lots Existing Proposed Other Specify Number and size of out parcels (if applicable):
Page 4 of 6 Revised May 27, 2010
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc SITE LEGAL DESCRIPTION PARCEL ID NUMBERS (as of date of application): Parcel ID
Numbers 3426-500-0450-000-1 3426-500-1200-000-1 3426-500-0727-000-4 3426-500-0181-000-4 3426-500-1057-000-3 3426-500-0021-000-5 3426-500-0636-000-9 3426-500-1032-000-2 3426-500-0025-000-3
3426-500-0310-000-8 3426-500-0520-000-3 3426-500-1256-000-8 3426-500-0854-000-3 3426-500-1212-000-8 3426-500-0378-000-2 3426-500-0955-000-1 3426-500-0283-000-9 3426-500-1045-000-6 3426-500-0633-000-8
3426-500-1068-000-3 3426-500-0725-000-0 3426-500-0645-000-5 3426-500-1006-000-1 3426-500-0256-000-1 3426-500-0517-000-9 3414-501-1701-000/9 SITE SIZE: 282 acres (mol) LEGAL DESCRIPTION:
Being a parcel of land lying in Section 26, Township 36 South, Range 40 East, St. St. Lucie County, Florida, being more particularly described as follows: Begin at the Northwest corner
of said Section 26; thence N89°52'05"E, along the North line of Section 26, a distance of 2,639.20 feet to the North 1/4 corner of Section 26; thence N89°57'44"E a distance of 2,647.39
feet to the Northeast corner of Section 26; thence S00°17'57"E, along the East line of Section 26, a distance of 2,650.10 feet to the East 1/4 corner of Section 26; thence S89°56'02"W
a distance of 4,106.37 feet to the Easterly right-of-way line of U.S. Highway No. 1 (State Road No. 5), a 200.00 foot wide right-of-way; thence N27°56'07"W, along said Easterly right-of-way
line, a distance of 2,544.10 feet to the West line of Section 26; thence N00°19'01"W, along the West line of said Section 26, a distance of 399.32 feet to the POINT OF BEGINNING. LESS
AND EXCEPT the public road rights-of-way for Mediterranean Blvd S. (a 100' wide right-of-way), and Silver Oak Drive (a 100' wide right-of-way).
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc VARIANCE APPLICATION SUPPLEMENT REFER TO ST. LUCIE COUNTY LAND DEVELOPMENT CODE
SECTION 10.01.00 FOR DETIALS 1. I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section
from the LDC from which the variance is requested.) The purpose of this requested variance is to seek amendment to the existing building separation/setback standards applied to/in the
Spanish Lakes I Mobile Home Park community. This amendment will vary the minimum yard separation/setback standards for the Spanish Lakes I Mobile Home Park community that are recognized
under Section 10.00.03 of the St. Lucie County Land Development Code as being the applicable standards standards governing this particular Mobile Home Park and will permit the introduction
of conventionally constructed homes in the Spanish Lakes I, Mobile Home Community. Refer to attached Table A-1 for identification of building separation/setback standards. 2. What is
the purpose of the proposed variance and the intended development of the subject property if the variance is granted: Many of the mobile/manufactured homes in this community are reaching
the end of their useful life. Building code changes in manufactured home construction have moved the costs of these homes to being competitive with the cost of conventional construction.
Spanish Lakes/Wynne Building Corporation have been offering the option of conventional CBS (concrete block structure) construction in lieu of manufactured home construction in many of
their communities since the early 2000’s in recognition of the interest in this type of housing product. To permit these conventionally constructed units in the Spanish Lakes I, Mobile
Home Community, we find that we must make some minor modifications to the building separation/setback control standards used with this community. The amended separation/setbacks standards
will establish a uniform set of standards that will permit the construction of conventionally constructed homes in the Spanish Lakes I Mobile Home Community as well as placing new/replacement
mobile/manufactured homes in this community. Refer to attached Table A-1 for identification of building separation/setback standards. 3. State the specific hardship imposed on the owner
by the LDC? Application of the existing side and rear yard separation standards will not permit the introduction of conventionally constructed units within the Community. The reduction
to the side and rear yard separation standards recognizes that with the conversion of manufactured/mobile home units into conventionally constructed residential units, building code
and material standard changes permit a tighter placement of structures. Granting the requested variations to the previously recognized setback and separation controls applicable to this
community will allow for the progressive conversion of these manufactured/mobile home units into conventionally constructed residential units while maintaining the previously approved
unit levels.
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc 4. State reasons why this hardship is unique to the owner and why other property
similarly situated does not suffer from the same hardship. Wynne Building Corporation maintains title to the underlying property on which all homes in the various Spanish Lakes communities
are constructed. Housing unit pads/manufactured home sites are leased to private parties through long term lease arrangements. There are no “lots” in the traditional sense of property
division/ownership in the Spanish Lakes Community. There are, for local permitting purposes, building areas identified for the purpose of demonstrating compliance with the applicable
building separation/setbacks standards for the Spanish Lakes I Mobile Home Community. With the change in market interest to units of conventional construction, Wynne Building Corporation
has identified that in the Spanish Lakes I Mobile Home Community, the existing building separation/setback controls, that were established in 1974 when this project was first approved
by St. Lucie County and that continue to be used for the placement of manufactured homes in this community, do not provide for the efficient location of these conventionally constructed
units. Specifically, with the change in construction materials (conventional -v-manufactured), the side to side separation of units does not need to be maintained at 15 feet. With changes
in building materials, most typically used in conventional construction, this unit separation may be reduced to as little as 12 feet. This reduction permits a more standard sized unit
and accounts for changes in wall system widths without the loss of additional interior occupancy space. The rear yard separation is reduced to a minimum of 20 feet between all units.
5. State State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. Wynne Building Corporation
maintains title to the underlying property on which all homes in the Spanish Lakes communities are constructed. Housing unit pads/manufactured home sites are leased to private parties
through long term lease arrangements. There are no “lots” in the traditional sense of property division/ownership in the Spanish Lakes Community. There are, for local permitting purposes,
building areas identified for the purpose of demonstrating compliance with the applicable building separation/setbacks standards for the Spanish Lakes I Mobile Home Community. 6. State
reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. The requested variances
building separation/setbacks standards for the Spanish Lakes I Mobile Home Community do not authorize any addition units in this community, thus there will be no “new” or “additional”
impacts on the local community infrastructure (including public infrastructure). The addition of conventional construction within this community is expected to result in a positive impact
on property values as conventional construction is seen as more likely to appreciate in value as opposed to the depreciation in values that can occur as modular, or manufactured, homes
age. All applicable fire and life safety codes will be complied with.
WYNNE BUILDING CORPORATION PETITION FOR VARIANCE – BUILDING SETBACK and UNIT SEPARATION SPANISH LAKES #1 July 22, 2010 File No.: 10-117.000.04 Page 11r addition)_ application material
P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc 7. State why this variance is the minimum variance that will make possible a reasonable
use of the land, building and structures. The relief granted through amending the minimum building separation/setbacks standards for the Spanish Lakes I Mobile Home Community will permit
the introduction of a conventional construction throughout the community. The variation of the existing side and rear yard setback (unit separation) standard represents the minimum required
to provide for the introduction of conventional constructed units in this community. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St.
Lucie County Comprehensive Plan. The requested relief to be granted through amending the minimum building separation/setbacks standards for the Spanish Lakes I Mobile Home Community
will permit the introduction of a conventional construction throughout the community. The requested variances building separation/setbacks standards for the Spanish Lakes I Mobile Home
Community do not authorize any addition units in this community, thus there will be no “new” or “additional” impacts on the local community infrastructure (including public infrastructure).
The addition of conventional construction within this community provides for a redevelopment opportunity on this site that is expected to result in a positive impact on property values.
Conventional construction is seen as more likely to appreciate in value as opposed to the depreciation in values that can occur as modular, or manufactured, homes age. 9. Is this variance
request located within a Homeowners or Property Owners Association? YES ______ NO ___xx___ . If yes, then letter is required. • For any variance request within an area that has a Homeowners
or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association n/a 11. Is there a letter from
that association attached? YES _____ NO ___xx___ n/a • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this
application.
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc See attached. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect
or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied
by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. N/A. • Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements,
proof of recorded legal access shall be furnished with the application. N/A. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for
a variance and will be prepared to answer these questions at the public hearing. Dennis J. Murphy D J. Murphy Applicant or Agent Name (printed) Signature
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Table 1 Building Separation/Setback Standards Minimum Yard Front (1) Front cul-de-sac
(1) Side Side @Corner (1) Rear RMH-5 Zone District Minimum Standards 25 25 10 20’ 15’ existing mobile home setback/separation (2) 10 10 15' min separation structure to structure 15’
15’ new setback/separation standards – all types of construction 10 10 12' min separation structure to structure 15’ 20' min separation structure to structure Do the provisions of section
10.01.03 apply? No no no no no If section 10.01.03 does not apply, why? Section 10.01.03 only addresses Lot Width and Minimum Road Frontage for individual lots of record. The Spanish
Lakes I community is looked at as one (1) large tract, not a series of individual building sites. Notes: 1.) yard setbacks are measured from edge of street pavement 2) existing mobile
home setback/separation standards are based on the “grandfathered” standards applied at the time of original development of the Spanish Lakes I MHP. The RMH-5 standards do not apply
to this park.
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit A Site Legal Description Sketch and Description Property Appraisers Card
Fla. Corporate Summary Sheet (Wynne Building Corp)
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc SITE LEGAL DESCRIPTION PARCEL ID NUMBERS (as of date of application): Parcel ID
Numbers 3426-500-0450-000-1 3426-500-1200-000-1 3426-500-0727-000-4 3426-500-0181-000-4 3426-500-1057-000-3 3426-500-0021-000-5 3426-500-0636-000-9 3426-500-1032-000-2 3426-500-0025-000-3
3426-500-0310-000-8 3426-500-0520-000-3 3426-500-1256-000-8 3426-500-0854-000-3 3426-500-1212-000-8 3426-500-0378-000-2 3426-500-0955-000-1 3426-500-0283-000-9 3426-500-1045-000-6 3426-500-0633-000-8
3426-500-1068-000-3 3426-500-0725-000-0 3426-500-0645-000-5 3426-500-1006-000-1 3426-500-0256-000-1 3426-500-0517-000-9 3414-501-1701-000/9 SITE SIZE: 291 acres (mol) LEGAL DESCRIPTION:
Being a parcel of land lying in Section 26, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Begin at the Northwest corner of
said Section 26; thence N89°52'05"E, along the North line of Section 26, a distance of 2,639.20 feet to the North 1/4 corner of Section 26; thence N89°57'44"E a distance of 2,647.39
feet to the Northeast corner of Section 26; thence S00°17'57"E, along the East line of Section 26, a distance of 2,650.10 feet to the East 1/4 corner of Section 26; thence S89°56'02"W
a distance of 4,106.37 feet to the Easterly right-of-way line of U.S. Highway No. 1 (State Road No. 5), a 200.00 foot wide right-of-way; thence N27°56'07"W, along said Easterly right-of-way
line, a distance of 2,544.10 feet to the West line of Section 26; thence N00°19'01"W, along the West line of said Section 26, a distance of 399.32 feet to the POINT OF BEGINNING. LESS
AND EXCEPT the public road rights-of-way for Mediterranean Blvd S. (a 100' wide right-of-way), and Silver Oak Drive (a 100' wide right-of-way).
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit B Property Deed
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit C Location Map -Close
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit E Site Aerial
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit F Area Future Land Use Map
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit G Area Zoning Map
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit H Illustration of Unit Placement
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc Exhibit I Agency Review Letters
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc [ Reserved ]
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P:\proj-2010\10-117.000\Ph 4_spanish lakes SP-1\applications and forms\petition for variance\072210.doc SECTION III Copies of Review Correspondence and Petitioner Response
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