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HomeMy WebLinkAbout2012 04 04 Public Hearings 500 Re-Approval of Conditional Use for Hayes Road PlazaPLANNING &ZONING BOARD AGENDA ITEM 500 April 4, 2012 Meeting Consent Informational Public Hearing X Regular Mgr. /Dept REQUEST: The Community Development Department - Planning Division requests the Planning &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 434 to allow a 24 -hour convenience store without gas pumps in the C -1 (Neighborhood Commercial) zoning district. SYNOPSIS: The applicant is requesting 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. No building permit has been issued for this property and the Conditional Use has since expired. The Conditional Use was originally approved on January 26, 2009, and expired on January 26, 2011. Per Section 20 -36 (a), once this approval expires, it is deemed null and void. The applicant has indicated that he has secured financing for the project and is ready to proceed. 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 City Code of Ordinances, Chapter 20, Section 20 -36 (a). Expiration of conditional use, variance and waiver approvals. April 4, 2012 Public Hearing Item 500 Page 2 City Code of Ordinances, Chapter 20, Section 20 -234 (4). Conditional Uses DISCUSSION: On January 26, 2009, the City Commission approved a Conditional Use on the subject property to permit a 24 -hour convenience store without gas pumps. 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. Convenience stores are permitted only with a Conditional Use approval in the C -1 zoning district. Per Section 20- 3 6 (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. CHRONOLOGY: • February 22, 2006 — Concept 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. • March 29, 2007 — Final engineering /site plan and 2 nd 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. • January 26, 2009 - Conditional Use was approved by the City Commission. • January 26, 2011 — Conditional Use approval expired. 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: April 4, 2012 Public Hearing Item 500 Page 3 (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 across- 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. (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. April 4, 2012 Public Hearing Item 500 Page 4 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, sheets, 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. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. A yellow sign noting the date and time of the public hearing has been erected on the property. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board forward a recommendation of approval to the City Commission for re- approval of a Conditional Use for Hayes Road Plaza to permit a convenience store without fuel pumps in the C -1 (Neighborhood Commercial) zoning district. ATTACHMENTS: A. Minutes - January 15, 2009 Board of Adjustment meeting B. Minutes — January 26, 2009 City Commission meeting Attachment "A" CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING JANUARY 15, 2009 CALL TO ORDER The Board of Adjustment Special Meeting of Thursday, January 15, 2009 was called to Order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Howard Casman, present Board Member Linda Collins, present Board Member Karen Paine - Malcolm, present A moment of silence preceded the Pledge of Allegiance. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Presents To The Board Of Adjustment (BOA) A Request For A Conditional Use To Allow A 24 -Hour Convenience Store Without Gas Pumps Or Other Fueling Stations At The Hayes Road Plaza (Located At The SW [Southwest] Corner Of SR [State Road] 434 An Hayes Road). Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "We do recommend Approval, subject to fulfilling the City Engineer's memo (dated January 14, 2009). An "Engineering Review Comments" sheet dated January 14, 2009 was distributed to the Board Members by Mr. Baker. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING - JANUARY 15, 2009 PAGE 2 OF 4 Board Member Howard Casman asked, "Are the owners of Cumberland Farms here ?" Mr. Baker responded, "They were notified. Letters went out to all the abutters." Mr. Bruce Myrick, 3241 old Winter Garden Road, Orlando, Florida: spoke to the Board Members as the Applicant of this Request and stated, "We are actually enhancing the traffic flow of the area, but main thing — what we are trying to do is to put a high quality center, which would bring employment, which would bring a higher tax base, which would bring an aesthetically pleasing center to the area." Discussion. Mr. Kamit Gowni, 1348 Valley Pine Circle, Apopka, Florida: as the property owner for this site, Mr. Gowni addressed the Board Members on this Request. Chairman Waters asked, "Are the tanks still in the ground there ?" Mr. Gowni stated, "I am going to take them out." Chairman Waters reiterated, "You are going to pull them ?" Mr. Gowni answered, "Yes." Discussion ensued on the medians. Next, a letter dated January 14, 2009 was distributed to the Board Members regarding a Franchise Agreement with 7- Eleven, Inc. Chairman Waters opened the "Public Input " portion on this Agenda Item. Ms. Carol Ziebarth, 400 La Vista Drive, Winter Springs, Florida: noted she was concerned about the traffic, congestion and was opposed to this Request. Discussion. Ms. Antoinette Jardin, 15 La Vista Circle, Tinter Springs, Florida: spoke to the Board Members about a wall to buffer the noise. Ms. Jardin asked, "When will this go to the City Commission ?" Mr. Baker stated, "We have it scheduled for the 26 of this month." Chairman Waters closed the "Public Input " portion on this Agenda Item. Discussion ensued on the Masonry Wall. Vice Chairman Jack Taylor suggested that the Drawings be larger. Mr. Baker responded, "Okay." Mr. Gowni further addressed the Board Members regarding this Request. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING —JANUARY 15, 2009 PAGE 3 OF 4 With discussion on the Wall, Mr. Myrick then stated, "It is a concrete -- block wall, stucco on both sides and painted on both sides. It will run the entire length of Hacienda Village where this development abuts Hacienda Village." Mr. Myrick mentioned that, "As Mr. G owni said, he is the owner of the property — he will also be the owner and the operator of the 7 -11, so it is not just a franchise or he is not just leasing it out to somebody. He will be there on a day by day basis to make sure it is properly operated." Chairman Waters called a Recess at 7:43 p.m. The Special Meeting reconvened at 7:48 p.m. Discussion. Tape 11Side B "I MAKE A MOTION TO APPROVE THE CONDITIONAL USE REQUEST BY MR. MYRICK TO ALLOW A TWENTY -FOUR (24) HOUR CONVENIENCE STORE AT THE CORNER OF HAYES ROAD AND [STATE ROAD] 434 SUBJECT TO THE CITY ENGINEER'S REVIEW OF THE TRAFFIC ANALYSIS AND THE ASSOCIATED RECOMMENDATIONS." CHAIRMAN WATERS ASKED, 66 YOU DID STATE IN THERE THAT YOU ARE BASING IT ON STAFF'S CRITERIA?" VICE CHAIRMAN TAYLOR REMARKED, "YOU CAN ADD THAT BUT IT IS A GIVEN," MOTION BY VICE CHAIRMAN TAYLOR, SECONDED BY BOARD MEMBER PAINE- MALCOLM. DISCUSSION. VOTE: BOARD MEMBER CASMAN: NAY CHAIRMAN WATERS: AYE BOARD MEMBER PAINE- MALCOLM: AYE BOARD MEMBER COLLINS: NAY VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Clerk Election Of Officers. "I MAKE A MOTION WE KEEP THE OFFICERS AS THEY HAVE BEEN." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING — JANUARY 15, 2009 PAGE 4 OF 4 CHAIRMAN WATERS ASKED FOR CLARIFICATION ON THE OFFICERS AND BOARD MEMBER COLLINS STATED, "CHAIRMAN -- TOM WATERS AND VICE CHAIRMAN JACK TAYLOR." VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE- MALCOLM: AYE BOARD MEMBER GASMAN: AYE MOTION CARRIED. ADJOURNMENT Chairman Waters adjourned the Meeting at 7:58 p.m. RESPECTFULL Y SUBMITTED: /JOAN L. BROWN ( . PUTY CITY CLERK APPROVED: Y THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the May 21, 2009 Regular Board of Adjustment Meeting. Attachment "B" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2009 PAGE I I OF 30 "I WOULD LIKE TO MOTION FOR APPROVAL." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. ATTORNEY GARGANESE SAID, "I WANT To CORRECT ONE THING IN THE STAFF REPORT, AND RANDY (STEVENSON) HAS CONFIRMED THAT. IF YOU LOOK AT THE FINDINGS 3., 4. AND 5.; IT SAYS THAT THE SITE PLAN IS `INCONSISTENT' WITH THE COMPREHENSIVE PLAN OF CITY CODE OF ORDINANCES. THAT SHOULD BE `CONSISTENT', NOT "INCONSISTENT'." VOTE: COMMISSIONER BROWN: AYE CoMMISSIoNER HOVEY: AYE CoMMISSIoNER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Presents To The City Commission A Request For A Conditional Use To Allow A 24- Hour Convenience Store Without Gas Pumps Or Other Fueling Stations At The Hayes Road Plaza (Located A The S.W. [Southwest] Corner Of S.R. [State Road] 434 And Hayes Road). Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Discussion followed on the height of the wall being six (6') feet; and the Vote in the Board of Adjustment supporting Minutes. Safety issues for this kind of a business, and deliveries were also discussed Mr. Bruce Myrick, 3241 Old Winter Garden Road, Orlando, Florida: representing the Owner stated, "There is no rear access to the 7 -11 - all deliveries will be made at the front." Mayor Bush opened the "Public Input "portion of the Agenda Item. Ms. Maureen Landgraff, 704 Silver Creek Drive, Winter Springs, Florida: spoke of costs for public safety staffing; the retention area for stormwater run -off; sidewalks; access to Hayes Road; and limited visibility near Hayes Road. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 26, 2009 PAGE 12 OF 30 Ms. Carol Ziebarth, 400 La Vista Drive, Winter Springs, Florida: commented on the Board of Adjustment Meeting Vote; that another area 7 -11 was not open twenty -four (24) hours; turn - around access at this corner; the number of convenience stores in Winter Springs on State Road 434; and beautifying the City in other ways. Mr. Kamil Cowni, 1348 Valley Pines Circle, Apopka, Florida: spoke on this project and stated, "I am going to be Owner /Operator." Ms. Lori Birchill, 648 Pine Branch, Winter Springs, Florida: commented that 7 -11's were nicer than other similar businesses; the convenience of a business being open twenty -four (24) hours; and noted she was in favor of this project. Mayor Bush closed the , Public Input" portion of the Agenda Item. With further comments, Commissioner Bonner said, "I just wanted to verify with our plan review people — all of the stormwater that would come from this site is handled and we are not throwing extra run -off into Gee Creek and so on ?" Mr. Fields responded, "That's correct." "I WOULD LIKE TO FOLLOW THE RECOMMENDATION OF OUR BOARD AND BASED ON THE INFORMATION WE HAVE JUST RECEIVED, I MAKE A MOTION FOR APPROVAL." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. ATTORNEY OAROANESE NOTED, "THERE WAS SOME DISCUSSION ABOUT DELIVERIES BEING PROHIBITED IN THE BACK AND OCCURRING IN THE FRONT, IS THAT A CONDITION TO THE MOTION ?" COMMISSIONER BROWN STATED, "I MODIFY THE MOTION TO INCLUDE THAT BEING A STIPULATION OF THE APPROVAL," MR. BAKER ASKED "WOULD THAT BE FOR THE OTHER BUSINESSES AS WELL ?" COMMISSIONER BROWN STATED, "YES0 Tape 2/Side A ATTORNEY GARGANESE EXPLAINED, "PUTTING THAT AS A CONDITION MAKES IT CLEAR, AND IT'S A BINDING CONDITION BECAUSE IT IS IN YOUR MOTION." COMMISSIONER BROWN RESTATED HIS MOTION SAYING, "MOTION THAT WE APPROVE THE REQUEST OF THE APPLICANT WITH THE STIPULATION THAT ALL DELIVERIES TO THE 7 -11 AND ANY OTHER TWENTY -FOUR (24) HOUR BUSINESSES THAT MAY BE COMING INTO THAT PLAZA, BE MADE TO THE FRONT OF THE BUILDING AND NOT TO THE BACK." DEPUTY MAYOR KREBS NOTED, "MY SECOND STANDS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2009 PAGE 13 OF 30 MR. STEVENSON REMARKED, `ALSO, WE NEED TO ADD INTO THAT - UPON SUCCESSFUL REVIEW OF THE ENGINEERING STAFF OF THE NEWLY RECEIVED TRAFFIC IMPACT STUDY." MAYOR BUSH STATED, "IF IT IS IN THERE, IT IS IN THERE." VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED, Mayor Bush recognized Chairman Bob Dallari of the Seminole County Board of County Commissioners. REPORTS REPORTS 400. office Of The Ci ty Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager —Kevin L. Smith Interim City Manager Kevin L. Smith stated that the requested list of Awards and Accomplishments was placed at their Seat on the dais prior to the Meeting. Secondly, Interim Manager Smith remarked, "We are in the process of instituting some improvements in our customer service delivery. I think you may have seen earlier on Consent where we have revamped the Utility Bill as a result of comments from our customers." Interim Manager Smith then spoke of more customer friendly changes with the payment counter procedures in the Building and Utility Billing Divisions which will now include having cashiers on both sides of the building. Lastly, Interim Manager Smith spoke of an upcoming Agenda Item related to the lower speed limit on State Road 434. Chief Brunelle addressed the City Commission briefly on speeding issues along State Road 434, and a couple of recent accidents.