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HomeMy WebLinkAbout2005 05 23 Public Hearing Item 405, Auto Repair Shop in I-1 Light Industrial Zoning District COMMISSION AGENDA ITEM 405 Consent Informational Public Hearing X Regular May 23.2005 Meeting //7 g;tj f;'; Mgr. / ~ Authorization REQUEST: The Community Development Department presents to the City Commission a request for a Conditional Use to allow a Major Automotive Service and Repair Shop including Body Repairs and Painting in the 1-1 (Light Industrial) zoning district, pursuant to Section 20-261 of the City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider a request by Robert Safker, the applicant, to allow a Major Automotive Service and Repair Shop (including body repairs and painting) as a conditional use in the 1-1 (Light Industrial) zoning district. The subject property is located at 3441 State Road 419 (on the north side of SR 419 near the intersection with North Edgemon Avenue) and is approximately 0.45 acre in size. The site presently contains a metal building with attendant parking and vehicular access area. APPLICABLE CODES: Sec. 20-258. In General Sec. 20-261. Conditional Uses. Sec. 20-82. Duties and powers, general. CONSIDERATIONS: The site is approximately 0.45 acre and contains a metal building with attendant parking and vehicular access area. The site fronts on State Road 419 and has 1-1 zoning and an Industrial Future Land Use (FLU) designation. May 23,2005 - City Commission Agenda Public Hearing Item 405 Page 2 The applicant has provided a preliminary concept "sketch" site plan to demonstrate the proposed product. Staff has reviewed this "sketch" plan and has identified topics that will be of concern with the actual site plan. Approval of the conditional use will not constitute site plan approval and does not need to address these issues. This conditional use review is a separate procedure to determine the appropriateness of a major automotive service and repair shop, including body work and painting, in 1-1 zoning at this location. CHRONOLOGY: April 11, 2005 - Staff requested advisability from the City Commission to proceed with a text amendment to Section 20-261 ofthe Code to include Automotive Major Service and Major Repair Establishments, including body repairs and painting as a Conditional Use in the 1-1 Zoning District. Staffwas instructed to move forward with the text amendment request. April 18, 2005 - The Planning and Zoning Board/Local Planning Agency made a recommendation of approval to the City Commission regarding amending the language in Section 20-261 ofthe Code, the "1-1, Light Industrial" zoning district to allow an Automotive Major Service and Major Repair Establishments (including body work and painting) as a Conditional Use. May 5, 2005 - The Board of Adjustment recommended approval of the Conditional Use to allow an Automotive Major Service and Major Repair Establishment (including body work and painting) contingent on Section 20-261 of the City Code being amended to allow for an Automotive Major Service and Major Repair Establishment (including body work and painting) as a Conditional Use in the 1-1 Zoning District. May 9, 2005 - The City Commission held a public hearing for the first reading of Ordinance 2005-13, which revises the "1-1 Light Industrial" zoning district's list of conditional uses to add Automotive Major Service and Major Repair Establishments (including body work and painting) FINDINGS: 1. The site has an 1-1 zoning and an Industrial Future Land Use (FLU) designation. 2. Staff finds the concept of a major automotive service and repair facility, including body work and painting, within the 1-1 zoning district, at this location, to be consistent with the general zoning and also with the public interest. This finding did not address specific site plan issues. Those issues will be addressed during the site plan review process. May 23,2005 - City Commission Agenda Public Hearing Item 405 Page 3 STAFF RECOMMENDATION: Staff recommends that the City Commission approve the applicant's request for a Conditional Use to allow a Major Automotive Service and Repair Shop, including body work and painting, in the 1-1 (Light Industrial) zoning district at this approximately 0.45 acre site, pursuant to Section 20-82 and Section 20-261 ofthe City Code of Ordinances. BOARD OF ADJUSTMENT ACTION: ATTACHMENTS: A Location Sketch B Site Sketch C Draft Minutes of May 5,2005 Board of Adjustment meeting p.2 ATTACHMENT A pace WINTER . 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Il) .~;-.~ \ \ " 00t>LL(:EL0t> ') 00 ,z-CI'l c:r...J- c:r <I)> a: Z~w 20Z ~z2;t >CI'lfnZ W-W- a:c)J:~ OZI-a: ~i...O -c:rOZ a:CZ; <t 00-' %: <ta:: ....CIlWIU ::li:CI'l> ;;I-WO. :l~i:QW o~ ~~ O>-'"cnl- >ll..CI'lOo< c:rO~lDZ O~Z~~ ~a::lUJCI) >. en ~ w ~ ~ ~ ~ o ~ "- Ii: , ~ >- \... ~ -J UJ ~ ~ > \:) ~ '< a:'JClo:;Q ::> en f\l .... ~ ~ l() , ~ ' '; ~ ~ 0) I'll ~ " III '-'l " '" ~ \ 'Il " \l \( L0:E1 000(:/5(:/10 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 5, 2005 PAGE20F9 VOTE: BOARD MEMBER CASMAN : AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA -7 PUBLIC HEARINGS 400. Community Development Department Presents To The Board Of Adjustment A Request For A Conditional Use To Allow A Major Automotive Service And Repair Shop Including Body Repairs And Painting In The 1-1 (Light Industrial) Zoning District, Pursuant To Section 20-261. Of The Zoning Chapter Of The City Code Of Ordinances (As Amended). Please Note That Ordinance 2005-13 Amending The Text Of Section 20-261. Of The Code Must Be Approved Prior To Final Action By The City Commission On This Conditional Use Request. Mr. Randy Stevenson, AICP, Director, Community Development Department presented this Agenda Item. Mr. Stevenson said, "Currently, the 1-1 Zoning District does not allow this 'Use' as a 'Conditional Use', however, concurrent with this request, City Commission is considering a Text Amendment to allow this 'Use' as a 'Conditional Use' in the 1-1 Zoning District - this Approval is going to be based upon and contingent upon the Code being amended prior to final action by the City Commission on this Item." Furthermore, Mr. Stevenson added, "Staff finds, at this point, that this type of 'Use' in this Zoning District and at this location is consistent with the general zoning and also with the public interest." Mr. Stevenson said, "Staff recommends that the Board of Adjustment recommend approval for the 'Conditional Use' to allow the Major Automotive Service and Repair Shop including Body Work and Painting in the Light Industrial District." Discussion. Regarding Criteria, Mr. Stevenson stated, "Section 20-33. of the Code. It does have all 'Conditional Use' recommendations and final decisions shall be based upon the following applicable Criteria and - there are - seven (7) Criteria. Those have been considered in our recommendation to you tonight." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 5, 2005 PAGE 3 OF9 Mr. Robert Sajker, 3441 State Road 419, Winter Springs, Florida: as the owner of the business, Mr. Satker presented a PowerPoint presentation. Mr. Satker said, "We've done a lot of cleanup; we intend to do a lot more. I am working in conjunction with Mr. Owen [Roger Owen Realty, Incorporated, 100 State Road 419, Suite 210 Winter Springs, Florida], the landlord and we are jointly improving the building from the status that it was from the prior tenant." Mr. Satker added, "The actual cars that are being worked on, will be worked on in the steel structure that's in the back." Mr. Safker then added, "It is our intention to use the same sign - and the sign that we have designed fits into - similar in size and design and color." Mr. Safker said, "We have worked out with the City Commission that in order to receive approval, everywhere here where you see chain linked fence both from the gate all . the way down - side of the property, is going to be replaced with a six foot (6') solid stockade wood fence. None of that area will be visible from the street and any vehicles that are parked in that storage area will not be visible from the street side ofthat fence." With discussion on Environmental issues pursuant to Federal and State Environmental protection laws, Mr. Satker stated, "We are totally compliant on all aspects." Mr. Satker added, "Should the Application be approved, you have my word - that is good as any Contract. I will be a benefit to the City of Winter Springs. I will run an upstanding business. I will serve the citizens well. I will run a high ethical business and I respectfully ask your permission to approve the Application." Discussion. "I MAKE A MOTION TO APPROVE THE REQUEST FOR THE CONDITIONAL USE PERMIT FOR WINTER SPRINGS COLLISON REPAIR, INC. [INCORPORATED]. THIS APPROVAL IS CONTINGENT ON SECTION 20-261. OF THE CITY CODE BEING AMENDED TO ALLOW FOR AN AUTOMOTIVE MAJOR SERVICE AND MAJOR REPAIR ESTABLISHMENT TO BE LOCATED ON THIS PROPERTY." MOTION BY VICE CHAIRMAN T AYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. IN CLARIFYING THE MOTION, MR. STEVENSON ASKED, "DOES THAT ALSO INCLUDE THE CAVEAT INCLUDING PAINT AND BODY WORK?" VICE CHAIRMAN TAYLOR SAID, "YES. THE ANSWER IS 'YES'. I ASSUME THAT WAS INCLUDED IN THE..." BOARD MEMBER FAIRCHILD SAID, "...THE TEXT..." MR. STEVENSON SAID, "...IT MAY HAVE BEEN. IT IS IN THE TEXT. I JUST DIDN'T HEAR IT..." VICE CHAIRMAN TAYLOR SAID, "...BECAUSE IT WAS IN PARENTHESIS HERE THAT'S WHY I DIDN'T MENTION IT..." MR. STEVENSON SAID, "...RIGHT. PARENTHESIS IS JUST PART OF THE TEXT, I JUST DIDN'T HEAR THAT..." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 5, 2005 PAGE40F9 VICE CHAIRMAN TAYLOR SAID, "...BUT, YES, IT DOES..." MR. STEVENSON SAID, "...1 APOLOGIZE..." VICE CHAIRMAN TAYLOR SAID, "...THE ANWER IS 'YES'." VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER CASMAN : AYE MOTION CARRIED. Chairman Waters said, "I'm sure you are aware you have to go to the City Commission with this - have they been to P&Z [Planning And Zoning Board/Local Planning Agency] on this?" Mr. Stevenson said, "They've been to P&Z [Planning And Zoning Board/Local Planning Agency] on the Text Amendment." PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The Board Of Adjustment Consider A Waiver Request By J. K. Parmar From Section 20-486. (1) (b) To The Ground Mounted Multi-Tenant Or Project Identification Sign For The Starbright Cleaners, At 1301 West SR (State Road) 434, In The SR (State Road) 434 Redevelopment Overlay Zoning District. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and displayed pictures of the property. Mr. Baker said, "This is where a sign had previously been. I've confirmed this with Captain Tolleson [Glenn Tolleson] of the Police Department - he said, yes indeed there was a sign there, and the Applicant would like to put a new sign in that location." Mr. Baker added, "I brought this to our Staff Review and I had some concerns about putting a monument sign in this area with that road - even though it is a private road, and the Police Department also expressed concerns with the safety for people being able to see beyond the sign. The Applicant is proposing a much smaller sign than the maximum allowed in this area. He is proposing twenty-four (24) square feet as opposed to the thirty-two (32) [square feet] that is the maximum allowed." Tape l/Side B Finally, Mr. Baker added, "We do believe as Staff that there is a better location for this sign. I think it would require perhaps a more aggressive role from the landlord to deal with the other proprietor. We also believe that where the Applicant wants to put the sign does constitute a safety issue.