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HomeMy WebLinkAbout2008 10 27 Public Hearings 504 Request For Waiver 135 Excelsior ParkwayCITY COMMISSION AGENDA ITEM 504 October 27, 2008 Meeting CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR MGR. /DEPT Authorization REQUEST: The Community Development Department requests that the City Commission hear the request for a waiver from the 25 foot front yard setback set forth in Section 20-211 of the City Code, pursuant to the waiver criteria and procedure detailed in Section 20-34, to allow a daycare center to be constructed at 135 Excelsior Parkway, within 15 feet of the private right- of-way (ROW). PURPOSE: The purpose of this agenda item is to consider a waiver request by Renae Hamilton from the 25 foot minimum front yard building setback along the private Excelsior Parkway ROW, to make the small irregularly shaped site more buildable. FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: Medium Density Residential Zoning District: R-3 Multiple Family Dwelling District APPLICABLE CODE: Chapter 163, FS Comprehensive Plan Chapter 9 of City Code Chapter 20 of City Code CHRONOLOGY: January 11, 1990 - Excelsior Business Park plat was recorded with Excelsior Parkway as a private cul-de-sac roadway. July 9, 2007 - Ordinance No. 2007-20 was adopted, allowing day nurseries, kindergartens, and daycare as a conditional use in the R-3 zoning district. February 25, 2008 - Conditional use for daycare was approved for this site. September 19, 2008 - City receives application package from American Civil, on behalf of Renae Hamilton. October 2, 2008 - BOA recommends approval of the waiver request October 27, 2008 Public Hearing Item 504 Page 2 CONSIDERATIONS: When the applicant showed staff a draft site plan for the daycare center during the pre-application conference, it became evident that the 25 foot front and 35 foot rear yard building setbacks set forth in Section 20-211 was impractical and unworkable for a daycare center at the end of this private cul-de-sac roadway and abutting a wet retention pond. Neither the applicant nor staff could determine how to arrange the site to function with these setbacks and still meet the minimum requirements for a daycare center. Staff told the applicant that they believed the waiver provisions of the Code fit this situation and recommended the applicant consider that option. Daycare centers, day nurseries, and kindergartens are conditional uses in the R-3 zoning district. The Commission approved the conditional use for a daycare facility at this location on February 25, 2008. FINDINGS: The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows: 1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Staff finds no conflicts with the comprehensive plan and no conflict with other parts of the zoning code (Chapter 20). 2) The proposed development plan will significantly enhance the real property. Staff believes the plan meets this criterion by providing a locally owned and operated business that will benefit both the neighborhood and the City as a whole. 3) The proposed development plan serves the public health, safety, and welfare. Staff believes the plan does meet this criterion, since the site is at the end of a private cul-de-sac and the site plan for a daycare center must meet applicable state requirements as well as the zoning requirements. 4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. 5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter Staff believes the waiver request is the minimum request that allows the building and site to be developed for this use. October 27, 2008 Public Hearing Item 504 Page 3 6) The proposed development plan is compatible with the surrounding neighborhood. Staff believes the proposed building setback and development plan is compatible with the surrounding neighborhood. BOA ACTION: At its regularly scheduled meeting of October 2, 2008, the BOA voted unanimously to recommend that the Commission approve the front building setback waiver. RECOMMENDATION: The Board of Adjustment and staff recommend approval of the setback waiver request since we believe it does meet all of the 6 criteria for this site. ATTACHMENTS: A - Application package B - Location map C - Draft BOA minutes COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION ? CONDITIONAL USE / SPECIAL EXCEPTION ? VARIANCE X WAIVER APPLICANT: ffi0. M d+Cqr) a en a e. Last D 1 First Middle MAILING ADDRESS: as oX.? L a.c! W 11f PHONE & EMAIL L `1U J J "1 &-1- If Applicant does NOT own the property: PROPERTY OWNER: MAILING ADDRESS: PHONE & EMAIL State Last First Middle City State Zip Code "Or\ This request is for the real property described below: PROPERTY ADDRESS:" x X x ', C x c-e 1 Of P&C TAX PARCEL NUMBER: 5L4 -01()- 3 J - 57.53 -0 0 00 - O oS 0 SIZE OF PARCEL: al. Y ( 0 • L41 0 Square Feet Acres EXISTING LAND USE: \jacanfi Current FUTURE LAND USE Classification: MQA?l kArm c-e(\s H re-S 4 Q,?'tr t % Current ZONING Classification: 2` 3 Please state YOUR REQUEST: , 7 f??q, +I\C. ?vOnt t'7U as '+0 is' - March 2005 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at 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 based, per 286.0105, 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 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 (6) 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 discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and 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. ? 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ? JUSTIFICATION for the Request (See Attached List) ? NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ? Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). ? 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 $ SO Q 2 March 2005 WAIVER REQUEST A waiver request requires the property owner to clearly demonstrate that the applicable term or condition (the subject of the waiver request) clearly creates an illogical, impossible, impractical, or patently unreasonable result [winter springs Code of Ordinances, Section 20-34 (a)). Please explain how your request meets this r quire ent (use a separate sheet if necessary). AA e. si 'tS pfc S ? c.. swool mce. Gr1C1 wi ?. e- T J -e, k-he. cuwtired a?5 t buMaIn< % c, w llow , 6%,L I i+ i n S G.rc'e,.a W O,4 d 4w a "S n, a. l I ?o b %A:1 l; d. ot re oho npa c- 't f- 9, d 6w?t%I, in a In addition to the standard set forth in Section 20-34 (a), a waiver requires compliance with all six (6) criteria enumerated in the Winter Springs Code of Ordinances, Section 20-34 (d). Address each of the following conditions related to the variance request. Attach additional paper as necessary: What is the Waiver you are requesting -r ,. - ?, .._ ? Is the proposed development plan in substantial compliance with Chapter 20 of the ity's Code of OrdinanceA and in compliance with the nyrehensive C,., C • IWO S Plana? P.? ,v?nacs- +-R- c4ft^* M • L? , iZ . low $ uP 41D 't "%ts pec ?`-L- Wiz. ? ? ro n ? r- o..S'? ?? aa-?al ?'? ?3 ? c-v.F--'?'? y i cK.r t,?. s a. S k1-A- ^o Gel (ti c- ? Will the proposed development plan significantly enhance the real property? ?es,c,?..*c.n?Ih kltic. P^oper ', ',5 vs c r t .xva -?. "Posec) use, wit) Sa.rv2 tea. SuJ-ro?nd: area. 4 ec4 n e ly . ? Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs ? ?e5 PA4w-- 2650;4 use. of 4A.4cLm cJZA?r W-%%1 Q-Cav1 din J o, CONTINUED ON NEXT PAGE '? Vin?ir1 -j W,14 .l \n 54'A 4 March 2005 ? Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? ' 1 a-p 'scan r '% (.s?1 ?or ex e,c1 t?.? n 2 PrvP g'r ? cw rar> akyj 'm *,a, 54rm e, 20j%?? ?-,,s KiC-+ . ? Is the waiver request the minimum waiver that will eliminate or r uce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter? 1 Ve_5, 0.n } a ?? 'e-SS w cy?J A ranch ar tom. ? Is the proposed development plan compatible with the surrounding neighborhood? L 1 ??boC ? -Is bad ?p,c?sIT? (CGS1?QJ?r1? e5 4-¢. SVj " "'naA ? ? s s I ac z oW%ca-5 • ti5'IA to + s urn. &-o f &U A1,, Pr- d-ZO d r,.LA o? ?`? c w c? Av wa L "C'?R. 9`1 I(_ Whb wok In '? A, SwrrD%Anc (5 &P-,Ace5 utr) Kowa, V?'a.')c (.. )! 4 t,n LAuSo. &+ l'r'n c )to Pick L. r a-4Q.r` W b. (k. 5 March 2005 4* AMERICAN CIVIL ENGINEERING CO. 207 NORTH MOSS ROAD, SUITE 211 • WINTER SPRINGS, FLORIDA 32708 Telephone: (407) 327-7700 • Fax: (407) 3 7-0227 September 19, 2008 City of Winter Springs Community Development Department 1126 East S.R. 434 Winter Springs, FL 32708 re: Park Manor Academy Enclosed are the names and addresses of the surrounding property owners near the subject property on Excelsior Parkway. The names and addresses are from the most recent information obtained on the Seminole County Property Appraiser's website. 1. George or Denisa H. Denny P.O. Box 917182 Longwood, Florida 32791 2. Matthew and Megan Miessler 132 Rhoden Lane Winter Springs, Florida 32708 3. Debra H. Nault 134 Rhoden Lane Winter Springs, Florida 32708 5. Moss Place Homeowners Assoc„ Inc. P.O. Box 19514 Winter Springs, Florida 32708 7. H.E.A.R. Investment Group, LLC 125 Excelsior Parkway Winter Springs, Florida 32708 4. Concepcion Perez 138 Rhoden Lane Winter Springs, Florida 32708 6. Atlantic Development Corp. 169 Oaveroaks Place Sanford, Florida 32771 Thank you for your review of this project. Please feel free to call with any questions. Sincerely, American Civil Engineering Co. Justin Garber, Project Manager COQ RY L N EXCEISIOR WAY 0 1 ? aC 0 z, z RHOMANE FUTURE LAND USE MAP NOT TO SCALE SEC. _34_ TWP. _20_ RGE. _30_ PARCEL ID: 34-20-30-533-0000-0050 ZONING MAP NOT TO SCALE SEC. _34_ TWP. _20_ RGE. _30_ PARCEL ID: 34-20-30-533-0000-0050 i f ?n?yr ?P' II w II II 0, and lv? Cil I I ?t U LOT 6 CO p cn W 0 ° z v CD 10 4.00. ?', 136 cD I ? J z rn ? VACANT LOT 5 0 m Zo ti ? Lnayo ? tr\'? a I z coNC ? / LOT 4 o, /t Z 1-30' /; 73 . \ 98 Z p JO fi0 \ O ? ? 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DATE OF SURVEY 04/20/07 WINTER SPRINGS, FLORIDA 32708 SURVEY NO. 203463 LEGAL DESCRIPTION: LOT 5, EXCELSIOR PARKWAY, ACCORDING TO THE PLAT CERTIFIED TO. THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 12, OF RENAL HAMILTON & GREG HAMILTON THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. TRt It A V IIT 00" NO W4.0 !Q]DI a A AoN1, ?. MW aR1m aNaDl l?lb» I la D PROFEB610NAL OURVEYOR V 01 M uOanONm. 4 W NIL AUW all all B E A L E AWA M MR 01 s.R.tY IlAfy1 NO merl® nlar m l? Raulu 1o1eaA CLOSING SERVICES M irn. k 11 M A ZU Wt TAE E 4m R srAlalm? AS scr FDRnI n nneoA DOW wro SMITH 8Y: . LW VM 91R6[1U10 M ONRG !1017. C OD[ RR911M 70 SfCilaM PROFE6810NAL OURVEYOR 1Ulp 472-@Y, nDW MA IL0111DUU11V[YAUDaAT[0.COM L BFXE SINM M py 202 SHORT AVENUE, SUITE 124 LONOWOOD, FLORIDA 32750 PHONE- 407-331-5577 FM: 407-331-9198 ATTACHMENT B OUT H ? 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ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 2, 2008 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, October 2, 2008 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, absent A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The September 4, 2008 Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE - SEPTEMBER 4, 2008." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER GASMEN. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 2, 2008 PAGE 2 OF 3 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From The 25 Foot Front Yard Setback Set Forth In Section 20-211. Of The City Code, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20-34., To Allow A Daycare Center To Be Constructed At 135 Excelsior Parkway, Within 15 Feet Of The Private Right-Of-Way (ROW). Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "Staff really feels that this Site, in this situation fits this Waiver Criteria." Mr. Baker added, "Staff recommends approval." Discussion ensued on the Pond. Mr. Justin Garber, Project Manager, American Civil Engineering Company, 207 North Moss Road, Suite 211, Winter Springs, Florida: addressed the Board Members and pointed out that, "We would be providing an additional six foot (6) high barricade of some sort." Mr. Garber added, "We definitely would be beefing up the barrier between us and the pond." Discussion. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 2, 2008 PAGE 3 OF 3 Chairman Waters opened the "Public Input "portion on this Agenda Item. No one spoke. Chairman Waters closed the "Public Input" portion on this Agenda Item. "I MAKE A MOTION THAT THE BOARD OF ADJUSTMENT RECOMMENDS THE APPROVAL OF THE SETBACK WAIVER REQUEST AS STATED - AS IT MEETS THE SIX (6) CRITERIA FOR THIS SITE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Waters adjourned the Meeting at 7:12 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the , 2008 Regular Board of Adjustment Meeting.