Loading...
HomeMy WebLinkAbout2006 07 10 Public Hearing 200.2 Starlight Baptist Church CITY COMMISSION AGENDA ITEM 200.2 Consent Informational Public Hearing X Regular July 10. 2006 Meeting ~~ Mgr. / D Authorization REQUEST: The Community Development Department requests the City Commission hold a public hearing to review and provide a determination of the Starlight Baptist Church's variance request from Section 9-278 of the City Code to allow stabilized grass parking spaces at its 190 East Bahama Road location, for those parking spaces to be used only on Sunday and Wednesday evenings, pursuant to Section 9-5 of the City Code. This request is in conjunction with the conditional use and a site plan to expand the existing church on that 4.28 acre site at the N. W. comer of E. Bahama Road and Hayes Road. PURPOSE: The purpose of this agenda item is to consider a variance request to allow certain areas of stabilized grass parking in conjunction with the expansion of the Starlight Baptist Church, located at 190 East Bahama Road. APPLICABLE CODE: Sec. 9-5. Sec. 9-277. Sec. 9-278. Sec. 20-33. Sec. 20-82. Sec. 20-163. Variances [from Chapter 9 specifications] Off-street parking requirements. General provisions for off-street parking. Conditional Uses. Duties and powers, general. Conditional Uses [in R1-AA district]. CONSIDERATIONS: The site is approximately 4.28 acres and contains the existing Starlight Baptist Church sanctuary (approximately 7,055 SF), unattached accessory building (approximately 1,728 SF), and a covered basketball court (approximately 5,000 SF). The site has Rl-AA zoning and a Rural July 10, 2006 Public Hearing Item 200.2 Page 2 Residential Future Land Use (FLU) designation. It abuts other Rl-AA properties to the north, east, and west; a portion of the Mount Greenwood [residential] PUD to the northwest; and RC-I property to the south. The site is located within the Ranchlands, an area of the City where the residents take pride in the semi-rural setting. The church has submitted a conditional use application (to expand the church within the Rl-AA zoning district), a final engineering/site plan (for the expansion), and a variance request (to allow grassed parking for those spaces that will be used only on Wednesday evenings and Sundays). The plan is to construct a new 30,167 SF sanctuary (with 783 seats) and provide additional parking for the expanded facility and generally bring the site into conformance with Code. The existing structures are proposed to remain, with the covered basketball court eventually being enclosed. A development agreement is proposed (not yet received) to address scheduling a sidewalk along E. Bahama Road and other site issues, including, but not limited to, bus parking/screening, as well as the overnight accommodation of visiting pastors and/or visiting smgmg groups. The applicant requests a variance from the Section 9-278 requirement that parking spaces be either paved or hard-surfaced, pursuant to the variance provisions of Section 9-5, to allow stabilized grass parking for those spaces that will only be used on Wednesday evenings and Sundays. Staff supports this variance and notes that many local codes have provisions to allow stabilized grass parking for those spaces not used on a daily basis at a church. It is generally understood that there will be exceptions when the grassed parking is needed, other than these 2 days (e.g. Christmas and large weddings or funerals). Section 9-5 (see attached) provides a mechanism for variances from the Land Development Code requirements of Chapter 9. These are different requirements than those contained in Chapter 20 of the City Code. a) "The board of adjustment may grant a variance from the terms of this chapter when such a variance will not be contrary to the public interest, and where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardships. Such variances shall not be granted if it has the effect of nullifying the intent and purpose of this chapter." Staff believes it is in the public interest to allow adequately stabilized parking for spaces that will only be used on Wednesday evenings and Sundays, minimizing the impervious area and stormwater runoff from the site. Many other city and county codes contain language to allow stabilized parking in these circumstances. A literal interpretation of the requirement for all paved or hard-surfaced parking would create a hardship in that the site would be less environmentally friendly (e.g. more impervious, more and hotter storm-water runoff, hotter parking lot surface, less conducive to maintaining a healthy vibrant landscape and therefore less aesthetically appealing) and less consistent with the semi-rural character of the area. The grassed area could be used for active recreation when not being used for parking. Grassed parking would help maintain the semi-rural character of the area. It will be the church's responsibility to design July 10, 2006 Public Hearing Item 200.2 Page 3 (through the site plan process), construct, and maintain the stabilized grass parking so that it does not become rutted or unsightly. If, in the future, the church expands its operations to include more daily activities which increase the daily parking demand, the additional demand should be met with additional paved or hard- surfaced parking. b) "A written application for such variance must be submitted demonstrating that special conditions exist which are peculiar to the lands, structures, or required subdivision improvements involved and which are not applicable to other lands, structures or required subdivision improvements." Staff believes that parking requirements, as they apply to churches and their needs, are unique. Churches that do not provide extensive or intensive activities throughout the week are typically required to only provide paved or hard-surfaced parking for those spaces used on a regular basis, in contrast to those used only on Wednesday evenings and Sundays. Many consider the Ranchlands to be unique; it is a place where there has always been an emphasis on maintaining the semi-rural character of the area. c) "Before any variance shall be granted, a public hearing on the proposed variance shall be held by the board of adjustment. Notice of such public hearing shall be published fifteen (15) days prior to the hearing in a newspaper of general circulation in the county. Such notice shall also be posed fifteen (15) days prior to the hearing in three (3) separate places in the city, and be mailed to all persons who are record owners of property within one hundred fifty (150) feet of the subject property." This has been done. Notice has been posted in 3 locations. Letters went out to all abutters within 150' feet of the subject property (list provided by applicant) on May 26,2006. An advertisement was published in the Orlando Sentinel on June 1,2006 (page G4). When staff received the directive to limit the number of agenda items for the June 26 Commission, staff announced the revised July 10 Commission date at the June 15 BOA meeting, sent revised abutters' letters to all property owners within 150 feet of the site, and amended the sign that had been posted at the site. d) "The board of adjustment shall make findings that the requirements of each portion of this section have been met. The board of adjustment shall further make a finding that the reasons set forth in the application justifying granting of the variance and that the variance is the minimum variance that would make possible the reasonable use of lands, buildings or other improvements." The Board has determined that this is the minimum variance required to allow the proposed expansion of the church, meet the legitimate parking needs of the church, and maintain the semi- rural character of the neighborhood. July 10, 2006 Public Hearing Item 200.2 Page 4 e) "The board of adjustment shall make a further finding that the granting of the variance would be in harmony with the general purpose and intent of this chapter and will not be injurious to the surrounding territory or otherwise detrimental to the public welfare." The Board has determined that granting the variance would be in harmony with the general purpose and intent of this chapter and will not be injurious to the surrounding territory or otherwise detrimental to the public welfare. Staff believes that requiring paved or hard-surfaced parking for all the required spaces (paving spaces that will only be used 2 days a week on a regular basis) would actually be less in harmony with the general purpose of the chapter and would be injurious to the surrounding territory and otherwise detrimental to the public welfare. Granting the variance, subject to reasonable conditions, would further protect and maintain the rural character of the Ranchlands. f) "In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards, to such variance, and when made a part of the terms which the variance is granted a violation of any term or condition shall be deemed a violation of this chapter and shall be punishable as such. The BOA and staff recommend conditions of approval as follows: (1) that the stabilized grass parking be allowed solely for those spaces which will be used only on Wednesday evenings and on Sundays, on a regular basis (not to be penalized for infrequent, occasional use on other days or nights); (2) such grassed parking be designed, constructed, and maintained to be functional, rut free, and aesthetically pleasing; (3) any change or intensification of daily parking demand must be met with a commensurate additional number of paved parking spaces; and (4) failure to adequately maintain the grassed parking area may result in the requirement to pave or provide hard-surface parking for all the spaces. CHRONOLOGY: November 1, 2005 - Conditional Use & site plan applications and fees received; November 22, 2005- Staff review March 16, 2006 - Revised plan and information submittal April 4, 2006 - Staff review May 12, 2006 - Variance application & fee received June 15,2006 - BOA recommended approval of variance, subject to conditions FINDINGS: 1. The site is located within the Rl-AA One Family Dwelling [zoning] District and has a Rural Residential Future Land Use (FLU) designation. July 10, 2006 Public Hearing Item 200.2 Page 5 2. The variance request to allow stabilized grassed parking for those spaces used only on Wednesday evenings and on Sundays must meet all the variance criteria set forth in Section 9-5 of the City Code. 3. The BOA and staff believe that the variance request meets all of the variance criteria set forth in Section 20-163 of the City Code and supports the request, subject to the recommended conditions. BOARD OF ADJUSTMENT ACTION: The BOA heard the variance request at its special June 15, 2006, meeting. The Board determined that all the variance criteria set forth in Section 9-5 had been met and voted to recommend approval, subject to conditions. RECOMMENDATION: The BOA and staff recommend that the City Commission approve the variance request to allow the Starlight Baptist Church to provide stabilized grassed parking for those spaces which will only be used on Wednesday evenings and on Sundays, subject to the following conditions: 1. that the stabilized grass parking be allowed solely for those spaces which will be used only on Wednesday evenings and on Sundays, on a regular basis (not to be penalized for infrequent occasional use on other days or nights); 2. such grassed parking be designed, constructed, and maintained to be functional, rut free, and aesthetically pleasing; 3. any change or intensification of daily parking demand must be met with a commensurate additional number of paved parking spaces; and 4. failure to adequately maintain the grassed parking area may result in paving or providing hard-surface parking for all the spaces. ATTACHMENTS: A - Application Package B - Location Map C - Section 9-5 D - Draft BOA minutes ~ ATTACHMENT A ~ AMERICAN CIVIL ENGINEERING CO. 207 NORTH MOSS ROAD, SUITE 211 · WINTER SPRINGS, FLORIDA 32708 Telephone: (407) 327-7700 · Fax: (407) 327-0227 May 12, 2006 John C. Baker, AICP City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Re: STARLIGHT BAPTIST CHURCH - WINTER SPRINGS, FLORIDA NW CORNER OF HAYES ROAD & BAHAMA ROAD VARIANCE REQUEST APPLICATION Dear Mr. Baker: Find enclosed the following items in regards to the Variance Request Application for the above mentioned project for your review, comment and to place this request along with the Conditional Use application on the June City Council meeting: It~ One (1) executed combined Variance Request Application At,. ~C::~l".O One (1) review fee check in the amount of $500 ,., , 1 < One (1) copy of the boundary, topographic and tree survey C/~O~ l006 er/'f1itt~/Y"r€ One (1) copy of the legal description '{J cS 1.1sPf?!. One (1) list of adjacent property owners Cefl8iflQ'^'G8 One (1) 11" x 17" copy of the map showing adjacent streets, zonings and land uses If there are any questions or comments regarding this application, please do not hesitate in contacting us. Sincerely, American Civil Engineering Company ~t-I.~ Thomas H. Skelton, P .E. Vice President Cc: Dr. Glenn C. Riggs; Starlight Baptist Church Greg Roebuck; Aagaard-Juergensen, Inc. CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:40 7 -327 -6695 BOARD OF ADJUSTMENT APPLICATION o CONDITIONAL USE I SPECIAL EXCEPTION Gi VARIANCE o WAIVER APPLICANT: MAILING ADDRESS: PHONE & EMAIL Sr~rlight Baptist Church, Last First lQO E. Bahama Road winter springs, Fl City State (407) fiQfi-l)110 Inc. Middle 32708 Zip Code ken@qppinc.com PROPERTY OWNER: If Applicant does NOT own the property: MAILING ADDRESS: PHONE & EMAIL (Applicant) Last First Middle City State Zip Code This request is for the real property described below: PROPERTY ADDRESS: 190 E. Bahama Rd., Winter Springs, Fl. 32708 TAX PARCEL NUMBER: 02-21-30-50 4-0AOO-0 0 20 SIZE OF PARCEL: 186,437 SF 4.28 AC Square Feet Acres EXISTING LAND USE: Church Current FUTURE LAND USE Classification: P11b J i r.f !=; pm i-Pub 1 i c Current ZONING Classification: R-1AA Please state YOUR REQUEST: "RPCJ11PRt A Variance From The Requirements Of Subsection 9-278(9), Pursuant To Section 95 Of The City Code, To Allow Stabilized Grass n~~~;ng~nr Thn~~ !=;p~r.ps That Are Used Only On Sunday And Wednesday Nights. 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: Gl A copy of the most recent SURVEY of the subject property. GJ A copy of the LEGAL DESCRIPTION reflecting the property boundaries. IX 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. l2J JUSTIFICATION for the Request (See Attached list) [X NAMES and ADDRESSES of each property owner within 150 ft. of each property line. Gl Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). m APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for 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 ofthe pertinent stage of development. CONDITIONAL USE / SPECIAL EXCEPTION $ 500 WAIVER $ 500 VARIANCE $ 500 TOTAL DUE $ 500 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 B;;;;:r;~ Signature of Owner /K~ Notary Public My Commission expires: Sworn to and subscribed before me this If day of ~ 20~. -t1- Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath .. 'L'" ~.\'I.~LTON ..;;,., .J.... (," TE OF FLORIDA [~.tt-\ ~'!C~I.:Jh/,Sf ~i~T: 00397402 . . \">. ~.: [' :)If. . S 4/27/2009 -."/'0' ,\.#."- ....... [, . :::.X T,'i<U '1-888-NOTARY1 ************************************************************************************** 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 ofOwner(s) Sworn to and subscribed before me this day of 20_, Notary Public My Commission expires: Personally Known Produced 10: (Type) Did take an Oath Did Not take and Oath ************************************************************************************** 3 March 2005 VARIANCE REQUEST Taken from Winter Springs Code of Ordinances, Section 20-32(d): Address each of the following conditions related to the variance request. Attach additional paper as necessary: o What is the Variance you are requesting? A Variance From The Requirements Of Subsection 9-278(9), Pursuant To Section 9-5 Of The City Code o What special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district? The Majority Of The Parking Lot Will Only Be Used For Half Of A Day On Sunday And A Couple Of Hours On Wednesday. o Are these special conditions and circumstances the result of actions by the applicant? No. The Church Presently Has The Grass Parking. o How will a literal interpretation of the provisions of the zoning district deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and work unnecessary and undue hardship on the applicant? The Code Would Presently Require The Entire Parking Lot To Be Paved. Therefore, 95% Of The Time, You Would Be Looking At An Empty Paved Parkinq Lot. 6 Match ZOOS o Will granting the variance, confer any special privilege that is denied to other lands, buildings or structures in the same zoning district? No, It Is Very Common To Allow Grass parking For Churches. o Is the variance, as requested, the minimum variance that will make possible the reasonable use of the land, building or structure? It Is The Only Variance Being Requested. o How is the variance in harmony with the general intent and purpose of the zoning district? The Church Is Located In A Residential Zoning District. The Grass Parking Gives A Look Of An Open Field. o Will granting the variance be injurious to the neighborhood or otherwise detrimental to the public welfare? Grass Parking Would Not Be Injurious To The NeighborhoodOr Detrimental To The Public Welfare. o Identify how the request is consistent with the objectives and policies of the Comprehensive Plan: To Provide The Required Parking, While Not Having A Paved Parking Lot That Would Need To Be Screened. 7 Man:h 2005 Stoner Rd Hayes Rd Bahama Rd Riunite Cir Lancers Dr H 300 305 G 300 315 290 270 275 285 310 319 F 325 320 330 ---- D J.- -- ---- -\: '\J 345 355 246 220 230 255 250 190 225 235 215 c 400 B 405 A 260 266 6 NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 P'I.."".........._ ~_ 400 . Feel 3' ap Page Developed By: Sou/hem/em Surveying & Mapping Cotp. 2 : 2431 ATTACHMENT C. ~ 9-1 WINTER SPRINGS CODE tract of land, whether improved or unimproved, into three (3) or more contiguous lots or parcels of lands, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether imme- diate or future, of transfer of ownership, or if the establishment of a new street is involved, any division of such parcel. The term includes a resubdivision and, when appropriate to the con- text, relates to the process of subdividing or to the land subdivided. Swale means an open cut with a slope ratio of the front face, or roadside face, which is shallower than 3:1. 1ree preservation, see section 5-l. (Code 1974, ~ 14-1). Sec. 9-2. Sale of nonplatted property. No owner of real property being a subdivision as defin.ed in this chapter, shall sell lots from such tract without first having, in accordance with.the requirements hereof, such tract surveyed and a plat of the lots proposed to be sold prepared by a registered surveyor except as provided in section 9-3. Before such plat shall be recorded, it shall be approved in accordance with the specific provi- sions of this chapter and F.B. Ch. 177. No permit shall be issued for the construction of any build- ing or for an electrical hookup on any lot sold in violation of this section. (Code 1974, ~ 14-3) Sec. 9-3. Dividing platted property. An owner of a single lot of sufficient size, except in a platted area of a planned unit devel- opment, may, with prior approval of the city commission, divide an originally platted single lot once into no more than two (2) parcels or lots. An owner of a lot which has been divided shall not be granted approval for a replat which would result in dividing the originally platted single lot into more than two (2) parcels or lots. Each parcel or lot so divided shall in every respect meet the criteria established elsewhere in this Code for the category of zoning and other relevant Codes un- der which the property is zoned and each parcel or lot shall meet the engineering requirements set out elsewhere in this chapter. In such instance, and only within the strict application of this section, may the full provisions of this chapter be waived and variances granted thereto. No build- ing permit shall be issued for the erection of any building on a previously platted lot which is divided contrary to this section. (Code 1974, ~ 14-3.1) Sec. 9-4. Waiver to subdivision requirements. For subdivisions where no new streets, water, sewer, or drainage structures are involved, appli- cation for approval of preliminary or final subdi- vision plans may be waived provided, however, that a plat that can be recorded of the proposed subdivision shall be submitted for review by the city staff. The recommendation of the city staff shall be subject to approval by the city commis- sion. The purpose of this approval is to ensure that the proposed subdivision conforms to appli- cable requirements of the subdivision regulations. (Code 1974, ~ 14-3.2) I!J.n, I.~t "t, sc..- ""Is~ '4; 2 ,.w , ,..) Sec. 9-5. Variances. ~ew..;-=- (a) The board of adjustment may grant a vari- ance from the terms of this chapter when such variance will not be contrary to the public inter- est: ana where -oWliigto'special conditions, -a literal entorcement ot the provisions of this cllaO: terwOiii(f;esiiIi in unnecessaryhardships. Such variance shall not be' granted if it has the~effect of nullifying the intent and purpose of this chapter. (b) A written application for such variance must be submitted demonstrating that special conditions exist which are peculiar to the lands, structures or required subdivision improvements involved and which are hot applicable to other lands, structures or required subdivision improve- ments. Application shall be accompanied by the fee for a variance as specified in the fee schedule currently in effect. (c) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the board of adjustment. Notice of such public hearing shall be p,!!blished fifteen (15) d~s rior to the hearing in a newspaper of general circulation in the county. uc no Ice shall also be posted fifteen U5) days prior to the hearing in three (3) separate places in tlie city, and be mailed 562 LAND DEVELOPMENT to all persons who are record owners of property within one hundred fifty (150) feet of the subject property. (d) The board of adjustment shall make find- ings that the requirements of each. portion of this section have been met. The board of adjustment shall further make a finding that the reasons set forth in the application justifY granting of the variance and that the vanance IS the minimum variance that would ,make os sible the reason e use 0 the lands, u lng'S or other imprQYe- ments. (e) The board of adjustment shall make a fur- ther finding that the granting of the variance would be in harmony with the general purpose and intent of this chapter and will not be injuri- ous to the surroundnlg territory or otherwise detrimental to the public welfare. (f) In granting any variance, the board of ad- justment may prescribe a ro riate conditions and safeguar s, to such variance, and when made a part oftheTerms which the variance is granted a violation of any term or condition shall be deemed a violation of this chapter and shall be punishable as such. (Code 1974, ~ 14-4) Sec. 9-6. Appeals from granting of variances. (a) Any 'person, board, taxpayer, department or bureau of the city, aggrieved by the granting of any variance, or the failure of granting of any variance, or by the interpretation by the board of adjustment of this chapter may appeal the deci" sion of the board of adjustment to the city council. (b) Upon the rendering of an unfavorable de- cision upon appeal by the city council, any person, board, taxpayer, department or bureau of the city, aggrieved by the granting of any variance or by the interpretation by city officials of this chapter may seek review through a court of record of such finding or interpretation in the manner provided by the laws of the state. (Code 1974, ~ 14-5) Sec. 9-7. Enforcement and penalties. (a) The city council or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance ~ 9-26 with the provisions .of this chapter, including injunctive relief, to enjoin and restrain any per- son from violating the provisions of this chapter and any rules and regulations adopted under this chapter, and the court may, upon proof of the violation of this chapter, issue such temporary and permanent injunctions as are necessary to prevent the violation of this chapter. (b) Any person violating or failing to comply with the terms and provisions specified herein, shall be punished, upon conviction and at the discretion of the court, by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding sixty (60) days, or by both fine and imprisonment. Each day that a violation is per- mitted to exist shall constitute a separate offense. (Code 1974, ~ 14-6) Sec. 9-8. Soil, rock, etc., removal. (a) It shall be unlawful for any person to remove from any real property within the city any soil, subsoil, rock, or sand without approval as provided herein. Prior to such removal such per- son shall file with the city manager an application which shall include a written consent of the owner for such removal. The city manager shall present the application to the city commission for its approval. If the commission approves the ap- plication, the mayor shall issue a written permit for such removal. (b) Unless such removal becomes a public nui- sance or endangers the public health, safety or welfare, no permit would be necessary other than a building permit for the removal which would be incident to the preparation of single-family homes or auxiliary structures such as patios, swimming pools or driveways. (Code 1974, ~ 9-5) Sees. 9-9-9-25. ReseJ'Ved. ARTICLE n. PROCEDURE FOR SECURING APPROVAL OF PLANS AND PLATS DIVISION 1. GENERALLY Sec. 9-26. Maps, engineering plans and plats to be submitted in preliminary and final form. Nine (9) copies of all maps, engineering plans or plats of subdivisions of any land within the city 563 n'd %66 (Sl,V a( l,0v ATTACHMENT D 6v:80 900c-0(-Nnr CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES 1Y BOARD OF ADJUSTMENT REGULAR M[!lrrING JUNe 15.2006 (RCSCHcDUU:U FROM THURSDAY, JUNE 1,2(06) . PAGE 'I OF 14 "I RECOMMEND THAT WE APPROVE THE AGENDA ITEM AS PRESENTED BY STAFF SUBJECT TO THE FOLLOWING: NUMBER ONE (1) A REVIEW OF THE FINAL SITE PLAN TO INCLUDE MAJOR AESTHETIC REVlEW INCLUDING ALL NECESSARY LANDSCAPE BUFFERS; A RECOMMENDATION FOR 'NO PARKING' SIGNS TO BE PLACED ON BAHAMA [ROAD] AND ON HAYES [ROAD} TO ELIMINATE PARKING ON THE STREET; AND PROPOSE A HIDDEN LOCATION FOR THE BUSES POSSIBLY EVEN OFF SITE. WE WOULD LIKE TO RECOMMEND THAT THIS DEVELOPMENT AGREEMENT INCLUDE LANGUAGE LIMITING THE FUTURE BUILDING GROWTH ON THE PROPERTY AND SECONDLY, PART OF THE DEVELOPMENT AGREEMENT SHOULD INCLUDE THE STIPULATION FOR REASONABLE HOURS OF OPERATION FOR ACTIVITIES." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. CHAIRMAN WATERS SAID, "WE SAID, 'BUILDING GROWTH', I AM MORE INTERESTED IN 'CAPACITY GROWTH' THAN 'BUILDING GROWTH'." MR. BAKER SAID, "THAT WOULD BE INTENSIFYING THE EXISTING USE." WITH CONCERNS ON CAPACITY GROWTH, CHAIRMAN WATERS SAID, uDO I HAVE A CONSENSUS THAT IT IS FOR INTENSITY?" VICE CHAIRMAN TAYLOR SAID, "SURE." BOARD MEMBER FAlRCHILD SAID, "YES." VOTE: BOARD MEMB~R COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMB'ER FAIRCHILD: AYE l\fOTION CARRIED. Chairman Waters acknowledged Deputy Mayor Michael S. Blake who was in attendance. ~ rUBLlC HEARINGS 201. Community Development Department Requests The Board Of Adjustment Hold A Public Hearing To Review And Provide The City Commission A Recommendation For Starlight Baptist Church's Variance Request From Section 9-278. Of The City Code To Allow Stabilized Grass Parking At Its 190 East Bahama Road Location, For Those Parking Spaces To Be Used Only On Sundays And On Wednesday Evenings, Pursuant To Section 9-5. Of The City Code. The Request Is In Conjunction With The Conditional Use And A Site Plan To Expand The Existing Church On That 4.28 Acre Site At The North West Corner Of East Bahama Road And Hayes Road. Mr. Baker introduced this Agenda Item. tt . .-4 ~C;) ,17 F?C' )Vll? ~nNr~.-4~ ~~INTM ~n llTI 7? . c.", Q"''''? _"'e' _~.fn r c:: ~ -d %55 ~S'- 17 a:~ '-1317 617:813 91313c-13~-Nnr CITY OF WINTER SPRINGS, FLORIDA{p UN^PPROVED MINUTES ;:/ BQARD OF ADJUSTMF.NT , REGULAR MEETING - JUNE J S. 2006 ;_ (RESCHEDULED FROM THURSDAY. JUNE 1,2(06) , PAGE 12 OF 14 Tape J/Side ^ Mr. Baker read into the Record the "Findings" and said, "Staff believes the Variance Request meets all the Variance Criteria and supports the Request subject to those recommended Conditions, So, we [Staff) do recommend approval." Discussion. Viewing the Site Plan, Chairman Waters asked Mr. Skelton, "The drives through there and the traffic lanes will not be paved either. Is that correct?" Mr. Skelton said, "Not in the grass parking areas. Anything that is 'Gray' there is either existing or proposed asphalt. The rest will be stabilized grass. And the 'Dark green' is all the landscape areas or retention areas." Chairman Waters opened the "Public Input H portion of this Agenda Item. No one spoke. Chairman Waters closed the "Public Input" ponton of this Agenda Item. "I MAKE A MOTION TO APPROVE THIS VARIANCE REQUEST AS PRESENTED TO ALLOW THE STARLIGHT BAPTIST CHURCH TO PROVIDE STABILIZED GRASS PARKING FOR THOSE SPACES WHICH SHOULD ONLY BE USED ON WEDNESDAY EVENING'S AND ON SUNDAY'S SUBJECT TO THE RECOMMENDED CONDITIONS PRESENTED BY STAFF ON AGENDA ITEM '201' PAGE 4, PARAGRAPH f), ITEMS (1) - THROUGH (4)." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEl\:lBER FAIRCHILD. DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER FAIRCHILD: AYE CBAIRMAN WATERS: AYE MOTION CARRJED. REGULAR AGENDA REGULAR 300. None None. clOd ~s,-t:' a~ Wt:' S9NI~dS ~311..JTM -lrl AI n '?'? ~ hVl qVlVl'? -VIe' -t.Jn r