HomeMy WebLinkAbout2011 06 01 Public Hearings 500.2 Park Manor Academy WaiversPLANNING & ZONING BOARD
AGENDA
ITEM 500.2
June 1, 2011
Meeting
Consent
Information
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 Park Manor Academy for the re-
approval of a waiver to Section 20 -211 (1) of the City Code to allow a front setback waiver from 25-
feet to 15 -feet in the R -3 (multiple - family dwelling) zoning district; and approve a new waiver request
to Section 20 -417 to allow a 6 -foot tall vinyl fence in place of a required 6 -foot tall wall, which is
required when commercial development abuts a multi - family residential use.
SYNOPSIS: The applicant, Park Manor Academy is requesting the re- approval of a waiver to
Section 20 -211 (1) which reduced the 25 -foot front setback to 15 -feet in the R -3 zoning district. Per
Section 20 -36 (a), the approval period of a Waiver is 2 years from the date of City Commission
approval unless a building permit based on and incorporating the Waiver has been issued for the
affected property. No building permit has been issued for this property and the Waiver approval has
since expired. Per Section 20 -36 (a), once this approval expires, it is deemed null and void. The
approval for the Waiver expired on October 27, 2010.
In addition to the re- approval of the front setback waiver, the applicant is requesting a new waiver to
Section 20 -417 of the City Code to allow a 6 -foot tall vinyl fence in place of a 6 -foot tall wall. This
wall is required when commercial development abuts a multi - family residential use.
CONSIDERATIONS:
FUTURE LAND USE AND ZONING DESIGNATION
FLU: Medium Density Residential
Zoning: R -3 (Multiple Family Dwelling)
APPLICABLE LAW &, PUBLIC POLICY
City Code, Chapter 20, Section 20 -34
City Code, Chapter 20, Section 20 -36 (a)
June 1, 2011
Planning & Zoning Board, Item 500.2
Page 2 of 4
City Code, Chapter 20, Section 20 -211 (1)
City Code, Chapter 20, Section 20 -417
DISCUSSION:
On October 27, 2008, the City Commission approved a waiver to Section 20 -211 (1) of the City Code
to allow a front setback waiver from 25 -feet to 15 -feet. This waiver was requested due to the required
25 -foot front setback being impractical and unworkable on a development site that is located at the end
of a private cul -de -sac roadway that abuts a wet retention pond. Neither the applicant nor staff could
determine how to arrange the site to function with this setback and still meet the minimum
requirements for a day -care facility. Staff conveyed to the applicant that they believed the waiver
provisions of the Code fit the situation and recommended the applicant consider that option. The
waiver approval expired on October 27, 2010.
Per Section 20 -36 (a), the approval period of the Waiver is 2 years unless a building permit based on
and incorporating the Waiver has been issued on the affected property. No building permit has been
issued on this property and the Waiver approval has since expired. Per Section 20 -36 (a), once this
approval expires, it is deemed null and void. Based on this, the applicant is requesting re- approval of
the waiver to Section 20 -211 (1) of the City Code to allow a front setback waiver from 25 -feet, to 15-
feet.
In addition, the applicant is requesting a waiver to Section 20 -417 of the City Code. This section of the
Code requires a 6 -foot wall when commercial development is adjacent to a multi- family use. The Code
states the wall must be concrete block, brick or other durable material (wood not allowed). The
applicant is requesting a waiver to this provision of the Code to permit a 6 -foot high vinyl fence
adjacent to a multi - family development that abuts the southwest corner of the property.
On February 22, 2010, the City Commission approved a site plan for this development. On the site
plan, a 6 -foot wall was provided adjacent to the multi - family residential area. This wall does not
extend the length of the property line, and was only required where the subject property abuts the
adjacent multi - family development. The site plan was approved subj ect to providing the masonry wall
as depicted on the plans, or subsequently receiving a waiver from the wall requirement to extend a 6-
foot tall vinyl fence along the adjacent multi - family residential property to the southwest. Staff
observed on a site visit that the adjacent development located to the west (125 Excelsior Parkway) has
a vinyl fence abutting the adjacent multi - family development. This fence appears to be approximately
6 -feet in height and the applicant has conveyed to staff that they are proposing the same style of fence.
On February 28, 2011, the City Commission extended approval of the site plan.
On February 22, 2010, an Aesthetic Review was approved for this project by the City Commission. Per
Section 9 -604 of the Code, the Aesthetic Review approval has duration of 18 months from the
effective date of approval and will expire on August 22, 2011 if no building permit is obtained.
CHRONOLOGY
• January 11, 1990 — Excelsior Business Park plat was recorded with Excelsior Parkway as a
private cul -de -sac roadway.
June 1, 2011
Planning & Zoning Board, Item 500.2
Page 3 of 4
• October 27, 2008 —City Commission approved the front setback waiver.
• February 22, 2010 — Aesthetic review and site plan approved by the City Commission.
• February 28, 2011 — Site plan approval extended by the City Commission.
FINDINGS
The 6 waiver criteria set forth in Subsection 20 -34 (d) are as follows:
1. The proposed development plan is insubstantial compliance with this chapter and in compliance
with the comprehensive plan.
• Staff finds no conflicts with the comprehensive plan and no conflict with other
parts of the zoning code (Chapter 20).
2. The proposed development plan will significantly enhance the real property.
• Staff believes the plan meets this criterion by providing a locally owned and
operated business that will benefit both the neighborhood and the City as a
whole.
3. The proposed development plan serves the public health, safety, and welfare.
• Staff believes the plan does meet this criterion, since the site is at the end of a
private cul -de -sac and the site plan for a daycare center must meet applicable
state requirements as well as the zoning requirements.
4. The waiver will not diminish property values in or alter the essential character of the surrounding
neighborhood.
• Staff believes the waivers will not diminish property values and will not alter the
essential character of the surrounding neighborhood in a negative manner.
5. The waiver granted is the minimum waiver that will eliminate or reduce the illogical,
impractical, or patently unreasonable result caused by the applicable term or condition under this
chapter
• Staff believes the waiver requests are the minimum requests that will allow the
building and site to be developed for this use.
6. The proposed development plan is compatible with the surrounding neighborhood.
• Staff believes the proposed building setback and proposed 6 -foot tall vinyl fence
are compatible with the surrounding neighborhood.
June 1, 2011
Planning & Zoning Board, Item 500.2
Page 4 of 4
FISCAL IMPACT: The approval of the Waivers will allow flexibility in the development process for
Park Manor Academy. The fiscal impact should be positive with the development of a day -care facility
which will create jobs and add to the taxable value of the City.
COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The
Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients;
And Is Available On The City's Website, Laser Fiche, 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, Laser Fiche, And The City's Server; Has Been Sent To 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; And Has 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. This Agenda Item Is Also
Available To Any New Individual Requestors. City Staff Is Always Willing To Discuss This Or Any
Agenda Item With Any Interested Individuals.
RECOMMENDATION: Staff recommends that the Planning & Zoning Commission forward a
recommendation of approval to the City Commission for Park Manor Academy for the re- approval of
a waiver to Section 20 -211 (1) of the City Code to allow a front setback waiver from 25 -feet to 15 -feet
in the R -3 (multiple - family dwelling) zoning district; and approve a new waiver request to Section 20-
417 to allow a 6 -foot tall vinyl fence in place of a required 6 -foot tall wall, which is required where
commercial development abuts a multi - family residential use.
ATTACHMENTS:
A. Minutes, October 27, 2008 and February 22, 2010 City Commission meetings
B. Sheet 4 and L1, Final Site Plan, Park Manor Academy
C. Approved elevations, Park Manor Academy
D. City Code, Chapter 20, Sections 20 -34, 20 -36, 20 -211, 20 -417
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 27, 2008
PAGE 17 OF 25
PUBLIC HEARINGS
504. Community Development Department
Requests That The City Commission Hear The Request For A Waiver From The 25
Foot Front Yard Setback Set Forth In Section 20 -211. Of The City Code, Pursuant
To The Waiver Criteria And Procedure Detailed In Section 20 -34., To Allow A
Daycare Center To Be Constructed At 135 Excelsior Parkway, Within 15 Feet Of
The Private Right -Of -Way (ROW).
Mr. John Baker, AICP, Senior Planner, Community Development Department addressed
the City Commission on this Agenda Item and Request.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Brief discussion.
"MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
MAYOR BUSH REMARKED, "MOTION TO APPROVE ITEM `504' BY
COMMISSIONER McGINNIS WHICH IS APPROVING THE REQUEST FOR A
WAIVER."
VOTE:
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
505. Not Used.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 19 OF 26
REGULAR AGENDA
REGULAR
600. Community Development Department
REQUEST: Presents To The City Commission A Request For Combined Preliminary And Final
Engineering /Site Plan Approval For An Approximately 3,500 Square Foot (SF) Daycare Facility Within
The R -3 (Multiple Family Dwelling) Zoning District.
FISCAL IMPACT: The Seminole County Property Appraiser's Office States That, Within Seminole
County, The Average Building Size For A Daycare Center Is 5,528 S.F. (Square Foot) (This Facility Will Be
Approximately 3,500 S.F. (Square Foot)) And That The Average Just Value Of These Facilities Is $110.70
Per Square Foot. Therefore, Without Knowing Further Specifics, The Estimated Total Just Value Of The
Facility Is $387,450.00 (3500 SF (Square Foot) X $110.70). The Applicant Projects 3 Full -Time And 2 Part-
Time Employees. Tax Revenue Projections Are As Follows:
3,500 Square Feet - Assessed At $110.70 /Square Foot: $387,450.00 Assessed Tax Value
$387,450.00/1000 = $ 387.45
$387.45 (2.5814) = $1,000.16
$1,000.16 (Less The 4% Statutory Discount) = $960.16 Tax Revenue
COMMUNICATION EFFORTS: Neighboring Properties Within 150 Feet Of The Site Were Notified In
Writing And Signs Were Placed At The Site For Both The Conditional Use And The Building Setback
Waiver. No Further Efforts Have Been Made For The Site Plan. Further Notification Is Required If The
Applicant Seeks A Waiver From The Wall Requirement (To Extend The Vinyl Fence Along The Adjacent
Residential Property).
RECOMMENDATION:
P &Z /LPA (Planning And Zoning Board/Local Planning Agency) Recommendation -
At Its Regularly Scheduled Meeting Of February 3, 2010, The Planning And Zoning Board Voted To
Approve The Final Engineering /Site Plan For The Park Manor Daycare Facility.
STAFF RECOMMENDATION -
Staff Recommends The Final Engineering Plans Be Approved, Subject To Either Providing The Masonry
Wall, As Depicted On The Plans, Or Subsequently Receiving A Waiver From The Wall Requirement To
Extend The Vinyl Fence Along The Adjacent Residential Property To The Southwest.
Mr. Baker presented this Agenda Item.
"MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER HOVEY: AYE
DEPUTY MAYOR BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BONNER: AYE
MOTION CARRIED.
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ATTACHMENT "D"
Sec. 20-34. Waivers.
(a) Any real property owner may file a waiver application requesting a waiver for their real
property from any term and condition of this chapter (except from the list of permitted,
conditional and prohibited uses set forth in any zoning district category) if the property owner
clearly demonstrates that the applicable term or condition clearly creates an illogical,
impossible, impractical, or patently unreasonable result.
(b) The planning and zoning board shall be required to review all waiver 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
waiver criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board 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 planning and zoning board's recommendation.
(d) In addition to the standard set forth in paragraph (a) above, all waiver recommendations
and final decisions shall also comply with the following criteria:
(1) The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
(2) The proposed development plan will significantly enhance the real property.
(3) The proposed development plan serves the public health, safety, and welfare.
(4) The waiver will not diminish property values in or alter the essential character of the
surrounding neighborhood.
(5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical,
impossible, impractical, or patently unreasonable result caused by the applicable term or
condition under this chapter.
(6) The proposed development plan is compatible with the surrounding neighborhood.
(Ord. No. 2004 -49, § 2, 12- 13 -04; Ord. No. 2010 -09, § 2, 4- 26 -10)
Sec. 20 -36. Expiration of conditional use, variance and waiver approvals.
(a) Any conditional use, variance or waiver approved by the city commission under this
Division 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, without public hearing, an
additional six months, provided the property owner demonstrates good cause for the extension.
In addition, if the 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.
(b) The city commission hereby finds that there may be one or more unexpired conditional use,
variance, or waiver permits previously granted by the City that may have never been acted upon
or abandoned by the property owner. The city commission finds that these unexpired permits
may now be detrimental to the public health, safety, and welfare of the community due to
changed circumstances in the surrounding neighborhood and changes in law. Therefore, the
provisions of this section shall apply retroactively to any unexpired conditional use, variance,
and waiver previously granted by the city commission. It is the intent and purpose of this
subsection to void any previously granted conditional use, variance, and waiver permit that does
not comply with the provisions of this section and to require the property owner to reapply,
under current circumstances, for said permit should the property owner desire or need said
permit.
(Ord. No. 2004 -49, § 2, 12- 13 -04)
Sec. 20 -211. Front, rear and side yard regulations.
The following yard regulations shall apply in the R -3 Multiple - Family Dwelling Districts:
(1) Front yard. The front yard shall not be less than twenty -five (25) feet in depth.
(2) Rear yard. The rear yard shall not be less than thirty -five (35) feet in depth.
(3) Side yard. The side yard shall not be less than ten (10) feet in width.
(4) Corner lots. The front yard setback regulation shall control when the building is located on
more than one (1) street.
Screen enclosures or covered screen rooms shall be permitted within the interior side yard of
any detached single family zero lot line unit arranged in a cluster grouping, provided that such
screen enclosure or covered screen room maintains a minimum three -foot separation from any
adjacent building and is in compliance with other applicable provisions of the Code. Section 6-
85 of the Code is not applicable to this subsection.
(Ord. No. 44, § 44.45.6, 1 -8 -68; Ord. No. 68, § XV, 11- 29 -71; Ord. No. 2010 -2, § 2, 3 -8 -210)
Sec. 20 -417. Residential wall buffers required.
Any developer or property owner proposing a commercial or multi - family development or
redevelopment adjacent to a single family zoning district or use shall construct, at the
developer's expense, an opaque wall of six (6) feet in height along the full length of the property
line between such development or redevelopment and the adjacent single family zoning district
or use. A wall shall also be required for a proposed commercial development or redevelopment
adjacent to a multi - family zoning district or use, as required above. The wall shall be constructed
of concrete block, brick or other durable material (wood not allowed) which is compatible with
the surrounding area, and acceptable to the development review committee as to compatibility,
design, and compliance with this section and the City Code. The wall requirements of this
section shall apply internally within the boundaries of Town Center, but only to buffer loading
docks, service areas, and trash disposal facilities from adjacent single - family or multi - family
residential uses. If a wall is required internally within the Town Center, the wall requirement may
be waived or varied by the development review committee and city commission pursuant to the
special exception criteria and procedure set forth in the Town Center District Code. The wall
requirements of this section shall also apply along the boundary of property that also constitutes
the outer perimeter of the existing area zoned Town Center.
(Ord. No. 2000 -07, § 2.13, 5 -8 -00)