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HomeMy WebLinkAbout1982 01 07 Board of Adjustment Regular Minutes , . T9~se minutes were ~~nded and approved on.February 4, 1982. ~, BOARD OF ADJUSTMENT MEETING CITY OF WINTER SPRINGS JANUARY 7, 1982 The Board of Adjustment Meeting was called to order by Chairman Ellen Weiss. The pledge of allegiance was led by Bill Jacobs. Roll Call: Al Davis, present Ellen Weiss, present Bill Jacobs, present Harry Reid, present Ted Holz, present City Officials: Jacqueline Koch, City Planner APPROVAL OF MINUTES OF DECEMBER 3, 1981. Weiss stated she would like to make an addition to page She noted Mrs. Una Brown was sworn in. Jacobs moved to December 3, 1981. Seconded by Weiss. Vote: All aye. 3, the second paragraph. approve the minutes of Motion carried. Weiss moved to add an eighth item to the agenda - to discuss whether the Board should adopt Roberts Rules of Order - Revised. Seconded by Davis. Vote: All aye. Motion carried. REQUEST OF CHEMICAL ENTERPRISES, INC., FOR CONDITIONAL USE TO DEVELOP 7 ACRES ZONED C-2 WITH MULTI-FAMILY RESIDENTIAL DWELLINGS (NORTH SIDE OF S.R. 419 ACROSS FROM EDGEMON AVE.) The City Planner stated Mr. Binford's property is located on the north side of S.R. 419. Ms. Koch stated we have had several precedents to this. She asked whether Mr. Binford was applying for the conditional use for the entirety of the property or the frontage south of the railroad tracks. Ms. Koch stated the application includes the entire property. The Chairman asked for the staff's opinion and the City Planner stated she felt this was appropriate and stated it might even be preferable as far as blending in with the neighborhood. Mr. Tom Binford, 409 Sheoah Blvd., Winter Springs, was sworn in and stated his request is for a conditional use with maximum density of 16 units per acre for condominiums. Weiss asked if this request was for the entire property. Mr. Binford stated his request applied to the area from the railroad tracks to S.R. 419. Discussion. There was no one to speak for or against the request. Jacobs moved to approve the request of Chemical Enterprises, Inc. as submitted. Seconded by Reid. Reid stated he felt it would not be in their authority to approve or disapprove this because under C-2 they do not allow for any conditional uses - they do allow everything that is permitted under C-l however this is not allowed under C-l unless it would be a conditional use however the conditional use under e:"'l' restricts approval to within that classification and that he felt the ordinance would have to state that they would have the authority to rule on this specifically or to allow it as a conditional use otherwise he felt it would have to go to Planning and Zoning or submission under 44.2Ll<5)to make application to rezone the property. The City Planner stated our commercial zones are paramedal - C-2 includes C-l - any procedure allowed in C-l is included as well in C-2 and we have had a precedent. One of the multi-family projects was on C-2 property - the Mosswood Apts. on south Moss Road. That has been built under conditional use in zone C~2 which is identical to this request. Reid stated he felt two wrongs do not make a right. He stated if they were giving them the authority to do so they would have said so in the ordinance and that it should be changed or get some type of opinion. Mr. Binford stated he would prefer the Board render a decision and that if they did not feel comfortable with the request to deny it rather than tabling the request because he would suffer a financial hardship. There was discussion as to the term; use. Davis offered an amendment to the motion .\ll~ " - - . Board of Adjustment Meeting January 7, 1982 Page Two. that it not exceed 10 units per acre. Mr. Jacobs would not agree to amend his motion. Davis moved to amend the motion to limit the density to ten units per acre. Seconded by Reid. Vote on the motion: Holz no' Davis yes " , , Weiss, no; Jacobs, no; Reid, aye; motion failed. Discussion. Reid moved to table the request until a legal opinion is rendered. Seconded by Davis. Vote: Holz, no; Davis, aye; Weiss, no; Jacobs, no; Reid, aye; motion failed. Roll was called to vote on the motion made by Jacobs to approve the request of Chemical Enterprises, Inc. as presented, which was seconded by Reid. Vote: Holz, aye; Davis, no; Weiss, aye; Jacobs, aye; Reid, no; motion carried. The Board stated they would appreciate the City Planner checking into Mr. Reid's concerns regarding their authority. REQUEST OF MICHAEL ALEXATOS FOR SPECIAL EXCEPTION IN ZONE C-l TO CONSTRUCT A GROCERY STORE WITH SALE OF GASOLINE ON SOUTHEAST CORNER OF S.R. 434 AND HAYES ROAD. The City Planner pointed out the location and stated the request is to construct agrdcery store with sale of gasoline zoned C-L She stated C-l zoning ordinance lists 26 automatically allowed uses. The two proposed businesses do not fall on that list. Item 18 allows that an~;other retail store or business in the judgment of the Board of Adjustment is consistent with those included may be approved. The City Planner stated under Section 44.21 the Board of Adjustment may also grant special exceptions. She stated that when the application was processed there was some question as to whether this was a special exception. She stated for the record under our law this is called a special exception and is being processed as such. Weiss read Section 44.21.1B and asked the City Planner i~ she had a specific recommendation from the City Staff. The Planner stated she did not have a recommendation from the City Staff, however the most recent policy established by the City Commission was to oppose such an approval. Attorney ITackT. Brj,dges" 209 N. Oak Avenue, Sanford, FL, was -sworn-in and stated he was present to represent the applicant. Attorney'Bri,o.ges. ste,tedhetn,ought . the maj ori ty of the Board had heard the previous presentation of his cli.ent and that the Board had approved it and upon appeal to the City COmmission it was reversed. He stated the record should reflect they are here again to start the procedure again. Attorney Bridges stated the application that is . before them is checkmarked as a special exception which was done under protest and that he does not consider this application to be a special exception. He stated he felt this was a permitted use within a C-l district under Section 44.47(18). Attorney Bridges stated in reviewing the zoning code and ordinances, he found some problems in that under Section 18 it has a catchall provision wherein this Board is given total discretion to grant or deny based upon the spirit and intent of Sections 44.01. thrbugh44.90~' Attorney Bridges said he found those to be vague and that they do promulgate such guidelines as the Supreme Court of the State of Florida requires in the approval of condi- tonal uses. He stated he suggests this is a permitted use under our zoning code - it is not a conditional use and most assuredly it is not a special exception as the law defines those terms. Mr. Michael Alexatos, 106 Autumn Drive, Longwood, was sworn in and spoke for his request. Mr. Alexatos stated the building would be .40 X 60 and that it would not be a general type of Shop N' Go that is now constructed. Mr. Alexatos stated it would be a premium type store. He stated they did not feel this location would create a traffic problem. Regarding the sale of gasoline presenting a hazard Mr. Alexatos said he felt the representative from Citgo made a detailed presentation regarding the safety features that are associated with underground gasoline - BO:l.r(:~ of Ad,jlrtment Meeting .ranuary '{, 1982 Page Three. tanks. Mr. Alexatos stated one of the concerns was that it would prohibit a clear view of 434. He said there is not a ,clear view at the present time be- cause of the trees. Mr. Alexatos stated this would actually open. it up so that you would have a better view and be far safer as far as traffic was concerned. Mr. Alexatos said as far as the children hanging around the store neither he nor the Shop N' Go people could control other peoples' children. He stated he felt it was mainly emotional. Weiss asked since the applicaion merely requests a grocery store with the sale of gaSOline is it assumed it will be a Shop N' Go if it is approved. Mr. Alexatos stated it would be. Davis asked what his concept of a premium Shop N' Go was. Mr. Alexatos stated the drawings have not been completed however the decor would be similar to the surrounding offices and stores they intend to put on that property. Mr. Alexatos stated the store would not look like the one on 434. Mr. Reid asked if the station would be self-serve and whether it would face 434. Mr. Alexatos stated he believed it would be self-serve and that it would face 434. He stated at the present time he did not think there would be a driveway going onto Hayes Road only 434. Mr. Alexatos stated Celery Avenue provides an adequate buffer. They have no plans to use Celery Avenue at this time. Discussion. The Chairman asked if there was anyone in the audience to speak for the request. She then heard from people in the audience speaking against the request. Mrs. Leanne _ Grove, 626 Alton Rd., was sworn in and stated her concern over the traffic was at the intersection of Hayes and 434. She said. according to the Building Dept. of the City of Winter Springs there are 283 Single-Family Residences in Sections 8, 9, 2 & 2A of North Orlando Ranches.' Mrs. Grove stated this inter- section is the only feasible ingress/egress to this area for these homes. According to the ITE Manual a single-family dwelling generates 11.0 trip ends on an average, so if these two figures are multiplied you come up with 3,113. According to ITE a convenient store (using a range open 15-16 hours) averages' 332.6 trip ends. When adding this figure to 3,113 you come up with 3,445.6 autos per 24 hour period. Mrs. Grove stated this was the way she was instructed to figure the traffic impact according to the Seminole Planning Council. She stated she realized this was an average. The City Planner stated the total presented reppesents 1/3 the capacity of that road. The capacity of a two-lane road is 9,135. Jacobs stated he did not see where this convenient store would increase the traffic in view of the fact if someone needs an item they are going to go across 434 regardless of whether they frequent this particular store. Mrs. Grove stated the store would bring in more traffic at this inter- section not necessarily generated from Sections 8, 9, 2 & 2A. Mrs. Grove submitted Items A through F for the new board members to review. This is the same information that was submitted previously. Mrs. Grove made mention of the road that has been cut through from Hayes Road all the way to Shore Rd. Jacobs reminded Mrs. Grove there are other permitted uses which may generate more traffic than a convenient store. Mrs. Grove stated she did not feel this Board has the power to overrule something the elected Officials (Council) have established. Weiss reminded Mrs. Grove this was a new application. Mrs. Grove stated they have determined a convenient store in that particular area is not in the best interest of the health, safety and welflare of the citizens of Winter Springs and that he felt that should be remembered. Mr. Frank Bracht, 613 Pearl Rd., was worn in and stated he owns property on Wade St. Mr. Bracht stated his conce n was over the traffic it will generate and stated he has a hard time getting ut of Hayes Road now. He stated he did not feel it fiwin with the characte of the neighborhood. Mrs. Sondra Ribakoff, - - Board of Adjustment Meeting . January 7, 1982 Page Four. 618 Alton Rd., was sworn in and questioned the need for the store. Mrs. Ribakoff stated 434 is the main road and all you see are convenient stores. She stated it is a shame to ruin a nice City. Mrs. Ribakoff reminded the Board they have to power to control whether the City is full of convenient stores or not. Mr. William Poe, 639 Marlin Rd., was sworn in and stated he feels there are enough convenient stores in the City. Mr. Poe also stated he understood the charter of the Board to maintain the decorum of the City and asked that they please do so by not making it a strip that looks like one business mile after mile. Ms. Mary Lownes, 329 San Miguel, was sworn in and stated many cities all across the United Stated arespehding billions of dollars trying to tear down the hearts of their cities. She stated she felt we have a terrific opportunity to build a beautiful city. Mr. Howard Enright, Hacienda Village, was sworn in and stated he has lived here five years and that he has seen the traffic increase and more accidents happening and that he felt they should take into consideration the safety of the senior citizens and the children. Mr. Robert Schreck, 635 Marlin Road, was sworn in and stated there is no place in Winter Springs where he cannot coast to a gas station if he runs out of gas. Mr. Schreck also mentioned the house on the corner of 434 and Hayes Road which hinders the view onto 434. Ms. Helen Fody, 606 Pearl Rd., was sworn in and stated she is opposed to the request. Mrs. Marcia Bracht, 613 Pearl Rd., was sworn in and stated she is the President of the Sugartree Station Homeowners Assn. She stated she was present to represent the association and that she felt they showed the Board and the Council back in June that they are greatly opposed to this. Mrs. Bracht said when she moved here six years ago there were t~o convenient stores in that area which was alright, when there were three convenient stores in the City they still did not oppose it, but now you can go approximately ~miles starting at the Food Barn and going to Cumberland Farms and we have five plus the Fairway Market - she stated she believes enough is enough. Mrs. Bracht stated they do not wish to fill this City with convenient stores. She stated they wished to bring in industry and professional people and that maybe these people will stay away if they continue to spring up gas stations and convenient stores. The Chairman corrected the number of convenient stores within the city limits and stated according to the City Planner there are actually three convenient stores. Mr. Charlie Kaley, 395 Hacienda Village, was sworn in and spoke for the residents in Phase I of Hacienda Village. Mr. Kaley is the President of Hacienda Village Homeowners Association and stated he felt that spot would be a nuisance for noise because Phase I is along Hayes Road. Mrs. Marta Garam,2948 Starwood Drive, Maitland, was sworn in and stated she is an existing businessperson and that she is opposed to the convenient store. Mrs. Garam asked if there was not some discussion regarding an amendment which would prevent a convenient store within less than a mile from one another. The Board stated there was a recommendation made to that affect. Mrs. Garam stated the area is already saturated with convenient stores. She is the owner of North Orlando Foods. . ~w. Helen Powell, Hacienda Village, was sworn in and stated she did not feel we need anymore convenient stores. Mr. Bud Powell, Hacienda Village, was sworn in and stated he was concerned as to the hardship to the present businessowners. Ms. Diane Brown, 604 Pearl Rd., was sworn in and stated her property backs up to the woods and that she is opposed to the convenient store. Davis asked for her reasons opposing the convenient store. Ms. Brown stated if it is open 24 hours there will be noise, children running through the yards. The City Planner pointed out the surrounding property and its zoning. Following a five minute recess, the Chairman called the meeting of the Board of Adjustment back to order. _. - BoariJ of Ad511stment Mee~ing January 7, 7982 Page Five. Attorney Bridges stated under the law the question of need is not material or relevant to this Board or any political public Board in this State on this type of proceeding. Attorney Bridges stated legally this has no bearing. He also stated in reference to Mrs. GtQve~traffic studies, he felt she should have done it in Winter Springs instead of Columbus, but stated he noted the comment of our staff member that this road will accommodate 9,000 plus vehicles per day and taking her projection to their imaginary horribles you are only a third capacity as to this one corner. Attorney Bridges stated if this Board is going to in its deliberations make a part of the record the ITE Study, he suggested they also make a part of the mental deliberations the recommendations promulgated by our own staff. He also suggested the study might be very good for Columbus, but we are having to look at Winter Springs and Hayes Drive and 434 and the trip ends and the trip outs. The City Planner stated she felt it was appropriate to have concern over Hayes Road. She stated Hayes Road is the only road in this area which goes all the way to 434. The number of trips produced by the neighborhood and the conflicting commercial in this situation is not nearly important as it is in this area where that is the only way out. That road will carry 9,135 cars two lanes without turn lanes. The City Planner is referring to Hayes Road. She stated the large blue area is a 190 acre planned unit development that will add 5,000 trips per day and even being conservative and allocating only 1/3 to Hayes Road, you can see it is going to have a tremendous impact on Hayes Road. The Planner stated there will be additional development in the Ranchlands and made mention of the area on the east side that will impact Hayes Road that is now undeveloped. The City Planner stated she felt the need to opt for a very low traffic generating development on that site. She stated it is true that there may be some automatic uses that are greater traffic producers but stated the average shopping center would produce 60. trips per day for the same square footage for 1,000'feet. She stated a convenient store open 24 hours per day produces 577 which is 9 timeS as much. A professional office of the same size would produce 12.3 per day. Ms. Koch stated her analysis at this particular site would be that we have the choice between approving a type of business that is knownto be a high volume traffic generator and remaining in:thesituation where we mayor we may not have an automatically allowed use developed on that site wich would equal or surpass that. She stated she did not feel a convenient store would be desirablea:t that COl!'neI' dUe t:o tihetrnffi,c. Davis stated in view of the application being for a convenient store and in view of the reason for a convenient store being convenient to the people it will serve in the area and due to the fact there are a number of people indicating that it would bot be a convenience to them that it would supposedly serve he stated he cannot see where it would be in the best interest of Winter Springs and for the health, safety and welfare from the testimony he has heard from the citzens and stated he would therefore make a motion to deny the applicant the special exception to put a convenient store with gasoline sales at this particular location and based on the City Planner's vievsof the traffic patterns that can be created and the hazards that can be created there. Seconded by Reid. Reid stated he felt it might create a hardship to the adjacent residential propertyowners and that it would create a hazard and threat to the safety, health and welfare of the community to increase traffic through that inter- section and noted the number of children in the area. He also mentioned the Board of Adjustment Meetin,:: Januar;' 'T, 1982 Page Six. fact that convenient stores do attract children hanging around and that the traffic would be hazardous to the retired people living in the area. He stated he does not feel it complies with the character of the neighborhood. He said he did not believe the use is in harmony with the intent of the zoning ordinances of the City of Winter Springs. Holz stated he agreed with these comments. Vote on the motion: Davis, aye; Weiss, no; Jacobs, no; Reid, aye; Holz, aye; motion carried. The Chairman advised the applicant of his right to appeal. REQUEST OF MICHAEL ALEXATOS FOR SPECIAL EXCEPTION IN ZONE C-l TO CONSTRUCT A GAS STATION WITH SALE OF GROCERIES ON SOUTH SIDE OF S.R. 434 BETWEEN DEVON AND FAIRFAX. The Chairman stated the same procedure would be followed and that it falls under the special exception which was read previously and that the same statements apply to this request. The City Planner pointed out the location. The Chairman asked the City Planner if the staff had an opinion. Ms. Koch stated no, but that she would like to point out that the previous remarks do not hold true of this site. She stated that separation of rQadways of this location is approximately 200 feet apart as opposed to in this case 2/3 of a mile and xhe same problem doesn't exist. Jacobs asked if this was a Citgo. Mr. Alexatos stated it would be. He also stated it would be identical to the one on Lake Brantley Rd. and 434. The Chairman asked if this would be self-service and whether there would be a mechanic on duty. Mr. Alexatos stated he believed it would be self~serve and there would be no mechanic. Mr. Alexatos stated he thought there would be 8 dual pumps. Mr. Alexatos stated the primary business is the sale of gasoline. He. also stated there would be three entrances and three exits. There is a hedge buffer planned for the back. There was no one in the audience to speak for the request. Ms. Mary Ellen Lownes was reminded she was still under oath and stated as she recalled from the last presentation Mr. Alexatos sai.d the employees that were going to be in this establishment was one young girl in a convenient store, that they were told it would be a 24-hour operation. She stated they were also told there would be one young man in the filling station. She reminded the Board they have a saloon in Fairway Market and that at one of the last meetings one of the representatives from the Police Department remarked that this particular type of operation may bring some police problems into our area. She stated there is not too good of an element around the saloon at late hours. She stated that she is afraid that if they have a 24-hour operation just up the highway they are going to go from one to another and that it is not too good of an element to have in a neighborhood for small children that attend an eIementary school that is just a few blocks away. Ms. Lownes also stated she would like to know if this gentleman would like all those tanks that contain those hundreds of gallons of gasoline under the ground less than 50 feet away from his house. The Chairman stated Mr. Larsen, the representative from Citgo, explained there are safety valves that prevent leakage. Ms. Lownes $,t~ted. she is also concerned about the noise and the pollution frOm the trucks and traffic and that this is also on the same side' of the school. She als,o stated she did not feel weneeft this establishment. Ms. Lownes $aid she lives in Indian Ridge Patio Homes and that the residents up against the fence are having problems with noise and pollution. She sta,ted they have a board.,.. wall which does nothing to improve the situatiqn. She stated now that Fairway is in there the residents cannot get anything done about the problem. - Board of Adjustment Meeting January" 1982 Page Seven. Ms. Lownes said she hated to see this forced on someone else in Winter Springs. She stated according to the master plan they can say no and asked that they think about it for Winter Springs' sake. Mr. Howard Enright, 149 Hacienda Village, was reminded he was still under oath and stated he was opposed to the request. Mr. William Poe stated he was against the request for the reasons stated above. Mrs. Leanne Grove stated this particular site obviously does not create an undue traffic hazard, however, she stated she,d.s concerned with the number of convenient stores and the fact that our Police Department's capabilities will be further taxed. She made mention of the woman mugged in Winter Springs on the 20th at the Handy Way and stated she felt we do not need to encourage anymore growth that will promote this type of situation. Mrs. Grove stated she finds this incompatible with the Comprehensive Use Plan, especially the part where it says; "attract a variety of businesses," and als.o she stated the City Commission of \.Jinter Springs established a ',precedent and said it was not in the best interest of the health, safety and welfare to have a convenient store at this location and that she felt the Board should deny this request and let Mr. Alexatos argue it out with the Commissioners, Mrs. Marta Garam stated she is opposed to this request because it would create undue hardship on her business. She mentioned the burglaries involved and the cars starting up all hours of the night. Mrs. Sondra Ri bakoff stated the children hanging around the convenient stores are not Winter Springs children but kids who have access to cars. Mrs. Ribakoff stated these 24-hour operations encourage drugs and vandali.sm to the surrounding neighborhood. Mr. Ed Lownes spoke against the request. Ms. Hellen powell stated she was opposed to the request. Attorney Bridges said he understands the people do not want this here and that this is not sufficient legal justification. "Davis stated in view of the citizens' opposition he felt this request should be denied. Davis moved to deny the applicant the special exception to build a service station as applied for. Seconded by Reid.' Davis stated he felt this requ?st was nbt :in the best interest bfthecitizens . arid "their safety and health of the City in view of their objections to it. He stated it is their City. Weiss stated she didnbt feel this was consistent with the character of the neighborhood. She said she did'not see the place for a 8 dual pump gas station within a residential community. Vote on the motion: Davis, aye; Weiss, aye; Jacobs, no; Reid, aye; Holz, aye; motion carried. The Chairman reminded the applicant of the appeal process. DISCUSSION ON THE BOARD ADOPTING ROBERTS RULES OF ORDER/REVISED: Weiss stated presently the City Commission follows Roberts Rules of Order/Revised. At a December Meeting of the Planning and Zoning Board they also voted to follow the same rules. According :to. the Attorney we have the right to determine what we wish to follow. Jacobs moved to adopt Roberts Rules of Order/Revised. Seconded by Reid. Vote: All aye. Motion carried. The Chairman stated we will need to elect a Vice-Chairman. It was agreed to agenda this item for the next meeting. ~ - Board of Adjustment Meeting January 7, 1982 Page Eight. Weiss informed the Board Members they are being appealed by Mr. Frank Carter and that the Public Hearing will be January 12th. Also Mr. Samuel Meitin is appealing and the Public Hearing will be January 26th. The Chairman also reminded the Board of the ordinance under consideration by the Commission and noted the back page in which they are requesting that if a member of this committee fails to attend three meetings within 12 months that they are automatically off the Board of Adjustment and also their request that no action by our Board should be valid or binding unless it is adopted by an affirmative vote of three and that three will be the number for our quorum. Davis moved that the City furnish each member a copy of Roberts Rules of Order/ Revised. Seconded by Reid. Vote: All aye. Motion carried. Meeting adjourned at 10:15 p.m. Resp;ctOJ;:;;lxh Cif::BraddOCk. Recording Secreta~. _"~:fI!..