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HomeMy WebLinkAbout2004 04 26 Public Hearings 400 CITY COMMISSION AGENDA ITEM 400 Consent Informational Public Hearing X Regular April 26. 2004 Meeting ~ Iff Mgr. / Dept 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 in the C-2 (General Commercial) zoning district, pursuant to Section 20-254 of the Zoning Chapter of the City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider a request by Walter Dluz, the applicant, to allow a major automotive service and repair shop (transmission shop) as a conditional use in the C-2 (General Commercial) zoning district. The subject approximately 1- acre vacant wooded site is located on the east side of US 17-92, generally north of Boat Lake and south of Shepard Road. APPLICABLE CODE: Sec. 20-251. In General Sec. 20-254. Conditional Uses. Sec. 20-82. Duties and powers, general. Sec. 20-83. Procedures. CONSIDERATIONS: The site is approximately 1 acre, is vacant and treed. It fronts on US 17-92. The site has C-2 zoning, an Industrial Future Land Use (FLU) designation. April 26, 2004 Public Hearing Item 400 Page 2 The applicant has provided a preliminary concept site plan to demonstrate the proposed transmission repair shop site with a building, vehicle accommodation area, and storn1-water facility. Staff has reviewed this 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 in C-2 zoning at this location - not to address site plan issues in any depth. Conditions may be attached to development of the site as a major automotive repair shop at this time, if pertinent. CHRONOLOGY: March 17,2004- Conditional Use application and fee received by City March 30, 2004 - DRC reviews concept plan and provided information to applicant April 1, 2004 - BOA votes to recommend approval of a transmission repair shop (major automotive service and repair facility) at this site within the C-2 zoning district. FINDINGS: l.The site has a C-2 zoning and an Industrial Future Land Use (FLU) designation. 2. Staff finds the concept of a major automotive service and repair shop within the C-2 zoning district, at this location, to be consistent with the general zoning and with the public interest. This finding did not address specific site plan issues. Those issues will be addressed during the site plan review process. BOARD OF ADJUSTMENT ACTION: On Aprill, 2004, the Board of Adjustment heard the conditional use request for a major automotive service and repair facility at this location in the C-2 zoning district and voted to recommend approval. RECOMMENDATION: The Board of Adjustment and staff recommend that the City Commission approve the conditional use to allow a major automotive service and repair shop in the C-2 (General Commercial) zoning district at this approximately 1 acre site, pursuant to Section 20-83 and Section 20-254 of the Zoning Chapter of the City Code of Ordinances. April 26, 2004 Public Hearing Item 400 Page 3 ATTACHMENTS: A - Application & Authorization B - Location & Concept Design C - BOA Draft Minutes CITY COMMISSION ACTION: . , .", . . ., :-. I A~rTACHMENT I M~r 03 O~ 04~19p' PCR ..- . I . 1~\kD 0' ~D,ustHINt APtL!C~1.0~ f1cr,y Ot,~lHfCft SfRl"OS 'l'fU--IAST "~'l'E- lOA!) .14 W1H1.r'IR.SPRI"OS. rL .32'08*2'" I {401),)27*1800 SrtQIA~ Ixce.TtoN VARu.:rc:r 'e~If':' ltOHAtJ .:sc 1-.cM3iUn,!AfIVI: l)ECZlIOt! I I t.. -.;p .--., JUl 1. A11L1CAST: R~~I'IIS : 4. 5. ,. U~/Ub/~UUq UU:qb 'v. It:J'.::J~,q(~:;J WJ.I' I &:.."- .::lr"'I.......~ "'-"-U..... 1 .. . ~ .; , APPLICATION INSTRUCTIONS ' A staff, Report will be developed for each' Application. The Ap~]icant should be P~&pared to address each of the issues provided below for Variance r.equests. In Qrder to grant a variance. the.Board of Adjus~ment must make the follow1n9 findings of faot: 1, That s~eoial'conditions and circumstances exist whicf are peculiar to the lan~. bir\.lcture: or bf~ld~~as '.involved a~~ ~h:ich ue' not:. a~~l ~c~;;;;e t~ t~~e~ __nd__ structures _ buildin~B in the sama ___inQ _is_~c_~ . . . 2,. That:. soeoial conditio:' ~n/ ~ircumgtanoes do not: result from the ~ctions of the a_oli__nl:._ ' . 3. That crrantina t.he variance reo~ested wi 11 ~~t cogfet ~n the atlplicanl: anv BDecia] ;~ivil~~~. that i~ den~ed ~~ th~s chaut:.er to other ,lands. buildinQs or struc:t res 'n t sa e .zonin~, district, 4. ' That. I itera~ interbretation of t~e ~~ov~~~s of t~~s chaoter would dtDdve, the ~:;I;~:t ~~ ;..~hdi c~7~~nl ~ l!n iQ'i~~ by .ol:he1' l)rODllrt~es i:, t ~- J~'"l-':i tk"~~~ ;:str;ct.. u~~er I:h_ tArms of this C!ha~t81:" _nd _ou d _or_ ___8_ !IBa_V ha;:_hiD on the aDDlioant:.,.~ ' 5: That ~~e variance gra~~:ci is t:e m~~i.m~:n v~r!a,n~e that w111 make nossible the reas bIe us of e d bUll in~ or structure. . 6... Th~t the arant of the V::i~~oe ~f~'l ~~ ~n'~~rm:nv 14~th t~~ ~neral intent and I)UrDO - _ t.. 1:.~a..tet;: II not ~e in1Urious to the ndahborhood. ~r ~th;rw e de ~i ntlll to t $ pubtic welfare. ' , .,. The reaul!Ist must be oon:i;t:nt with the ob1ectives ang polioies of the ComDrehensiv_ _1_n. ,', THE APPLICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH THE NAMES AND ADDRt;SSES OF EJ\CH PRQPERTY OWNER .IHTliIN 'l50 FT: OF E}.CH PROPtRTY LINE BY THE SCHEDULED TIME. TH! ~PPLICANT IS RESPONSIBLE TO PQST THE BLUE NOTICE CARD ON THE SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF 'AOJOSTHEN'I' HEETINO ) '.. ' AT WHICH THE HATTER HILL at CONSIDERED: SAID ,NOTICE SHhLL NOT BE"" POSTED WITHIN THE CrTY RIOHTS-OF-WAY, ' .~ : ,J I ' .. ~ ' !. .. . i. . , '..' . .. City ofWmtc:t Sprinp 1126 east State Road 434 Winter Sprln&,. Fl. 32708-2799 re: Tra.!lmb.~oD shem This letter is to acknowledge chat as owner(s) orthe below reference property. identified by: llIx identification humber 28-20-30-SAS-oaOO-0120 I hereby appoint alter Dlu~ lu 5erve as Ill)' agmt. He will be thc rcpresentative III all public huring.s n:garding y upert)'. _Ronald K. Wallacc_ printed name -3~J./... Dr date STATE OF GEORGIA The rorcg~ instnlment w!l\ acknowledged before me on this 4~ day of ~ 20otl. by ~lft.'b /(. Wf'C6Aee-who is pCl'$OI1Ollly known to me or who ha5 produced _.' a.~ identification and who did (did not) take WI oath. ~~~ ~ fZfJ';; ^' 73'5'" ()P (print) Notary Publi My commission expires: CAROLYN A E1SHO? Notary PublICI. Fulton County. Georgi;. ..,00&...I1110n e.pea I\Iard1 '2. 200:; :\TE Semi'" ~!~ ~~d~MEl!T Pvperty ~ Your SQu:rce fUr Prop~rty lof~d1a ""y.,;' -,,"-. C'\I 0) I '" ~ ui ::) :.. I I I -' .., , -'" -'" -'" -'" -'" -'" -'" PIII'lIIED .... ~. \ \Laura \PROJECT -A \CONCEPTS\MCNALTYTRANSMISSION .dwg, 3/15/2004 4:36:04 PM 111 ---, 1 I ..... IllI8IIIIl I .... I I I ___-I ", -, _.4' IIJ8IIIIl ~ t-'Af;il:. El2/ElS CITY OF WINTER SPR1NGS DRAFT UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING APRIL I, 2004 J. CALL TO ORDER The Board of Adjustmmt R(:gular Meeting ofThu~day, April!, 2004 was called to order at 7:00 p.m. by Ch.airman Thomas Waters i.n the Commission Chamber:s of the Municipal Building (City Hall. 1126 East State Road 434, Witller Springs) Florida 32708), Board Member Gary Diller led the Pledge of Allegiance. RoJl C~U: Chainnan Thomas Waters, present Vice Olainnan Jack Taylor, present Board Member Gary Diller, present Board Member Kathryn Fairchild. present 116 CONSENT AGENDA CONstNl' A. Approval or Tbe March 4, 2004 R~gular Meeting Minutes. '') MA.KE A MOTION WE APPROVE THE MINUTES." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER DILLER.. DISCUSSION. WItll CONSENSUS OF THE BOARD TIlE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA R1i:r.\JI.1'\'" A. Request For A Conditional Use To Allow A Major Automotive Service And Repair Shop Tn The C-2 (General Commerci:al) Zoning District, Pnrsuant To Section 2()"254. OfTbe Zoning Chapter OfTbe City Code Of Ordinances. Mr. Joh,'t). Baker, Alep, Senior Planner, Cornmuuity Development Department, introduced the Agenda Item. Discussion. APR-21-2004 10:08 G0.d 1~~S PG~ ~0p c:1:::l?~~.:..:.Cl" 1~~S PG~ ~0p ~0:91 p00G-IG-~d~ ........, T r'1I'\~~ I;;.H.:l1 I""p'\:l~ t:J~/!;:l:l CITY OF WlNTER. Sl'RlNliS DRAFT UNAPPROVED MINUTES nOARI) OL' 4OJUSTM~~T R.EGVtARMEfi11NO-APRH. \, 20(l4 P^GF.2 Oil" Mr. Baker d-iscussed the request to hIive a <<Major automotive sexvice and r.epair fa.cility in Lhe C-2 Zoning District along US [Highway) 17-92," Mr. Baker added, "Staff has reviewed this site and - looked at the concept plan that you have in the packet tonight and we have determined that this js the appropriate location for such a facility. We do not see any special conditions that need to be imposed on tbis at this po;n,t. We discussed some site plan issues with the Applicant's Engineer." Discussion. Mr. Baker added, "We do not foresee any major problems with tha.t site and, th.erefor.e. we recommend approval of this Cond.ltional Use." Referring to the second paragraph in 'Staff Recommendation', Board Member DilJer asked MT. Baker, "Are there Recom.mendations?" Mr. Baker said, "No Sir. We looked at this Tuesday and we could find no issues that needed to be addressed." Chairman Waters said, "r superv;se a sroup of people for the County that win be inspecling this busu,esa. One of these days you could see me or one of my people walk in and do an environmental inspection. .. With further discussion, Board Member DilJer stated to Mr. Ba.ker, "There are a lot of trees on that lot, 1f I fOllnd the right onc. Arc rhey - for the most part going to be removed?" Mr. Baker sa.id, "They [Applicant's Engineer] are going to have to do a tree survey as part of their site plan. That is not a requ1tement for the Conditional Use..:' ".. .No. I understand," said Mr. Diller. Mr.. Baker added, '''But we wiJI have to look at that issue. " Chainnan Waters astred, ~'This does not have to meet the six (6) Criteria?" Mr. Baker replied~ "No." [Note.: With clarificalioll /'-0"'" MI'. Baker, he said, "It does 1'/Qt need to meet the VaMa11.ae Criteria. 'J Chalrman Waters inquired, "Are there any issues with residential property nearby?" Mr. Baker said, ''No,'' Mr, Walter Dlutz. 708 Fox Valley Drive, Longwood, Florida: commented on the request for a Conditional Use. Chairman Wate:n:. asked Mr. Baker, "Do you have a good clear copy of that letter because I could not quite read wheT) her expiration. when the Notary's expiration expired?" Mr. Baker said, "March 12,2006," Mr. John Herbert, Engine~r, 207 North Moss Road, Suite 211, Winter Springs. Florida: spoke regarding the property. Chainnan Waters asked, ''There is sanitary sewer there?" Mr. Herbert replied, "Yes." Chainnan Waters added, "When was that put in?" Mr, Herbert said, "1 a.m not quite s~.tt Chail'll'laJ:l Waters then said, "You might want. to double check that." Mr. Herbert replied. 1'1 win make a note of that:" Then Chainnan Waters commented. "Floor cleaning, if you. are not o:n sanitary sewer." Mr. Herbert responded, "We will be directly (jJ) [12J.d 1[.!..S I7c[ .!..12J17 1[.!..S I7c[ .!..12J17 .!..12J:91 I7l2Jl2Jc-Ic-~d~ 84/2lJ2ea4 ag:sa 487327&F.l95 CIIY HAI..L. t:.A:i1 t""Al:lt:. Ja4/ Ja:l elT"'l or: WINTER. SPRIN(lS DRAFT UNAl?P.ROVED MlNU'TES 80AJU> Os:' ADroS'tMENT R.aC1JI.AR MEETING - 1\1'~L I, ::004 PAOf: :I 01> 04 booked to the sanitary s}"Stem." Chainnan Waters added, "There would also be an iSSlle if you bad septic." Mr. Herbert added, <<Appreciate it - looking fOlWard to building something in the City of Wi11ter Springs." "BASED ON THE RECOMMENDA nONS FROM STAFF, J MAKE A MOTION TO APPROVE mE REQUF"sT Foa CONDITIONAL USE AND PASS IT ON TO THE CITY COMMISSION FOR lllEIR FINAL APPROVAL." MOTION BY 'VTCE CHAIRMAN TAVLOR. SECOl'iDED. DlSClTSSION, VOTE: BOAlU> MEMBER DILLER: AYE VTCE CHAIRMAN TAYLOR: AYE CHAlRMAN W ATERS: AYE BOARD MEMBER FAIRCHILD: A \IE MOTION CARRIED. Chairman Waters said to Mr. Olutz, "You understand that we are only an Advisory Board. - that this still goes through the City Commission." Cnai.rman Waters added, ''Mr. Baker, I am sure, will - lot you know wh.en it wjll be going to tile City Commission." In other Business, Chairm,an Walers distributed tbe Sunshine Law Meeting summary to the Board Members. IV. FUTURE AGENDA ITEMS This Item was not disoussed. V. RE~ORtS Brief discussion ensued on filling the current vaca.ncy. Discussion. VI. ADJOURNMENT CCMOTION TO ADJOURN." MOTION BY CHAIRMAN WATERS. SECONDED. DISCUSSION. ,vIm CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. c;ff} 170'd l~L.S 17c~ L.017 l~L.S 17c~ L.017 L.0:91 1700c-lc-~d~ S0 . d ltHOl errv OF WTNTSR SPRlNG~ DRAFT UNAPPROVED MnWTES BOARD OF ADJtJSTMINT REGULAR MEETING - APRT\. 1 . 1004 PAG~ 4 OF 4 MOTION Cf\.RBJED. Chairman Waters adjourned the Meeth'\,g at approximately 7: 18 p.tl"l. RESPECTFULLY SUBMITTED BY: JOAN 1. BROWN ASSISTANT TO THE CITY CLERK APPROVED: ~~ THOMAS WATERS. CHAIRMAN BOARD OF ADJUSTMENT NOTE; Th~Be Milll.llc:s wert: "p1'ravc4 Illllc ,2004. Ba:lrd or AdJU9tmcnl Rcgl.llnr McC\inj;. APR-21-2004 10:09 S0.d l[~S VG[ ~0v 4Vl?~?F.F.~.':; q?~ l[~S VG[ ~0v I=l 011:\ ~0:9l v00G-1G-~d~