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HomeMy WebLinkAbout2004 06 03 Public Hearings Item A ~; BOARD OF ADJUSTMENT AGENDA ITEM A Consent Informational Public Hearing X Regular June 3. 2004 Meeting Mgr. / Dept Authorization REQUEST: The Community Development Department presents to the Board of Adjustment (BOA) a request for a conditional use to allow multiple family dwellings in the C-l (Neighborhood Commercial) zoning district, pursuant to Section 20-234 of the Zoning Chapter of the City Code of Ordinances. PURPOSE: The purposeofthis agenda item is to consider a request by CPR Engineers, on behalf of Morrison Homes, the applicant, to allow multiple-family residential units as a conditional use in the C-l (Neighborhood Commercial) zoning district. The subject property is on the north side of SR 434, generally west of Sheoah Boulevard, Obetween the Winter Springs Golf Course and the Golf Terrace Apartments. APPLICABLE CODE: Sec. 20-234. Conditional Uses. (a) Multiple-fatnily 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. 1J June 3, 2004 Public Hearing Item A Page 2 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: 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 purpose and intent of the zoning regulations. In grantirig 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 adj acent 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 ofthe 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. , June 3, 2004 Public Hearing Item A Page 3 (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. (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 ac;tion 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 ~. June 3, 2004 Public Hearing Item A Page 4 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 ofsix(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 of time 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. CONSIDERATIONS: The site was included as part of the Highlands, Section 3 (Plat Book 17, Pages 48 and 49, 1972). The approximately 15 acre site is depicted as a separate parcel by the Seminole County Property Appraiser's office. A final subdivision plat to properly create this lot may be required before a site plan may be approved. The site has C-l zoning and a Commercial Future Land Use (FLU) designation. No maximum density is provided in the Comprehensive Plan for property with a Commercial FLU designation. The applicant proposes 99 townhouse units on 15 gross acres (total site, including both uplands and wetlands; the Comprehensive Plan sets forth density for the residential designations per gross acre) - a density of 6.6 dwelling units per acre. This proposed density is consistent with that of a Medium Density Residential Future Land Use designation (3.6 - 9.0 dwelling units per acre). For comparison, the adjacent Golf Terrace Apartments site has a High Density Residential FLU designation, which allows 9.1 to 21 dwelling units per acre. The treed site abuts properties with recreational, multifamily, vacant, and commercial properties. To the north is the golf course, to the east is the golf course country club/restaurant site, to the west are Fountaintree Drive and the Golf Terrace Apartments, and to the south, on the opposite side of SR 434, is an area outside of the City boundaries. There is an approximately 1 acre triangular shaped parcel (the Casselberrys' property) that is located on the north side of SR 434 and abuts this site but is not a part of the City. Another applicant (Davis Heritage) requested a conditional use to construct apartments on this parcel in 2003. A controversy over affordable housing and City financial involvement led to the applicant withdrawing the application. In contrast, this is a townhouse development, where the property is subdivided and individual sites are owned. Staff would not object to condominiums at this same site (town-homes require subdivision since the land is subdivided, but condominiums require a site plan since, although the units are individually owned, the land remains in common ownership and is not subdivided). ~ June 3, 2004 Public Hearing Item A Page 5 A concept subdivision plan is provided for this review. Conditional use approval does not convey any subdivision approval and does not vest the applicant for anything depicted on the plans that may be inconsistent with City regulations (although staff did a brief review of the plan and found it generally consistent with Code). A full subdivision plan submittal and review is required before any site work may begin. Additionally, the City adopted Ordinance No. 2003-43 in January, which requires an applicant to demonstrate that the development meets the City's aesthetic review standards. No building permit may be issued for the site without this approval. Further, any subdivision requires a final subdivision plat, consistent with Chapter 177, Florida Statutes and Chapter 9 of the City Code of Ordinances, before a building permit may be issued. CHRONOLOGY: May 3, 2004- Conditional Use application and fee received by City FINDINGS: 1. The site has a C-l zoning and a Commercial Future Land Use (FLU) designation. 2.Stafffinds the concept of multi-family development within the C-l zoning district, at this location, to be consistent with the general zoning and with the public interest. This finding did not address specific site-plan issues. Those issues will be addressed during the site-plan review process. 3. The Comprehensive Plan does not specify a maximum density for residential development within property with a Commercial FLU designation ( the applicant proposes a moderate residential density). ATTACHMENTS: A - Authorization B - Conditional Use Application C - Concept Design ST AFF RECOMMENDATION: Staff recommends that the BOA recommend approval of the conditional use to allow multi-family development, at a density of 6.6 dwelling units per gross acre, in the C-l (Neighborhood Commercial) zoning district at this approximately 15 acre site, pursuant to Section 20-83 and Section 20-234 of the Zoning Chapter of the City Code of Ordinances. BOARD OF ADJUSTMENT ACTION: '7 ATTACHMENT A LETTER OF AUTHORIZATION As authorized agent for the real property more particularly described below and made a part thereof, I authorize CPH Engineers, Inc., its designated representatives, designated consultants and counsel to submit any and all applications related to the conditional use permit for the property described below. Parcel J.D.: 33-20-30-515-0102-0000 ~ tor Morrison Homes, Inc. STATE OF FLORIDA COUNTY OF O~L I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by ~~ ~-(( "J who is personally kno~ to me or who has produced identification. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ~Q...t)_ 2004. e.. . , ..'KATIEF:Tlr(OMpS()~j.' .,.. '.' , " ~ Cclmll\. EilIi. lW15105 ., . . . No. DD-.044023 .-- I(nown )'~ Otl!ef 1.0. . "" ....~ .. ~. ~. , ATTACHMENT B . . .BOARD OF ADJUSTMENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST STATE ROAD 434 WINTER'SPRINGS, FL .32708-2799 (407)327-1800 //J 7 )1!1J '1 /)7J FOR: x SPECIAL EXCEPTI~N VARIANCE 'CONDITIONAL USE \ \ ADMINISTRATIVE DECIS10~ APPLICANT: CPH ENGINEERS,. INC./JAVIER E:;, O~p~NQ~E ADDRE S S : 111'7. E. ROBI~SON ST., O~LANDq,.. FL 32801 CONDITIONAL USE TO ALLOW FOR "RES I [)EN.TIAL 2 PURPOSE OF REQUEST:. . USE PER SECTI~ 20-234 OF THE CITY OF WINTER ~PR~NG~ CUDE 'OF ORDINANCES. 1. 4 0 7- 4 2 5 - 0 4 5 2 . 3. ATTACH A COPX OF THE PARCEL SURVEY. 4. ATTACH AN 11 x.17 HAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. S. ATTACH LEGAL'DESCRIPTION. 6. TAX PARCEL IDENTIFICATION NUMBER: '33-20-30'~515-0I02':"OOOO . . 7.. LOCATION .OF PARCEL (street Addres.s. al1d/or .:Nearest Cross Streets): SR 434/FOUNTAINTREE DRIVE' 8. PRESENT ZONING: C-1. FUT~RE ,LANb USE: 'COMMERCIAL By Signing below' I understand that City of Winter Springs Officials may en~er upon my property. to inspect that porti on. as. r e 1 at es to this application~ (If the applicant. is not the' owner of the subject property I the applicant must' attach a letter of authorization signed by the owner) , J VIER E. , ; " . PERSbNS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, bECISIONS HADE AT THESE MEETINd8/H~ARINGS, THEY WItL NEED A,RECORb OF THE PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL. 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