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HomeMy WebLinkAbout1999 07 12 Regular Item D COMMISSION AGENDA ITEM D Consent Informational Public Hearing Regular X July 12, 1999 Meeting REQUEST: The Community Development Department - Land Development Division requests the City Commission consider a variance request from the Winter Springs Golf Club to allow a second monument base sign to be located less than 200 feet from another monument base sign. PURPOSE: The purpose of this Agenda Item is to request the Commission consider granting a variance to allow a second monument base sign to be located less than 200 feet from another monument base sign at the entrance to the Winter Springs Golf Club. The proposed monument signs, if allowed, would be 121' apart. The S.R. 434 Redevelopment Overlay District separation requirement for monument based signs is 200' minimum. JULY 12, 1999 REGULAR AGENDA ITEM D Page 2 APPLICABLE LAW AND PUBLIC POLICY: The provisions of Sec.20-82 of the City Code which states in part: "The board of adjustment shall make recommendations to the City Commission to grant any variance or special exception as delineated in this chapter. . ." The provisions of Sec. 20-466(b) which state: "One (I) wide-based monument style permanent project identification sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. The provisions of Sec. 20-466( e) which state: "Under special circumstances, such as for parcels on comer lots, additional signs consistent with these design standards may be approved by the City commission, upon a request submitted to the Board of Adjustment pursuant to Sec. 20-82 and 20-83 of the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary to the public interest and where, due to special conditions, a literal translation of the sign code would result in unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning vanances. CHRONOLOGY: September 1, 1998 Pre-application meeting held with developer where it was stated that the 434 Redevelopment corridor Vision Plan would apply. January 28, 1999 Building Permit for Entry Wall issued. February 16, 1999 Labinsky Letter to Don LeBlanc where it was acknowledged that the redevelopment plan was in effect. March I, 1999 Grimms Memorandum to Don LeBlanc stating that the 434 Redevelopment Corridor Vision Plan would apply. March 12, 1999 Preliminary Meeting on Parking Lot Improvements for Winter Springs Golf Course (no minutes for this meeting). CDD/07/07/99/8:01 AM JULY 12, 1999 REGULAR AGENDA ITEM D Page 3 May 25, 1999 Stop Work Order issued for signs being less than two hundred (200) feet apart. July 1, 1999 The Board of Adjustment considered the variance request of Meadowbrook Winter Springs, LLC. and recommended denial. CONSIDERATIONS: · The applicant is requesting that the signs be spaced approximately one hundred twenty one (121) feet apart, a variance of approximately seventy nine (79) feet. · The criteria on which the Board of Adjustment can recommend granting a variance are found in Section 20-82(c) of the City Code [found on Page 2 of the Staff Report to the Board of Adjustment "Agenda Item A" in the Attachment accompanying this Commission Agenda Item] · The Board of Adjustment held a meeting on July 1, 1999 and considered a variance request by Meadowbrook Winter Springs, LLC, (dba Winter Springs Golf Club for a variance to Sec 20-466(b) of the City Code to allow ground mounted single-tenant identification signs to be located less than two hundred (200) feet apart. The signs are to be constructed at the entryway to the Winter Springs Golf Club. The Board voted unanimously to disapprove the request for a vanance. STAFF RECOMMENDATION: Staff recommends the City Commission deny a variance request to allow a second monument base sign to be constructed less than 200 feet from another monument base sign at the entrance to the Winter Springs Golf Club. ATTACHMENTS: A. Staff Report to the Board of Adjustment "Agenda Item A" B. July 1, 1999 Minutes of the Board of Adjustment CDO/07/07/99/8:01 AM JULY 12, 1999 REGULAR AGENDA ITEM D Page 4 COMMISSION ACTION: CDD/07/0719918:01 AM ATTACHMENT A BOARD OF ADJUSTMENT AGENDA ITEM A July L 1999 Meeting REQUEST: Community Development Department, Land Development Division, presents to the Board of Adjustment the request of Meadowbrook Winter Springs, LLC, D/B/A Winter Springs Golf Club for a variance to Section 20-466(b) of the Code to allow Ground Mounted Single-Tenant Identification Signs to be spaced less than two 'hundred (200) feet apart. The signs are.to be constructed at the entryway to the Winter Springs Golf Club at 900 West SR 434, PURPOSE: The purpose of this agenda item is to consider a variance request of Meadowbrook Winter Springs, LLC, D/B/A Winter Springs Golf Club, and then recommend to the City Commission their findings on this variance request to allow Ground Mounted Single-Tenant Identification Signs to be spaced less than two hundred (200) feet apart, The signs are to be constructed at the entryway to the Winter Springs Golf Club at 900 West SR 434. ' APPLICABLE CODE: Section 20-466(b) - Signs. Ground Mounted Single-Tenant Identification Sign: One (1) wide-based monument style permanent project identification sign shall be permitted per single- tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (I) ingress/egress serving more than one (I) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. Note: The applicant is requesting that the signs be spaced approximately one hundred twenty one (121) feet apart, a variance of approximately seventy nine (79) feet. Section 20-466(e) Additional Signs/Variances: Under special circumstances, such as for parces on corner lots, additional signs consistent with these design standards may be approved by the City Commission, upon a request submitted to the Board of Adjustment pursuant to Sec, 20-82 and 20-83 of the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where July 1, 1999 BOA Agenda Item A Page 2 such variances will not be contrary to the public interest and where, due to special conditions, a literal translation of the sign code would result in unnecessary hardship, All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances, Section 20-82. Duties and powers, general. The board of adjustment shall make recommendations to the city commission to grant any variance or special exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: a, b, c, To recommend upon appeal such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship, In order to recommend any variance from the terms of this chapter, the board of adjustment must and shall find: 1, That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant July 1, 1999 BOA Agenda Item A Page 3 5, That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. 6, That the grant of the variance will be in harmony with the general intent and purpose of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare, d, ."" (2) In recommending the granting of any variance, the board of adjustment may recommend appropriate conditions and safeguards, Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. (3) Under no circumstances shall the board of adjustment recommend the granting of a variance to permit a use not generally or by special exception permitted in the zoning district involved, or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning classification or district, and no permitted use of lands, structures or buildings in other zoning classifications or districts shall be considered grounds for the authorization of a vanance. (4) (5) Section 20-83. Procedures. (a) Upon receipt, in proper form and with appropriate fees, an application for a variance, special exception or conditional use as delineated in this chapter, the board of adjustment shall schedule such application for consideration at a public meeting, (b) All such applications will be processed within sixty (60) days of receipt of same. July 1, 1999 BOA Agenda Item A Page 4 (c) All meetings for consideration of a variance, special exception or conditional use shall be noticed for at least seven (7) days prior to the date of the meeting in the following manner: (1) Posting the affected property with a notice of the meeting which indicates the matter to be considered. (2) Posting in city hall a notice of the meeting which indicates the property affected and the matter to be discussed. (3) At least seven (7) days prior to the meeting, the board of adjustment shall also notify all owners of property adjacent to or within one hundred fifty (150) feet of the property to be affected of the time, date and place of the meeting. Such letter must also indicate the variance, special exception, or condition use requested, and must require proof of delivery. (d) All interested persons shall be entitled to be heard at such meetings or to be heard by written statement submitted at or prior to such hearing, (e) In the event a special exception, variance or conditional use is not authorized by ordinances of the city, the person requesting the unauthorized action must submit an application pursuant to section 20-28. (f) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning regulations, Such appeal shall be taken within thirty (30) days after such decision is made by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board, The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers or other material constituting the record upon which the action appealed from was taken, (g) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and make recommendations to the city commission for the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney, For procedural purposes, an application for a special exception shall be handled by the board of adjustment the same as for appeals, July 1, 1999 BOA Agenda Item A Page 5 (h) Any variance, special exception or conditional use which may be granted by the 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, It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance, special exception or conditional use previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed, and a building permit based upon and incorporating the variances, special exceptions or conditional uses has not been issued prior to expiration of such time limit. CHRONOLOGY: September 1, 1998 - Pre-application meeting held with developer where it was stated that the 434 Redevelopment Corridor Vision Plan would apply January 28, 1999 - Building Permit for Entry Wall issued February 16,1999 - Labinsky Letter to Don LeBlanc where it was acknowledged that the redevelopment plan was in effect March 1, 1999 - Grimms Memorandum to Don LeBlanc stating that the 434 Redevelopment Corridor Vision Plan would apply March 2, 1999 - Preliminary Meeting on Parking Lot Improvements for Winter Springs Golf Course (no minutes for this meeting) May 25, 1999 - Stop Work Order issued for signs being less than two hundred (200) feet apart July 1, 1999 BOA Agenda Item A Page 6 FINDINGS: 1) Courtney Springs Apartments, located south ofSR 434 and west of Vista willa Drive was granted a similar variance, but this was done through a Development Agreement. 2) Winter Springs Golf Course was informed as early as September I, 1998 that the SR 434 Corridor Vision Plan, Redevelopment Area guidelines would apply. 3) The permit application did show that the signs were to be constructed, but the distance between signs was not noted, 4) A Development Agreement is allowed under the S.R. 434 Corridor Vision Plan, Redevelopment Area, The operative sections of the Vision Plan are: Section 20-470. Development Agreement Any developer may propose to enter into a developer's agreement with the City designed to set forth terms and conditions appropriate to meet the circumstances of the specific proposed development. Such Development Agreement shall be reviewed and approved by the City Commission, The City Commission may vary the standards of this ordinance, including building or perimeter setbacks, standards, signage, and other standards, If an increase in building height beyond thirty-five (35) feet is requested, the City Commission must find that Fire Department capabilities are adequate to address the change, Such consideration shall be based on building site constraints or physical characteristics of the property, provided specifically, however, that any such concessions for a constrained site shall only be considered by the City Commission in a Development Agreement if enhanced perimeter landscaping or buffering is provided to assure that the objectives of this ordinance are achieved, Section 20-471. Corridor Design Review Board. The Development Review Committee shall serve as the Corridor Design Review Board for developments in the Redevelopment Area Overlay Zoning District of the S.R. 434 Corridor and shall review such developments for a unifying theme according to the design standards and make recommendation(s) to the Planning and Zoning Board, The Design Review Board shall review and make a recommendation regarding any proposed Development Agreement pursuant to Section 20-470 of this Code, 5) The requirements listed under Section 20-82(1)(c) have not been met. July 1, 1999 BOA Agenda Item A Page 7 6) The requirements of Section 20-83(c) have been met. RECOMMENDA TION: The Board of Adjustment forward this application to the City Commission with the recommendation to disapprove this request Further, the Board of Adjustment recommend to the City Commission that this request be considered under Sections 20-470 and 20-471 which address Development Agreements. ATTACHMENTS: September 1, 1998 - Pre-application meeting held with developer where it was stated that the 434 Redevelopment Corridor Vision Plan would apply January 28, 1999 - Permit application with approval stamp February 16, 1999 - Labinsky Letter to Don LeBlanc where it was acknowledged that the redevelopment plan was in effect March 1, 1999 - Grimms Memorandum to Don LeBlanc stating that the 434 Redevelopment Corridor Vision Plan would apply - Aerial view of property and location of signs hilited BOARD OF ADJUSTMENT ACTION Note: If any member of the BOA requires another copy of the Corridor Vision Plan, please notify Don LeBlanc, ~~:j '.".;'. ..'. ". .. " , " , '.: . i;., , 'J: , .. J .' '( "",' \ " r 1 -. .";' /' "~'... " ".!.' . (.. ;1:!' ~) ~ '. .~\~ :' :~. '. ,'. ,; '..J. , ra; .~ ..... '.I' , "I I '1 . j. ", Mo"1:M:~ '1Yr~";<~';f+" I" C::o~?t?rE:: F'~ os 3000, !1f E:. ft,: c1 J2.Apt;:. ~ 0 r~~I~N . 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'.' .': -: D~AWI'<<.. . ,:,':': ( September 4, 1998 To: Mayor Commission Thru: Ron McLemore, City Manager Thru: Charles Carrington, Community Development Direc!,or {J~ Don LeBlanc, Land Development Coordinator -{p'/ From: Re: Pre-application Meeting Winter Springs Golf Course The above referenced pre-application meeting as it relates to the Winter Springs Golf Course (west side of town) was held on September I, 1998. D. Bumpus and R Henson represented the project. Staff members present were Carrington, Grimms, Houck, Jenkins, Lallathin, LeBlanc and Lockcutf It was stated that the ownership of the golf course had changed hands and the owners desire to make improvements. The first item to be done is the renovation of the club house/restaurant area. A site plan is not required for this, But, if the renovation is greater than 50% valuation, the building will have to meet current Code. The fire hydrant must be 350' from the club house. Later, there is a possibility of repositioning the parking lot and developing the commercial acreage to the front of the club house. This will require site plan review and adherence to the SR 434 Redevelopment Corridor Vision Plan. Another pre-application meeting will be held once final determination has been made as to the development of the commercial acreage. cc: Staff "'" ( RICHARD M. LABIN~'KY, P,E.tINe. CONSULTING ENGINEERING SERVICES ( February 16, 1999 Mr. Don LeBlanc 1126 E. S.R 434 Winter Springs, Fl. 32708 Re: Winter Springs Golf Club, Entrance and Drive Plan Dear Mr. LeBlanc~ Enclosed please find 9 sets of the engineering plans, drainage calculations, an application and a fee check for the Entrance and Drive construction at the Winter Springs Golf Course. Weare proposing to reconstruct the western entrance to allow better access movements, to add islands along the entry drive and to extend a driveway around to the front of the building to allow better access for bag drop off. The new islands will be curbed but the old islands will remain as is. We will be removing the bay trees in front of the building and providing replacement trees as needed based on review by Ray Gerrit. We will also be adding trees in the existing islands and landscaping along the front and sides of the building. All areas will be irrigated. The replacement trees needed will be installed along the SR 434 RO.W. per the redevelopment plan requirements. Please review and comment on these plans. Si~ Richard M. Labinsky, P.E. Wsdlepresub cc. Larry Roberts J08 Essex Drive Longwood. Florida 32779 Phone (407) 788-3687 Fax 788-8069 . (' ( CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development i ! MEMORANDUM i ! i I I I i TO: Don ~eBlanc, Land Development Coordinator I I I FROM: Thoias Grimms, AICP Comprehensive Planning Coordinat~ if- I i DATE: March 1, 1999 I I I RE: Wint~r Springs Golf Course Parking Lot Improvements ! , . There no issues rela(ed to the Comprehensive Plan. ; . There are no regulari zoning district issues. . This project is subjebt to the S.R. 434 Redevelopment Area Overlay District Regulations. I I · There is no Landscape Plan presented - need to present one for review per the S.R. 434 Redeveloptnent Area Overlay District Regulations. I I · Need to show signage plan. ,.1_.. . ." ,~. - ~~ -~. ..-~-_., -- ,.~~=:.::--_-----.:.:-..._..,;-,-",,--=;.....---,,;,:-_.,~,;::; '~_~ .~~~r~~_~..,,__ .".',., . ",.__' ..',., -,,'.:",--:-'::::~--'-'-' . --.::...._._-_:_,-~' - -- ---- ,--~ .-~.-.::~~:: ':! -"~~i~~~::~;:~!I~::::~~.~illl "~~~~l: ATTACHMENT B CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 1, 1999 I. CALL TO ORDER The Regular Meeting of the Board of Adjustment was called to order by Chairman Greg Smith, at 7:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed, Roll Call Greg Smith, Chairman, present Elizabeth Randall, Vice Chairperson, present Frank Adams, present Fred Kaltenbach, absent Thomas Waters, present Also Present Don LeBlanc, Land Development Coordinator Approval Of The June 3, 1999 Board of Adjustment Regular Meeting Minutes MOTION BY FRANK ADAMS. SECONDED BY BOARD MEMBER THOMAS WATERS. IT WAS AGREED BY CONSENSUS OF THE BOARD TO ACCEPT AND APPROVE THE REGULAR MEETING MINUTES FROM JUNE 3, 1999. MOTION CARRIED. II. REGULAR AGENDA A. The Request of Meadowbrook Winter Springs, LLC, D/B/A Winter Springs Golf Club for a Variance to Section 20-466(b) of the Code to Allow Ground Mounted Single-Tenant Identification Signs to be Spaced Less than Two Hundred (200) Feet Apart. The Signs are to be Constructed at the Entryway to the Winter Springs Golf Club at 900 West State Road 434. Mr. Don LeBlanc, Land Development Coordinator, explained to the Board that City Code requires the entrance signs to be two hundred (200) feet apart; and that when the building permit was issued on January 28, 1999, the distance between signs had not been noted on the plans. Mr. LeBlanc further explained that on May 25, 1999 it was discovered that the signs were one hundred twenty-one (121) feet apart and a stop work order was issued. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING-JULY 1,1999 PAGE20F2 Mr. LeBlanc recommended that the "Board of Adjustment forward this application to the City Commission with the recommendation to disapprove this request. Further, the Board of Adjustment recommends to the City Commission that this request be considered under Sections, 20-470 and 20-471 which address Development Agreements." Mr. Larry Roberts, Development Coordinator for Meadowbrook Golf Group, Spoke of their process of planning and executing this project; never knowing that there was a code requirement for the distance between signs; and their effort to correct the problem quickly, and cost effectively. Chairman Smith asked Mr. LeBlanc, "Do the signs meet all other requirements?" Mr. LeBlanc replied "As far as I know." Discussion followed regarding how this could be resolved by changing the signs; and the process for receiving a variance. Mr. LeBlanc suggested that the City Clerk mail the minutes to the Board members as soon as possible to insure that this issue can be on the first available City Commission Agenda. The Board asked about the East sign being built by the eastern driveway; and for clarification on the variances that have been granted in cases similar to this. Mr. LeBlanc explained that a similar variance was granted recently on the West Side of Vistawilla Drive, for the ContraVest Construction Company. MOTION: "I MOTION THAT WE FOLLOW STAFF RECOMMENDATION." MOTION BY TOM WATERS. SECONDED BY FRANK ADAMS. DISCUSSION: VOTE: FRANK ADAMS: AYE; ELIZABETH RANDALL: AYE; THOMAS WATERS: AYE; GREG SMITH: AYE. MOTION CARRIED. III. DISCUSSION OF GENERAL ISSUES This agenda item was not discussed IV. ADJOURNMENT Chairman Smith adjourned the meeting at 7:21 p.m. Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office City of Winter Springs, Florida DOCS/boards/ad justmetlalll/minutes/070 199 .doc NOTE: These minutes were approved at the , 1999 Board of Adjustment Meeting.