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HomeMy WebLinkAbout2010 02 08 Public Hearing 500 Request For Waiver Setbacks CITY COMMISSION AGENDA CONSENT CONSENT ITEM 500 INFORMATIONAL PUBLIC HEARING X REGULAR February 8, 2010 Mgr. Dept Meeting Auth rization REQUEST: The Community Development Department recommends the City Commission consider the request for a waiver from the 25 foot front yard and 15 foot side yard setback requirements set forth in Section 20 -255 of the City Code for principle structures within the C- 2 zoning district, for a site located along the north side of SR 419, immediately west of the Layer Elementary School, pursuant to the waiver criteria and procedure detailed in Section 20 34, to allow the building to be located up to the front and side property lines. The waiver addresses only zoning setback requirements and does not (cannot) address building code or other life- safety code issues associated with the potential attachment of a building structure to the perimeter wall. SYNOPSIS: The applicant's site was rezoned from C -1 to restricted C -2 and subsequently changed to C -2 without restrictions. The applicant has obtained a building permit (issued September 28, 2009) to construct a 10 foot tall perimeter wall (the wall is a requirement for the applicant's proposed outdoor storage, pursuant to Section 20 -256 of the City Code along the east and south sides of the site (open along Wade Street and the railroad right -of -way), also extending the wall north along the west side of the Layer Elementary School site. The applicant desires to incorporate the perimeter wall for an exterior wall of a building or buildings (or vice versa) along part of the C -2 portion of his site. This setback waiver would allow more efficient utilization of a long and narrow site that has a railroad right -of -way on the north side, is bisected by a 110 foot wide power line easement (typically, buildings are prohibited and many uses are significantly restricted within power line easements). The applicant has stated a desire to donate a 30 foot wide trail right -of -way for a link of the Cross Seminole Trail across the SR 419 frontage. If the perimeter wall were proposed to be part of any future building, the wall design may need to be revised to meet building code and /or other life safety codes (the wall was designed, reviewed, and permitted as a perimeter wall, not as a part of a building). No site plan or aesthetic review for anything but a perimeter wall has been approved for the site. February 8, 2010 Public Hearing Item 500 Page 2 of 4 FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: Commercial Zoning District: C -2 APPLICABLE CODE: Chapter 163, FS Comprehensive Plan Chapter 6 of the City Code Chapter 9 of City Code Chapter 20 of City Code CONSIDERATIONS: Parcel Numbers — 34- 20- 30 -5AW- 0000 -0340 (includes lot 34 & 35) & 34- 20- 30 -5AW- 0000 -0330 Acreage — 9.04 Acres General Location — No physical address. Located on the north side of SR 419 on both sides of Wade Street. Legal Description — LEG ALL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS ADD NO 2 PB 5 PG 9 The applicant is seeking a waiver to the 25 foot front and 15 foot side building setbacks (Section 20 -255 of the City Code) to build up to a newly established property line along portions of the front and side of his presently un -built site, located along the north side of SR 419, west of Layer Elementary School, on both the east and west sides of Wade Street. The property abuts an active railroad right -of -way along its northern boundary and is bisected by a 110 foot wide power line easement. The newly established property line would be the inside line of the yet to be dedicated 30 foot wide trail right -of -way. The only zoning district that allows building right up to the property line (subject to building and other life- safety code provisions) is the Town Center zoning district, except that Subsection 20 -256 (5) (Ordinance No. 2008 -10, adopted August 11, 2008) allows for these properties to build warehouse buildings used in conjunction with uses authorized in Section 20- 252 to be built up to the railroad right -of -way (rear property line), subject to railroad approval. The applicant proposes to develop the site with warehousing and outdoor storage. Section 20- 256 requires outdoor storage to be screened from streets by a 10 foot tall decorative masonry wall. At the January 21 special BOA meeting, Mr. Bob Goff, the applicant's representative stated that they propose to hold an easement over a portion of the 30 foot wide trail right -of- way to allow the wall footer to extend into the right -of -way. February 8, 2010 Public Hearing Item 500 Page 3 of 4 CHRONOLOGY: March 2000- Property purchased by Bart & Cynthia Phillips Feb. 23, 2004- City Commission Adoption of Ordinance 2003 -32 correcting a scrivener's error to restore the land use to "Commercial" May 14, 2008- Application received requesting the Restrictive C -2 Zoning for use of the property for outdoor and indoor storage of boats and RVs. May 22, 2008- Public Noticing in Orlando Sentinel of P &Z/LPA Public Hearing re: Ordinance 2008 -11 June 4, 2008- P &Z/LPA considered request for Restrictive C -2 Zoning and voted 3 -1 to recommend approval of Ordinance 2008 -11. June 23, 2008 Commission approved first reading of Ordinance 2008 -10 (amending list of permitted, conditional, and prohibited uses in C -2 General Commercial district) and postponed Ordinance 2008 -11). August 11, 2008Commission adopted Ordinance 2008 -10 and approved first reading of Ordinance 2008 -11. September 8, 2008Commission adopted Ordinance 2008 -11, subject to Mr. Phillips executing the attached "Consent to Zoning Restrictions" document. April 24, 2009 Application received: new application requesting C -2 General Commercial zoning. June 3, 2009 P &Z/LPA considered the request for C -2 Zoning and voted 4 -0 to recommend approval of Ordinance 2009 -10 June 22, 2009 Commission approved first reading of Ordinance 2009 -10. July 13, 2009 Commission adopted Ordinance 2009 -10 2009 Application w/o fee received for waiver from front and side yard building setbacks Jan. 21, 2010 BOA voted 5 -0 to recommend waiver approval FINDINGS: The 6 waiver criteria set forth in Subsection 20 -34 (d) are as follows: 1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Staff finds no conflicts with the comprehensive plan and no conflict with other parts of the zoning code (Chapter 20), except that walls and fences are required to be set back at least three (3) inches from the property line (Section 6 -193 of the City Code). 2) The proposed development plan will significantly enhance the real property. Staff believes the plan allows the applicant to make more efficient use of a site that is bisected by a 110 foot wide power line easement, while still donating highway frontage for what may become a 30 foot wide segment of the Cross Seminole Trail. In so developing the site and providing for the trail, the real estate will be significantly enhanced. 3) The proposed development plan serves the public health, safety, and welfare. Staff believes the plan does meet this criterion. February 8, 2010 Public Hearing Item 500 Page 4 of 4 4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. 5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter Staff believes the waiver request is the minimum request that allows for the realistic use of the site, given the 110 foot wide power line easement that bisects the site and the applicant's desire to donate right -of -way for the Cross Seminole Trail segment. 6) The proposed development plan is compatible with the surrounding neighborhood. Staff believes the proposed building setback at this location and under these circumstances, is compatible with the surrounding neighborhood. 7) This waiver is from the zoning setbacks and cannot be granted to any applicable building code or other life - safety requirement. FISCAL IMPACT: The waiver would make the restrained site more developable and more likely to generate more jobs and tax revenue. COMMUNICATIONS EFFORTS: The site was posted with a large yellow sign and notification letters were sent to the abutting property owners within 150 feet of the site. A copy of the agenda item was sent to the applicant before the BOA meeting and before the Commission meeting. BOARD OF ADJUSTMENT ACTION: The Board of Adjustment considered the waiver request at its special January 21, 2010 meeting and voted 5 -0 to recommend approval, subject to conveyance of the trail right -of -way and construction of the wall. RECOMMENDATION: The Board of Adjustment and staff recommend approval of the setback waiver request since we believe it does meet all of the 6 criteria for this site. This waiver is conditioned upon the property owner conveying the 30 foot wide trail right -of -way to the state and building the required 10 foot high perimeter wall. This waiver does not become effective until the trail right -of -way is dedicated and the perimeter wall is built. ATTACHMENTS: A- Location Map &Plan B— Applicable Code C- Application package D- Ordinance No. 2008 -10 E -Draft BOA Minutes COMMISSION ACTION: . • ATTACHMENT A ' ' • ) I ..... -....- . H ■ t G \ I. \------\\ 'Eil V ® LE C F So 00 �A vr tV� 111. 0 9 300 P, ` 11 I ` uouc WORKS "c1 �o 7 o I N 120 , M Ea v , �`�a 5 , trBldg 1 30 ( � e. 140 - , � /� � 15 0 , t j 770�i /ice /Lab D 140 3421 200 - , 360 380 • 0. Abp 215 215 j •', � 40 f 1 ► 1 1 0 ,+ � . ` 135 . 0. 245 255 C ? . ' '� 5y 305 ..„. 112 .'4 ; B II- b ` 337 • J , b Jas i { :: as s r -------------- - ContinuedPg 24 • • _ 1 • 2 3 • 4 5 6 7 I y; 1 MILE • :1. NOTES: EPARD •• • A 7.*:. r - r �� • P ._. Yom . a -. C,� _ : i 3 P-- 3 1 ° • o; Municipal Address Map Book X00 • Feat � .�• PRRITED: REVISED: I W 6 -� • II .1 a -0,• - z Oct 2006 1. 2 . 3 • ••.' _ 1 t - ;r' L, ,a "' ,_._. � L11 •o• I mo: _ o �: City of Winter Springs, FL i 2407 PAGE LOCATION KEY MAP WITH 1 2.2 MILE RADIUS RINGS Developed By: Southeastern Surveying & Mapping Corp V r V ContinuerPs 2408 V • t.9 1 400. ; 550 �/ / • ■ I ae-6o kD \\\\ .. H ..389 _ ii-i7DT 111111:-1---"7------11.111111.11.111111111111.11 4"6ftlift161.11° Ca '41 45005015045065085105115145 16 306 388 4201 430 639 541 _ - `: ... ./._......._ .`.'• z / 629'627 ; 625 , 304 ` " , • ) ' ■ ' 302 ' 880 \ 129 623 124 -.. 225 620 621 300 227 ,:222 213 618 p ._ ' 225 + 220 - F 2 1-IF 6 10 212 OUT . ^ 223 218 21Y--- 78 ,72/9 4� E .. 2W 614 617 220 78 '^ 211: s 217 % 117 612 1615 118 _ ClTV l' 1. .- - -. 41 N 2113% 214 ` aD15 -. 610 611 216 v • p,; • 217 � 112. 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'` PnRO 1 MILE NOTES: n SP : _ - . i t tiittp ,, 6 : , _ I: t � _ �` '` r� ' � `° Municipal Address Map Book 200 �F.d M. f =�.. i tiL — I PRINTED: REVISED: _ . i, Oct 206 1 2 • 3 • fi t� �' 'g fir,., a City of Winter Springs, FL 1::. 2416 PAGE LOCATION KEY MAP WITH 1 a 2 MILE RADIUS RINGS Developed By. Southeastern Surveying & Mapping Corp. ! N :'..." , 41:417,,IT.: a f SECTION C-C .1. «. •M°F »....•. i �; S TYPICAL WALL CROSS SECTION e 31071004 5-0 [ d TYVICK WALL 000333ECT0N ' II Yi I i 1 111 fib .. _.. �;,l/Jyl11 i li ..o.[0I ` \ 0.1[ f �'" I KIP OW fNGOK weal l I 9 i 1 ' v 0 400, •' � , "° C' ti ai 1 xr- Fg P4 n r____II _ -� , u ,, .,, _______, --.-_n.„,.......--..._....... Ail l, .....„ :i v . .3 s f ir — i R - . •e. .. NW ' �.J , ' I O E I ti ro : _ =� x f ......e h ��, f • :MIT' I 1i iI A MKS .a K COMP.= or swot WOK [M --1 � ....nu.. � ,' ..a .1.4. 4 Iwo 00 Ki. K •.wrto 0 nIKM CMRO • tK1Ki K x 001 w 000.0[11 n 1 1 11011.01 0. 000OK _ 1[0fK K 0WKK Kl K . MUM 0700 00 - '91i'SJ ^'Y1°' > , M w11 b 131010 M'. M KL *or K ammo W - g '� {� M tWL L TV r O/O IMP 11.L K pea If 111114 R" r SECTION MA om..c no Po K KU. 00[K11 mot P. x !NI — F•'y TYPICAL BIKE TRAIL CROSS SECTION 1 . - 1 140K Kp tittXOtf00, MG.( MR f ........es__. WNW. a 1001. 0K. 1K V 330 1 TNCRMII� K..L tA■iK KO KKAKa KA COMM Kw 111014 LL Ate MK • - KOK 10 K K10uK10 q __._ to w0LL K 14�wi WOO .K3 e A O alfDG fK 000 K nKVtMC .1 5 • ATTACHMENT B Definition of Waiver: �.� Sec. 20 -34. Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result. (b) The board of adjustment shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the board of adjustment has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the board of adjustment's recommendation. (d) In addition to the standard set forth in paragraph (a) above, all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will significantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is compatible with the surrounding neighborhood Zoning Code for C -2 DIVISION 8. C -2 GENERAL COMMERCIAL DISTRICT Sec. 20 -251. In general. The lands of the C -2 General Commercial District are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, promote aesthetic and architectural harmony, attractiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. govemment. This district is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. (Ord. No. 44, § 44.53, 1 -8-68; Ord. No. 2002 -07, § 3, 7 -8 -02) Sec. 20 - 252. Uses permitted. Within C -2 General Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use allowed in C -1 Neighborhood Commercial Districts; Sec. 20 -254. Conditional uses. (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar uses); (2) Automotive /boat/manufactured home major service and major repair establishments (including body repairs and painting and similar heavy type uses); (3) Car wash; (4) Halfway houses, group homes, and similar uses; (5) Mortuary and funeral homes; (6) Multiple - family residential with a maximum allowable density no greater than that allowed under a Medium Density Residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; (7) Small -scale cabinet makers, fumiture assembly, and woodworking shops (not to exceed 2,500 sq. ft); (8) Small -scale clothing manufacturing (not to exceed 2,500 sq. ft.); (Ord. No. 2002 -07, § 3, 7 -8 -02; Ord. No. 2004 -28, § 2, 7- 12 -04) ..,.,. Sec. 20 - 255. Bulk regulations. (1) Minimum front setback: Twenty -five (25) ft. (2) Minimum side and rear setback: Fifteen (15) ft. (3) The total impervious surface area shall not exceed seventy -five (75) percent of the total site. (Ord. No. 2004 -28, § 2, 7- 12 -04) Sec. 20 - 256. Supplemental outdoor storage and warehousing requirements. In addition to other applicable provisions of the City Code and other requirements imposed by the city in accordance with the city's development review process (including site plan review), open storage uses under this division shall also be subject to the following requirements: (1) Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall with any gates being opaque. Any automobile, boat, boat trailer, watercraft, motor home, travel trailer, equine trailer, recreational vehicle, and other vehicle and equipment, materials and goods stored under this division shall not be visible from any public collector road. In order to prevent visibility from public streets, the following minimum standards shall apply: (i) no vehicle, equipment, goods, or materials in excess of ten (10) feet in height shall be stored along or adjacent to the ten (10) foot decorative masonry wall; and (ii) no vehicle, equipment, goods or materials shall be stored on the real property in excess of thirteen and one -half (13 1/2) feet in height. (2) The following vehicles and equipment may be stored on the property; a. Any vehicle permitted within a residential zoning category as more specifically provided in section 20 -434. b. No more than twelve (12) spaces shall be allowed for over the road type semi tractors and /or tractor trailers designed with fifty wheel attachment components, loaded or unloaded, attached together or unattached, in any of the twelve (12) spaces. No more than one (1) attached or unattached over the road semi tractor /trailer unit shall be allowed in any one (1) space. c. Boats, boat trailers, water craft, residential vehicles, motor homes, travel trailers and equine trailers. d. Take home "on call" repair and service vehicles that are operated by persons off duty, but in an "on call" work status for responding to emergencies. e. Vintage, classic or other vehicles which are awaiting or undergoing restoration provided that the restoration work is not performed on the property, the vehicle is fully in tact, and the vehicle is not stored for a period of more than one (1) year. ATTACHMENT C �xNTERS CITY OF WINTER SPRINGS 4 p �p� COMMUNITY DEVELOPMENT DEPARTMENT O 1 1126 STATE ROAD 434 • U i WINTER SPRINGS, FL 32708 Incorporated 407- 327 -5966 '1L0R101''' ' FAX:407- 327 -6695 X090 BOARD OF ADJUSTMENT APPLICATION ❑ CONDITIONAL USE / SPECIAL EXCEPTION ❑ VARIANCE III WAIVER APPLICANT: ?h, Bd�y 8�/ i�,.� �d'2 4/i44-P Las first le MAILING ADDRESS: l O ' 4/ ' 7' A t^ ' rill /` f°4j4'..j* F .V7f� City ./ S t ate Zip Code PHONE & EMAIL 1 — 0 "! - �4 v gAJty : 6'Ael. If Applicant does NOT own the property: PROPERTY OWNER: Last First Middle MAILING ADDRESS: City State .Zip Code PHONE & EMAIL This request is for the real property described below: PROPERTY ADDRESS: 19N'/ 7f / TAX PARCEL NUMBER: M-© D ",' 4/ ' 6 2 L9JU , 1 1 /-2-13- 5 0 - 4 - 1 1 1 1 " ) ‘" WOO SIZE OF PARCEL: Acres Square Feet EXISTING LAND USE: 1/1/01 Current FUTURE LAND USE Classificcaation: / Current ZONING Classification: j l.. - dl ,y Please state YOUR REQUEST: WI�/i1 t7 March 2005 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right -of -way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross - examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20 -36.) THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: rp. A copy of the most recent SURVEY of the subject property. OA) tei A wv,4 i ''y tii A copy of the LEGAL DESCRIPTION reflecting the property boundaries. ON 1 4-. IA/4 /AI tQ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. 9,.v Ale ifb /35 l8 JUSTIFICATION for the Request (See Attached List) gg NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ❑ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). C i APPLICATION FEES: ' WA by ��►xitrni &,),rl. FEES are as SHOWN BELOW plus ACTUAL COSTS incurred or ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development. CONDITIONAL USE / SPECIAL EXCEPTION $ 500 WAIVER $ 500 VARIANCE $ 500 TOTAL DUE $ ---d ✓ 2 Much 2005 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ******************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consideration: , Signature of Owner Ir Sworn to and subscribes} before me this q �'Cd -1 2 / day of /d // 20 © / . otary Public My Commission expires: 5e0 7 r a OW Person ally Know : •'• "' Pig MASON McCA Produced Identification: nur Comm# D00711462 3 (Type) Mu" i' : Co . + _ EXpires 9!51201 Did take an Oath d Assn.. Inc Did Not take and Oath fh,,,r Fit t I E ?iL']ur, " ^ -... 3 ******************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: I do hereby, with my notarized signature, allow to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at Signature of Owner(s) Sworn to and subscribed before me this day of 20 Notary Public My Commission expires: Personally Known Produced ID: (Type) Did take an Oath Did Not take and Oath ******************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 3 March 2005 Proposed request for Waiver to Code Waiver Request A waiver request requires the property owner to clearly demonstrate that the applicable term or condition (the subject of the waiver request) clearly creates an illogical, impossible, impractical, or patently unreasonable result .(Win ter Springs Code of Ordinances, Section 20 -34 (a) ). Please explain how your request meets this requirement (use a separate sheet if necessary)_ The applicant requests a waiver of the minimum front setback from 25 feet to 0 feet and the side setback from 15 feet to 0 feet. The applicant intends to attach covered parking structures to the inside of a required 10' tall concrete wall along approximately 2000 feet of Hwy 419 as part of the future development of the property as a Boat and RV storage area. The structures will be attached below the top of the wall and will not be visible from the highway, nor from the residential property almost 200 feet away. This is a requirement of the C -2 zoning changes made for this type property in the Winter Springs Code in December 2008 and again in July of 2009 for this particular property. Under the current C -2 zoning code a minimum front setback of 25' is required from the property line. Running concurrently with the recent rewriting of the C -2 zoning code and the rezoning of this property to C -2 were building permits for sections of the concrete wall, vacating of Ginger Lane and parts of Old Sanford Oviedo Road and an atheistic review of the wall system proposed by the applicant. On the advice of the City Attorney, the City Commission adopted changes to the C -2 zoning code to include special uses for this property as it is constrained by a CSX railway to the north, a FPL transmission line easement over a majority of the property and state highway frontage outside of the easement that is severely impacted by the proposed donation to the State of Florida for the Cross Seminole County Trail System. Other additions to the C -2 zoning code require a 10' concrete wall along the proposed Cross Seminole County Trail and at the ends of the property, but not along the CSX right of way. The applicant, as part of an overall development plan for multiple properties within the industrial park, is donating 30' of frontage along the highway to the State of Florida for the completion of the last link of the Cross Seminole Trail. The applicant will retain easements for construction, maintenance, landscaping, future access, and/or drainage across parts of the 30' to be donated. A waiver is requested to allow for a timely donation of the frontage property to the State of Florida for the Trail without that donation harming the later development of the remainder property behind the required wall. The code can currently be met in regards to setbacks from Hwy 419 for the roof structure attached to and inside the wall. However, after the donation of property to the State, the code could be construed to require an additional 25' setback from the new property line. This interpretation would prohibit the use of the 10' concrete wall as the support for the covered parking roof structure. As Seminole County is currently doing the engineering for the construction of the Trail, and as funding is still available from the 2002 County Trails and Natural Lands Referendum, there is a strong possibility that the land will be needed for the Trail before the interior section of the Boat and RV Storage Center could be built. In addition to the standard set forth in Section 20 -34 (a), a waiver requires compliance with all six (6) criteria enumerated in the Winter Springs Code of Ordinances, Section 20 -34 (d). Address each of the following conditions related to the waiver request. Attach additional paper as necessary: What is the Waiver you are requesting? The applicant requests a waiver of the minimum front setback from 25 feet to 0 feet and the side setback from 15 feet to 0 feet. Is the proposed development plan in substantial compliance with Chapeter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. The setback is a matter of timing. The code can be met before the charitable donation of 30 feet of land for the Seminole County Trail System. The structures could be built without a waiver before the donation as they would be located in property that exceeds the minimum required front setback of 25 feet. If the trail donation is delayed until after the structure is built, funding from outside sources may be lost to build the last section of the trail for the benefit of the citizens of Winter Springs and Seminole County. Will the proposed development plan significantly enhance the real property? (2) The proposed development plan will significantly enhance the real property. The waiver would increase the economic value of the property as covered parking is more valuable than open parking when storing boats and RVs. Will the proposed development plan serve the public health, safethy and welfare of the City of Winter Springs? (3) The proposed development plan serves the public health, safety, and welfare. There is no evidence that a waiver would not meet the public health, safety and welfare. The successful completion of this project will provide a safe continuation of a well used trail system. The public will be on a protected trail system rather than cutting through and industrial park on Wade Street and Old Sanford Oviedo Road on a street with no sidewalks and in poor condition. Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. The surrounding property on three sides is industrial /commercial in nature. The nearest residential area is one public street, a landscaped buffer area, a state highway right of way, a 30' trail width and a 10' tall concrete wall away from the proposed zero lot line structures. The C-2 zoning code adopted especially for this property requires that the activity on the site be out of view from the residential neighborhoods. Currently the neighborhood view is across vacant land into the back of industrial sites fronting Old Sanford Oviedo Road. Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical or patently unreasonable result caused by the applicable term or condition under this chapter? (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. The resulting zero lot line granted to the applicant's subject property eliminates the patently unreasonable result of the loss of use that a charitable donation to the State for the public health, safety and welfare of the citizens of Seminole County would cause to the remainder property. Waiting until the wall and roof structure is completed before the donation is illogical since the development plan calls for a five year building time for the wall and structure. In addition, the close interpretation of the setback situation on this property would delay the adoption of the entire development agreement which has been in the works now for two years. Is the proposed development plan compatible with the surrounding neighborhood? (6) The proposed development plan is compatible with the surrounding neighborhood As previously stated, the closest neighborhood is a wall, a trail, a state highway, a landscaped buffer and a public street right of way away from the requested area. In addition, it will be behind a 10' wall) and out of sight from the residential neighborhood. The other side of the property is a rail road track that is currently used by several industrial park property owners and already has a zero lot line setback as granted in the Code changes made in Dec. 2008 by the City Commission for this property. ATTACHMENT D ORDINANCE 2008 -10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING OF THE CODE OF ORDINANCES TO CHANGE THE LIST OF PERMITTED USES IN THE C -2 GENERAL COMMERCIAL DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission hereby finds that several parcels of existing real property are uniquely situated adjacent to a constrained capacity state collector road and a functional railroad line and undemeath electric transmission lines; and WHEREAS, if these parcels are rezoned to C -2, certain land uses may be distinctly suited for these parcels that have an economic benefit to the City; and WHEREAS, subject to additional conditions related to promoting compatibility to surrounding areas, the City Commission desires to amend section 20 -252 of the City Code, C -2 General Commercial District, to add a permitted use that may be suitable for real property distinctly located adjacent to a state collector road and a functional railroad line and underneath electric transmission lines including limited open storage and warehouse storage uses; and WHEREAS, the City Commission hereby finds that this Ordinance furthers the City's legitimate government purpose of enhancing and expanding economic activity within the City and is in furtherance of section 166.021(9)(a), Florida Statutes; and WHEREAS, the City Commission also hereby finds that this Ordinance is intended to add an additional permitted use within the C -2 zoning category in order to provide economically viable land use opportunities for real property with extraordinarily difficult development constraints such as proximity to a railroad line and an electric transmission line; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2008 -10 Page 1 of 6 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 20 ZONING * ** ARTICLE III. ESTABLISHMENT OF DISTRICTS. * ** DIVISION 8. C -2 GENERAL COMMERCIAL DISTRICT. * ** Sec. 20 -252. Uses permitted. Within C -2 General Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: * ** (34) Outdoor storage facility specifically designed for the parking and storage of vehicles, equipment, goods and materials, provided said storage occurs on real property located adjacent to a state collector road and within and adjacent to an electric transmission line right -of -way /easement, and railroad track right -of -way /easement. Said facility shall be subiect to the supplemental regulations set forth in section 20 -256. (35) A single warehouse building not to exceed 27,000 square feet and twenty -five (25) feet in height, provided the warehouse building is located adjacent to a functional railroad line and used in conjunction. in whole or in part, with the storage ofproducts that are unloaded from railroad lines for wholesale or retail sale. No outdoor storage ofproducts and materials shall be permitted unless expressly authorized by City Code. Said warehouse shall be subiect to the supplemental regulations City of Winter Springs Ordinance No. 2008 -10 Page 2 of 6 set forth in section 20 -256. * ** Sec. 20 -256. Supplemental Outdoor Storage and Warehousing Requirements. In addition to other applicable provisions of the City Code and other requirements imposed by the City in accordance with the City's development review process (including siteplan review), open storage uses under this Division shall also be subject to the following requirements: (1) Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall with any gates being opaque. Any automobile, boat, boat trailer, watercraft, motor home, travel trailer, equine trailer, recreational vehicle, and other vehicle and equipment, materials and goods stored under this Division shall not be visible from any public collector road. In order to prevent visibility from public streets, the following minimum standards shall apply: (i) no vehicle, equipment, goods, or materials in excess of ten (10) feet in height shall be stored along or adjacent to the ten (10) foot decorative masonry wall; and (ii) no vehicle, equipment, goods or materials shall be stored on the real property in excess of thirteen and one -half (13 'h) feet in height. (2) The following vehicles and equipment may be stored on the property: (a) Any vehicle permitted within a residential zoning category as more specifically provided in section 20 -434. (b) No more than twelve (12) spaces shall be allowed for over the road type semi tractors and/or tractor trailers designed with fifth wheel attachment components, loaded or unloaded, attached together or unattached, in any of the twelve (12) spaces. No more than one (1) attached or unattached over the road semi tractor /trailer unit shall be allowed in any one (1) space. (c) Boats, boat trailers, water craft, residential vehicles, motor homes, travel trailers and equine trailers. (d) Take home "on call" repair and service vehicles that are operated by persons off duty, but in an "on call" work status for responding to emergencies. (e) Vintage, classic or other vehicles which are awaiting or undergoing restorationprovided that the restoration work is not performed on the property, the vehicle is fully in tact, and the vehicle is not stored for a period of more than one year. (f) Service vehicles and equipment which are necessary for the operation and maintenance of City of W inter Springs Ordinance No. 2008 -10 Page 3 of 6 the uses expressly authorized on the property by City Code. (g) Construction vehicles and equipment stored on a trailer, provided the construction vehicle and equipment do not violate the express prohibitions in subsection (3). (h) No more than six (6) spaces shall be allowed for dump trucks and dump truck trailer units designed with spindle hitch tune attachment components, loaded or unloaded, attached together or unattached, in any of the six (6) spaces. No more than one (1) attached or unattached unit shall be allowed in any one (1) space. (i) Unlimited Dual Wheel Single Axle Truck/Trailer Units not exceeding 26,000 gross vehicle weight (G.V.W.). (3) Unless otherwise expressly authorized in subsection (2), the storage of all other vehicles and equipment shall be prohibited. Without limiting the aforementionedprohibition, the storage of the following vehicles are expressly prohibited: (a) More than twelve (12) over the road semi tractor /trailer units as described in subsection 2(b). (b) Any vehicle that exceeds thirteen and one half (13 ' /z) feet in height, inclusive of any equipment, vehicles, cargo, or materials stored on top of the vehicle. (c) Any vehicle requiring a special permit from the Florida Department of Transportation. (d) Any wrecked vehicles, vehicles being stripped for parts, or vehicles awaiting salvage or recycling. (e) Any vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. (f) Except as provided herein, heavy construction vehicles and equipment including, but not limited to, dump trucks, motor graders, bulldozers, front end loaders, cranes, derricks, and other earth and material excavating, hauling, grading, and lifting equipment over 26,000 pounds of gross weight. (g) More than six (6) dump truck/trailer units as described in subsection 2(h). (4) Bulk storage of flammable/hazardous materials shall be prohibited. (5) Warehouse buildings used in conjunction with the use authorized under section 20 -252 (34) may be constructed up to the railroad right -of -way boundary provided said construction is City of Winter Springs Ordinance No. 2008 -10 Page 4 of 6 permitted by the railroad company. (6) On -site light, minor maintenance and cleaning of any vehicle permitted by this Division is allowed. However, the following shall be strictly prohibited: refueling, oil and engine fluid changes. major restoration, part salvage, major part replacement, engine repair, transmission repair, body repair. and other heavy and major repairs. (7) Indoor and outdoor storage facilities for vehicles permitted under this Division shall be open to the general public for a space rental fee. (8) Storage of junk is strictly prohibited. (9) Vehicles permitted under this Division shall not be used as living quarters. (10) Not more than a total of five (5) cargo or shipping containers shall be stored at any one time on the property. (11) Cargo transfer operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this Division. (12) Trucking terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this Division. (13) Twenty-four hour security personnel and/or security equipment shall be provided to provide reasonable protection of buildings located, and vehicles, equipment, goods and materials stored, on the property. (14) The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parking facility or staging area for construction vehicles and equipment. (15) Parking surfaces on the property shall be improved to meet City paving and drainage codes. However, R.A.P parking improvements shall be permitted in storage areas provided that the main drive aisles are paved with asphalt or concrete. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be City of' Winter Springs Ordinance No. 2008 -10 Page 5 of 6 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter SpiiiAgs, Florida_, in a regular meeting assembled on the 11 day of August, 2008. yy HN F. BUSH, Mayor ATT . AN 4 ` LORENZO- LUACES, City Clerk Approved a ' I egal form and sufficiency for the City ' i er Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: June 23, 2008 Second Reading: July 14, 2008 and August 11, 2008 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2008 -10 Page 6 of 6 ATTACHMENT E CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) CALL TO ORDER The Regular Meeting of Thursday, January 21, 2010 (Rescheduled from January 7, 2010) of the Board of Adjustment was called to Order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Howard Casman, present Board Member Linda Collins, present Board Member Karen Paine - Malcolm, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The December 3, 2009 Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE MINUTES" [DECEMBER 3, 2009]. MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 2 OF 5 VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER PAINE - MALCOLM: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS Deputy City Clerk Joan Brown distributed the Member List to each Board Member and asked if they had any changes or revisions. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From The 25 Foot Front Yard And 15 Foot Side Yard Setback Requirements Set Forth In Section 20 -255. Of The City Code For Principle Structures Within The C -2 Zoning District, For A Site Located Along The North Side Of SR (State Road) 419, Immediately West Of The Layer Elementary School, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20 -34., To Allow The Building To Be Located Up To The Front And Side Property Lines (The Footer Must Be Contained Within The Site). The Waiver Addresses Only Zoning Setback Requirements And Does Not (Cannot) Address Building Code Or Other Life - Safety Code Issues Associated With The Potential Attachment Of A Building Structure To The Perimeter Wall. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 3 OF 5 Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated that, "This Request has been advertised — we have the sign that has been up there before the time — minimum required which is five (5) days. It has been up far longer than that and about three (3) weeks ago, a letter went out to each of the names provided by the Applicant and the list is in your packet. The Public has been duly Notified." Photographs of the Property were shown to the Board Members. Continuing, Mr. Baker added, "The Applicant has obtained a Building Permit to construct the ten foot (10') Wall around the Perimeter and the area for this Wall is shown in Attachment A - where the Wall will be." Mr. Baker then added, "No Site Plan or Aesthetic Review has been approved for anything but this Perimeter Wall. The Site Plan you see has been submitted, but it has not been approved as such. It is a Site Plan for the Wall not for the rest of the property." Mr. Baker read the "FINDINGS:" into the Record and stated, "Staff recommends approval of the setback Waiver [Request] since we believe it does meet the Criteria. This Waiver is conditioned upon the Property Owner conveying the thirty foot (30') wide trail right -of -way to the State and building the required ten foot (10') high Perimeter Wall. This does not become effective until the trail right -of -way is dedicated and the Wall is built." Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department briefly commented regarding the property site. Chairman Waters commented that he works for Seminole County and that this does not conflict with this Agenda Item. Mr. Bob Goff, 600 Old Sanford - Oviedo Road, Winter Springs, Florida: stated that he works for Mr. and Mrs. Phillips and is requesting a Waiver on behalf of the Applicant. Chairman Waters opened the "Public Input " portion of this Agenda Item. No one spoke. Chairman Waters closed the "Public Input " portion of this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 4 OF 5 "I MAKE A MOTION TO APPROVE THE WAIVER REQUEST AS PRESENTED BY STAFF SUBJECT TO THE FOLLOWING CONDITIONS; A) PROPERTY OWNER CONVEYS THE THIRTY FOOT (30') WIDE TRAIL RIGHT -OF -WAY TO THE STATE AND B) THE WAIVER DOES NOT BECOME EFFECTIVE UNTIL THE TRAIL RIGHT -OF -WAY IS DEDICATED AND THE PERIMETER WALL IS BUILT." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER PAINE - MALCOLM. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE - MALCOLM: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. Chairman Waters asked, "This goes to the Commission on the 8th [February 2010] ?" Mr. Baker answered, "Yes." REGULAR AGENDA REGULAR 600. Office Of The City Clerk Requesting An Election Of Chairperson Be Held For 2010. "I MAKE A MOTION THAT WE RETAIN [CHAIRMAN] TOM WATERS AS OUR CHAIRMAN." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. DEPUTY CITY CLERK BROWN ASKED, "CHAIRMAN WATERS, DO YOU ACCEPT THE POSITION ?" CHAIRMAN WATERS REPLIED, "I WOULD ACCEPT THE NOMINATION." VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE - MALCOLM: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING — JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 5 OF 5 REGULAR 601. Office Of The City Clerk Requesting An Election Of Vice Chairperson Be Held For 2010. "I MAKE A MOTION THAT WE RETAIN [VICE CHAIRMAN) JACK TAYLOR AS OUR VICE CHAIRMAN." MOTION BY BOARD MEMBER CASMAN. SECONDED BY CHAIRMAN WATERS. DISCUSSION. DEPUTY CITY CLERK BROWN ASKED, "VICE CHAIRMAN TAYLOR, DO YOU ACCEPT THE POSITION ?" VICE CHAIRMAN TAYLOR REPLIED, "I ACCEPT." VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER PAINE- MALCOLM: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. Brief discussion ensued on other City projects. ADJOURNMENT Chairman Waters adjourned the Meeting at 7:20 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the , 2010 Board of Adjustment Regular Meeting.