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HomeMy WebLinkAbout2002 10 14 Public Hearings E Special Exception for Pool Supply Store COMMISSION AGENDA ITEM E Consent Information Public Hearine X Regular October 14. 2002 Meeting MGR. (V /Dept. ~ REQUEST: Community Development Department, Land Development Division, presents to the Commission, in its capacity as the Development Review Committee (DRC) the recommendation of the staffDRC as it relates to the request of IDC Calhoun, Inc. (JDC) for a special exception to allow a pool supply store in building 8 at the IDCTown Center. PURPOSE: The purpose of this agenda item is to present to the Commission, in its capacity as DRC, the staffDRC recommendation regarding the request of IDC to allow a pool supply store as special exception, pursuant to Section 20 - 321 and Subsection 20-323 (b) of the City Code. APPLICABLE CODE/AGREEMENT: Sec. 20 - 321. Administration. b. Review process. (1) Applications are subject to review by the development review committee. The committee shall have authority within reason for approving all aspects of site planning and exterior architecture, including aesthetic appropriateness, environmental implications, traffic impacts, and any other site-specific matters not delineated herein. (2) Optional preliminary review: Applicants may, at their option, submit designs in schematic or sketch form to the development review committee for preliminary approval, subject to further review. (3) Applicants shall submit the following items to the land development division of the department of community development for review: a. a current site survey, no more than one (1) year old. October 14,2001 Public Hearing Item E Page 2 b. A current tree survey, no more than one (1) year old. C. A site plan, drawn to scale, which shall indicate: 1. Building locations and orientations, and landscape areas; 2. Parking locations and number of spaces; 3. Paved surfaces, materials and location(s); 4. Site location diagram and legal description; and 5. Signage. d. Building elevations illustrating all sides of the structures facing public streets and spaces. e. A parking analysis justifying the proposed parking solution (such as Shared Parking, by Barton Aschman Associates, The Urban Land Institute). f. Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the development review committee. c. Special exceptions: The City Commission may by special exception waive strict compliance with provisions of this code. In granting a special exception, the City Commission must find by substantial competent evidence that: 1. The proposed development contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center Regulations. 2. The proposed development will not have an unfavorable effect on the economy of the Winter Springs Town Center. 4. The proposed development meets any reasonable additional conditions, restrictions or limitations deemed necessary by the City Commission in order to preserve and promote the intent of the Winter Springs Town Center Master Plan. October 14,2001 Public Hearing Item E Page 3 Procedures for Special Exceptions: 1. Approval may be granted only after a minimum of two discretionary reviews. The first review shall be before the Development Review Committee, at which time the Development Review Committee shall review the project and provide to the City Commission an advisory recommendation regarding approval, approval with conditions, or disapproval. The second review shall be a public hearing held before the City Commission and shall be held no sooner than seven calendar days following the Development Review Committee hearing. 2. Requests for special exceptions under this ordinance shall include each exhibit required in the Administration Review Process per subsection 20 - 321 (b). In addition, the City Commission may within reason require additional exhibits and may defer approval of the special exception application or schedule an additional public hearing or hearings to review those exhibits. 3. Special exceptions shall not be unreasonably withheld, but the City Commission shall have authority to require that the applicant satisfy any additional conditions it deems necessary to fulfill goals of the master plan, including reasonable offsite improvements directly related and proportionate to the specific impact of the request, or further review(s) and approval by the Development Review Committee. 4. The City Commission may grant the approval of an application for special exceptions from the code in whole or in part upon a majority vote of its members. Sec. 20 - 323. Permitted uses. (b) Uses permitted by special exception only. Swimming pools; sales service and supplies CONSIDERATIONS: Fire Chief Tim Lallathin has researched the applicable regulations and has determined that such a facility can meet applicable state standards for hazardous materials (e.g. chlorine). Indeed, this is a national pool supply firm. Staff believes, however, that, in the Town Center, all materials October 14, 2001 Public Hearing Item E Page 4 and/or tanks should be stored and displayed indoors. No chlorine gas will be allowed on-site - any chlorine must be in either liquid or solid form. The staffDRC has met and recommends approval of a special exception to allow a pool supply store in building 8 at the IDC Calhoun Town Center site, subject to all storage (including any tanks) being indoor, filing an application, paying the $500 fee, and complying with all applicable codes and regulations. FINDINGS: 1. JDC Calhoun has requested a special exception to allow a pool supply store in the Town Center District. 2. The use is listed in the Town Center Code as a special exception. 3. Pool supply stores are standard retail uses in shopping centers. 4. A special exception requires payment of a fee and appropriate submittals required by City Code. 5. The staffDRC recommends approval of the special exception to allow a pool supply store in building 8 of the JDC Calhoun Town Center site, subject to all storage (including any tanks)and display being indoor, paying the $500 fee, filing an application, and complying with all applicable codes and regulations. Any chlorine should be either in liquid or solid form - no chlorine gas. RECOMMENDATION: The Staff Development Review Committee recommends that the City Commission approve the special exception to allow a pool supply store in building 8, subject to all storage and display being indoors, paying the $500 fee, filing an application, and complying with all applicable codes and regulations. There shall be no chlorine gas facilities or equipment - the only chlorine being either liquid or solid - and all storage and display of any kind will be indoor. ATTACHMENTS: A Applicant's un-dated request for a special exception COMMISSION ACTION: ATTACHMENT A A Special Exemption Request For the Cit~, Council IlH'eting of Octoher 14,2002 For Section I V of the Town Center District Code: Uses Permitted h~' Special Exemption Onl~' Swimminl! Pools; sales service and supplies Anything in black is language directly from the Town Center District Code and any other comments, which are in red, are James Doran's responses to the requirements or questions. Purpose: Tn requl'~tthl' appro\'al h~' thL' City Cuuncil 1'01' Ll'slie's Pool Supply Store to enter and occupy lease space at the \\'inlL'r Sprill~s Tll\\'n C..:nter. I.eslie's \\'ill plll..:nti(lll~. he Ipcatnt \1I1 the east end Clp of Building ~. occupying 2.500 SF, As IKT Seuilln 11. llL'm B. (If the Town Center District endc: .lames Doran Company as Dcn:lopcr j(lnnally and respectfully submits the j()llowing itcms to the Land Devclllpmcnt Divisinn of the Department of Comrnunit~, Develupmcnt f()r review: I. A current Site Survey, no more than 1 year old. - Nn survey issues 2. A current Tree Survey, no more than I year old. - No tn:e issues 3. A Site Plan, drawn to scale, which shall indicate: - r\llached as Exhibit A including items a through d below: a. Building locations and orientations, and landscape areas; b. Parking locations and number of spaces; c. Paved surfaces, materials and location(s); d. Site location diagram & legal description; and e. Signage. - Signage area for tbe Premises to be addressed in the Building 8 submittal, but is not a requirement j(jr this Special Use Exemption request. f. Building Elevations illustrating all sides of structures facing public streets or spaces. Building Elevations to be addressed in Building 8 submittal to the City Council but again is not a requirement for this Special Use Exemption requcst. 4. A parking analysis justifying the proposed parking solution - Parking and building square footage as per the approved Site Plan, dated March II, 2002, is not being changed and thercfore no solution is necessary (such as Shared Parking, by Barton Aschman Associates, The Urban Land Institute). 5. Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the Development Review Committee. - See special exemption clarification listed below. The .lames Doran Company has hopefully answered below a majority of the questions the Council may raise. Special Exception Clarifications: (Please note the word "denlopmcnt" has heen removed from the Code language helow and suhstituted with the words "use or tenant") The City Commission may by special exception waive strict compliance with provisions of the Town Center District Code. In granting a special exception, the City Commission must find by substantial evidence that: 1. The proposed use or tenant contributes to, promotes and encourages the improvement of the Winter Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town Center regulations. A. Leslie's Pool Store is a standard retail tenant \\'hich happens to be the largest pool supply store in the US. The next 16 compL'litors combined do not sell mure pool supplies than Leslie's. They have been in business since 196.1 and their concept has a positive effect on the tenant mix and draw u!' every location they occupy. Florida is an especially strong state for the company based on Florida's high number of pools per capita. The Winter Springs area alone (5 miles radius around the Town Center) has nearly 8000 pools, Pools are in constant need of products and supplies to maintain, beautify anclmake more enjoyable, Because of this heavy demand tor pool pn,ducts and supplies in Florida and the f~lct that Leslie's will likely locate in the Tl)\\'n Center if approved, the store will act as a positive catalyst as a draw for other tenants and continually bring in a high level of pool supplies and accessories sales for the Town Center District. Furthermore, locating Leslie Pools within the Town Center will keep customers in the immediate area. Currently, pool owners in, or near, the Town Center are traveling a great distance to purchase pool supplies, adding to the overburdening of arterial roads. As the Town Center is built out, this will only get worse. The placement of Leslie's at such a central location is consistent with the neo- traditional concept of keeping local traffic away from arterial roads and "Iocalizing" both automotive and pedestrian trallic. If the Town Center is truly to be the "hub" of Winter Springs, both "community need" tenants and "regional draw" tenants should be included in the tenant mix. 2. The proposed use or tenant will not have an unfavorable effect on the economy of the Winter Springs Town Center. A. True; because owning a pool is a characteristic of a high demographic profile. the customers shopping at a Leslie's will also have elevated levels of disposable income. Higher income shoppers have a greater tendancy to spend more discretionary income not only on goods and services but also on such items as food (groceries and restaurants), entertainment and other leisure activites. Therdore by placing a higher demographic draw tenant sllch as Leslie's within the Town Center, more disposable income will be brought into the Town Center pWllllltillg higher ~~t1I'~ per foot alll! ultilllakly Ilwre ws re\ enue~. Plu~. whell rel~likr~ ~hll\\' high ~~t1e~ per li)ot. lIther kll,tllh \\'ill \\'<1 11 t III he thcre to do the same thillg. 3. The proposed u~c (\1' 11..'11:1111 abides by all rules in this code other than those specially excepted. Special limitations apply to Large Footprint Buildings (greater than 20,000 square feet); see section V (L) for these limitations (page 9). A. l.l'~lil.."s Pool Slore is clas~ilil'd a~ CI~t~~ M - iV1crchalltilc: therefore. no special perIl1it~ ;Irc llCl'\kd. This mcall~ that ell\.iwn111clltally ;lIlclu~l'-\\'isc there are no speci,lI chelllil..';tl \H' ell\'inllllllenlaIITaS\llls why they arc not all acceptahle use or tenant. 8. 1'\)(11 supplie~ as ;1 use is ell\'iron111enlally cunsiskllt with. or Siller th:lllthc ti)llo\\'ing ~tJ:>J~r\\\\:'d use~: ,./ ard \\ arc S tnre~ GUll Sh(lp H()~pi!als alld Nursing Homes Paillt Store Phutographic Studios Tax idcnnists C!caners /\nist's Studios C. Leslie's will locate in Building # 8 of the Winter Springs Town Center and therd()re are not requesting any special variances for their use. 4. The proposed use or tenant meets any reasonable additional conditions, restrictions or limitations deemed nec~ssary by the City Commission in order to preserve and promote the intent of the Winter Springs Town Center Master Plan. A. Leslie's Pool Store \vill contain a sales section and a storage seetioll (including bathrooms and manager's office) and will be laid out to \vork \vell in a Town Center building. It will draw a higher end customer and because of it's national size will be able to offer a price advantage over other nearby stores and therefore will help to pull an already established demand from other stores into the Town Center. In conclusion, Leslie's is not some local. pool shells in the front yard, construction equipment and service vehicles parked around a building type of user. It is the best nationally known, competively priced selicI' of pool supples, equipment and accessories. The store will do nothing but promote the growth and cross traflic of the Winter Springs Town Center. Therefore, the .lames Doran Company respectfully requests approval for a Special Exemption of Leslie's Pool Supply Store to enter thc Winter Springs Town Center. #SlIES ~~~~~~~"'~~~ ~ MARC BURTON DISTRICT MANAGER " 847 E. BLOOMINGDALE AVENUE' BRANDON, FL 33511 _ 813.657.3776' FAX 813.657.5357 E-MAIL: MBURTON@LESL.COM WWW.LESLlESPOOL.COM j. . I ,. t , #SlIES ~:'~~~~.~~ ~ v ADAM KAMINITZ MARKET DEVELOPMENT SPECIALIST .: 3925 E.BROADWAY ROAD, SUITE 100. PHOENIX. AZ 85040 . 602.366.4653 . FAX 602.366.3920 ' E-MAIL: AKAMINITZ@LESL.COM WWW.LESLlESPOOL.COM 1i