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Home My WebLink About2009 01 15 Public Hearings 500 Request A Conditional Use To Allow a 24 hour Convenience StoreBOARD OF ADJUSTMENT AGENDA ITEM 500 January 15, 2009 Meeting Consent Informational Public Hearing X Regular Mgr. /Dept Authorization REQUEST: The 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 corner of SR 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 from 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, 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"). January I5, 2009 Public Hearing Item500 Page 2 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 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 ready for a building permit to be issued. 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. of 24-hour convenience store without gas pumps, plus a 16,885 S.F. retail building. The City Engineer has conducted a preliminary review of the analysis, which appears to be satisfactory. Amore comprehensive review and determination will be completed and the results will be provided at the BOA meeting. 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 appears to demonstrate 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). Amore comprehensive review will be completed and a determination of the ability of the site to accommodate the convenience store (in terms of traffic volume and movements) will be provided at the BOA meeting. 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, January 15, 2009 Public Hearing Item500 Page 3 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 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. (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 has being revised to account for the 24-hour convenience store and a determination will be made by the City Engineer as to whether the site is acceptable for the proposed use. (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. RECOMMENDATION: Staff recommends that the BOA 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 review of the traffic analysis and any associated recommendations. ATTACHMENTS: A -Location Map January 15, 2009 Public Hearing Item500 Page 4 B -Application Package C' -Approved Site Plan Geometry Plan BOARD OF ADJUSTMENT ACTION: ATTACHMENTA Source: SJRWMD, Seminole County GIS Data, June 2005 0 85 170 340 Feet N ~~~r~~~ ATTAC H M E N T B DEC t 92008 CITY O F WINTER S P R I N~~itL'np~ phyf,sfNGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 v1C~u~,25~. BOARD OF ADJUSTMENT APPLICATION j~L CONDITIONAL USE /SPECIAL EXCEPTION ^ VARIANCE ^ WAIVER APPLICANT: M .~ r i~ K Q r V e..~. ~.. . Las First Middle MAILING ADDRESS: city state z~P code PHONE ~t EMAIL ~ ~R - rS 2 ~ - ~ t ~ ~ ~, r a] L t Cd1 ~ ~' ~ t J . C.O rM If Applicant does NOT own the property: PROPERTY OWNER: L's o c._a ~... `0C a.~Nl ~ ` ~. Last First Middle MAILING ADDRESS: ~3~1'$ ~ ot`t~, Pi+n..e. C.: r c.•~z A ~~,~ a.. F L ~~*~ l2 a state zip coae PHONEBcEMAIL yOR•NL~•Sr5~SC7 This request is for the real property described below: PROPERTY ADDRESS: rl O ~ S' (Z. ~3V TAX PARCEL NLJMBER:3~• 2.o-3D• S ~L~ • 0~00.03b~ 4 3~ • 10.30.5 ~lw~ • 0000 ONt L SIZE OF PARCEL: a~S ,'432 sw Sr ~ . 2.2 d ~. ~.. tt Square Feet Acres EXISTING LAND USE: ~ ~.c.~i~~ ~ 4 ~-~ ~ O~~ ~~ ~ t~ ~e.r e' c~ra~~ l~~p ~~.~'+ar Ctttrent FUTURE LAND USE Classification: GOMMtr~l Ctttrent ZONING Classification: C. ~'1. Please state YOUR REQUEST: ~\~sru~ d. e. ~+..~:~t tsa.dt U e e. ~r ese~ c~. e~~+.Vt~+ e~ `t ~~'or s . ~ aoos •!11~4d - dun3!w~ad 8°JNIMdA H31NLV~ ~p /.1!O ~b~~30 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) o~ .-.~ ~ -~•{' ~ ~' c~ 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 requved by law, including the right to receive notice, be heard, present evidence, cross- examine witnesses, and be reprecatted by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, oondidonal 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 forn~al decisions shall be based on competem substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they docile 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 prooeedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimorry and evidence upon which the appeal is to be based, per 2E6.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER 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 incorpot~-ting 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 aforect-trttioaod building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired aad null 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. A copy of the LEGAL DESCRIPTION reflecting the property boundaries. t~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. JUSTIFICATION for the Request (See Attached List) B~/NAMES and ADDRESSES of each property owner within 150 ft. of each property line. l~7' Notarized AUTHORIZATION of the Owner, / IF the Applicant is other than the Owner or Attorney for the Owner (see below). C3' APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurt+ad for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be rrequired in connection with the review, inspection or approval of arty 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 $ S00 VARIANCE $ 500 TOTAL DUE S Cow i~ zoos OTC 10 200a CITY OP 1MNre1t BMftiNGB Partniitinp - Nnyu~s 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. sssssssssssssssssss*sssssss*ssssssssss*sssssssssss*sssssssssstsssssssssssssss*ssssssss FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fce simple of subject lands described within this Application for Board of Adjustment consideration: Signature of Owner Sworn to and subscribed before me this day of Personally Known Produced Identification: CI'YPe) Did take an Oath Did Not take and Oath ssssrssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss*ssssssss*ss*ssrs FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: `G.CL . ~igna~uie of vwnc-Rs~ Sworn to and su ribed b fore me this ~_ day of 20Q~,. ~_ Personally Known Produced ID: (Type) ~ tary Publi y Commisst n ea ires~ _~~ Dtd take an Oath xxxllxxlxpUxllNlxxNU1p11xIRIlUlU11N111UI1N~ Did Not take and Oath ~NFEttyypAGRAfF = dolr>f ti~llc - 81ate of flotide sssss«sssssssssssssssssssssssss•*sss*sssrssssssss ~ s>~~ib11E~~'O~I~r~s s YOllded 91r tieMoaM Nolerl~ Aan. xxxxxxxnllllNlllxlxxlnlanxum 20 Notary Public My Commission expires: ran 2~xls I, ~~ O~. ~ ~ \ ~ . ~ o w ~1. j do hereby, with my notarized signature, allow r' V !. ~ M ~ t ~ ~ K to represatt me in this Application relabod to my property. The 3+1- 20 -'30- SALJ - 0 000.O~t~~ property is identified as: Tax Parcel Number(s) 3N -'LC -~ d• S A~.1- O COO.O3 DO CONDITIONAL USE PERMIT REQUEST ~ ~' ~'"' ~,~~~ ~r Taken from Winter Springs Code of Orclinances, Section 20-33(d): All Conditional Use recommendations and final decisions shall be based on the dE~ i ~ ~ following criteria to the extent applicable. Attach additional paper as necessary: C1TY Op WINrgR SpaINGS Permitting _ 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 zoned commercial. This store will be an end cap of a brand new retail strip center which will be a substantial enhancement to the area "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 cumently designated as commercial use in a newly designed strip center. Because the center has just been approved by Wirrter 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 parlung, and other similar site plan improvements needed to mrtiigate 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 wnstruction under the most current codes. The new codes require a higher sland~d of protection for 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: I .Across access entrance from the commercial property to the immediate west, 2. An entrance directly off of SR 434, and 3. An errdsnce off of Hayes Rd accessing the traffic signal sit 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 internal traffic flow appropriate for mail traffic In the review process for the retail strip center, all of the design amenities such as screening, landscaping. open spacx, off-street parking, and storm water were included. Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values? If no, OEC 1 q 2008 why not? CITY OF~rI N~'feR SPRINGS There will be a positive impact on the local economy. This store and the retail strip center will contribute a sPgta~oanPnrws 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. Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, nozious 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 flood 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 toss 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 substatrtially enhanced by this development. Will the proposed use 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? If no, why not? Public services should be enhanced by this usage. There will be a significant contribution to public services through impact fees and a substantial increase to the tax base througfi this development. Will the proposed use have an adverse impact on housing and social conditions, including a variety of bossing unit 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 residential in nature and does have an impact of the current stock of residential properties. LEGAL DESCRIPTION DEC t ~ 2~8 CITY dH VVIWrC~ ~p~INGS Permitting . Phyllis GENERAL Parcel la: 34-2aso-sAw-oooo-0300 Owner: PHELOPATEER LLC Mailing Address: 1348 VALLEY PINE CIR City,State,ZJpCode: APOPKA FL 32712 Property Address: 701434 SR E WINTER SPRINGS 32708 Facility Name: Tax District: W1-WINTER SPRINGS Exemptions: Dor: 10-VAC GENERAL-COMMERCI Legal Desuiption: PT OF LOTS 30 & 51 & VACD ST BET BEG 25 FT N & 50 FT W OF NE COR LOT 51 RUN S72DEG38MIN37SECW437.1FTN17DEG21MIN33SECW190.SFTN72DEG38MIN375ECE 493.41 FT S 198.65 FT TO BEG (LESS RD) ENTZMINGER FARMS ADD NO 2 PB 5 PG 9 GENERAL Parcel Id: 34-ZO-30-5AW-0000-048E Owner. PHELOPATEER LLC Maiiiog Address: 1348 VALLEY PINE CR CIty,State,ZipCode: APOKA FL 32712 PropeRy Address: 434 E Facility Name: Tax District: W1-WINTER SPRINGS Exemptions: Dor. 10-VAC GENERAL-COMMERCI Legal Description: BEG 458.76 FT S 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 ST RD 434 N 72 DEG 38 MIN 37SECE30FTS17DEG21MIN23SECETOAPTN72DEG38MIN37SECEOFBEGS72 DEG 38 MIN 37 SEC W TO BEG ENTZMINGER FARMS ADD NO 2 PB 5 PG 9 " :,~ Mr .. x*y ~-..~r CCC t q ZQ08 CITY t7r w~N7e!rt !lPr1,~,rS 'tRAFF1C FLOWS FROM SUBJECT PROPERTY ~ Fr~r~n,~c~ ~ ~ ~-;~, ."~ _. - .. DISCLAIMER: "Phis information bas been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information. References to acreage, square footage, or age are approximate. Buyer must verify the information and bears all risL•s for any inaccuracic,. 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C 6uorEA UB[f :faPxr° ,~l1 w.r. ~ a~ n:a tx'r..Nn nw ra ,._. ..,,~,nl7C NOY:.'bFni O i, P[ r n;liNr? ~ ~ e ~~~ $. anr.ti I'I yrv aar r,AYES PoAO P(_4'A. _-J SITE GEDMET.RY ANG i S!GN!NG A,NG !vlARK/NG PLAN _- I ~ ar TCOLLINS ~---- { Board Of Adjustment Special Meeting January 15, 2009 Public Hearings 500 The attachment was distributed to the Board Members by Mr. Bruce Myrick, Applicant. '. I / 14/2009 Mr. Randy Stevenson Community Development Director City of Winter Springs 1126 Fast SR 434 Winter Springs, FI, 32708 RE: Franchise Agreement with 7-Eleven, Inc. -Site 1020917 Uear 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, ~. vim. Mimi Vaughn Sr. Real Estate Representative 7-Eleven, Inc. 1300 Lee Road Orlando, FL 32810 386-316-0244 cell cc: K. Gowni B. Myrick I~l~~ii~la I)i~~i,icm i 13uU Lcc Rd / (lrl,ui~iu, Plund.i ~??ilu Board Of Adjustment Special Meeting January 15, 2009 Public Hearings 500 The attachment was distributed to the Board Members by Mr. John Baker, Senior Planner, Community Development Department. 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. 3. 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 e-mail at t~fit?.I_~s.~a7,wi_ntE?rs~rin_gsfl.; erg. Hayes Road Plaza Traffic Study Update (1-14-09) Page 1 of 1