HomeMy WebLinkAbout2006 04 24 Public Hearing Item 207 C-1 Zoning Conditional Use
CITY COMMISSION
ITEM 207
Consent
Information
Public Hearing X
Regular
April 24. 2006
Meeting
MGR. IDEPT
Authorization
REQUEST: The Community Development Department presents a request for modification to a
conditional use to allow multiple family dwellings in the C-1 (Neighborhood Commercial)
zoning district pursuant to Section 20-234 of the Zoning Chapter ofthe City's Code of
Ordinances.
PURPOSE: The purpose of this agenda item is to consider the request of John Bullock of KAI
Properties LLC, the applicant, to modify the terms of the conditional use permit, originally
approved by the City Commission on January 23,2006 to allow multiple family dwellings in the
C-1 (Neighborhood Commercial) zoning district. The subject property is located on the south
side of SR 434, just west of SR 419 and across from the vacant Eckerd site.
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-234. Conditional Uses.
(5) 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;
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
reasons for the board's recommendation and show the board has considered the applicable
conditional use 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.
April 24, 2006
City Commission
Public Hearing Agenda Item 207
(d) All conditional use recommendations and final decisions shall be based on the following
criteria to the extent applicable. (Criteria is included below under "Findings").
Comprehensive Plan (Transportation Element)
Policy 1.3.2 The City shall require that the roadways be dedicated to the public when there is a
compelling public interest for the roadways to connect with existing public roadways.
Policy 1.3.3 In order to promote connectivity, the City shall amend its land development
regulations to include provisions to encourage new subdivisions to "stub-out" to adjoining
undeveloped lands and to connect to existing roadways that are "stubbed-out" at their
boundaries.
Policy 1.3.4 The City shall establish access management standards in the City Code to ensure
appropriate access to the City's transportation system. Standards may include the requirement of
joint-use driveways and/or cross access easements to access sites.
Policy 1.5.8 The City shall maintain site design requirements and subdivision regulations in
the Code of Ordinances which adequately address the impacts of new development on adjacent
properties in all land use categories and zoning districts.
Policy 1.6.2 Shared driveways and cross access between adjacent properties shall be
encouraged.
CHRONOLOGY:
Apr. 17,2005 Pre-Application Meeting during Staff Review
Oct. 20, 2005 Conditional Use Application Received
Nov 2,2005 Planning Staff Review
Dec. 1, 2005 BOA Recommended Approval
Dec. 12, 2005 City Commission tabled the item
Jan. 23,2006 City Commission approved Conditional Use (CU)
CONSIDERATIONS:
The approximately 1.7 acre undeveloped site has C-l zoning, a Commercial Future Land Use
(FLU) designation, and is located within the SR 434 New Development Overlay Zoning District.
Multiple-family residential is allowed as a Conditional Use. If granted, the conditional use
would allow up to a maximum of9.0 dwelling units per acre.
The site abuts undeveloped properties to the east and west with C-l zoning. Across (on the north
side) ofSR 434 is the former Eckerd site. To the south is the unimproved Celery Avenue right-
of-way and vacant property that has a Low Density Residential Future Land Use and RC-l
zomng.
As part ofthe original application for the CU, the applicant submitted a conceptual plan that
illustrated his intentions for the site. The plans depicted 15 townhouse units with rear-loaded,
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April 24, 2006
City Commission
Public Hearing Agenda Item 207
two-car garages, a new public roadway connecting to the currently unimproved Celery A venue
ROW, and an underground stormwater system. The Public Works Director has required the
applicant to remove the underground storm water system from the public ROWand place it
elsewhere on the site.
At its December 12, 2005, meeting, the City Commission asked of the ownership and directed
further investigation of several of the conditional use criteria. The applicant supplied a copy of
the Warranty deed (dated April 8, 2005) which was erroneously recorded by the title company in
Volusia County on April 18, 2005, at 4:26 PM (ORB 5534, Page 1456). The Commission
specifically directed staff to address (1) individual access (for each parcel along this portion
of the south side of SR 434) to SR 434, (2) extending Celery Avenue through to Hayes
Road, (3) piecemeal development of this area, and (4) the long term economics of
converting commercially designated property to residential. This analysis was provided as
part of the January 23,2006 agenda package and the results ofthis analysis were considered by
the Commission at that meeting as part of the deliberations on the conditional use.
Part of the direction of the Commission at the January 23,2006 Commission meeting was for
staff to talk to the Florida Department of Transportation to determine if a frontage road could be
installed from the subject property eastward adjacent to SR 434 to allow traffic from the subject
property and other properties in the vicinity to exit at the traffic light located at SR 434 and the
entrance to the First Baptist Church of Winter Springs.
Subsequent to the City Commission's approval of the CD on January 23, 2006, the applicant
has requested an amendment to the CD to allow the entrance road off SR 434 to be a private
roadway with no connection to Celery A venue. The applicant is proposing to keep the frontage
roadway connections to the adjacent parcels to the east and west for use when those parcels are
developed. The applicant has stated that contacts with the adjacent landowners regarding
purchase of their property have proven unsuccessful.
The revised conceptual site plan shows an internal loop roadway with no connection to Celery
Avenue and only 14 townhouse units.
FINDINGS:
Pursuant to Section 20-33(d) ofthe City Code, "all conditional use recommendations and final
decisions shall be based on the following criteria to the extent applicable:
(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 multi-family use, scale and intensity, at this location, is compatible with the
surrounding area and will not adversely affect land use activities in the vicinity since the adjacent
parcels are vacant. During the initial staff review process, every effort was made to coordinate
the site design of the subject parcel to allow integration with future development on the parcels to
the south and east. One design scenario allowed for ten (10) of the proposed units to have access
off an alley which connected to the proposed public ROW. The applicant has decided that he
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April 24, 2006
City Commission
Public Hearing Agenda Item 207
would rather have the private roadway on the property and allow for the cross access to occur
along the SR 434 frontage with no connection to Celery Avenue. While the proposed site design
continues to address the adjacent land to the east and west, it eliminates any proposed access to
the land south of Celery Avenue (approximately 21.5 acres with about 6 developable acres that
could have access through the KAI site)
(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 is proposing townhouses that face onto an internal private street. Garages are rear-
loaded and are proposed to be accessed from an internal alley. The proposed vehicular
circulation would connect SR 434 with the subject property and allow for a frontage road
connecting to the properties located east and west of the subject parcel. There would be no
planned access to Celery Avenue or the property to the south. The Applicant is proposing on-
street parking. These items would need to be addressed in a development agreement.
(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 proposed use with vehicular interconnectivity will allow the adjacent
property to the east and west to develop. Staff will work with the applicant and adjacent property
owners to integrate the overall site design to the greatest extent possible. The town home
development proposed and providing access to properties to the east and west should generate a
net fiscal benefit to the City. If this modification to the CUP is approved, the property to the
south of Celery Avenue will need to seek alternate access to either SR434 or Hayes Road prior to
development. Any access to Hayes Road along the Celery A venue ROW will probably involve
extensive wetland disturbance and mitigation.
(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."
The site has a heavy cover of vegetation. The Applicant will be required to provide a tree survey
and any trees over 24-inch caliper will require Commission approval. No known environmental
factors (e.g. wetlands or listed plant and/or animals) exist on the site. It is expected that the
development will leave a buffer of trees along SR 434. Staff believes that the proposed use 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."
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April 24, 2006
City Commission
Public Hearing Agenda Item 207
The City has water and sewer facilities in place to support the proposed use. Adequate park and
recreation facilities are in place to serve the facility. If approved at 14 units, the development
would add 82 total average annual daily trips to SR 434. This additional traffic will have a
minimal effect on SR 434 and total traffic volume and will not cause a decrease in the level of
service (LOS) for SR 434. The proposed concept plan does not provide public roadway
connections to the unimproved Celery A venue ROWand the small area of developable land to
the south of this ROW.
(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 will help to create vehicular interconnectivity with properties to the east
(commercial/office) and west (commercial/office). Conversion of the adjacent commercial (C-1)
parcels would be in keeping with the City's initiative of discouraging strip commercial along SR
434 by allowing multi-family uses on this commercial property with a CUP.
Staff has worked with the applicant to propose an alternate site design that would allow 10 of the
proposed units to have garages fronting on an alley. The applicant is concerned that this
orientation would place the front of the townhouse units on Celery Avenue and an interval
courtyard.
The Commission has indicated a concern about opening up Celery A venue to the west and the
traffic staging problem that would result at the Hayes Road and SR 434 intersection. In addition,
there continues to be concern over the development of the area is a"piecemeal" fashion. While
the proposed concept addresses access to the parcels east and west of the site, access to the
properties south of Celery Avenue remains a concern that is not addressed by the new proposal.
Staff is bringing this item back to the City Commission because the request is to modify
conditions of approval that were placed on the application by the Commission.
STAFF RECOMMENDATION:
Staff is of the opinion that the proposed change to the development concept still addresses the
cross access issues to the parcels located east and west of the subject site. However, staff
remains concerned that the "internalization" of the roadway and the elimination of the access to
Celery Avenue is detrimental to the overall development of the area and would eliminate any
incentive for the property owners to work together on developing the area, thus promoting a
"piecemeal" approach to the master plan for the area. In addition, the proposal appears to be
inconsistent with several policies contained in the Comprehensive Plan. Staff therefore
recommends that the City Commission deny the request of KAI Properties, LLC for an
amendment to the Conditional Use Permit.
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April 24, 2006
City Commission
Public Hearing Agenda Item 207
ATTACHMENTS:
A. Concept Plan as considered at the January 23,2006 City Commission meeting
B. Concept Plan as proposed with the Private ROW
C. January 23,2006 City Commission minutes
D. December 12,2005 City Commission minutes
COMMISSION ACTION:
6
ATTACHMENT B
PROPOSED
ATTACHMENT A
ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING -JANUARY 23, 2006
PAGE 5 OF 26
Discussion.
Tape 1/Side B
Further discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE AND
AUTHORIZE RECORDATION OF THE DUNLEVY LOT SPLIT, SUBJECT TO
THE CITY ATTORNEY'S REVIEW AND COMMENT." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
:> 203. Community Development Department
Presents A Request For A Conditional Use To Allow Multiple Family Dwellings In
The C-l (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234.
Of The Zoning Chapter Of The City Code Of Ordinances.
"MOTION TO REMOVE FROM THE TABLE." MOTION BY
COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY
COMMISSIONER MILLER." DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Mr. Baker introduced this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 23, 2006
PAGE 6 OF 26
Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department.
Commissioner Robert S. Miller spoke for the Record on egress and safety concerns.
Further discussion.
Regarding a Department of Transportation right-of-way, Commissioner Gilmore asked
Mr. Baker, "What is planned by DOT (Department of Transportation) for that?" Mr.
Baker stated, "I don't know." Commissioner Gilmore added, "Why doesn't the City and
the Developers enter into discussions with the DOT (Department of Transportation) for
putting the frontage road in here?"
Commissioner Gilmore then noted, "Why don't we talk to the DOT (Department of
Transportation) about this piece right here and talk to the Church about coming out here,
and then it would solve a lot of our concerns. It is a right-of-way, so why not utilize the
right-of-way for what it is there for?" Mr. Fields stated, "We'll be glad to talk to the
DOT (Department of Transportation) about that. It is probably programmed for six-
laning through there, which may not take up all that right-of-way, but we'll be glad to
bring it up with them and see if they are open to that idea."
Further discussion.
Commissioner Miller stated, "I would like to get a Consensus about - having Staff look
into the possibility of making this DOT (Department of Transportation) Easement, the
way to get out, and they would go out through the Church, exit there, right onto that
traffic light. The alternative to that would be to make one (1) exit onto {State Road]
434 from all of these properties and probably use this one, because he is the first guy
going in and he and his people are going to have to get out of that - residential area - if
he goes forward with this. So I would like to get a - Consensus of the Commission on
both of those Items."
Commissioner McGinnis said, "Yes." Commissioner Krebs stated, "Check into it. "
Mayor Bush added, "We have Consensus on that. "
With discussion, Mr. Baker asked, nSince the plans show the Cross Access Easement
on the private property, could the frontage road that you are talking about be on
private property instead of in the DOT (Department of Transportation) - right-of-
way?" Commissioner Miller said, "Sure, if the DOT (Department of Transportation) is
- going to take it at some point. "
Mayor Bush said, "Anything that you could come up with, that would address what the
Commission is saying here would be good - how it is done." Mr. Baker said, "All right,
thank you. "
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 23, 2006
PAGE 7 OF 26
"I MOVE THAT WE APPROVE THE CONDITIONAL USE REQUEST FOR
PARCEL 34-20-30-SAW-0000-028A ON THE SOUTH SIDE OF STATE ROAD
434." MOTION BY COMMISSIONER McGINNIS. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER GILMORE: AYE
COMMISSIONER McG~NNIS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: NAY
MOTION CARRIED.
Tape 2/Side A
Attorney Garganese stated that the "Applicant now has two (2) years in which to pull the
Building Permit for - any particular property to implement the 'Conditional Use',
otherwise it become Null and Void."
PUBLIC HEARINGS
204. Office Of The City Clerk
MOVED TO THE CONSENT AGENDA
Requesting Approval Of The January 9, 2006 Regular City Commission Meeting
Minutes.
Please see the Consent Agenda for this Agenda Item.
REGULAR AGENDA
REGULAR
300. Office Of The City Manager
Requesting The City Commission Approve The Solid Waste Management
Agreement With Seminole County.
Manager McLemore introduced this Agenda Item.
Discussion.
"I WILL MAKE A MOTION - THAT WE APPROVE ITEM '300', THE SOLID
WASTE MANAGEMENT AGREEMENT WITH SEMINOLE COUNTY."
MOTION BY COMMISSIONER GILMORE. MAYOR BUSH SAID,
"SECONDED BY COMMISSIONER KREBS." DISCUSSION.
ATTACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 12,2005
PAGE 3 OF 23
Mayor Bush called a Recess at 6:58 p.m.
The Meeting was called back to Order BY Mayor Bush at 7: 12 p. m.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
200. Community Development Department
Presents A Request For A Conditional Use To Allow Multiple Family Dwellings In
The C-l (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234.
Of The Zoning Chapter Of The City Code Of Ordinances.
Mr. John Baker, AICP, Senior Planner, Community Development Department introduced
this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Commissioner Robert S. Miller spoke of Celery Avenue and stated, "I think there is a
very serious issue here and I think you and the City Manager need to really think about
this and bring it back to us quick. The issue is, I don't think that these properties
developed along that stretch there, is going to work and have each one have their own
access onto [State Road] 434. I think it is going to become very problematic - real
problematic; because it is in an area approaching a major intersection, [State Road] 419.
If Celery Avenue should be opened up going all to the west - Hayes Road, it also is going
to cause a problem in staging because they will be trying to get out into an intersection -
into staging lanes where they will probably have less than twenty (20) or thirty feet (30')
to the intersection, and it will be all of the traffic that is already - in that subdivision,
trying to get out, during the rush hours of coming and going in the mornings.
I think there is a way to solve this by thinking about this now. Because it is probably
possible to draw out some sort of a concept where all the traffic would - egress onto
Hayes Road - that Hayes Road is going to have to probably - have to - move it lighter -
where they come onto Hayes Road, it is probably going to have to be further south than
where Celery Avenue is right now."
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 12,2005
PAGE 4 OF 23
Mr. John A. Bullock, KIA Properties LLC, 817 Pink Camelia Court, Apopka, Florida:
stated, "Right now the retail price of these for what we are having - these units is
probably around one hundred eighty dollars ($180.00) a square foot." Regarding the size,
Mr. Bullock stated, "Eighteen hundred to two thousand (1,800 - 2,000) so that is in the
range of three hundred to three hundred forty thousand [dollars] ($300,000.00 -
$340,000.00). "
Discussion ensued on green space and Cross Access Easements.
Tape l/Side B
Discussion ensued on the ownership of the property, to which Deputy Mayor Blake said,
"I think we need some proof of ownership, since I understand it was a contract purchase
deal; but if we are dealing with somebody who does not own the property, then it really
makes the question I think, moot at this point in time, until such time the Property Owner
makes application."
Mr. Bullock stated, "The legal owner of this property is Kia Properties LLC." Deputy
Mayor Blake inquired, "When did that transaction close?" Mr. Bullock responded,
"Probably about three (3) months ago - four months (4) ago."
Mayor Bush said, "I think we need to get a Consensus on Commissioner Miller's
original concerns on the road development of Celery Avenue versus State Road 434."
Deputy Mayor Blake stated, "I think there are probably three (3) main issues. One is
access, whether it be from the south side or the north side - Cross Access Easements,
those are issues that need to be dealt with. The second one is a kind of a piecemeal
development of that region - that is an intersection area and I think will become even
more highly developed in the near future and if we are doing small plots and changing
or giving special permission to use different types of Land-Use that is currently
approved on one of them, that affects it,' and then thirdly, is the question of where do
we really stand losing more commercial property to residential?"
Next, Deputy Mayor Blake commented, "And this isn't something just for today, we are
talking about a very, very long term here; so these are three (3) issues that I think
probably Staff might want to do a little bit of work on, and then of course talk to
Commissioner Miller on some of those access issues as well" Mayor Bush stated,
"Does that cover your access question, Commissioner Miller?" Commissioner Miller
said, "It does. "
Mayor Bush said, "That is a recommendation on the Consensus for Commissioners
Blake and Miller. Do we have the Consensus of the Commission on this?"
Commissioner Sally McGinnis remarked, "Yes." No objections were voiced. Mayor
Bush then stated, "I think we have Consensus on that. "
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - DECEMBER 12, 2005
PAGE 5 OF 23
"MOTION TO TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED
BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER
ADDED, "THAT IS WITH THE THREE (3) POINTS THAT HE BROUGHT UP."
DISCUSSION. MAYOR BUSH NOTED, "THE CONSENSUS HAS BEEN
APPROVED."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
City Attorney Anthony A. Garganese stated, "If a 'Conditional Use' Application presents
significant concerns for the Commission, the Commission can impose safeguards and
conditions before that 'Conditional Use' becomes effective. So you can make a decision
on the 'Conditional Use', lay down your conditions, and if they meet the conditions at a
later date, the 'Conditional Use' becomes effective; if not, it's null and void."
REGULAR AGENDA
REGULAR
300. Community Development Department - City Arborist
Recommends The City Commission Consider The Request Of Mr. Earl Roberts Of
975 Wedgewood Drive, To Remove (1) Specimen Tree Located On His Residential
Lot.
Mr. Mike Mingea, Arborist, Community Development Department introduced this
Agenda Item.
Mr. Earl Roberts, 975 Wedgewood Drive, Winter Springs, Florida: briefly addressed the
City Commission.
"MOVE TO APPROVE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR
BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS."
DISCUSSION.