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HomeMy WebLinkAbout2012 04 23 Public Hearing 500 Hayes Road Plaza Conditional Use COMMISSION AGENDA     Informational Consent ITEM500 Public Hearings X Regular       April 23, 2012KSRS Regular MeetingCity ManagerDepartment         REQUEST: The Community Development Department - Planning Division presents to the City Commission a request for the re-approval of a Conditional Use for Hayes Road Plaza, located on the southwest corner of the intersection of Hayes Road and SR 434 to allow a 24- hour convenience store without gas pumps in the C-1 (Neighborhood Commercial) zoning district.     SYNOPSIS: The purpose of this agenda item is to consider a request for the re-approval of a Conditional Use to permit a 24-hour convenience store without gas pumps at the Hayes Road Plaza site, which is located in the C-1 (Neighborhood Commercial) zoning district. Per Section 20-36 (a) of the Code of Ordinances, the approval period of the Conditional Use is 2 years from the date of City Commission approval unless a building permit based on and incorporating the Conditional Use has been issued for the affected property. The Conditional Use was originally approved on January 26, 2009, and expired on January 26, 2011. No building permit was issued for this property within the required timeframe. Per Section 20-36 (a), once this approval expires, it is deemed null and void. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU:               Commercial Zoning:            C-1 (Neighborhood Commercial)   APPLICABLE LAW &, PUBLIC POLICY City Code of Ordinances, Chapter 20, Section 20-33. Conditional Uses Public Hearings 500 PAGE 1 OF 5 - April 23, 2012 City Code of Ordinances, Chapter 20, Section 20-36 (a). Expiration of conditional use, variance and waiver approvals. City Code of Ordinances, Chapter 20, Section 20-234 (4). Conditional Uses   : DISCUSSIONOn January 26, 2009, the City Commission approved a Conditional Use on the subject property to permit a 24-hour convenience store without gas pumps, subject to the condition that all deliveries made to the convenience store and any other 24-hour operation that might occupy part of the plaza be made to the front of the building and not the back. Per Section 20-234(4), convenience stores are permitted only with a Conditional Use approval in the C-1 zoning district.   The 1.99 acre site is located on the southwest corner of the intersection of Hayes Road and SR 434. Hayes Road Plaza is proposed as a 17,128 square foot single-story shopping center that includes a 24-hour convenience store without gas pumps as one of the uses. Per Section 20-36 (a), the approval period of a Conditional Use is 2 years unless a building permit based on and incorporating the Conditional Use has been issued on the affected property. No building permit has been issued on this property and the Conditional Use approval has since expired. Per Section 20-36 (a), once this approval expires, it is deemed null and void. In March 2012, the applicant submitted building plans for the shopping center that proposes the convenience store as one of the uses in the center. During the review of the building plans, it was determined that the Conditional Use had expired. As a result of this situation, the applicant is requesting re-approval of the Conditional Use.   A decel lane, located on the south side of S.R. 434, was built in 2009 following a land exchange from the applicant for Transportation Impact Fee Credits in the amount of $44,688.75. The Conditional Use was reviewed by three (3) members of the Planning & Zoning Board on April 4, 2012.  In accordance with Section 20-56, the board's recommendation for approval failed because it did not receive an affirmative vote from three (3) or more members of the board.  The vote was 2 for and 1against re-approving the Conditional Use..   : CHRONOLOGY – February 22, 2006Concept plan for a 20,100 square foot commercial center was  submitted. January 22, 2007 - Preliminary engineering/site plan approved by Commission.  March 7, 2007 - Aesthetic review package was submitted.  January 5, 2007 – Revised aesthetic review plans submitted to City.  nd March 29, 2007 – Final engineering/site plan and 2 aesthetic review packages  received. November 14, 2007 – Final engineering/site plan approved by Commission, subject to  conditions. December 10, 2007 – Commission directed the applicant and City’s consultant to  modify building aesthetics March 6, 2008 – Applicant, City’s consultant, staff and City Manager address  aesthetic review March 24, 2008 - Aesthetic Review approved by the City Commission.  January 15, 2009 – Board of Adjustment voted 4-1 to recommend approval of the  Conditional Use. Public Hearings 500 PAGE 2 OF 5 - April 23, 2012 January 26, 2009 -Conditional Use was approved by the City Commission.  January 26, 2011 – Conditional Use approval expired.    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 applicant’s traffic analysis demonstrates that the traffic will function adequately, given the engineered ingress and egress (curb cuts onto SR 434 and Hayes Road and a cross-access easement to the property to the west).  A convenience store does not appear to have an adverse impact on land use activities in the immediate vicinity as it is proposed to be constructed on the City’s main commercial thoroughfare (SR 434).   (2) “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 shopping center was designed with a 6 foot-tall painted stucco masonry wall adjacent to the Hacienda Village residential community and the lighting will not spill off-site. Per Section 20-417 of the City Code of Ordinances, this wall is required to be constructed adjacent to the residential area. The number of parking spaces (1 space per 300 S.F. of general business or retail, pursuant to Subsection 9-277 (27) of the City Code) provided for the site is 76 (53 standard, 19 compact, and 4 handicap), exceeding the required 57.   (3) “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 addition will have no negative effect on the local economy, government fiscal impact, employment, or property values.  Staff acknowledges that there will likely be increased competition for the existing adjacent convenience store (the existing gas pumps at the adjacent site are “grandfathered” under Subsection 20- 418 (d)).   (4) “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.”   Staff believes that the proposed conditional use will not have an adverse impact on the natural environment as the immediate vicinity is approaching build-out and is not in a “natural” state.  The subject property has little natural vegetation remaining and the final project will include additional landscaping. Public Hearings 500 PAGE 3 OF 5 - April 23, 2012   (5) “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.  The site has been reviewed and approved pursuant to the City’s site plan (engineering, landscape, irrigation, etc.) and aesthetic review criteria.   (6) “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.”   Adequate facilities are in place to support the proposed use, in conjunction with the approved site plan.    (7) “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.”   The provision of a convenience store at this location in a shopping center should not have any adverse impact on housing and social conditions, housing unit types and prices, and neighborhood quality.       FISCAL IMPACT: The re-approval of a Conditional Use for Hayes Road Plaza is anticipated to create a positive fiscal impact which will allow the development of the shopping center with the convenience store component. Development of the shopping center is anticipated to create jobs and add commercial taxable value to the City.   The potential tax revenue of the proposed project is estimated as follows:   17,128 Square Foot Shopping Plaza assessed at $1,712,800 $1,712,800/1000 = 1,712.8 1,712.8 (2.5600) = $4,384.77 $4,209.38 tax revenue $4,384.77 (less the 4% statutory discount) =   City of Winter Springs taxes paid on vacant land now (data obtained from Seminole County Property Appraiser): $862.31 Total Potential Ad Valorem Tax Revenue: $5,071.69 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Public Hearings 500 PAGE 4 OF 5 - April 23, 2012 Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   The property has been posted with a standard yellow sign announcing the action being considered and giving information relative to the meeting place and time.     RECOMMENDATION: Staff recommends that the City Commission approve the Conditional Use for Hayes Road Plaza to permit a convenience store without fuel pumps in the C-1 (Neighborhood Commercial) zoning district. This recommendation includes the condition that all deliveries to the convenience store and any other 24-hour operation in the plaza be made to the front and not the back of the building.  This condition was part of the original approval in 2009. ATTACHMENTS: A.Minutes - January 15, 2009 Board of Adjustment meeting B.Minutes - January 26, 2009 City Commission meeting C.Minutes - April 4, 2012 Planning & Zoning Board meeting Public Hearings 500 PAGE 5 OF 5 - April 23, 2012 ßÌÌßÝØÓÛÒÌß ßÌÌßÝØÓÛÒÌß ßÌÌßÝØÓÛÒÌß ßÌÌßÝØÓÛÒÌß ßÌÌßÝØÓÛÒÌÞ ßÌÌßÝØÓÛÒÌÞ ßÌÌßÝØÓÛÒÌÞ ßÌÌßÝØÓÛÒÌÝ CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ü REGULAR MEETING APRIL 4, 2012 CALL TO ORDER The Regular Meeting of Wednesday, April 4, 2012 of the Planning And Zoning Board/Local Planning Agency was called to Order at 7:00 p.m. by Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, present Vice Chairperson Rosanne Karr, absent Board Member Howard Casman, present Board Member Bart Phillips, present Board Member Helga Schwarz, absent A moment of silence preceded the Pledge of Allegiance. business to later in the Agenda. Are there any objections to moving Reports were no objections voiced. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CONSENT AGENDA CONSENT 200.Office Of The City Clerk Requesting Approval Of The February 1, Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. MOTION MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. ßÌÌßÝØÓÛÒÌÝ CITY OF WINTER SPRINGS, FLORIDA UNAPPROVEDMINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING APRIL 4, 2012 PAGE 2 OF 9 VOTE; BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For The Re-Approval Of A Conditional Use For Hayes Road Plaza, Located On The Southwest Corner Of The Intersection Of Hayes Road And SR (State Road) 434 To Allow A 24-Hour Convenience Store Without Gas Pumps In The C-1 (Neighborhood Commercial) Zoning District. Chairman Poe Mr. Bruce Myrick, Post Office Box 616278, Orlando, Florida: as a Real Estate Broker, Developer/Contractor and working on behalf of Mr. Kamil Gowni. Mr. Myrick mentioned that a six foot (6') concrete wall would be installed between the subdivision and the property. Mr. Randy Woodruff, Senior Planner, Community Development Department presented this Agenda Item and displayed an Aerial view of the property. Mr. Woodruff stated, ßÌÌßÝØÓÛÒÌÝ CITY OF WINTER SPRINGS, FLORIDA UNAPPROVEDMINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING APRIL 4, 2012 PAGE 3 OF 9 Board Member Howard Casman inquired if there was a crime report completed for this proposed twenty-four (24) hour convenience store. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department statecordance with CPTED (Crime Prevention Through Environmental Design) standards and nothing to my knowledge was said about the twenty-four (24) hour store and its location along (State Road) 434 would increase crime in that area. At least that is what we hear from our turn lane here that was built on property that was required from the owner during their last round of approvals. We do have access to Hayes Road here; we have cross access to the Sunoco Station here. This is a right in, right out. This is a full left end, right in, right out. We also have further access over to this property which takes you to a signal right So, you have three (3) points of access and none of them close to Hayes Road in terms of the intersection except for this area right here, which is located as far back from (State Road) 434 as we can get it on the property and we do have this decel(eration) storage lane which was recently Discussion. Mr. Kamil Gowni, 1348 Valley Pine Drive, Apopka, Florida: spoke about the proposed twenty-four hour convenience store without gas pumps in the C-1 (Neighborhood Commercial) Zoning District and this proposed store would be a benefit to the City. Mr. Bruce Myrick, Post Office Box 616278, Orlando, Florida: spoke about the financing of this proposed property property has been paid off i -APPROVAL BOARD MEMBER PHILLIPS. SECONDED BY CHAIRMAN POE. DISCUSSION. VOTE: BOARD MEMBER CASMAN: NAY BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE MOTION DID NOT CARRY.