HomeMy WebLinkAbout2005 12 12 Public Hearing 200
CITY COMMISSION
AGENDA
ITEM 200
Consent
Informational
Public Hearing X
Regular
December 12. 2005
Meeting
I~
Mgr. / D
Authorizat on
REQUEST: The Community Development Department presents a request for 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 of the City Code of Ordinances.
PURPOSE: The purpose of this agenda item is to consider a request by John Bullock ofKAI
Properties LLC, the applicant, to allow multiple-family residential (town home) units as a
conditional use in the C-1 (Neighborhood Commercial) zoning district. The subject property is
on the south side of SR 434, just west of SR 419 and across from the vacant Eckerds.
APPLICABLE CODE:
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.
(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").
CHRONOLOGY:
December 12, 2005
Public Hearing ltem 200
Page 2
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
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 9.0 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 Eckerds 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
zonmg.
The applicant has submitted a conceptual plan that illustrates his intentions for the site. The
plans depict 15 townhouse units with rear-loaded, two-car garages and an underground
stormwater system.
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:
(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 staff review process, every effort will be made to coordinate the
site design of the subject parcel to allow integration with future development on the parcels to the
south and east. Site elevations and the use of retaining walls will be a major consideration in any
multi-site development scenarios.
(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 public street. Garages are rear-
loaded and are proposed to be accessed from an internal alley. The proposed vehicular
circulation would connect SR 434 with an undeveloped, platted right-of-way known as Celery
Avenue, and will allow access and development of the property to the south. The applicant
would develop his portion of this right-of-way to City standards. The Applicant is proposing on-
street parking. This would need to be addressed in a development agreement. The applicant has
demonstrated his willingness to work with the City and will provide buffers, if required.
December 12,2005
Public Hearing Item 200
Page 3
(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 to the adjacent properties,
will allow the adjacent property to the south and east to develop. Staff will work with the
applicant and adjacent property owners to integrate the overall site design to the greatest extent
possible.
(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."
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 15 units, the development
would add 88 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.
(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 south, east
and west.
BOA ACTION:
At its regularly scheduled meeting of December 1,2005, the Board of Adjustment voted to
recommend multi-family development be allowed on this approximately 1.7 acre site.
RECOMMENDATION:
The BOA and staff recommend that the City Commission approve the conditional use request
for parcel 34-20-30-5A W-0000-028A on the south side ofSR 434, to allow multi-family
development in the C-l (Neighborhood Commercial) zoning district, pursuant to Sections 20-33;
20-82; and 20-234 of the City's Zoning Code.
CITY COMMISSION ACTION:
December 12,2005
Public Hearing Item 200
Page 4
ATTACHMENTS:
A - Application Package
B - Location Map
C - Draft BOA Minutes
ATTACHMENT A
J(f)jo
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
X CONDITIONAL USE I SPECIAL EXCEPTION
o VARIANCE
o WAIVER
APPLICANT:
RlJt Icl.-k
j
A
Middle
MAILING ADDRESS:
PHONE & EMAIL . (1
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If Applicant does NOT own the property:
PROPERTY OWNER:
Lasl
t'irst Middle
MAILING ADDRESS:
'1.." - '\
PHONE & EMAIL
This request is for the real property described below:
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PROPERTY ADDRESS:
TAX PARCEL
SIZE OF PARCEL:
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/
Square Feet
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Acres
EXISTING LAND USE:
Current FUTURE LAND USE Classification:
Please stale YOUR REQUEST: _
Current ZONING Classificatlon:
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 tJle 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, crOS8-
examine witnes8Cs, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regarding variances, conditional U8CS 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
advi8Cd 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, iliey 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 (0 be based, per 286.0WS, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commiss.ion 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, wiiliout public hearing, an additional six (6) monilis, provided ilie property O\\<l1er
demonstrates good cause for the extension In addition, ifilie 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:
lit A copy of the most recent SURVEY of the subject property.
"ts:t A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
JiiJ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
8l JUSTIFICATION for the Request (See Attached List)
1J NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
~ Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
D1. APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL andlor PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accowlling
s.ubmitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
,..- CONDITIONAL USE I SPECIAL EXCEPTION $ 500
W AlVER $ 500
V ARlANCE $ 500
TOTAL DUE
$
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2
~htrh .Xi:')';
...............................................................................*......
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee simple of su~iect lands described within this Application for
Board of Adjustment consideration:
Kc4~ ;ftrjLA-f),~
Signature of Owner'~ (
h(~
Sworn to and subscribed before me this
r 'i day of (, c +
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Personally Known ;;;- "", .,S "<(1;> ''9 '. -::.
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Produced ldenti!ication: ::::: * : . 10: :::
~Type) r::l- Ji~'V"V'J (. (. h J t :: ...... : 2
D'd tak 0 th '2 '2, ... #00 :,27834 :Zf2
1 e an a -;c. ~. 'k,., ,,' ,p:~(;;>~
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Did Not take and Oath ~;~~, ^>?f:it\"V,,""~"; <<,<.:;
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Notary Public
My COmm?SiOn j:xp, ires:
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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 a...,: Tax Parcel Number(s)
Located at
Signature of Owner(s)
Sworn to and subscribed before me this
day of 20_
Notar)' Public
My Commission expires:
__ Personally Known
Produced lD: (Type)
Did take an Oath
Did Not take and Oath
..*.......*.......*......*.*.*................*............*.....*....*..*..*.........
3
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 additional paper as necessary:
~, What is the Conditional Use you are requesting? /r;~J(/1t1 Dtr:s;(i-
~It ~,Iy ~~..
o How is the Conditional Use (including its proposed scale and intensity, traffic-
generating characteristics, and offsite impacts) compatible and harmonious with
adjacent land uses?
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o Will the Conditional Use adversely impact land use activities in the immediate
vicinity? If no, why not?
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o 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 needed to mitigate against potential adverse impacts of the
proposed use.
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~ Will the proposed use have an adverse impact on the local economy,
including govern. ment~J fiscal imP. act. emRIOymen..t, and ~~rty va. lu.eS? If@
why no. t? tA !-t.' f('~ / Xvn f;rr'N'-<i:af r"-f.:;;.d-t.'1'h t7cJ [\rr::l)~{ ~ ,-
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o Will the proposed use have an adverse impact on natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood hazards? Wn~whY not~
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o Will the proposed use have an adverse impact on historic, scenic and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? If no. why not? i,,;1;;'
/4qcun cr// /a.l'r/ J;'fr~] Qy>.(fr1 /j ,/qLtl.,d
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o Will the proposed use have an adverse impact on public services, including
water, sewer, surface water management, police, fire, parks and recreation,
~~~~,~:~~U~'~ot,,:srno~iion, ~~~~.~,d; ;ateid' :~,~Yde :~?OO;0~:'le,~ . .
j 1 .1 /7 <7' ,-I / j . / v ,j i I
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o Will 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?
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March 200;
ATTACHMENT B
o
I
800 Feet
200
400
Source: SJRWMD, Seminole County GIS Data, June 2005
DEC-06-2005 07:20
407 324 5731
407 324 5731
P.02
ATTACHMENT C
CITY OF WINTER. SPRINGS, FLORIDA
UNAPPROVED DRAFT MlNUTES
BOARD OF ADJUSTMENT
REGUlAR MEETING
DECEMBER 1. 2005
~
CALL TO ORDER
The Board of Adjustment Regular Meeting of Thursday, December 1, 2005 was called to
order at 7:02 p.m, by Chaionan Thomas Waters in the Commission Chamber~ of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Spring1, Florida
32708).
Roll Call:
Chaimlan Thomas Waters, present
Vice Chainnan Jack Taylor, pment
Board Member Linda Collins, absent
Board, Member Kathryn Fairchild, present
Board Member Howard Casman. present
Vice Chai.nnan Jack Taylor led the Pledge of Allegiance.
PUBLIC INPUT
No one spoke.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of Tbe October 6,2005 Regular Meeting Miuutes.
"I MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD
MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER CASMAN,
DISCUSSION.
DEC-06-2005 07:21
407 324 5731
407 324 5731
P.03
erN OP WINTER SPR.INGS, FlOIUOA.
WAPPIlOVED oRAFr MINUTtS
JOAlU) OJ' ....nn.JSTMENT
IlBGULAR. MEETING. DECEMB ER I. 2OO~
PAGE 2 OF 3
VOTE:
,OARDMEMBERCASMAN: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER FAIRCHILD: AYE
VICE CHAI.RMAN TAYLOR: AYE
MQ!12N CAlUUED.
@
PUBLIC HEARINGS AGENDA
PUBLIC IlEAlUNGS
400. CODUDlIIlity Development Department
Preseats To The Board Of Adjustment (BOA) A Request For A CObditionaJ Use To
Allow M.ltlp)e Family Dwellings In The C.l (Neighborhood Commertial) Zoning
District, Punu3nt To SectioD 20-Z34. Of The ZoDiDg Chapter Of The City Code Of
Ordmlllca.
Mr. John Baker, AlCP) Senior Planner, Community Development Department presented
this Agenda Item and stated, '.We [Staff] believe that it meets the Criteria for
'Conditional Use' ,n
Discussion.
"I MAKE A MOTION THAT WE RECOMMEND APPROVAL OF THE
'CONDITIONAL USE' AS PRESENTED TONIGHT WHICH REQUESTS FOR
PARCEL - 34~1o-30-5AW-OOOo.028A ON THE SOUTH SIDE OF STATE ROAD
434 AND PRESENT IT TO THE WINTER SPlUNGS (CITY) COMMISSION AT
THE NEXT MEETING." MOTION BY VICE CHAIRMAN TAYLOR.
SECONDED BY BOARD MEMBER FAIRcHILD. DISCUSSION.
VOlE:
VICE' CHAIRMAN TAYLOR.: AYE
BOARDMEMBERCASMAN: AYE
BOARD:MEMBER FAIRCHILD: AYE
CHAIRMAN WATERS: AYE
MOTION CARRIED.
Discussion.
DEC-06-2005 07:21
~0'd lldl01
407 324 5731
407 324 5731
P.04
. '
CITY OF WINTEll SPIUNGS. f1..OJUD^
UNAP1'ROVED DRAFT MINUTeS
80AIm OF AD"t,lSTMErq
REGULAIlMEETlNG- DECEMBEJl. 1, 200S
PAOBJ OF J
,600. REPORTS
No Reports were gj.vcn.
eft}
FUTURE AGENDA ITEMS
None were noted.
ADJOURNMENT
"I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN
TAVLOa SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION.
WITH CONSENSUS OF THE BOARD TIlE MOTION WAS APPROVED.
MOTION CARRJED.
Chalnnan Waters adjourned the Meeting at approximately 7:2J p.m.
RESPECTFULLY SUBMl'ITED:
JOAN L. BROWN
DEPUTY elIT CLERK.
APPROVED:
~V~
CHAlRMAN, BOARD OF ADruSTMENT
HOTE. 'Thqe Minu~ 'WCfC approved ~t the
, 2006 I\c:sullr 80V1l of NlJU$cmtIlt Mcocline
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........ . _... t"'f':ll"'''='''''f''). -.....,,..,
TOTAL P.04
LARGE PLANS
DOCUMENT
AVAILABLE AT
CITY HALL.