HomeMy WebLinkAbout1996 04 22 Regular Item D
t"
COMMISSION AGENDA
ITEM D
REGULAR X
CONSENT
INFORMATIONAL
April 22. 1996
Meeting
MGR (/,+1, /DEP
Authorization
REQUEST: General Services Department (Land Management Division) presenting the Board
of Adjustment's recommendation that the request of John Baldwin for a Special
Exception to Section 20-232(a)(81) of the Code to allow a mini-mart (small
convenience store, snack shop and self-service gasoline sales) be considered a
permitted use.
PURPOSE: The purpose of this Board item is for the Commission to act upon a request of
John Baldwin for a Special Exception to Section 20-232(a)(81) of the Code which
will allow a mini-mart (small convenience store, snack shop and self-service
gasoline sales) on that property located on the north side of State Road 434,
bounded on the east by Fairfax Avenue and on the west by Devon Avenue. The
property has a front footage of230,09 feet and side footage of220 feet
(approximately 1. 16 acres). This property is zoned C-1 Neighborhood
Commercial District and has a Future Land Use Designation of Commercial.
APPLICABLE CODE:
Code Section 20-232(a)(81) - Any other retail store or business enterprise not
listed under any other zoning classification that in the judgment of the board of
adjustment is consistent with those included above, and further, that will be in
harmony with the spirit of this chapter. (Note: Code Section 20-232(a) lists eighty
(80) uses permitted within the C-I Neighborhood Commercial Districts).
Code Section 20-82(I)b - Section 20-82 describes the general duties and powers
of the Board of Adjustment. Section 20-82(1)b states, ". . . The Board of
Adjustment may also recommend the granting of special exceptions with C-1
Neighborhood Commercial Districts when the applicant has not sought a use listed
in Section 20-232, when the use sought will not cause an undue hardship to the
;
April 22, 1996
AGENDA ITEM D
Page 2
area of the city, will not create a hazard or threat to the health, safety and welfare
of the community, will generally comply with the character of the neighborhood
and when the use is in harmony with the intent of the zoning ordinances ofthe city.
Code Section 20-83(h) - "Any variance, special exception or conditional use
which may be granted by the city council shall expire six (6) months after the
effective date of such action by the city commission, unless a building permit based
upon and incorporating the variance, special exception or conditional use is
obtained within the aforesaid six-month period. However, the city commission
may renew such variance, special exception or conditional use for one (1)
additional period of six (6) months, provided good cause is shown and the
application for extension shall be filed with the board at least thirty (30) days prior
to the expiration of the six-month period. Any renewal may be granted without
public hearing, however, a reapplication fee may be charged in an amount not to
exceed the amount of the original application fee....."
CONSIDERA TIONS:
A This item is needed to dispose of a request of John Baldwin for a Special
Exception to Section 20-232(a)(81) of the Code which will allow a mini-mart (small convenience
store, snack shop and self-service gasoline sales) on property zoned C-l Neighborhood
Commercial District and has a Future Land Use Designation of CommerciaL
B. Chronology
January 29, 1996 - Application submitted
March 7,1996 - Board of Adjustment (canceled due to lack of quorum)
March 21, 1996 - Board of Adjustment
ISSUES:
"\
April 22, 1996
AGENDA ITEM _D
Page 3
1) Is this use listed under the C-l Neighborhood Commercial District? A combination of
these three uses is not listed. Code Section 232(a)(31) allows full-service gas stations,
requiring that mechanical repair service be provided. Code Section 232(a)(33) allows
grocers, retail; those whose business include and are limited to the retail sale of groceries
including produce, meats and household goods but shall not include the sale of gasoline.
Code Section 20-232(a)(66) allows restaurants.
2) Is this use listed under any other zoning category? Within the C-2 General
Commercial and Industrial District, Section 20-252(16) allows convenience markets and
stores. The Code has no definition for convenience market and store.
3) Are there any other similar type uses within the C-l Neighborhood Commercial District
within the City of Winter Springs? Yes, there are three (3) - Circle K, Cumberland Farms
and Mobil.
FINDINGS:
1) Notification, certified letters, were sent to all property owners within one hundred fifty
(150) feet of this subject property informing them of this request.
2) The following responses were received:
a) Cindy Kaehler, 7-9 Edgemon Avenue N., telephoned this office and voiced approval
providing that there be ample landscaping. This was conveyed to the Board of Adjustment.
b) Jim and Anette Wade, 11 N. Devon Avenue, were present for the scheduled meeting
of March 7, 1996. Although there was no meeting, they voiced approval providing that there be
ample landscaping and trees. This was conveyed to the Board of Adjustment by the Land
Management Specialist at the meeting of March 21,1996.
c) Nick Lewis, 21 N. Devon Avenue, was also present on March 7, 1996 and agreed
with Jim and Anette Wade. This was also conveyed to the Board of Adjustment at the meeting of
March 21, 1996.
3) The Board of Adjustment found this use to be a permitted use under subparagraph 81
and recommended approval to the City Commission. The Board of Adjustment further permitted
,
April 22, 1996
AGENDA ITEM D
Page 4
this request to be forwarded to the City Commission for action without minutes because of the
infrequency of the meetings held by the Board of Adjustment.
4) A similar request for the Mobil facility located at the intersection of SR 434 and
Tuskawilla Road was granted by the Board of Adjustment on May 4, 1989.
5) This type use, the combination small convenience store, snack shop and self-service
gasoline sales, is becoming more common throughout the nation. Some of these outlets have
McDonald's, or some like fast food concern, collocated on premises.
6) The landscaping concerns will be addressed during Site Plan Review process.
7) There is currently underway planning for a redevelopment area of SR 434 (from just
west of the SR 419/434 intersection going west) overlay district which will address items such as
landscaping, signs, setbacks, etc. If this overlay district is in effect at time of Site Plan
submission, this project will have to abide by this overlay district.
CONCLUSION:
The Board os Adjustment concluded that this is a permitted use under subparagraph 81.
RECOMMENDA TION:
The Board of Adjustment recommends that theCommission approve the request of John
Baldwin for a Special Exception to Section 20-232(a)(81) of the Code to allow a mini-mart (small
convenience store, snack shop and self-service gasoline sales).
Note: If the Commission approves this request, it is recommended that wherever the term
"building permit" is used in Code Section 20-83(h) that the term "site plan" be substituted. The
reason for this request is that this type project must undergo site plan review prior to the issuance
of a building permit. The time frame for site plan review is substantially greater than the time
frame for obtaining a building permit.
,.
April 22, 1996
AGENDA ITEM D
Page 5
ATTACHMENTS:
Packet of photographs showing the subject property and like uses within the City. It is to
be noted that the Hess facility is in C-2 zoning.
Board of Adjustment Minutes of May 4, 1989
Location Plat of Subject Property
COMMISSION ACTION:
~
Board of Adjustment Minutes
May 4, 1989
Page 2
Reid asked about problems with this being a hang-out. LeBlanc stated that the
Police - Chief didn I t think there would be any problems. The owner runs the
business and is there during operating hours.
There was question as to how many games this business will have. . Bergstresser
stated there will be fifteen to twenty games.
-
There was also question as to the hours of operation. Bergstresser stated that
the hours will be from 10:00 a.m. to 10:00 p.m. daily.
Reid asked if there was any one present to speak for or against this request.
There was no one present to speak for or against this request.
Donnelly moved. to approve the request. Seconded Nystrom. Discussion on
motion. Reid moved to amend the motion that this request be granted contingent
upon that it is through the Batting Range when the Batting Range is in
operation and that the only access is through the tatting cages and that there
is adequate parking and the entrance be through the Batting Range and not on
the other side. The amended motion was seconded by Nystrom. Vote: All aye.
Motion carried.
Request of Schrimsher Land Fund II, V, Ltd., for a Special Exception to Section
20-232 (a)(81), of the Code, to Locate a Mobil Gasoline Facility, Snack Shop,
and Car Wash, on Property Zoned C-1 (Neighborhood Commercial District), Located
at the Southeast Corner of State Road 434 and Tuscawilla Road Intersection:
LeBlanc gave his presentation. He stated that this request is to have self-
service gas station and a mini-mart on property zoned C-1. This request first
went to the Planning and Zoning Board for rezoning to C-2. The Planning and
Zoning Board fel t that it was not proper to rezone this property to C-2. This
request then went to the City Commission and the Corronission decided that this
request should come before this Board for a Special Exception. The mini-mart
is approximately six hundred square feet, and does not constitute a convenience
store. Under Section 20.32 of the Code this can be allowed.
Steve Schrimsher spoke on the reqeust. He stated that
attractive brick building to create an atmosphere of quality.
slate type gable roof, and this will be on the car wash
building. There will also be residential type light posts for
the property.
this will be an
There will be a
as well as the
the perimeter of
Schrimsher stated that this will be an up-scale operation and will not promote
a hang-out.
Reid asked about landscaping. LeBlanc stated that this will be brought up at
the Site Plan Review. Schrimsher stated that they will save as many trees as
possible on the perimeter of the property.
~
,j
"'.
Board of Adjustment Minutes
May 4, 1989
Page 3
Nystrom asked about the size of the sign for this business and if the applicant
will come before this Board again for a variance for the sign.
Schrimsher stated that the sign for the business will be of a monument type I
which will be low to the ground and will meet the size requirement set by the
City Code.
Reid asked if there was anyone_present to speak for or against this request.
Vern Kingsberry spoke in favor of the request.
Reid moved to approve the request contingent that this passes the Site Plan
Review with the plans for the up-scale improvements as was stated with the
brick building the slate gable roof and the lamp posts, and leaving as much
foliage and trees as possible; just making it look great for -the area.
Seconded by Tiffaney. Vote: All aye. Motion carried.
The meeting was adjourned at 7:32 P.M.
Respectfully SUbmitted,
~~
Margo Hopkins, Recording Secretary
Board of Adjustment
I~"~'I
~r-li -- .~--
'I' i j I.
! : ::> "
II I ,3 -. 11
I :: I ?i
I :1
i: : I ~ z
Ii I i ~
I:
I' I
...:.J-....
. 3/,
I, f
i I
I', .__k.
.1 L
i"
, '-t:Gw:oo~~ ~EOO=R;:'~ S";R<W> -N::-"'-;
u.u_-\-___, ....." ...,.,,, -"'u__ _.-
I
.r "" - - - - - - - - _ __ _
. r-......... ~
'--'-" ,,-.. /
. -'.-- ,(", --.'-.-.- --.------.----:>..-':.---1-...._..,
f
-------
..r~
---..... -'-'.
---...~.r---;;;
l=J
I
I._:;.;:..~,. -
.r ..~."o. _.. -".. ..~-I1UN .._...
--
-~.,.~
./
8
i
Ii
II
(
,
~,
0- .
/
\>~--... .' -jJ
.-;::- ::!:.=---l ...::: .: . ";;./'
!
i- - - _u - - '-, - i -
I -.-.--------._ .. _ f---~
-,~~-.,- -. -____..: . '._ ..r~/-.
H /
-i- "_ ..~ _ .1
-+
--=':: ~1~ -_..
-,,::.(,.., '""=-=J illJ~: I,
-..... - -..----r-~::_=t~;..;a.;..-..~_=.~
I '--r--':'::'::::..::r<?__..._.. _ '.. _.___ ::;.-
IJ/, ... , _ __ _
~ - .... ~
41 -- ,..-
/-- ..lJ. L - -
- ~::': :iM:
'I!/I
I~: I
I:ill
...J)!/ L.
r ';:.-1
I I
I II
I I
I II
I 1
8
o
11 ::.
..- ~
8
~~
.-]
... /
/,
/" ,
i ,"
'j
/;
//
",'
$
$l
r-,-I
n='"'\'"
-t::.i: .. ---,
~
"-
r:
-'
01 '" ~..
w
::>
z
w
~i
~i
"-
,~
- <(
"-
W
.-----1
7
. Itu.......... "Uot)'"
-- - _-..0 Uh.Jn ..-..:
-b__WlJOOf("';1
- c..-..- I1..ooC.(
.cc....:>o(lt~".
m
- u"';',,, '" "'-0(
-~-........:
-.....IIllC....._
~ 'z=c::~L...-.:: ::;: .~. :-:: ;:..:._..:..... --;. ~~ :::: __ _
I
/
/
,J
;~:;:=: :-=-.::, =--= =.= :.;-..:.:::..,- ~-=
.~X;~~~:~~~:~-:
. r--==:-':..: :~:.:.. ....- -= ~ :. '~_"l:':-
~~:~~2~.i~~==f.;.:::.~~ ~'~7
8ouud6f"J S~l
,_,:,~,:~~-::-:_
'. "OJ ---. '"";;6-4-4001
,'.10
-- _Ice
-""~~~~I~~i',:~~~~=,"~,:,~:: 1_
;
'1
i.)
/
'tl>
,
;
''---------
/
;: ~.
;,:;.-,,.,
I
/
-"
...;~.~~
....:}
.. .,~,
\
\
~.
I
I
I
l
/J
r
, .
'\
\
\
\
{
(I
\
: f
\
\
1\
I \
I '.
~1
.-----
$
.':.
,.:.
',:.:;,#Ao.
\
i]
!
(
1
'b>
!
I
I.
"
.....
~-
.!
/
/
/
!
-h
'~::}
.-~~,~'~
'"
\
\
J "'I
.\
\
\
~
I
i
.
,
/
/
//
l
;I
. f
(!
,
. I
(
r\\
I \
I ;
. .
"10-.,
. .'..,
:---:----
'$
;
'I
~~
.~
"
/.
-h
!; 'I~
. ~'"
..\.\
......
;;},'~
,J',,,
.:~.. ;""
" .~
\,
..,.".
-~(\
\
\
\
\
/,
<;;>
/
I'
i::
",,----
(
I I
I I, ((
; ,
, I I \
.I \
./
;" : !
/1
1/ : i
\
(, I \
// \
\
\
\
;
.,
:'.1
:oj
,':
::; .1',
~
/
"
"
~-.-
/
I
I
/
,I c.,
_". N'.
.:",'
.:.':;~
'/~,' .
.. 1~
~.
~l'
...-~~.~
i
/
f
\
\
; .-,
,\'
\
\
(I
/
I
/
\
\
\
i
(
\
1\
I \
~
,