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HomeMy WebLinkAbout2008 02 25 Public Hearings 500 Request for Conditional Use to allow a Daycare Facility within the R-3 Zoning DistrictCITY COMMISSION AGENDA ITEM 500 February 25, 2008 Meeting Consent Informational Public Hearing X Regular Mgr. / De Authorization REQUEST: The Community Development Department presents to the City Commission a request for a conditional use to allow a daycare facility within the R-3 (Multiple Family Dwelling) zoning district, pursuant to Section 20-208 and Section 20-33 of the City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider the first step (a conditional use) for a request by Renae Hamilton to construct and operate a daycare facility at lot 5 of the Excelsior Business Park (135 Excelsior Parkway). The 0.493 acre site at the east end of the cul-de-sac is presently vacant. If the conditional use (C.U.) were approved, the applicant will submit a site plan, which will be processed through the site plan review process, which includes staff review, the Planning and Zoning Board, and the City Commission. An aesthetic review of the building, site, and signage (which may proceed concurrently with the site plan), includes staff review and the City Commission, is required before building plans maybe submitted or a building permit issued. FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: Medium Density Residential (3.6 - 9.0 D.U./acre) Zoning District: R-3 Multiple Family Dwelling District APPLICABLE CODE: Sec.20-33. Procedures. (a) Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category. (b) The board of adjustment shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the February 25, 2008 Public Hearing Item 500 Page 2 reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section... (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable. (Criteria are included below under "Findings"). Sec. 20-82. Duties and powers, general. (3) To review and make recommendations to the city commission on any application for conditional use, as provided in this chapter. Sec. 20-208. Conditional Uses. (c) Day nurseries, kindergartens and day cares. For purposes of this subsection, "day nurseries, kindergartens and day cares" shall not include "family day care homes" as defined by Florida law. 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. CHRONOLOGY: July 9, 2007 Ord. No. 2007-20, allowing day care in R-3 as a C.U., was adopted. January 8, 2008 C.U. Application package was received. January 29, 2008 Staff review. February 7, 2008 BOA recommended approval. CONSIDERATIONS: Section 20-207 of the City Code lists the permitted uses for the R-3 zoning district, which includes any uses permitted in the R-1 AAA, R-1 AA, R-1 A, and R-1 zoning districts; apartments, town homes, patio homes, or other multi-family dwelling structures; boarding or lodging homes; guest or tourist homes; and general office, including medical, dental, legal, architectural/engineering, real estate, financial, information technology, and administrative headquarters. Section 20-2081ists the uses that are permitted in the R-3 zoning district only as a conditional use. These include any conditional use allowed for the R-1 AAA, R-1 AA, R-1 A, R-1 zoning districts; multi-use projects with a vertical mix of uses designed along the principles of the Town Center; and day nurseries, kindergartens, and day care (excluding "family day care," as defined by Florida law). The 0.493 acre undeveloped site is located on the south side of the east end of the Excelsior Parkway private right-of--way, adjacent to a storm-water pond. A daycare facility is a free- standing facility where care for pre-school children is provided, normally during the daytime hours. Daycare facilities generally include classrooms, offices, eating areas, and playgrounds. Some daycare facilities provide after-school care for school-age children, as well. The Institute of Traffic Engineers (ITE) has summarized traffic data from daycare sites surveyed from the mid-1980s into the 2000s. The weekday a.m. and p.m. peak hours of the daycare traffic generator typically coincide with the peak hours of the adjacent street traffic (highest hourly February 25, 2008 Public Hearing Item 500 Page 3 volumes of traffic on the adjacent streets during the morning and evening, respectively). According to the ITE's Trip Generation, ~h Edition, daycare facility typically generates 79.26 weekday trip ends per 1,000 square feet of gross floor area (12.79 average vehicle trip ends during the peak hour of adjacent street traffic between 7 a.m. and 9 a.m. and 13.18 average vehicle trip ends during the peak hour of adjacent street traffic between 4 p.m. and 6 p.m. on those weekdays). A trip or trip end is a single or one-directional vehicle movement with either the origin or the destination (exiting or entering) inside the study site. The total trip ends for a land use over a given period of time are the total of all trips entering plus all trips exiting the site during a designated time period. Saturday and Sunday vehicular trip generation rates are typically very low (6.21 and 5.83 average vehicular trips, respectively) for those facilities that are open on weekends. For example, using the ITE data as a basis, a 3,800 S.F. daycare facility could be expected to generate 301 average weekday vehicle trip ends, 49 average vehicle trip ends during the a.m. peak hour of the adjacent street traffic, and 50 average vehicle trip ends during the p.m. peak hour of adjacent street traffic (fewer than one per minute, on average). In contrast, a 3,800 S.F. general office building could be expected to generate 42 average weekday trip ends or a medical- dental office could be expected to generate 137 average weekday trip ends. This information is provided to merely note that, ceteris paribus (other things equal), daycare centers generate more motor vehicle traffic than general offices or medical/dental offices. It is not to be considered a negative factor. The applicant proposes to operate between the hours of 7 a.m. and 6 p.m., basically 5 days a week (not to exclude occasional weekend events or operation). Classes will begin at 9 a.m. and some after school programs are anticipated. The children are expected to be within the 2 -11 years range. The applicant's site plan will need to incorporate as much on-site vehicular "stacking" area as possible for parents waiting to drop off or pick up their children. It will also need to incorporate adequate fencing to safeguard the children from the adjacent pond and adequate buffering from adjacent and nearby uses. BOA COMMENTS: At its regularly scheduled meeting of February 7, 2008, the BOA heard the request and voted unanimously to recommend approval. The Board did, however, comment that the dumpster should be located during the site plan process where it will cause the least potential conflict with the adjacent residences. The Board voiced concern, in terms of the impact on the adjacent residences, about the time of day (or night) when the commercial dumpsters at the existing offices, as well as this site, when it develops, are serviced by the franchised waste hauler. The Board further reiterated staff's comment that the site plan depict an adequate fence to keep the children out of the adjacent pond. FINDINGS: Pursuant to Section 20-33(d) of the City Code, "all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: February 25, 2008 Public Hearing Item 500 Page 4 (1) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic- generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity." The proposed use at the proposed scale should fit into the neighborhood, although some traffic may "stack" along Excelsior Parkway during peak morning and evening hours. Excelsior Parkway is a private cul-de-sac street and Lot 5 is at the far end of the street. (b) "Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use." The applicant proposes buffering between the daycare and the existing residential and office uses (existing and potential). This issue will receive more scrutiny during the site plan and aesthetic review phases. (c) "Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values." Staff believes that this addition will have no negative effect on the local economy, government fiscal impact, employment, or property values. (d) "Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards." Staff believes that the proposed addition will not have an adverse impact on the natural environment. (e) "Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources." No known cultural or historic resources are known to be on this site. (f) "Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities." The City has water and sewer facilities in place to support the proposed use. The subdivision has been engineered for storm-water. The site will drain into the adjacent pond that was designed to accommodate the Excelsior Business Park subdivision. (g) "Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality." This development/addition will probably have a favorable impact on these issues in this neighborhood. BOA ACTION: At its regularly scheduled meeting of February 7, 2008, the BOA voted unanimously to recommend the conditional use be approved. February 25, 2008 Public Hearing Item 500 Page 5 RECOMMENDATION: The BOA and staff recommend approval of the conditional use request to allow a daycare operation at this location within the R-3 zoning district, pursuant to Sections 20-33; 20-82; and 20-208 of the City's Zoning Code. CITY COMMISSION ACTION: ATTACHMENTS: A -Location Map B -Application Package C -Draft BOA Minutes BOARD OF ADJUSTMENT ACTION: H G F ~~~~, ~~ ~ ~ti.. b ~ ~ / ~~ U 10 D ,'''r C J J i ~ ~ ~~~ -_ ''7 al ~ ~" ~ 33'~i ~. ~~- 194 i,~,~1_ ' ~5i'`_ , zny~ 3 i 39~ ~45i yl), _ GG '4/V a N ~~ ~~ ll ,~ ~ -~ UFO b ~ ~ ~~h~~~ 3~2^ at` c ~~' ~th~r~A~ ~~ ~~ R A , __ 1 w ~1,~[~-,i ~~JI~Jt~J CJ L ~~' ~ rctT-7'~ ~~ -~ ~ ~ - ~ ~ i~~t~f.~ ~.~ W ~~~0~ 1 __ r `'~ ' W. 1 MILE EPARD N. - r' ~ NOTES: ` A ~ .~ ~ N. 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Before me, on of rrJu/y oa)norare )o pdmrnrsrer dorht and Inke ocknow/edgem 1', Pe'sMO./Y lpppored )heobove named rnd~vrdaois, romp we//known and )o De lhepersons whohave executed )he frXe'g nq ded/canon asa liee I ocl and deed .~ W~)ness myhnridard sev/fhrs ~ rl' ?n)' of ~ l I; 2 r ~_. 19~~_~ '~ 2 ~C I.Ci'.. ~- ''.~-~'- -!~~ ' /~loiorY Prdlc My comnrlssMn expres__ ~:ls. ,.1 - -~~ PURVEYORS CERTIFI!'ATE Know o%men bYlhesepresenls, Mmlde /ndersrgned, being/Ir'r'~ 'y;dreiiyierl land Surreyar, doe<nereby cernf/ IMl orr hb.%- 2 y~48 _ i ,. f{ ~ /"~r!"/a~ the survey Oflhelpnds as shown mrheloregomgptot or pbn.l';'``^sb?v~y~,~-' Pcl represenle//enpllnB larMS therein destrvbedpMpa""' ` Ihpl permanent relerenre monuments have b W ted s th Y .areun ns re . paired by Crippler /77, Flondo Statutes d net id F~n~ 'jl~i'~ C~~ry a/Winter Springs, i ~ ~F / - .Semino/e oun/Y, F!a '~Fjfr/yh1'~'~-~ Oc k F Cnv Doled nbnerntxr. 29, 149q Aep'slrpliwi Nu 20.05 MUNICIPRLITY OF IrrllNrE/C F'A"S/N?i- app d...ioi~'nY - ~. 4hQ yl _ M%:r Tnrs Fitdaynl .lr <-~-.-i /:/9t r:t EAK Of 'NF t:/KCVIT [-'OUhI Garrett as /p Slolu lnrv '/mP//OncC aiidlrien'rr ;n~ro ,n Sanford, / lorrdp o-lY,-~ i::,.: ~.-_ ! Inrs I/. _ .day af_ tl, ~!~.LLCi.~ !, /"- ~..ICGXiS G fi'/ ~ c . r w ATTACHMENT B - -- ~-- ~ -- CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION CONDITIONAL USE /SPECIAL EXCEPTION ^ VARIANCE ^ WAIVER APPLICANT: ~ 1 0.N1 ~ I ~ I'1 ~ e. rl a-Z ~ . I.agt First Middle MAILING ADDRESS: ,a'a'~ ~~ ~~- w s~"I~JC' ~ I'1n45 ~~orl as 3a~o~ city srece ~ ~cod~ PHONE & EMAIL Cy0'-~ °I a.9 -035` Qi`p~', or renae, ~~4a~-hco • c-t~fv~ If Applicant does NOT own the property: PROPERTY OWNER: Last First Middle MAILING ADDRESS: PHONE & EMAIL city state zip code This request is for the real property described below: PROPERTY ADDRESS: ~ I TAX PARCEL NZJM$ER: ~~ ~ ~0 ~ 3 O ~ ~3 ^ ~ ~ O O --o O S ~ SIZE OF PARCEL: a ~ i 4q 3 V y 9 3 S9~ F-ce},t Apes EXISTING LAND USE: -Val C-0. ~` 1 LL 1~, / ' ~ ef.sil~ '~ avi Cuurent FUTURE LAND USE Classinfic~tion: nn ~ kM `'~ T2S I Current ZONING Classification: ' ` "' 3 Please state YOUR REQUEST: -' 1A 1 a O et - [`1~ t1 r10.~ L(S 4. ~ ~` a- i.0. r2 ~ac~ l ~ •~-~ b~ 5r~.n r ~nQ. ~.1aavC, mPS~ti o n erl ~ ~ ~e c-}~ , ~-s peg vJ ~n~'' S~~t~~ UJC, C.~.o.Q~t` a.U ~ d, Jail on (n, s~ • ao ~oFS (c~ RECEIVED ~~ JAN 0 8 2008 CITY Of= WINTER SPRINGS Perrnittinp - Kirsien 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~f--way. All APPLICANTS shall be afforded minimal due process as requirod by law, including the right to roceive 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 a~+ 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 proccedings 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 WAVER 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 waive 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 demonsn~ates 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 20-3tiJ THE FOLLOWING fREt1AS ARE TO BE SUPPLIED WITH THIS APPLICATION: ^ A copy of the most recent SURVEY of the sut~ject property. ^ A copy of the LEGAL DESCRIPTION reflecting the property boundaries. ^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ^ JUSTIFICATION for the Request (See Attached List) ^ NAMES and ADDRESSES of each property owner within 150 it. of each property line. ^ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). ^ !-.PPLlGATlON FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHMCAL and/or PROFESSIONAL SERVICES which may be requirod 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 S 500 WAIVER S 500 VARIANCE S 500 TOTAL DUE S 500 tin coos By submitting this application you hereby grant temporary right of entry for city officials to eater upon the subject property for purposes of evaluating this application. iiiiiiiiiiiiiiiii#iiiiiiiiiiiiiiiiiiiiiiiiiititiititiiiiiiiiiiiiiiiiiiii#iiiiiiiiiii#i FOR USE WHEN APPLICANT 1 OWNE OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fce simple of subject lands described within this Application for Board of Adjustment consideration: _ ~ t , before me this ~_ 20~. Personally Known MOWS S. YONF~A6 ' produced Ide~"tgzl ' q: ~ Notary Pubic, State of Fbrlda (TYPe) vVV I.. Canmbeiont DD 590209 / Did take an Oath MY ~• • ~ 17, 2010 Did Not take and Oath iiiiiiiiii#iiiiiiiiiitiiiiiiiiiiiti#ititiiiiiiiiiiiiiiiiiiiii#tiiiiifiiitiiiiiiitii#ii FOR USE WHEN APPLICANT iS NOT OV,~1 NEg 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 Signatrue of Owner(s) Sworn to and subscribed before me this ~Ay of 2n Personally Known Produced ID: (Type) _ Did take an Oath Did Not take and Oath i•i+RrtRt*sstisti#~kii»s#V~#+s*i~i~isi~isi~s#siiass:a?iaiiiisiiiiiiisiiiiiiiiiiiiiiiiiiiiiiiii 3 Notary Public My Commission expires: t~zoos . _-- -_ _ __~ _ _ _ ,T .. ~.,,.. ~-~, _ CITY OF WINTER SPRINGS KIVA REPORTING SYSTEM RUN DATE: 09-JAN-08 ' KIVA INFORMATION SYSTEMS FEE LISTING RUN TIME:09:53:54 REPORT: bprp05 PAGE: 1 OF 1 APN ................. DATE ................ PERMIT .............. PROP. DEVELOPMENT..: SITE ADDRESS.......: SUBDIVISION........: 34203053300000050 09-JAN-08 3PEX T2008601 CONDITIONAL USE 0 EXCELSIOR EXCELSIOR BUSINESS PARK OWNER ..............: HAMILTON RENAE L & GREGORY ADDRESS ............. CITY/STATE/ZIP.....: WINTER SPRINGS FL 32708 FEE CODE ACCOUNT DESCRIPTION GlUANTITY FEE AMT TOTAL FEE AMT ZP SPEXCU ZONFEE SPECIAL EXCEPTION/CONDITIONAL USE $500.00 $500.00 TOTALS: FEES SUBJECT TO CHANGE BASED ON PLANS REVIEW COPYRIGHT KIVA 1997 - 2008 REVISION: 8.2 SET 17 CPI $500.00 City of Ginter Springs NISC MISCELLANEOUS CASH RECEIPTS Date / TiMe : Q1/09/08 09:57 Faraent f 500.00 Receipt # 1520309 Check/Credit Card #: 1010 Clerk : ddubois Deii1 Qv..._ . ~.DCUAC IJL1~iC1 TMl T90d_. CONDITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, Section 20-33(d): All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additi/onarrl paper as necessary~:,1., ^ What is the Conditional Use you are requesting? A c1aH carQ ~~ ~~~ 1 oft a o ro~ ~rt'y 2oneGi ~ ~ ^ How is the Conditional Use (including its proposed scale and intensity, traffic- generating characteristics, and offsite impacts) compatiblg artd h~arrr~onious with adjacent land uses?mac. -hra~•F. ~ ow Rio„ Q.r~a~ _ ~ s u S2. --~ ~ t r¢,cf ly oaPa-1. (e.~s ~-he. •~ b w o~ -4I~e. Su.c-ro ~~ ~ ~~ uS2s . '~h ¢. 5. te. off' ~¢- 5 ~ -I-'e~ ~ S snna,I I a.nc~ un ol~nt s ~ ~ ~ . ~.-4- i s a,~so I o c.al~a~d a~' -M~a._ o..nd ~' o,, o~~.o,d as~d ~.t~l' d~,`S4~ ^ Will the Conditional Use adversely impact land use activi$es i the immediate vicinity? If no, why not? N a ~-~-~n is use. vJ i (~ b~ a b t2 ~ ~v i~c 2 ,a s o.n d- rYVwl~-i ^ Demonstrate how the size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening buffers, landscaping, open space, off-street parking, and other similar site plan improvements n ed to mitigate against poten~ial adverse impacts of the,, proposed us 2 s ~'~-¢., is wno~ cr /~- a.Gt`2 - -{-1~2~'~.'to~ Q. ,fie. bui 1 d; ~ cum n cr{" I~ v2.~ ~ a r ca 2 C.un ~eL~ 3, fro 0 S•~•~,o-(~roxirna-~P~H (~ OQ-~'~~C~~"~l</St'1~•Par~ir' a,,,.i ren~ 2cc~s Ir,o,rva. b~ _ me~~', •n o~..dcl-;~ ~ o n . ~os~- ~-t-o~~''i c. w 11 I b 2 -I`o ~ p - o-~ ~' of o i c.,~. ~ c~n'i I ol. t'eY~ , ,~~~~~ r ; ,,.~. hand Sc.F.n i n ar and ~r'~f'ZP~Y1 i~1 ~ w'~ )1 b ~ ~,.,~-la. t 1 ~ -b rY~ ~ ~ i M'i2.2 ,rn0ap~s -}O "f"1~_ Su cmw~ ' n~ a s ^ Will the proposed use have an adverse impact on the local economy, inducting go-vemme tal final impact; employment, and property values? If no, why not? Na, ~r> ~ c'f' ~-InQ or'c~PoS2~. u Se- GONf!ol Ora V ii C~O~-0 f?s.l `.n~ nOD~f"~n tT IZS '7D '1'v\.~ StM'i'b(~nCLt t1~i O-~' Q.a- ^ Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open sp ce, noxious and desirable vegetation, and flood hazards? If no, why not?-~°~- -~¢~'~, will b~ no ~ -- oro~a"~'s proclucec~ aS a t'¢.S~l~`' -~~ S u Ste. Noy S~. wi ~ b~. ~,~-k~.a ~.~ r,a ~-~ bµs~ ne,3.s howl`s c~u-~-i ~~ w a.~ ~ s ^ Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas and loss or degradation of cultural d historic resources? If no, why not?~¢-tom O~c'2. n 0~` (kr- u Si ar1'~~i CA n~ Cwt ~~-t~-c'cv1 Sc.a.r, i c_,~c- his'~ric.al r25ou.rce,s ^ Will the proposed use have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle aqd pedestria facilities? If no, why noY~!~Q_Trc~ os~d u Se_ W ~ I ( n ~1" ~MPA p ~bli c. SP~v't c¢s an ~ nn ogre, -~-~Ina h ~e~- peg m'tssc~.b ~ US¢.,S__~vc "~~~ s zo n i ng L~Gt.SS '~-t'CA~ an. O WII the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? ~i~. ~r~ooas~.a use ~',~c n~~ n~~~~l~ -rnpG ~o~.s,na ~-~pcs and orlc.e.s L,ec.a~s~c, -~4~~ u~ ca.~ pc-~o v ; de. a v ~I u a b~~ Ser„i~e. ~o -{..~2 Much 2005 AMERICAN CIVIL ENGINEERING CO. 207 NORTH MOSS ROAD, SUITE 211 WINTER SPRINGS, FLORIDA 32708 Telephone: (407) 327-7700 • Fax: (407) 327-0227 Board of Adiustment Apalication Below is a list of the property owners located within 150 feet of the subject property, identified by property ID# 34-20-30-533-0000-0050. 1. June Vera 136 Rhoden Lane Winter Springs, Florida 32708 6. Brian Christie 130 Rhoden Lane Winter Springs, Florida 32708 2. Debra H. Nault 134 Rhoden Lane Winter Springs, Florida 32708 3. Matthew and Megan Miessler 132 Rhoden Lane Winter Springs, Florida 32708 4. Concepcion Perez 138 Rhoden Lane Winter Springs, Florida 32708 5. Moss Place Homeowners Association, Inc. P.O. Box 195146 Winter Springs, Florida 32708 7. Irene Plancher 303 San Miguel Court Winter Springs, Florida 32708 8. Terri Buzzella 4984 Courtland Loop Winter Springs, Florida 32708 9. George or Denisa Denny P.O. Box 917182 Longwood, Florida 32791 10. Indian Ridge Condo Association 400 San Rafael Court Winter Springs, Florida 32708 AMERICAN CIVIL ENGINEERING CO. 207 NORTH MOSS ROAD, SUITE 211 • WINTER SPRINGS, FLORIDA 32708 Telephone: (407) 327-7700 • Fax: (407> 327-0227 Board of Adjustment Application Below is the legal description for the parcel identified by property ID# 3420-30-533-0000-0050. Lot 5, Excelsior Business Park, according to the plat thereof as recorded in Plat Book 43, Page 12, of the Public Records of Seminole County, Florida. r. $~ ~2S R 8 g x a .g k~~ FIP 1" ,~ N0,{ \r N ~r \r i 4, 0p. \ ~ j / EZ a/ ~ / I ~~ ~' v / ~ J O° mow. ~ I ~ '• ~ If V OTAIST t0 t4. h A ~r NOT ~ y \r\ t• SET r\ ~/RP S~7• 0,214 ~ 131 os(~&~) 1'=30' 0 3o p Ir 27.13' (R) LOT s Tan=15.08' N~~• 0=62°10'56" ~`'l4 ~ Ch.Brg.N31°52'19"W 136 Ch.25 82' / 4K4 / ELEC. FIP 1"key ~ FlP 1 ~ NO}' NO 1 k,~ / ~t~ ~ ,~ ~ ~ac 4 04 / e ~ Tan=550.64' ,y~ y° ° I m ~ ~=169°3T23" w ` Ch.Brg.S85°36'08"E Ch. 99.59' ~ s ~,~ ~ \ Z' CONC / ® M/H ~ M ~~ ~' '~ FIP 1' ~` N0~ o ~ /.>~ ~~ / ~~ v ~n~ ~,o a ~yti ~ Lor a ~ ~, /~ ~V ~~~ pM1' v ~" FIP t N'O~ ~ 7 3.g8. \ FD 4"CM N0~ IMi K wwp ~ 11116° ~f ~Iyw,~ IOY~ tllpO~ -_ • 6~a16116w1 M ~~~' IOI Raw ~O~w srr ~ a o q 1p ~o - n w •~•• ~ 00~~ -o ws 1~4 ~ iowr a1w1 BEC •111 ~ ~ /° ~ q D ~1°~1~ f0 Aw wrs ~~ w111 Agr4 FL000 DIFDRMMIC61: • ~~ ~ 10~Iww111 w R K°I~ Aw 1 ° r raw Ilwl K R iLCOC ZONE ~ a1~1~ Aw we Kw ~ ~ X 1~1 ~ (~11~ a~~~ 1 w1 war s ' a ~n.wa~''.os no.s 1~wi 1O1wFN0w 611 X0111 " 0f 0 0" COYWHIIY tq. w ~ me n.ra w .•e PNIEL N0 t2om5 Ot35 001 0 0 ~ ~ ~ w TI0 ns~11r iv w A100a ~ 0w0R 4L~T66~c1a R°°°1~°la M wP°iw1i~°5Rn1o11 . AtOLY 1~W16 ~ 0R~111a° suFFa E ,~p~ys. Ra r w~ D1TE of nRU ~ j 17/tas XX7( E%CELSIOR PKWY. WINTER SPRRICS FLORIDA 32706 DAIE OF SIATVEV 01/20/01 . LEGAL DESCRIPTION: SURVEY N0. 203463 LOT S, IXCELSIOR PARKWAY, ACCORDING TO 7HE PUT - CERT1iTE0 lb: THEREOF AS RECORDED 61 PUT 8001( 43, PAGE 12, OF THE PUBLIC RECORDS OF SEMNO(E COUN11', FLORIDA. RENAE HAMILTCIN k GREG HANIITON ~` '/'R IIAI6® 6K CLOSING SERVICES ~~"10~_"~~ ~~ SAM` ITH BY: ~~ n6iwlr To 6 mi ~ ~wo~esKaNw~ wwv~row PL9100~NMV0YAM001-TwR,p011 - 2ez s1aRr AYEKVC aA1E 124 LDNGWOOO, R.oWOA mx PHDNe 4G1-331-ssn FAK: 10T-ul-urea LETTER OF TRANSMITTAL AMERICAN CIVIL ENGINEERING COMPANY 207 NORTH MOSS ROAD SUITE 211 WINTER SPRINGS, FLORIDA 32708 PH. (407) 327-7700 FAX (407) 327-0227 DATE:1 /8/08 To: COMMUNITY DEVELOPMENT DEPARTMENT City of Winter Springs 1126 East SR 434 Winter Springs, Florida 32708 COPY TO: file FROM: Justin Garber, Project Manager RE: Park Manor Academy SENT VIA: hand MESSAGE: Please find enclosed the following items for a Board of Adjustment Application: 1. Board of Adjustment Application 1 each .~ 2. 11" X 17" Zoning and Land Use Map 1 each 3. 11" X 17" Survey 1 each 4. Names and Addresses of Surrounding Property Owners 1 each 5. Legal Description 1 each 6. $500.00 Application Check 1 each please review and give me a call Thank you for your attention regarding this matter. Justin Garber, Project Manager ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING FEBRUARY 7, 2008 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, February 7, 2008 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 Gasman, 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 Approval Of The December 6, 2007 Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE DECEMBER [2007] MEETING." MOTION BY BOARD MEMBER GASMAN. SECONDED BY VICE CHAIltMAN TAYLOR. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTNLENT REGULAR MEETING -FEBRUARY 7, 2008 PAGE 2 OF 4 VOTE: BOARD MEMBER GASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE-MALCOLM: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS Previous Agenda Items were discussed. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Presents To The Board Of Adjustment (BOA) A Request For A Conditional Use To Allow A Daycare Facility Within The R-3 (Multiple Family Dwelling) Zoning District, Pursuant To Section 20-208. And Section 20-33. Of The City Code Of Ordinances. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and distributed photographs of the properly site to the Board Members and stated, "We recommend Approval as stated here in the Staff Report." Discussion. Chairman Waters opened the "Public Input "portion of the Agenda Item. Ms. Renae Hamilton, 220 Oak Road, Winter Springs, Florida: as the Applicant of this Request, Ms. Hamilton asked the Board Members to consider this Waiver. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -FEBRUARY 7, 2008 PAGE 3 OF 4 Discussion ensued on the adult to child ratio. For the Record, Chairman Waters spoke about the location and pick up of the dumpster. Chairman Waters closed the "Public Input "portion of the Agenda Item. Safety concerns were discussed regarding the pond and fence. Mr. Baker said, "I will tell our Stormwater person -and if it is not her duty, she can notify whoever it is..." Chairman Waters stated, "...Not all stormwater ponds are required to be fenced and gated." Vice Chairman Jack Taylor asked, "I would like to ask Mr. Baker to make sure, I won't put it in the Motion -make sure that when you read it that the concern of this Commission is about the location of the garbage disposal and hours of operation. Maybe you can report back to us on that when it is." Mr. Baker stated, "All right. And I don't know the answer, but I can find out." "I WOULD LIKE TO MAKE A MOTION TO ACCEPT STAFF'S RECOMMENDATION TO APPROVE THE `CONDITIONAL USE' REQUEST TO ALLOW A DAYCARE OPERATION AT 135 EXCELSIOR PARKWAY WHICH IS WITHIN THE R-3 ZONING DISTRICT PURSUANT TO THE APPLICABLE CITY ZONING CODE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER PAINE-MALCOLM. DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER GASMAN: AYE BOARD MEMBER PAINE-MALCOLM: AYE CHAIRMAN WATERS: AYE MOTION CARRIED. Next, Mr. Baker stated, "Just for information for everybody, Staff plans to take this to the - February 25th [2008] City Commission Meeting." REGULAR AGENDA REGULAR 600. Office Of The City Clerk Election Of Officers. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -FEBRUARY 7, 2008 PAGE 4 OF 4 "I MAKE A MOTION THAT THE ELECTION OF OFFICERS REMAIN THE SAME THAT IS IN PLACE RIGHT NOW." MOTION BY BOARD MEMBER GASMAN. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE BOARD MEMBER GASMAN: AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER PAINE-MALCOLM: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • PUBLIC INPUT Mr. Michael Altif, 1027 Northern Way, Winter Springs, Florida: spoke about the construction of sidewalks on Northern Way. ADJOURNMENT Chairman Waters adjourned the Regular Meeting at 7:30 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the , 2008 Regulaz Boazd of Adjustment Meeting.