HomeMy WebLinkAbout2009 01 26 Public Hearings 502 Hayes Road Plaza 24 Hour Convenience StoreCITY COMMISSION
AGENDA
ITEM 502
January 26, 2009
Meeting
Consent
Informational
Public Hearing X
Regular
Mr./D t
g
Authorization
REQUEST: The 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 at the S.W. corner of S.R. 434 and Hayes
Road).
PURPOSE: The purpose of this agenda item is to consider a request by Bruce Myrick to allow
a 24-hour convenience store without gas pumps at the approximately 2 acre Hayes Road Plaza
site. Convenience stores are listed as conditional uses within the C-1, neighborhood commercial
zoning district, in Subsection 20-234 (4) of the City Code. New gas stations are prohibited
within 350 feet of any existing gas station or residentially zoned property by Section 20-418 of
the City Code.
APPLICABLE CODE:
Sec. 20-234. Conditional Uses.
(4) Convenience markets and stores and self service gasoline sales;
Sec.20-33. Procedures.
(a) Any real property owner may file a conditional use application requesting a conditional use of their real
property providing the conditional use is listed in the applicable zoning district category.
(b) The board of adjustment shall be required to review all conditional use 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
conditional use criteria set forth in this section.
(c) Upon receipt of the board of adjustment's recommendation, the city commission shall make
a final decision on the application. If the city commission determines that the board of
adjustment has not made a recommendation on an application within a reasonable period of time,
January 26, 2009
Public Hearing Item502
Page 2
the city commission may, at its discretion, consider an application without the board of
adjustment's recommendation.
(d) All conditional use recommendations and final decisions shall be based on the following
criteria to the extent applicable. (Criteria is included below under "Findings").
Sec. 20-82. Duties and powers, general.
(3) To review and make recommendations to the city commission on any application for
conditional use, as provided in this chapter.
Sec. 20-418. Gas stations.
(b) There shall be a minimum air line distance of three hundred fifty (350) feet, measured in a
straight line from the nearest points of lot boundaries, between a proposed gasoline station and
any existing gasoline station or between a proposed gasoline station and any lot zoned residential
or any lot on which a school or playground is proposed or exists.
CHRONOLOGY:
July 23, 2001 Ordinance No. 20001-13 Adopted (Gas station separation)
November 13, 2007 Final Engineering/Site Plan Approved by Commission
March 24, 2008 Aesthetic Review Approved by Commission
December 19, 2008 Conditional Use Application Received
January 15, 2009 BOA voted 4-1 to Recommend Approval, subject to City Engineer's
Comments
CONSIDERATIONS: The site plan and aesthetic review for the Hayes Road Plaza were
approved fora 17,128 S.F. shopping center including an attached 2,840 S.F. sit-down restaurant
and 14,288 S.F. of retail (and potential office). Building plans have been approved and the
building permit is ready for issuance. Given the economic situation, the owner has decided to
locate a convenience store at the site.
The applicant has submitted a revised traffic analysis with his conditional use application, to
demonstrate the suitability of the site. The traffic analysis evaluated a 3,397 S.F. 24-hour
convenience store without gas pumps, plus a 16,885 S.F. retail building. This is more than what
was approved or what the applicant is requesting. The City Engineer has reviewed the analysis,
and it appears to be satisfactory, subject to minor modifications, which include incorporating the
actual smaller square footage (please see City Engineer's Comments of January 14, 2009 in
Attachment D).
Section 20-418 of the City's Code of Ordinances prohibits this site from incorporating gas or
other motor fuel pumps, regardless of the existing adjacent convenience store with gas pumps,
due to the immediate proximity of the site to the Hacienda Village residential community.
At the January 15, 2009 BOA meeting, two (2) area residents voiced concerns and made
inquiries about traffic movements, noise, buffering, and the hours of operation (24 hours). Staff
addressed the ROW (turn lane) conveyance, curb cuts onto S.R. 434 and Hayes Road, cross-
access easement between the site and the adjacent convenience store/gas station, the wall, and the
January 26, 2009
Public Hearing Item502
Page 3
lighting. The applicant provided a January 14, 2009 letter from 7-Eleven to Community
Development Director Randy Stevenson (please see Attachment E) stating that the franchise
agreement requires a 24-hour operation. The BOA discussed the 24-hour issue but did not
address it in the recommendation of approval.
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:
(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). Minor modifications to the traffic report are required, but
the report demonstrates that the traffic volume and movements function within the pertinent
specifications. To ease right-hand turning movements from East-bound S.R. 434 onto Hayes
Road, the applicant has conveyed approximately 0.17 acres of property for aneast-bound right
hand turn lane from SR 434 onto Hayes Road, at the City's request.
(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 (no spillage above
0.5 foot-candles). 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)).
January 26, 2009
Public Heazing Item502
Page 4
(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.
(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. The traffic analysis is being revised (minor modifications) as required by the City
Engineer.
(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.
BOA ACTION: At its January 15, 2009 meeting, the BOA voted 4-1 to recommend
approval of the condition use, subject to the City Engineer's Comments of January 14, 2009.
RECOMMENDATION: The BOA and staff recommend that the City Commission approve
the conditional use request to allow a convenience store without fuel pumps, pursuant to Sections
20-33; 20-82; and 20-234 of the City's Zoning Code, subject to the City Engineer's January 14,
2009 comments and requirements regarding the applicant's traffic analysis.
ATTACHMENTS:
A Location Map
B Application Package
C Approved Site Plan Geometry Plan
D City Engineer's January 14, 2009 Traffic Analysis Comments
E 7-Eleven's January 14, 2009 Franchise Agreement letter to Randy Stevenson
F Draft Minutes of January 15, 2009 BOA meeting
COMMISSION ACTION:
ATTACHMENT A
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ATTAC H M E NT B DEC t 9 2008
CITY O F WINTER S P R I N~~ ~np~ Phy III,,SINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:407-327-6695
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BOARD OF ADJUSTMENT APPLICATION
CONDITIONAL USE /SPECIAL EXCEPTION
^ VARIANCE
^ WAIVER
APPLICANT: M .~ r a e. K Q r y c_~ ~..•
First Middle
MAILING ADDRESS: p a . ti~r~st ~~~Z~'S
~ ~\ ~.. wA o 'F t_.. 324 ~ ~
" city state zip code
PHONEBtEMAIL ~~rl +S2\ -' ~~U`~ hrs L~ Cu`~ ~~~1• L'-b~M
If Applicant does NOT own the property:
PROPERTY OWNER: G a ~ ~... `~ 0.l • ` ~•
Last First Middle
MAILING ADDRESS: ~3~t'$ ~ Ott ~ p i w. ~ C- :.r' c-`~~
A ooo~ c. F L 32*~ L2
Ci -~ State Zip Code
PHONE & EMAIL 4CR • Nf.'t-555c~
This request is for the real properly described below:
PROPERTY ADDRESS: ~ O ~ S CL `~~~
TAX PARCEL NUMBER:3~• 2O-3D• 5 C~4J • O~OO- 0300 '- 31.10.34 •'S AtJ' COAO
CSI'! t~
SIZE OF PARCEL: ~~ ,'432 s p ~'~ 2.2 ~ ~. ~.. s
Square Feat Acres
EXISTING LAND USE: ~ Q.CQ~~ ~ Gttu-~ O~~,n~a "C~t,G~ ~nr- t'~~4-~ S~t'~p CCwTaP
Cturent FUTURE LAND USE Classification: C+O~Maf~I
Current ZONING Classification: C• "'1.
Please state YOUR REQUEST:\l.•~ a C~.~~:~ei.er~d~Utt ~~r ca. e~~..VtM.~er.vt
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The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) ~-' ::
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of--way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be basest, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAVER which may be granted by the City Commission 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 (ti) 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
discrontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and nul l and void. (Code of Ordinances, Section 20-36.)
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
A copy of the most recent SURVEY of the subject property.
f~ A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
[ii~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
JUSTIFICATION for the Request {See Attached List)
l3~/NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
t>Y Notarized AUTHORIZATION of the Owner,
/IF the Applicant is other than the Owner or Attorney for the Owner (see below).
t3' APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development.
CONDITIONAL USE /SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE
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CITY 8P WINTER BpFtINGS
Permitting - Pnyiiis
By submitting this application you hereby gent temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
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FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Board of Adjustmettt consideration:
Signature of Owner
Sworn to and subscribed before me this
day of 20 Notary Public
My Commission expires:
Personally Known
Produced Identification:
CTYPe)
Did take an Oath
Did Not take and Oath
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FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I, ~~ 0. ~ ~ ~ ~ . Ca a w ~.i do hereby, with my notarized signature, allow
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atgnarure vi vwnerls~
Sworn to and su ribed b fore me this
~,_ day of 20Q$.
~_ Personally Known
Produced ID: (Type)
tary Publi Q .~
y Commisgst 1 \q~rey-1
~_ Dtd take an Oath tmxttmmtmxxxxrmxxarommxtmramunxtxmnuumunuutll
Did Not take and Oath ~ENIgFER WEl-GiRAFF
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•s Mir Gonna. Ettpi-K Sao 19, 2009
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6atded 9y NMlanal Nolrp Aan.
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i" V '~ t M., r ~ ~ K to represent me in this Application related to my property. The
3y - 2o-3o-x~-ooao• o~t~E
property is identi5ed as: Tax Parcel Number(s) 3y - "LO -~ O• S ~ • O GOO ~ O'! OG
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CONDITIONAL USE PERMIT REQUEST ~ ~'"'~~:~'j
Taken from Winter Springs Code of Ordinances, Section 20-33(d):
All Conditional Use recommendations and final decisions shall be based on the DES i ~ 1008
following criteria to the extent applicable. Attach additional paper as necessary:
CITY Op WINTER BpRINGS
Pertnittinp _ Phyllis
What is the Conditional Use you are requesting?
Open a brand new 7-Eleven convenience store. The store will operate 24 hours and sell cigarettes, beer and wine. The
store will not have gasoline.
How is the Conditional Use (including its proposed scale and intensity, traffic generating characteristics,
and offsite impacts) compatible and harmonious with
adjacent land uses?
The location is at SR 434 & Hayes Rd which is a signalized intersection. A traffic study has been included with this
application detailing traffic impact. The store will front on SR 434 which is designed for heavy commuter and
commercial traffic. This is a compatible use in that all of the surrounding properties on SR 434 are currently caned
commercial. This store will be an end cap of a brand new retail strip center which will be a substantial enhancement to
the azea. There is residential property to the south of the subject site which is buffered with an 8 foot high screen wall.
Store traffic will all be centered on SR 434. Upon construction, land is being dedicated for construction of a turn lane
onto Hayes Road which will enhance traffic flow.
Will the Conditional Use adversely impact land use activities in the immediate
vicinity? If no, why not?
The store is in an area that is currently designated as commercial use in a newly designed strip center. Because the center
has just been approved by Winter Springs for construction, it has been designed to a higher standard than the surrounding
properties.
Demonstrate bow the size and shape of the site, the proposed access and
internal circulation, and the design enhancements are 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 other similar site plan
improvements needed to mitigate against potential adverse impacts of the
proposed use.
This store is part of a brand new retail strip center which the City has just approved for construction under the most
current codes. The new codes require a higher s~Fandard of protection foc the community than any of the surrounding
properties. The center is approved for 16,885 sq ft of retail space. The 7-Eleven will occupy 2,868 sq ft. There are three
access points to the property: 1. A cross access entrance from the commercial property to the immediate west, 2. An
entrance directly off of SR 434, and 3. An entrance off of Hayes Rd accessing the traffic signal at SR 434. Because of the
traffic signal, the property is better designed to handle traffic flow than the majority of commercial properties in the area.
The design included access and irrternal traffic flow appropriate for retail traffic. In the review process for the retail strip
center, all of the design amenities such as screening, landscaping, open space, off-street parking, and storm water were
included.
Will the proposed use Gave an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values? If no, SEC 1 4 ZQQ~
why not? CITY OF IMNTER SPRINGS
There will be a positive impact on the local economy. This store and the retail strip center will contribute a sPgni#3oant'nr~~~s
amount of impact fees to the community, improve traffic flow through the dedication of the turn lane property, increase
the tax base, bring additional jobs to the community, and increase property values by turning non-productive vacant land
into an aesthetically superior commercial retail center.
WiII the proposed use have an adverse impact on natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood hazards? If no, why not?
The proposed use should have no adverse impact on the environment. The proposed usage should create no fumes or
odors, waste water will be run through the municipal sewer system, there should be no excess noise created by this usage,
there is no wildlife on the site and none will be generated through this usage, the site vegetation will be enhanced through
the landscaping incorporated into the construction, and food hazard is mitigated by the storm water retention/detention
system.
Will the proposed use have an adverse impact on historic, scenic and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? If no, why not?
There will be no adverse impact on historic, cultural or scenic resources. The aesthetics of the property will be
substantially enhanced by this developmenk
Will the proposed use have an adverse impact on pablic services, including
water, sewer, surface water management, police, fire, parks and recreation,
streets, public transportation, marina and waterways, and bicycle and pedestrian
facilities? If no, why not?
Public services should be enhanced by this usage. Thete will be a significant contribution to public services through
impact fees and a substantial incnase to the tax base through this developmenk
Will the proposed use have an adverse impact on housing and social
conditions, including a variety of housing Wait types and prices, and
neighborhood quality? If no, why not?
There should be no adverse impact on housing. The store is in area designated for commercial usage. The usage is not
residenrial in nature and does have an impact of the current stock of residential properties.
LEGAL DESCRIPTION y
DEC t ~ 201
CITY OH 1NIN7'~-i eP~INGS
Permitting _ phyllis
GENERAL
Parcel Id: 3420-30-5AW-0000-0300
Owner: PHELOPATEER LLC
Mailing Address: 1348 VALLEY PINE CIR
City,State,ZipCode: APOPKA FL 32712
Property Address: 701 434 SR E WINTER SPRINGS 32708
Facility Name:
Tax DfsMct: W1-WINTER SPRINGS
Exemptions:
Dor: 10-VAC GENERAL-COMMERCI
Legal Description: PT OF LOTS 30 & 51 & VACD ST BET BEG 25 FT N & 50 FT W OF NE COR LOT 51 RUN
S 72 DEG 38 MIN 37 5EC W 437.1 FT N 17 DEG 21 MIN 33 SEC W 190.5 FT N 72 DEG 38 MIN 37 5EC E
493.41 FT S 198.65 FT TO BEG (LESS RD) ENTZMINGER FARMS ADD NO 2 PB 5 PG 9
GENERAL
Parcel Id: 3420-30-5AW-0000~a46E
Owner: PHELOPATEER LLC
Mailing Address: 1348 VALLEY PINE CR
City,State,ZipCode: APOKA FL 32712
Property Address: 434 E
Facility Name:
Tax District: W1-WINTER SPRINGS
Exemptions:
Dor: 10-VAC GENERAL-COMMERCI
Legal Description: BEG 458.76 FT 5 72 DEG 38 MIN 37 SEC W & 70 FT S 17 DEG 21 MIN 23 SEC E OF
iNT SLY LI CELERY AVE & WLY LI HAYES RD RUN N 17 DEG 21 MIN 23 SEC W TO SLY R/W 5T RD 434 N 72
DEG 38 MIN 37SECE30Fi-S17DEG21MIN23SECETOAPTN72DEG38MIN375ECEOFBEGS72
DEG 38 MIN 37 SEC W TO BEG ENTZMINGER FARMS ADD NO 2 PB 5 PG 9
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DISC'LA1MEtt: This information has been sccurrd from sources we believe to be reliable, but we make no representations or warranties,
exi~ressed or implied, as to the accuracy oC the information. References to acreage, square footage, or age are approximate. Buyer must
verify the information and bears sil risks for any inaccurar'es.
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ATTACHMENT D
Engineering Review Comments
Project: Hayes Road Plaza
Submittal: Traffic Impact Analysis -Update
Meeting Date: N/A
Comments by: Brian Fields, P.E.
City Engineer
January 14, 2009
Comments on traffic impact analysis dated December 2008:
1. Page 1. The updated Traffic Impact Analysis does not accurately reflect the proposed
development, which as the City understands consists of one 16,885 square foot building divided
into a 13,488 square foot retail space and a 3,397 square foot convenience store space. Please
confirm the development plan and revise the study accordingly. Even if the impacted roads and
intersections have adequate capacity for a slightly larger development, the City will only vest the
trips that are expected as part of the approved final engineering plans.
2. Page 3. Under "Traffic Generation," please state that the average daily traffic will be evaluated in
addition to the PM peak hour.
Page 3. The first paragraph under "Pass-by Trips" is repeated. Please revise.
4. Page 3 /Table 1. The pass-by trip percentage for the retail center is shown as 47% on Page 3,
but was held at 34% in Table 1 (matching the previous analysis). Please review and revise and
provide the applicable pages from the ITE Handbook supporting the pass-by rates.
5. Table 1. Provide a basis for using 85% of the PM pass-by rate for the daily and AM rates.
6. Tables 2, 3, and 4. Provide a separate LOS analysis for average daily traffic on all impacted
roadway segments, in addition to the peak hour analysis.
7. Page 15. Provide an analysis of the available left-turn stacking at SR 434 westbound at Hayes
and Hayes northbound at SR 434.
8. Page 16. The Seminole County Travel Time and Delay studies are not relevant to the evaluation
of expected travel speeds at the project entrances. Use the posted speed limit of 45 mph and
refer to City Code Section 9-206 for the applicable criteria used by the City.
Please resubmit three copies of the revised report with written responses to all comments.
If there are any questions, please contact Brian Fields at 407-327-7597 or by a-mail at
bfields(c~wintersprinpsfl.org.
Hayes Road Plaza Traffic Study Update (1-14-09)
Page 1 of 1
ELEVEo
1/14/2009
ATTACHMENT E
Mr. Randy Stevenson
Community Development Director
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
RE: Franchise Agreement with 7-Eleven, Inc. -Site 1020917
Dear Mr. Stevenson:
Please accept this letter as verification that Mr. Kamil Gowni has entered into an
agreement with 7-Eleven, Inc. to operate a franchise store located on his property at the
corner of SR 434 and Hayes Road in Winter Springs, Florida. This franchise is part of 7-
Eleven, Inc.'s Business Conversion Program whereby Mr. Gowni develops and maintains
ownership of his property; while franchising the convenience store portion utilizing 7-
Eleven, Inc.'s trademark and state of the art business system.
The franchise agreement is specific to 24 hours of daily operation and maintains a
consistent level of expectation found company wide on a local and national basis.
If you have any questions regarding the above, please feel free to call me at anytime.
Sincerely,
~, v~
Mimi Vaughn
Sr. Real Estate Representative
7-Eleven, Inc.
1300 Lee Road
Orlando, FL 32810
386-316-0244 cell
cc: K. Gowni
B. Myrick
Florida Division / 1300 Lee Rd /Orlando, Florida 32810
ATTACHMENT F
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED 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 And 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
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING -JANUARY 15, 2009
PAGE 2 OF 2
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. Kamil 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, IS La Vista Circle, Winter 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 26t" 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,
"Oka "
Y•
Mr. Gowni further addressed the Board Members regarding this Request.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING -JANUARY 15, 2009
PAGE 3 OF 3
Mr. Myrick then said to the Board Members again on the wall and 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. Gowni 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 1/Side B
"I MAKE A MOTION TO APPROVE THE CONDITIONAL USE REQUEST BY
MR. MYRICK TO ALLOW ATWENTY-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, "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 GASMAN: 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 GASMAN. SECONDED BY BOARD MEMBER
COLLINS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED 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.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the , 2009 Regular Board of Adjustment Meeting.