HomeMy WebLinkAbout2009 09 28 Public Hearing 505 Brighthouse Application for Special Permit Modifying Existing Site On Moss RoadCITY COMMISSION
AGENDA
ITEM 505
Consent
Information
Public Hearin X
Re ular
September 28, 2009
Meeting
Mgr. /Dept.
REQUEST: The Community Development Department requests that the City Commission
consider Brighthouse's application for a Special Permit related to modifications to
the existing Brighthouse site on South Moss Road.
PURPOSE: The purpose of this agenda item is to consider Brighthouse's request for a Special
Permit pursuant to Section 9-568 of the City Code to modify and improve its
nonconforming facility at 197 South Moss Road.
APPLICABLE ZONING & FUTURE LAND USE DESIGNATION:
Zoning: R-3 Multiple-Family Dwelling District
Future Land Use Designation: High Density Residential
APPLICABLE CODE:
Chapter 6, ARTICLE VII. FENCES, WALLS, HEDGES
Chapter 9, ARTICLE XI. NONCONFORMITIES
Chapter 20, ZONING
CONSIDERATIONS: The approximate 10,000 square foot (0.23 acre) Brighthouse cable
television, phone, and Internet hub extension site is located on the east side of South Moss Road,
across from its intersection with Alderwood Street North. The site was acquired and developed
in 1973, with the existing buildings, fence, and 100 foot-tall tower constructed in or about 1995.
The site was previously zoned C-2 General Commercial, but was rezoned to R-3 Multiple-
Family Dwelling in 2001 (Ordinance No. 2001-46, adopted September 10, 2001). Public and
government services are a permitted use in the C-2 zoning district (Sec. 20-252 (27) of the City
Code), but are not listed as a permitted use or conditional use within the R-3 District -thus, the
current use is legally nonconforming.
Public services are those services of general interest, which are considered to be so essential to
modern life that universal access is increasingly guaranteed throughout developed nations.
September 28, 2009
Public Hearing Item 505
Page 2
Public services may include either a public or private provider (or some public/private
hybridization) and include, but are not limited to, broadcasting, electricity, gas, waste
management, potable and waste water services, education, and telecommunications. Many
states, including Florida, have a public service commission, to oversee and regulate the reliable,
safe, and affordable provision of certain public services.
The site is now a nonconforming site, in terms of (at minimum) the use, the tower height, and
building setbacks. The site and reasonable modifications were protected by way of the franchise
agreements that Brighthouse entered into with the City. However, pursuant to a new Florida law
enacted in 2007 subjecting cable franchises to state regulation, Brighthouse "opted out" of its
franchise agreement with the City in exchange for astate-issued certificate of franchise authority.
Thus, it lost the protection afforded by the franchise agreement.
The applicant reports that the tower has not been in use for several years. To continue to provide
existing service, serve additional customers, and provide enhanced features, Brighthouse
proposes to remove the tower, an existing generator pad, the southern-most concrete block
building, and an existing metal shed and to construct another 600 SF equipment building
(immediately adjacent to the existing 600 SF equipment building that will remain) and a 700 SF
12-foot high generator enclosure. Landscaping is proposed and will be part of the site plan (the
next step in the approval process). The proposal is to provide a more visually appealing site that
will produce less generator noise. The operations at the site will remain largely un-manned
(except during construction, routine maintenance and upgrades, and "trouble-shooting").
The existing building and proposed structures do not meet the 35-foot rear yard R-3 building
setback requirements. Until 2004 (Ordinance No. 2004-28, adopted July 12, 2004), the C-2
zoning district did not have minimum building setbacks (as stated above, the site had previously
been within the C-2 district). For security reasons, there is an 8-foot tall chain link fence with
barbed wire around the site (Sec. 6-189 of the City Code allows the Building Official to permit
barbed wire above six (6) feet for security fences; fences are typically limited to a height of four
(4) feet in front of the front building line, which, in this situation, would compromise security
and the public safety).
Special Permit. Recognizing that it is in the best interest of the community that certain
nonconforming uses or structures are allowed to continue, and in some instances, significantly
upgraded, the City Commission adopted Section 9-568 of the City Code (Ordinance No. 2003-
36) on October 13, 2003.
Section 9-568 provides a "mechanism" for non-conforming uses and/or structures to be
continued when they are not detrimental to the surrounding neighborhood and to the community
values. The City may grant a "special permit" after the City Commission conducts a public
hearing and the applicant demonstrates that the continuation of the nonconforming use or
structure:
2
September 28, 2009
Public Hearing Item 505
Page 3
a. Is capable of contributing in a positive way to the character and serves the need of the
community including re-occupancy for the accommodation of neighborhood walk-to-
service use, walk-to-work opportunities, and live-work spaces; reuse of buildings with
architectural or historic value; and reuse of buildings that generate a significant economic
benefit to the community; and
b. Is compatible with, and not detrimental to, the surrounding neighborhood in terms of
traffic, noise, parking odor, light, intensity, and land uses, hours of operation,
landscaping, aesthetics, structural design, and density; and
c. Is consistent with the community values, objectives, and policies established in the city's
comprehensive plan and City Code.
The City Commission is authorized to impose conditions and safeguards as a condition of
approval of any special permit granted under this section.
Other approvals: Modification of the site will also require (at minimum) site plan review,
aesthetic review, as well as demolition and building permits. The special permit is the first step
in the process.
FINDINGS:
1. The site is located within the R-3 Multi-Family Dwelling Districts and has a High
Density Residential Future Land Use.
2. Records indicate that the existing facilities have been in place since 1995.
3. Brighthouse provides public services to the community.
4. Staff believes that continuation and modification of the non-conforming use and building
is not detrimental to the surrounding neighborhood or to the values established in the
comprehensive plan or City Code.
5. Staff believes that these public services contribute in a positive way to the neighborhood
and to the community and generate an economic benefit to the community as well as
other benefits.
6. Staff believes that the proposal to remove the 100 foot tall tower, small concrete building,
shed, propane tank, and existing generator pad and to construct an additional building,
generator enclosure, and landscaping will reduce noise and the aesthetic obstruction.
7. Staff believes that the proposed site modification will be consistent with the community
values established in the comprehensive plan and City Codes (except for the use and the
building setbacks described in the text, above).
8. Site modification also requires site plan and aesthetic review approvals as well as
demolition and building permits.
P&Z ACTION: At its regularly scheduled meeting of September 2, 2009, the P&Z Board voted
4-0 to recommend the special permit be approved.
RECOMMENDATION: The Planning and Zoning Board and staff recommend approval of
this special permit application.
3
September 28, 2009
Public Hearing Item 505
Page 4
ATTACHMENTS:
A. Location Map & Tax Appraiser's Print-out
B. Draft P&Z Minutes
C. Correspondence and Concept Sketch
D. Special Permit (to be provided by City Attorney)
COMMISSION ACTION:
4
ATTACHMENT A~
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PRINTED: REVISED:
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- City of Winter Springs, FL p 2423A
Page
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Seminole County Property Appraiser Get Information by Parcel Number Page 1 of 1
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PROPERTY '
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VALUE SUMMARY
VALUES 2009 2008
GENERAL Working Certified
Parcel Id: 26-20-30-SAR-OD00-092C Value Method CosUMarket CosUMarket
Owner: TWEAN SUBSIDIARY LLC Number of Buildings 2 2
OwNAddr: C/O ADVANCE/NEWHOUSE COMM Depreciated Bldg Value $36,876 $57,885
Mailing Address: PO BOX 4739 Depreciated EXFT Value $3,037 $3,195
City,State,2ipCode: SYRACUSE NY 13221 Land Value (Market) $22,000 $22,000
Property Address: 197 MOSS RD CASSELBERRY 32707 Land Value Ag $0 $0
Facility Name: JusUMarketValue $61,913 $83,080
Tax District: W1-WINTER SPRINGS Portablity Adj $0 $0
Exemptions: Save Our Homes Adj $0 $0
Dor: 91-GAS/ELECTRIC/TELEPHO Assessed Value (SOH) $61,913 $83,080
Tax Estimator
2009 Notice of P roposed Property Tax
2009 TAXABLE VALUE WORKING ESTIMATE
Taxing Authority Assessment Value Exempt Values Taxable Value
County General Fund $61,913 $0 $61,913
Schools $61,913 $0 $61,913
Fire $61,913 $0 $61, 913
Winter Springs Bonds $61,913 $0 $61,913
City Winter Springs $61, 913 $0 $61,913
SJWMISaintJohns Water Management) $61,913 $0 $61,913
County Bonds $61,913 $0 $61,913
The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates.
SALES
Deed Date Book Page Amount Vactlmp Qualified 2008 VALUE SUMMARY
QUIT CLAIM DEED 01/2003 04816 02.32 $76,100 Improved No 20.0.8 Tax__Bill_A..m...oun.~ $1,456
SPECIAL WARRANTY DEED 04/1995 02908 1271, $31,800 Improved No 2008 Certified Taxable Value and Taxes
SPECIAL WARRANTY DEED 03/1995 02908 1268 $31,800 Improved No DOES NOT INCLUDE NON-AD VALOREM ASSES SMENTS
Find Sales within this DOR Code
LEGAL DESCRIPTION
PLATS: Pick...
LAND
LEG THAT PT OF LOT 92 DESC AS BEG 105.4 FT S OF INT
Land Assess Method Frontage Depth Land Units Unit Price Land Value S R/W YOUNG RD + E RNV MOSS
SQUARE FEET 0 0 11,000 2.00 $22,000 RD RUNE 100 FT S 100 FT W 100 FT N 100 FT TO BEG BLK
D
D R MITCHELLS SURVEY OF THE LEVY GRANT P B 1 PG 5
BUILDING INFORMATION
Bld Num Bld Class Year Bk Fixtures Gross SF Stories Ext Wall Bid Value Est. Cost New
1 MASONRY PILAS 1973 0 100 1 CONCRETE BLOCK -MASONRY $6,344 $10,662
2 MASONRY PILAS 1995 0 600 CONCRETE BLOCK -MASONRY $30,532 $37,008
Permi s
EXTRA FEATURE
Description Year Blt Units EXFT Value Est. Cost New
COMMERCIAL CONCRETE DR 4 IN 1995 960 $1,329 $2,045
6' CHAIN LINK FENCE 1995 400 $1,708 $3,200
NOTE: Assessed values shown art NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes.
"' If u recend urohased a homesteaded ro our next ear's ro ert tax will be based on JusdMartcet value.
http://www. scpafl.org/web/re_web.seminole_county_title?PARCEL=2620305AROD00092... 8/19/2009
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
SEPTEMBER 2, 2009
CALL TO ORDER
The Planning And Zoning Board/Local Planning Agency Regular Meeting of
Wednesday, September 2, 2009 was called to Order at 7:00 p.m. by Chairman Charles
Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Charles Lacey, present
Vice Chairman William H. Poe, present
Board Member Robert Heatwole, absent
Board Member Rosanne Karr, present
Board Member Justin C. Reviczky, present
A moment of silence preceded the Pledge of Allegiance.
Chairman Lacey stated, "Take note of the letter that John [Baker, Senior Planner,
Community Development Department] gave us indicating that DCA [Department of
Community Affairs] has no objections to our Comprehensive Plan EAR [Evaluation and
Appraisal Report] process -Congratulations to everyone. Pass this on to Eloise
[Sahlstrom, Senior Planner, Community Development Department] if we do not see her.
Thank you for your help."
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -SEPTEMBER 2, 2009
PAGE 2 OF 4
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of The August 12, 2009 (Rescheduled From August 5, 2009) Regular
Meeting Minutes.
"I MAKE THE MOTION THAT WE APPROVE THE MINUTES AS
CIRCULATED FROM AUGUST 12~n, [2009J." MOTION BY BOARD MEMBER
KARR. SECONDED BY VICE CHAIRMAN POE. DISCUSSION.
VOTE:
BOARD MEMBER REVICZKY: AYE
CHAIRMAN LACEY: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
No Reports.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
Requests That The Planning And Zoning Board Review Brighthouse's Application
For Special Permit Related To Modifications To The Brighthouse Site On South
Moss Road And Recommend Approval Of Same To The City Commission.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and displayed Photographs of the site.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -SEPTEMBER 2, 2009
PAGE 3 OF 4
Continuing, Mr. Baker read the "FINDINGS" into the Record and stated, "We do
recommend a recommendation of Approval. We have coordinated this through the City
Attorney's office. We have put a large sign at the Site that is shown in the pictures. We
have not had any calls of concern or even anyone questioning this."
Discussion.
Mr. Joseph Pinckney, Senior Director of Network Construction, Bright House Networks,
6373 All American Boulevard, Orlando, Florida: addressed the Board Members
regarding the Application for a Special Permit related to modifications.
Chairman Lacey asked, "Is it an accurate statement that all the `Uses' we are talking
about would have been Permitted under the "C-2" designation?" Mr. Baker replied, "The
`C-2" allows -public and government services and I have outlined what public services
are and they include broadcasting, telecommunication -along with a lot of other, water
sewer, sanitation."
Chairman Lacey opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input "portion of this Agenda Item.
"RECOMMEND APPROVAL OF THE SPECIAL PERMIT APPLICATION TO
THE CITY COMMISSION ON ITEM `500'." MOTION BY VICE CHAIRMAN
POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
BOARD MEMBER REVICZKY: AYE
CHAIRMAN LACEY: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
Mr. Baker spoke of scheduling this Agenda Item for September 28`", [2009] to the City
Commission.
REGULAR AGENDA
REGULAR
600. Not Used.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -SEPTEMBER 2, 2009
PAGE 4 OF 4
ADJOURNMENT
Chairman Lacey adjourned the Regular Meeting at 7:14 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
CHARLES LACEY, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were approved at the , 2009 Regular Planning And Zoning Board/Local Planning
Agency Meeting.
6373 All American Boulevard
Orlando, FL 32810
ATTACHMENT C
Tel 407-292-7200
Fax 407-295-8313
bright
house
NETWON NS
June 29, 2009
VL4 HAND DELIVERY
City of Winter Springs
Attn: Kevin Smith
1126 East State Road 434
Winter Springs, FL 32708
Re: Special Permit Application for Bright House Networks, LLC -
Moss Road Site
Dear Mr. Smith:
Bright House Networks proposes to expand an existing unmanned equipment building
upon consideration and approval of this Special Permit application. The purpose of the expansion
of our 600 square foot electronic equipment building is to continue to provide existing and
enhanced services to the surrounding community. The plans for expansion include a 600 square
foot electronic equipment addition, a 700 square foot equipment enclosure, and associated
paving, storm water retention areas, and landscaping. The site was acquired and developed in
1973, and the existing equipment building construction occurred in 1995. The rear setback is
now non-conforming due to a rezoning that occurred in the late 1990's.
The Special Permit complies with and is consistent with the intent of Section 9-568 of the
Winter Springs City Code. The expansion and modernization project is a positive development
for the City and the surrounded neighborhood by accomplishing these objectives:
• Enables Bright House Networks to continue to provide existing services, serve new
customers, and add enhanced features.
• Maintains the current use as an unmanned equipment building with low traffic and no
detrimental effects on the neighborhood.
• Reduces noise by adding a 12' high enclosure to house the generator and HVAC
compressors.
• Updates the landscaping to provide an aesthetically pleasing buffer which requires a
minimum of irrigation.
• Improves aesthetic qualities by adding the equipment enclosure and landscaping and
removing the existing 100' concrete tower.
We appreciate your consideration of this request, and we are available to discuss this application
in greater detail at your convenience.
Respectfully,
~~~
seph K. Pinckney
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