HomeMy WebLinkAbout2001 06 07 Regular Item A
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June 7, 2001
BOA Agenda Item A
Page 1
BOARD OF ADJUSTMENT
AGENDA ITEM A
June 7. 2001
Meeting
REQUEST: Community Development Department presents to the Board of Adjustment the
request for a conditional use approval, pursuant to Section 20-234 of the Zoning
Chapter.
PURPOSE: The purpose of this agenda item is to consider a request of the applicant to allow
multiple-family residential units as a conditional use in the C-l (Neighborhood
Commercial) zoning district. The issue for consideration is the use, in this zoning
district, at this site - not specific site plan issues.
APPLICABLE CODE:
Sec. 20-234. Conditional Uses.
(a) Multiple-family residential units may be permitted as a conditional use as
provided by the board of adjustment.
(b) Before a conditional use may be granted within the classification, the board of
adjustment must, after public hearings, find that the use or uses are consistent
with the general zoning and with the public interest.
Sec. 20-82. Duties and powers, general.
The board of adjustment shall make recommendations to the city commission to
grant any variance or special [or conditional use] exception as delineated in this
chapter.
(1) The board of adjustment shall have the additional following specific powers
and duties:
a.
b. To hear and make recommendations to the city commission on special
exceptions as authorized under the terms of the city's zoning ordinances;
to make recommendations to the city commission on such questions as are
involved involved in determining when special exceptions [or conditional
uses] with appropriate conditions and safeguards, or to recommend denial
of special exceptions [or conditional uses] when not in harmony with the
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June 7, 2001
BOA Agenda Item A
Page 2
purpose and intent of the zoning regulations. In granting any special
exception [or conditional use] with appropriate conditions and safeguards,
violation of such conditions and safeguards, when made a part of the terms
under which the special exception is granted, shall be deemed a violation
of this chapter. The board of adjustment may recommend a reasonable
time limit within which the action for which the special exception is
required shall be begun or completed, or both. The board of adjustment
may recommend the granting of special exceptions where the applicant is
seeking a minor deviation from zoning requirements so long as the
granting of such special exception does not cause a change of character in
the neighborhood, does not constitute a rezoning of the property in
question or does not create a hardship for any of the adjacent property.
The board of adjustment may also recommend the granting of special
exceptions within C-l neighborhood commercial districts when the
applicant has not sought a use listed in section 20-232, when the use
sought will not cause an undue hardship to the area of the city, will not
create a hazard or threat to the health, safety and welfare of the
community, will generally comply with the character of the neighborhood
and when the use is in harmony with the intent of the zoning ordinances of
the city.
Sec. 20-83. Procedures.
(a) Upon receipt, in proper form and with appropriate fees, an application for a
variance, special exception or conditional use as delineated in this chapter, the
board of adjustment shall schedule such application for consideration at a public
meeting.
(b) All such applications will be process within sixty (60) days of receipt of
same.
(c) All meetings for consideration of a variance, special exception or conditional
use shall be noticed for at least seven (7) days prior to the date of the meeting in
the following manner:
(1) Posting the affected property with a notice of the meeting which
indicates the matter to be considered.
(2) Posting in city hall a notice of the meeting which indicates the
'property affected and the matter to be discussed.
(3) At least seven (7) days prior to the meeting, the board of adjustment
shall also notify all owners of property adjacent to or within one hundred
fifty (150) feet of the property to be affected of the time, date and place of
the meeting. Such letter must also indicate the variance, special exception,
or conditional use requested, and must require proof of delivery.
June 7, 2001
BOA Agenda Item A
Page 3
(d) All interested persons shall be entitled to be heard as such meetings or to be
heard by written statement submitted at or prior to such meeting.
(e) In the event a special exception, variance or conditional use is not authorized
by ordinances of the city, the person requesting the unauthorized action must
submit an application pursuant to section 20-28.
(f) Appeals to the board of adjustment may be taken by any person aggrieved or
by any officer, board or bureau of the city affected by any decision of an
administrative official under the zoning regulations. Such appeals shall be taken
within thirty (30) days after such decision is made by filing with the officer from
whom the appeal is taken and with the board of adjustment, a notice of appeal
specifying the grounds thereof. The appeal shall be in such form as prescribed by
the rules ofthe board. The administrative official from whom the appeal is taken
shall, upon notification of the filing of the appeal, forthwith transmit to the board
of adjustment all the documents, plans, papers or other material constituting the
record upon which the action appealed from was taken.
(g) The board of adjustment shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to the parties in interest,
and make recommendations to the city commission for the appeal within a
reasonable time. Upon the hearing, any party may appear in person or by agent or
by attorney. For procedural purposes, an application for a special exception shall
be handled by the board of adjustment the same as for appeals.
(h) Any variance, special exception or conditional use which may be granted by
the council shall expire six (6) months after the effective date of such action by
the city commission, unless a building permit based upon and incorporating the
variance, special exception or conditional use is obtained within the aforesaid six-
month period. However, the city commission may renew such variance, special
exception or conditional use for one (1) additional period of six( 6) months,
provided good cause is shown and the application for extension shall be filed with
the board at least thirty (30) days prior to the expiration of the six-month period.
Any renewal may be granted without public hearing, however, a reapplication fee
may be charged in an amount not to exceed the amount of the original application
fee. It is intended that provisions contained within this subsection are to be
retroactive to the extent that any variance, special exception or conditional use
previously granted shall become void if a period oftime in excess of twelve (12)
months shall have lapsed, and a building permit based upon and incorporating
the variance, special exceptions or conditional uses has not been issued prior to
expiration of such time limit.
CHRONOLOGY:
June 7, 2001
BOA Agenda Item A
Page 4
May 4, 2001 - Conditional Use application and fee received by City
June 5, 2001 - Development Review Committee review
FINDINGS: The Development Review Committee, at its June 5, 2001, meeting, found the
concept of townhouses at Wagner's Curve to be consistent with the general
zoning and with the public interest. This finding does not address specific site-
plan issues. Those are addressed in during the site plan review process. This
finding does not address the proposed commercial development, depicted toward
the southern end of the 16.64 acre overall "parent" tract.
RECOMMENDATION:
That the Board of Adjustment consider the findings of the Development Review
Committee and recommend the City Commission approve the conditional use.
ATTACHMENTS:
A - Legal Description
B - Concept Plan
C - Conditional Use Application
o - DRC Minutes
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Springs Land
Legal Description
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Lots 18, 19, and the East 219 teet of lot 20, south of the new S.R.434, Block 0,
DR Mitchells Survey of the Levy Grant Plat Book 1, Page 5.
And also
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Lot 20 South of the new S.R. 434 (less the East 219 feet)~lock 0,0 R Mitchells
survey of the levy Grant, Plat book 1, Page 5. -
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nu,.u:.t1. ;;,C't1.U'v::;, t'L ..5L"lUe-r/99
(407)327-1800
FOR:
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SPECIAL EXCEPTION
VARIANCE
.CONDITIONAL USE -.
ADMINISTRATIVE DECISION
1. APPLICANT: p~tr ~S/6rjJ 6Ie.(;uIJ /LIt' .PHo.NE 7'10' 737~
ADDRESS: ~I /ll, #fJR.<E 'fIJ/D ~/7.1S / l~)!1JT&,- flit'r.. fL ?;:.7p,q
2 PURPOSE OF REQUEST: 1);fFjf)P 111/'7/ -'h4'diJo/ eF:~","}1=/~-r:i~/_ /JAJ Il mtr,;7;'CU".//lc
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3. ATTACH A COpy OF THE PARCEL SURVEY.
4. ATTACH AN'll X 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5. ATTACH LEGAL' DESCRIPTION.
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6. TAX PARCEL IDENTIFICATION NUMBER: .3~.....-. ZOJ-36 -.O~-OI.~OI'LOZO
7. LOCATION OF PARCEL .(Street Address and/or Nearest Cross
Streets):. "5.~:.4'&4,: WEt:.""?F-o-.e: ~~ToF'Flc;:.E
8. PRESENT ZONING: ~-I
FUTURE LAND USE:~ MJ~E.D "U~j:..
By Signing below. I understand that City of Winter Springs Officials
may enter upon my property to inspect that portion. as relates to
this application.
(If the applicant is not the owner of the subject property, the
applicant must attach a letter ot authorization signed by the
owner) .
A ..T LEc~DtVYl
OWNER -.-PnEASE. iYPE
OW.NER-SlGNATURE .
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY DECISIONS
HADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY ~ILL 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
BASED, PER SECTION 286.0105, FLORIDA STATUTES
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SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally aggrieved by
any decision of the Board of Adjustment may, within thirty (30)
days after the filing of any decision in the office of the Board of
Adjustment, but not thereafter, apply to the City Council for
administrative relief. After a hearing before the City Council an
aggrieved party may, within thirty (30) days after the rlp~;~;nn nf
. . .
APPLICATION INSTRUCTIONS
A Staff Report will be developed for each Application. The
Applicant should be prepared to address each of the issues provided
below for Variance requests. The application must be submitted in
typewritten format.
In order to grant a variance, the.Board of Adjustment must make the
following findings of fact:
1. That special conditions and circumstances exist which are
oeculiar to the land, structures or buildinQs "involved and
which are not applicable to other lands, structures or
buildinQs in the same zoninQ district.
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2, That special conditions and circumstances do not result
from the actions of the applicant.
3. That qrantinq the variance requested will not confer on.
the applicant any special privileQe that is denied by this
chapter to other lands, buildinqs or structures in the same
zoninq district.
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4. That literal interpretation of the provisions of this
chaoter would deprive the applicant of riqhts commonly enioyed
by other properties in the same zoninQ district under the
terms of this chapter and would work unnecessary hardship on
the app 1 i can t . . ....
5. That the variance qranted is the minimum variance that
~g 1 ~tr.e10~s~~l,~.t.bt r.e?-s~~~bl e use of the 1 and. bui 1 dinQ or
s uc r e';' . .
6. That the qrant of:'=~b:er"ai-irrl~6e::~finlb~1-'IJ:'1ia~~6~'Y"~~i't'li the
Qenera'l intent and purpose of this chapter, wi 11 not be
in iurious to the neiqhborhood, or otherwise detrimental to the
pul:).];d.:'c: ,we3>t'a!r'e .
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7. The request must be consistent wi th the obiectives and
policies of the Comprehensive Plan.
THE APPLICANT IS RESPONSIBLE FOR PROVIDING THE CITY WIT~.~HE~N~E$ ;.
AND ADDRESSES OF EACH PROPERTY OWNER 'WITHIN 150 FT~" 'or..l'EACir- .
PROPERTY LINE BY THE SCHEDULED TIME. . .
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THE APPLICANT IS RESPONSIBLE TO POST THE BLUE NOTICE CARDON THE I
SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF ADJUSTMENT MEETING .,~~
AT WHICH THE MATTER WILL BE CONSIDERED: SAID NOTICE SHALL NOT BE'J'
POSTPn WTTHTN TH~ ~TTV PT~UTQ_n~_Wnv
DEVELOPMENT REVIEW COMMITTEE
JUNE 5, 2001
Minutes
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Community Development Director Charles Carrington called the Development Review
Committee (DRC) meeting of June 5, 2001, to order at approxiimately 9:30 A.M.
I. Manny Garcia's request to partially relocate a 30' wide ingress/egress & utility
easement from its present location on Tuscawilla Unit 5 to The Oaks Unit 1, Tract "A. n
Present, on behalf of the City, were Charles Carrington, John Baker, Glenn Tolleson,
Chuck Pula, Kim Hall, Kip Lockcuff, Jimette Cook, Tim Lallathin, and Dennis Franklin.
Present, on behalf of the applicant, were Thomas Ross (attorney) and John Sikes (P.E.)
Current Planning Coordinator John Baker addressed issues relating to final subdivision
plats, stating that he and the City Attorney had discussed the easement and determined
that vacating and replatting the two (2) subdivisions may be necessary. The City
Attorney will research whether or not alternatives to vacating and replatting exist. Other
issues included determining the use designated for Tract "A, n letters of approval from all
affected utilities, demonstrating fee simple ownership of Lot 4 of Tuscawilla Unit 5 and
Tract "An of Oak Forest Unit 1, demonstrating that the relocation will not adversely affect
ownership or convenient access of other persons owning parts of the subdivision,
documentation of topography, listed plant and/or animal species, wetlands, floodplain,
the existing 50' wide drainage easement, the status of the existing ingress/egress and
utility easement, and the relationship of the status of this existing easement to the
proposed location in terms of abandonment, demolition, and relocation.
The owner's representatives stated that Mr. Garcia owns Lot 4 of Tuscawilla Tract 5 as
well as Tract "An of Oak Forest Unit 1. They will have a listed species study, tree survey,
and will initiate applicable permitting to cross the wetlands associated with the drainage
easement. The existing crossing has two (2) elliptical pipes. The existing easement is
paved and has water and power lines. The water is proposed to remain, but they are
considering moving the power. The power company will do this if they are paid for the
relocation. The paving will be demolished and removed from the portions of the access-
way that will be reloCated.
Pubic Works/Utility Director Kip Lockcuff stated that there.is an existing water line that
may encroach onto Mr. Garcia's property. The City needs an approximately 15' wide
easement over this line. The City will be upgrading this water line. The applicant needs
to coordinate with the Public Works Department, so that the new access improvements
are not subsequently disrupted by work on the upgraded water line. He noted that
Florida Power Corporation is the power-provider.
Code Enforcement Manager Jimette Cook stated that a tree survey will be required for
the affected area and that trees of greater than four (4) inch caliper must either be
replaced on-site or mitigated through contribution to the City's tree bank. She noted that
soil compaction could damage or kill nearby trees that are not slated for removal.
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Stormwater Utility Manager Kimberly Hall reiterated the need to know the purpose of
Tract" A. n
The applicant's representatives, John Sikes and Tom Ross, stated that the uses of Tract
"An probably were addressed in the title work when Mr. Garcia purchased the tract. If so,
they will provide that information to the City. Mr. Garcia had gone door to door, and had
received at least verbal approval from all but one owner, who stated that Mr. Garcia
would have to buy his property to get his approval.
Fire Chief Tim Lallathin and Mr. Lockcuff discussed the turning radii and other
dimensional requirements with Mr. Sikes.
Mr. Carrington stated that as soon as Mr. Baker receives word from the City Attorney,
stating whether or not there is a simpler alternative to vacating and re-platting, then we
will advise the applicant and his representatives. The Community Development
Department will provide the applicant and his representatives with a list of items that
must be provided for this to be reviewed further by DRC and then heard by the City
Commission.
II. Thomas Daly's request for Conditional Use approval to allow Townhouses (multi-
family development) in the C-1 zoning district.
Present, on behalf of the City, were Charles Carrington, John Baker, Glenn Tolleson,
Chuck Pula, Kim Hall, Kip Lockcuff, Jimette Cook, Tim Lallathin, and Dennis Franklin.
Present, on behalf of the applicant, was Thomas Daly.
Current Planning Coordinator John Baker stated that multi-family development requires
a conditional use in the C-1 zoning district. The Code requires that review for a
conditional use find that the use or uses be consistent with the general zoning and with
the public interest. The Code does not specify criteria for determining consistency with
the public interest.
Public Works/utility Director Kip Lockcuff stated.that a signal is being planned for the
eastern entrance, but is not designed to accommodate this project. Therefore the
applicant must pay a fair share to ensure the signal will accommodate the proposed
development. Utility provision is to be underground.
Parks and Recreation Director Chuck Pula discussed concurrency and the need for
active sports fields/facilities.
Police Chief Dan Kerr addressed his site-plan-related access concerns.
Stormwater Utility Manager Kimberly Hall addressed her site-plan-related wetland and
wetland buffer concerns.
Code Enforcement Manager Jimette Cook stated that she had no problem with the
concept, but that the site plan would need to adhere to the SR 434 design standards,
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adequately buffer from the adjacent C-2 property, and meet the City's tree protection
and replacement requirements.
Fire Chief Tim Lallathin stated that attached townhouses must be sprinkled and that no
on-site burning is allowed.
Building Official Dennis Franklin stated that a new building code will go into effect on
January 1, 2002. A complete building permit application package received at or before
December 3, 2001, may be reviewed under the present building code.
It was the consensus of the Development Review Committee that the concept of
townhouses at Wagner's Corner in the C-1 zoning district was consistent with the
general zoning and with the public interest.
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