HomeMy WebLinkAbout1996 06 10 Regular Item A
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COMMISSION AGENDA
ITEM A
REGULAR X
CONSENT
INFORMATIONAL
June 10. 1996
Meeting
MGR ;f~P-f IDEPT ~
Authorization
REQUEST: Land Management Division requesting Commission approval of the First Reading
of Ordinance No. 619 which will amend Sections 20-232(a)(31) and 20-252(24) of
the Code of Ordinances, deleting existing uses and inserting new uses.
PURPOSE: The purpose of this Board item is to:
1) delete an existing use from Section 20-232( a)(31) "Full-service gas station,
requiring that mechanical service be provided,"
2) inserting a new use in Section 20-232(a)(31) "Mini-Mart (convenience store,
snack shop and self-service gasoline sales),"
3) delete an existing use from Section 20-252(24) "Junkyards," and
4) inserting a new use in Section 20-252(24) "Full-service gas station, requiring
that mechanical services be provided."
This action will ensure that the uses allowed in the City's commercial and
industrial districts are more compatible in nature with surrounding uses.
APPLICABLE CODE:
Code Section l-11(b) - Amendments to any of the provisions of this Code may be
made by amending such provisions by specific reference to the section number of
this Code in the following language: "That section _ of the Code of Ordinances,
City of Winter Springs, Florida, is hereby amended to read as follows: . . . ."
The new provisions shall then be set out in full as desired.
Code Section 1-14. Altering Code. - It shall be unlawful for any person in the
city to change or amend by additions or deletions, any part of this Code, or to
insert or delete pages, or portions thereof, or to alter or tamper with such Code in
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June 10, 1996
Agenda Item A
Page 2
any manner whatsoever, except by ordinance or resolution or other official act of the city
commission which will cause the law of the City of Winter Springs, Florida, to be
misrepresented thereby. Any person violating this section shall be punished as provided in
section 1-15.
Section 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.
CONSIDERA TIONS:
A. This item is needed to dispose of the Commission and Board of Adjustment
recommendation that a mini-mart (convenience store, snack shop and self-service gasoline sales
be a permitted use in C-1 Neighborhood Commercial Districts. This mini-mart use will replace
full-service gas stations, requiring that mechanical repair service be provided. The full-service gas
station will be moved to the C-2 General Commercial and Industrial District. Further, this item
will delete junkyards from the C-2 zoning category. The City already has two (2) junkyards
within the corporate limits. This action will avoid a proliferation of junkyards within the City.
B. Chronology
March 21, 1996 - Board of Adjustment approved forwarding the request of
John Baldwin to allow a Mini-Mart (convenience store,
snack shop and self-service gasoline sales) in the C-l
Zoning Category to the Commission. The Board further
recommended that the Mini-Mart be a permitted use in
the C-1 Zoning Category.
April 22, 1996 - Commission Meeting approved the Board of Adjustment
recommendation that a Mini-Mart be a permitted use
in the C-l Zoning Category.
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June 10, 1996
Agenda Item A
Page 3
FlNDlNGS:
A. The Code of Ordinances of the City of Winter Springs, Florida can only be
amended by ordinance or resolution.
B. The Board of Adjustment at their meeting of March 21, 1996 found the
mini-mart concept to be a permitted use under Section 20-232(a)(81) of the Code. This section
only allows the Board of Adjustment to find that a use not listed be consistent with those included
in the C-1 zoning category and be in harmony with the spirit of this chapter (Chapter 20). The
board of adjustment recommended approval to the Commission that this be a permitted use under
Section 232(a).
C. Commissioner Ferring at the Commission Meeting of April 22, ] 996 moved
"to accept the Board of Adjustment's recommendation that.....to allow a mini-mart, small
convenience store/snack shop, and self-service gasoline sales to be considered a permitted
use..... "
D. Upon review of Section 232(a) of the Code, it was found that a full-service gas
station, requiring that mechanical service be provided was an authorized use in the C-1 zoning
category. Mechanical service entails such services as engine repair, oil changes, etc. Because of
this service, it was determined that this is not a compatible use in the Neighborhood Commercial
District. This use is being shifted to the C-2 zoning category.
E. Junkyards are normally found in a category which allows intensive industrial
uses. The C-2 zoning category truly addresses light industrial uses. There are already two (2)
junkyards within the City limits and the removal of the junkyard category will avoid the
proliferation of further junkyards within the City. The only industrial land uses within the City are
found along SR 419 (already built out), the Old Sanford/Oviedo Road and along US 17/92
F. A review of this proposal by the City Comprehensive Planner found that this
proposal is consistent with the provisions of the City's Comprehensive Plan.
FUNDING: None required
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June 10, 1996
Agenda Item A
Page 4
CONCLUSION:
Staff concludes that the proposed changes in the C-l and C-2 zoning categories
is consistent with the Comprehensive Plan and will provide for a pattern ofland
uses more compatible with the land use goals of the community.
RECOMMENDA TION:
It is recommended that the Commission approve the First Reading of this
ordinance and at a later meeting approve the Second Reading and Adoption of
this ordinance.
IMPLEMENTATION SCUEDULE:
Upon approval of the Second Reading and Adoption of the ordinance.
ATTACHMENTS:
March 2], 1996 - Board of Adjustment Meeting Minutes
April 22, ] 996 - Commission Meeting Minute
COMMISSION ACTION:
Regular Meeting City Commission
April 22, 1996
95-96-14
Page 7
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he proposed similar rates in anticipation of this requirement from St. John's. During the permit
process for the 1995 c.u.P. St. John's looked at the rates we adopted and in addition they looked
at the level of service of per capita water consumption, and they felt that the rates that had been
adopted did not go far enough to encourage water conservation necessary to achieve the level of
services. Our problem is inherently with inigation water, that is why the rates are adopted to address
that consumption. For someone without irrigation who uses less than 10,000 gallons a month will
have no change in their rates. Weare now proposing a six tiered rate structure basically going from
a 15,000 gallon increment to 5,000 'gaBon increments. The impact to the residents on the West
System is expected to be about .34 cents a month (on average), the reason for the low number is
because about 80% of the people on the west system doesn't have irrigation systems. For the East
System, the increase is expected to be an average of $3.18 per month.
Mayor Bush asked that he City Manager explain the ordinance to the citizens.
General Services Department
B. Request Commission to give policy direction on how to address requests by the Florida League
of Cities to lobby local legislators. PURPOSE: to give guidance to the City Manager on how to
address requests by the Florida League of Cities to lobby local area legislators during the legislative
session on local bills and state bills of local application: .
Discussion on this item. It was the consensus of the Commission that if there is an emergency
request that the City iVfanager will contact the Commission as to the issue and will also contact the
Tri-County League of Cities to lobby for the City.
C. Request Commission approval ofOrd. No. 618 to vacate a portion of the Flamingo Avenue right-
of-way, a planting easement and utility easement on City owned property. PURPOSE: to cure
existing easement violations and to vacate existing easements and right-of-way located on City owned
property which will allow more flexibility in the future use of the property. The property is located
between N. Moss Road and N. Fairfax Ave. and is part of Public Works/Utility Department and Fire
Station No. 24 complexes:
i\'Iotion was made by Commissioner Conniff to read Ord. 618 by title only. Seconded by
Commissioner lVlcLeod. Discussion. Vote: Commissioner Conniff aye; Commissioner iVfcLeod:
aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. iVfotion
passes. Attorney Kruppenbacher read Ord. 618 by title only.
D. Presenting 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 sel-service gasoline sales) be considered a permitted use. PURPOSE: for the Commission
to act upon a request of John Baldwin for a Special Exception to Section 20-232(a)(8l) of the Code
which will allow a mini-mart on that property located on the north side of State Road 434, bounded
on the east by Fairfa"C Ave. and on the west by Devon Ave.:
Mr. LeBlanc stated that the Board of Adjustment met on this request March 21, 1996, and their
recommendation is that this be a permitted use under subparagraph 81.
Regular Meeting City Commission
April 22, 1996
95-96-14
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:NIr. LeBlanc stated that he had three comments regarding this request, Ms. Cindy Kaehler telephoned
and voiced approval providing there be ample landscaping, this was conveyed to the Board of
Adjustment. On March 7, 1996, there was suppose to be a Board of Adjustment meeting to hear this
request, but due to lack ofa quorum the meeting was rescheduled to March 21, 1996. At the March
7th meeting were Jim and Annette Wade, 11 N. Devon (directly behind the project) and Nick Lewis,
21 N. Devon~ everyone basically said they were in agreement except that there be ample landscaping
and trees if possible. J\tIr. Baldwin agreed to at the date of March 7th, it wasn't on tape but :NIr.
Baldwin talked to the "Vades and :NIr. Lewis.
:NIr. LeBlanc stated that PiIr. Baldwin was unable to be here tonight but ]vIr. Bill Morrison is present
representing J\tlr. .'Baldwin if there are any questions. Pilr. LeBlanc stated that this type use is
becoming more nationwide.
Commissioner Ferring said in J\tIr. LeBlanc's report it states that in the motion on this (if approved)
the Commission should substitute Site Plan instead of Building Permit. Pilr. LeBlanc said that is
correct, because of the Special Exception., this project will need a Site Plan approval before a building
permit is issued. Commissioner Ferring said he understands that the owner of the property is willing
to do what has to be done as far as landscaping~ Commissioner Ferring said the B.O.A. has approved
this, Staffhas approved this with the caveat what we substitute Site Plan instead of Building Permit,
and said that satisfies him.
Manager McLemore said he would be more comfortable that when the motion is made if the motion
incorporated the condition for extra ordinary landscaping.
Commissioner Gennell asked about rear setbacks. :NIr. LeBlanc stated that there is no rear setback
addressed in C-1 zoning, there would be 15 feet on the front side; if the owner chooses to have rear
setbacks, there needs to be enough to maintain it. Commissioner Gennell said her concern goes to
the residential units behind the proposed project, and said she would like to see some buffer in the
back. l\I1r.LeBlanc said there will be a wall. Conunissioner Gennell said she would like to have more
than a wall because we don't want to make the area worse with just a concrete wall; Cornrn.issioner
Gennell said she wants to protect the residential area behind there from having just a concrete wall.
:NIr. Morrison said he has a problem with the term "extra ordinary", he said he doesn't know how to
define extraordinary unless it is defined in the Code somehow; extraordinary can be totally exclusive
and could essentially make the property so that you couldn't improve it. :Nlr. Morrison said he is not
sure that this is actually a Special Exception as much it is a permitted use within your ordinance. The
City has provision for exactly the use that is presented, and said he thinks the restrictions come in
when we make application for Site Plan approval and building permit, based upon that you can either
say we can or can not do what is within the permitted use of your ordinance. If your permitted use
says we can do it then all the Commission has to do is say yes we can do it but only can do it "this"
way and said that is a topic to be addressed at that time and not necessarily at this time. Pilr. J\tIorrison
said he thinks the Commission is trying to prejudge the restrictions on the permitted use.
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Regular Meeting City Commission
April 22, 1996
95-96-14
Page 9
Manager McLemore said his recommendation to the Commission stands to stipulate extraordinary
landscaping that will go into a master plan or site development plan that he believes comes back to
the Commission for review. The Commission will have the opportunity at that time to see if Staff has
taken too many cautions with this project or not. Manager McLemore said Staff will probably require
the developer to plan things that they wouldn't nonnalIy have to plant.
Mr. Monison said Mr. Baldwin will be very cooperative.
!vIr. LeBlanc said item number 7, on page 4, under Findings, in that if the overlay district that is being
planned for that area is in effect at Site Plan submission, this Site Plan will fall.under that.
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lVIotion was made by Commissioner Ferring to accept 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 to be considered a permitted use with the caveats that where application
for a permit is required it be substituted for Site Plan and that in the Site Plan review there
will be extraordinary landscaping included in that particular plan. Seconded by
Commissioner Conniff. Discussion. Commissioner Gennell asked if this was for a six month
period. :Mr. LeBlanc said the six month period wilI commence tonight and there is a stipulation for
an extension for one additional period of six months. Mr. Monison asked if that was six months to
submit a site plan; the answer was yes. Mr. Monison said if this is a permitted use, he thought it was
longer than six months. !vIr. LeBlanc stated that he has listened to the B.O.A. and they wanted to
find this a pennitted use, !vIr. LeBlanc said he does not believe the B.O.A. has that prerogative, !vIr.
LeBlanc said the Code would have to be changed to make this an 82nd use within the Code; if that
is the Commission's desire he could write an ordinance to make it a permitted use and it would not
have to come before the Commission again. Commissioner Gennell said her understanding of the
motion was that this is a six month pennit that is renewable one time. Nfanager McLemore said what
has been raised is a legal issue, over and beyond the policy issues involved and said he suggests the
Commission goes ahead with the motion and the City Attorney and he will review this and if we find
that this is a permitted use then we'll bring it back to the Commission at the next meeting. Vote:
Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye;
Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes.
E. Request Commission consider establishment of a Study Committee to explore the feasibility of
organizing a community fund raising event involving local organizations .PURPOSE: to determine
the feasibility of local community organizations and the City working together in a partnership to
organize a community fund raising event to raise money for local charities and worthy community
proiects as an alternative to direct donations from the City through tax dollars:
Discussion on this item. Attorney Kruppenbacher will review this item from a legal standpoint before
the Commission acts upon it.
Motion was made by Commissioner Conniff to table this item. Seconded by Commissioner
FelTing. Discussion. Vote: Commissioner Conniff aye; Commissioner Fening: aye; Commissioner
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BOARD OF ADJUSTMENT
MEETING :rv.IINUTES
MARCH 21, 1996
The Board of Adjustment Meeting of March 21, 1996, was called to order by Chairman Green at
7:00 p.m. (This meeting rescheduled from March 7, 1996 meeting due to lack ofa quorum)
ROLL CALL:
Elizabeth Harrow, absent
James Greene, Chairman, present
AI Becker, Vice-Chairman, present
Frank Adams, absent
Greg Smith, present
Approval of Minutes of the September 7. 1995 and October 5, 1995 Meetings:
Chairman Greene asked if there were any comments or corrections to the minutes of September 7,
1995 minutes. There were no comments or corrections to the minutes of September 7, 1995 minutes.
Smith moved to approve the minutes of September 7,1995. Seconded by Becker. Vote: All aye.
Minutes stand approved as presented.
Chairman Greene asked if there were any comments or corrections to the minutes of October 5, 1995
minutes. There were no comments or corrections to the minutes of October 5, 1995 mlnutes.
Smith moved to approve the minutes of October 5,1996. Seconded by Becker. Vote: All aye.
Minutes stand approved as presented.
Request of Mr. John A Baldwin for Special Exception in accordance with Section 20-232(81) of the
Code of Ordinances to allow a mini-mart (small convenience store, snack shop and self-service
gasoline sales) within Neighborhood Commercial District, C-I Zoning category. Property is located
north of State Road 434. between Devon Avenue and Fairfax Avenue:
Donald LeBlanc, Land Management Specialist, gave his presentation, LeBlanc stated that this use
was granted in 1989. This request is basically three different items in the C-1 uses.
LeBlanc mentioned that at the regular scheduled meeting of March 7, 1996, which was canceled due
to lack of a quorum, certified letters were sent, and residents were present. The residents present
were: Jim and Annette Wade, 11 N. Devon, they were in favor of the request providing for
landscaping, a wall and trees, Mr. Baldwin and his agent agreed to that. Mr. Nick Lewis, 21 N.
Devon, also was in favor of the request providing the landscaping and wall. Ms. Cindy Kaehler, N.
Edgemon, called and stated she was in favor of the request providing for landscaping.
LeBlanc also stated that the certified letters were also sent for this rescheduled meeting and said he
has not received any calls.
Chairman Green asked what is the fencing and landscaping requirements. LeBlanc stated the
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Minutes
Board of Adjus!ment
March 21, 1996
Page 2
landscaping will have to ensure that when the plans come in there is sufficient landscaping, the wall
will be a masonry wall behind the property at 6' high. When the Site Plan comes in, we will ensure
that there is sufficient landscaping.
LeBlanc stated that Mr. Baldwin and his agent talked to the property owners who were present at
the March 7, 1996 meeting and Mr. Baldwin and his agent agreed that there would be sufficient
landscaping trees. Mr. Baldwin stated (on numerous occasions) that he subscribes to good
landscaping.
Greene stated that each of the individual uses are allowed under this present zoning but a combined
usage is not listed as an acceptable use, is that correct?
LeBlanc stated that the only difference is the gas station usage in the Code states a full mechanic, but
the Mobil Station that was approved in 1989 is not full service and does not have a mechanic.
LeBlanc stated that Mr. Baldwin and his agent are present for any questions.
Smith asked about driveway cuts on S.R 434. LeBlanc stated that S.R 434 is permitted by D.O.T.,
the City does not have control of S.R. 434.
Becker asked what is the difference between this place and the place right next door. Greene stated
that there basically isn't any difference but the Code doesn't specifically allow it so it has to come
before the Board of Adjustment.
Mr. Baldwin, applicant, gave the clerk photos showing other area mini-marts/gasoline stations to
make part of the record.
Mr. Baldwin stated that he feels this is a permitted use and stated that Mr. LeBlanc feels this needs
a Special Exception. Mr. Baldwin read from the Code, permitted use: any other retail store or
business enterprise not listed under any other zoning classifications (this composite of uses is not
listed that way) that in the judgement of the Board of Adjustment is consistent with those included
above and that is in further harmony with the spirit of this Chapter. Mr. Baldwin stated that he feels
he is a permitted use on this property and if the Board finds he is, he doesn't think he falls into the
special exception category.
Mr. LeBlanc stated that he feels this needs to go before the Commission as Chapter 20 states, the
Board of Adjustment is a recommending body.
Smith asked what the square footage of the building would be. Mr. Baldwin stated that it would be
Minutes
Board of Adjustment
March 21, 1996
Page 3
governed by Code.
Greene stated he is in agreement with Mr. Baldwin in reading under subparagraph 81, you are a
permitted use if the Board says you' are a permitted use, but you become a permitted use which still
has to be approved by the City Commission because this Board no longer has the power to say that.
:Motion was made by Smith that this request is a permitted use under subparagraph 81.
Seconded by Becker. Vote: Becker: aye; Greene: aye; Smith: aye. Motion passes.
Mr. LeBlanc asked if he present this item to the Commission prior to the minutes being approved.
Greene stated yes.
Motion was made by Becker to adjourn. Seconded by Smith. Vote: all aye.
The meeting adjourned at 7:12 p.m.
Respectfully Submitted,
Margo M. Hopkins,
City Clerk
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ORDINANCE NO, 619
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING SECTION 20-232(a)(31) USES PERMITTED WITHIN
ANY C-l NEIGHBORHOOD COMMERCIAL DISTRICT (DELETING
EXISTING USE AND INSERTING A NEW USE), AND SECTION
20-252(24) USES PERMITTED WITHIN C-2 GENERAL COMl\'IERCIAL
AND INDUSTRIAL DISTRICTS (DELETING EXISTING USE AND
INSERTING A NEW USE), CHAPTER 20 OF THE CODE OF
ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA, PROVIDING
,
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
determined that the following amendments to the Code of Ordinances is in the best
interest of the City of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMl\'lISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, HEREBY ORDAINS:
SECTION 1 - That Sections 20-232(a)(31) and 20-252(24) of the Code of
Ordinances, City of Winter Springs, Florida, are hereby amended to read as
follows:
Section 20-232(a)(31) Mini-Mart (convenience store, snack shop and self-service
gasoline sales)
Section 20-252(24) Full-service gas stations, requiring that mechanical repair
service be provided.
SECTION II - If any section or portion of a section of this ordinance proves to
be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the
validity, force or effect of any other section or portion of a section of this ordinance.
SECTION III - That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION IV - This ordinance shall take effect immediately upon its passage
and adoption.
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Passed and adopted this
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
day of
, 1996.
JOHN F. BUSH, MAYOR
THIS INSTRUMENT WAS PREPARED BY:
Donald R. LeBlanc
City of Winter Springs
1126 East SR 434
Winter Springs FL 32708