HomeMy WebLinkAbout2004 04 26 Public Hearings 400
CITY COMMISSION
AGENDA
ITEM 400
Consent
Informational
Public Hearing X
Regular
April 26. 2004
Meeting
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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:
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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, '
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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.
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Notary Publi
My commission expires:
CAROLYN A E1SHO?
Notary PublICI. Fulton County. Georgi;.
..,00&...I1110n e.pea I\Iard1 '2. 200:;
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Semi'" ~!~ ~~d~MEl!T Pvperty ~
Your SQu:rce fUr Prop~rty lof~d1a
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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.
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DRAFT UNAPPROVED MINUTES
nOARI) OL' 4OJUSTM~~T
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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
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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.
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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:
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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;.
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