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Home My WebLink About2009 09 02 Public Hearing 500 Review Brighthouse's Application for Special PermitPLANNING & ZONING BOARD AGENDA ITEM 500 September 2, 2009 Meeting Consent Information Public Hearin X Re ular Mgr. /Dept. REQUEST: The Community Development Department requests that the Planning and Zoning Board review Brighthouse's application for Special Permit related to modifications to the Brighthouse site on South Moss Road and recommend approval of same to the City Commission. PURPOSE: The purpose of this agenda item is to consider Brighthouse's request for Special Permit pursuant to section 9-568 of the City Code to modify and improve its nonconforming facility at 197 South Moss Road. APPLICABLE ZONING & FUTURE LAND USE DESIGNATION: Zoning: R-3 Multiple-Family Dwelling District Future Land Use Designation: High Density Residential APPLICABLE CODE: Chapter 6, ARTICLE VII. FENCES, WALLS, HEDGES Chapter 9, ARTICLE XI. NONCONFORMITIES Chapter 20, ZONING CONSIDERATIONS: The approximate 10,000 squaze foot (0.23 acre) Brighthouse cable television, phone, and Internet hub extension site is located on the east side of South Moss Road, across from its intersection with Alderwood Street North. The site was acquired and developed in 1973, with the existing buildings, fence, and 100 foot-tall tower constructed in or about 1995. The site was previously zoned C-2 General Commercial, but was rezoned to R-3 Multiple- Family Dwelling in 2001 (Ordinance No. 2001-46, adopted September 10, 2001). Public and government services are a permitted use in the C-2 zoning district (Sec. 20-252 (27) of the City Code), but aze not listed as a permitted use or conditional use within the R-3 District -thus, the current use is legally nonconforming. September 2, 2009 Public Hearing Item 500 Page 2 Public services aze those services of general interest, which are considered to be so essential to modern life that universal access is increasingly guaranteed throughout developed nations. Public services may include either a public or private provider (or some public/private hybridization) and include, but are not limited to, broadcasting, electricity, gas, waste management, potable and waste water services, education, and telecommunications. Many states, including Florida, have a public service commission, to oversee and regulate the reliable, safe, and affordable provision of certain public services. The site is now a nonconforming site, in terms of (at minimum) the use, the tower height, and building setbacks. The site and reasonable modifications were protected by way of the franchise agreements that Brighthouse entered into with the City. However, pursuant to a new Florida law enacted in 2007 subjecting cable franchises to state regulation, Brighthouse "opted out" of its franchise agreement with the City in exchange for astate-issued certificate of franchise authority. Thus, it lost the protection afforded by the franchise agreement. The applicant reports that the tower has not been in use for several years. To continue to provide existing service, serve additional customers, and provide enhanced features, Brighthouse proposes to remove the tower, an existing generator pad, the southern-most concrete block building, and an existing metal shed and to construct another 600 SF equipment building (immediately adjacent to the existing 600 SF equipment building that will remain) and a 700 SF 12-foot high generator enclosure. Landscaping is proposed and will be part of the site plan (the next step in the approval process). The proposal is to provide a more visually appealing site that will produce less generator noise. The operations at the site will remain largely un-manned (except during construction, routine maintenance and upgrades, and "trouble-shooting"). The existing building and proposed structures do not meet the 35-foot rear yard R-3 building setback requirements. Until 2004 (Ordinance No. 2004-28, adopted July 12, 2004), the C-2 zoning district did not have minimum building setbacks (as stated above, the site had previously been within the C-2 district). For security reasons, there is an 8-foot tall chain link fence with barbed wire around the site (Sec. 6-189 of the City Code allows the Building Official to permit barbed wire above six (6) feet for security fences; fences are typically limited to a height of four (4) feet in front of the front building line, which, in this situation, would compromise security and the public safety). Special Permit. Recognizing that it is in the best interest of the community that certain nonconforming uses or structures be allowed to continue, and in some instances, significantly upgraded, the City Commission adopted section 9-568 of the City Code (Ordinance No. 2003-36) on October 13, 2003. Section 9-568 provides a "mechanism" for non-conforming uses and/or structures to be continued when they are not detrimental to the surrounding neighborhood and to the community values. The City may grant a "special permit" after the City Commission conducts a public hearing and the applicant demonstrates that the continuation of the nonconforming use or structure: 2 September 2, 2009 Public Hearing Item 500 Page 3 a. Is capable of contributing in a positive way to the character and serves the need of the community including re-occupancy for the accommodation of neighborhood walk-to- service use, walk-to-work opportunities, and live-work spaces; reuse of buildings with architectural or historic value; and reuse of buildings that generate a significant economic benefit to the community; and b. Is compatible with, and not detrimental to, the surrounding neighborhood in terms of traffic, noise, parking odor, light, intensity, and land uses, hours of operation, landscaping, aesthetics, structural design, and density; and c. Is consistent with the community values, objectives, and policies established in the city's comprehensive plan and City Code. The City Commission is authorized to impose conditions and safeguards as a condition of approval of any special permit granted under this section. Other approvals: Modification of the site will also require (at minimum) site plan review, aesthetic review, as well as demolition and building permits. The special permit is the first step in the process. FINDINGS: 1. The site is located within the R-3 Multi-Family Dwelling Districts and has a High Density Residential Future Land Use. 2. Records indicate that the existing facilities have been in place since 1995. 3. Brighthouse provides public services to the community. 4. Staff believes that continuation and modification of the non-conforming use and building is not detrimental to the surrounding neighborhood or to the values established in the comprehensive plan or City Code. 5. Staff believes that these public services contribute in a positive way to the neighborhood and to the community and generate an economic benefit to the community as well as other benefits. 6. Staff believes that the proposal to remove the 100 foot tall tower, small concrete building, shed, propane tank, and existing generator pad and to construct an additional building, generator enclosure, and landscaping will reduce noise and the aesthetic obstruction. 7. Staff believes that the proposed site modification will be consistent with the community values established in the comprehensive plan and City Codes (except for the use and the building setbacks described in the text, above). 8. Site modification also requires site plan and aesthetic review approvals as well as demolition and building permits. RECOMMENDATION: Staff requests the Planning and Zoning Boazd recommend approval of this Special Permit application to the City Commission. 3 September 2, 2009 Public Hearing Item 500 Page 4 ATTACHMENTS: A. Location Map & Tax Appraiser's Print-out B. Correspondence and Concept Sketch P&Z ACTION: 4 ATTACHMENT A~ ~ ~ on mu C t C ntinued 242~~ _ ,. ~ Pg 2 w ..... ..... ~ 102 ~ 0 -v„ ~" v -p ,`„ _. _ ..._ .. 3 ~ ~._.. .. . _. . ' .... ...... ....! F .. ... ... ' 104 _. _ . 5 ~ _ H ,.. ... _ .. _... _.. , 106 , )7 .. 108 _ . __ ..... ._.. . ~~ 09 N .._..... ._- , _... ...__ __z ~. Pte, _ _ `T c~o~ ......._. o ~ c -. ', -.... ray 0 - ~ ...... ~ ` q g .- Q' -. •~~07 110 '. O ,.. _. ,- ~ '. T' r Jas ~~/~ • '' - U ..... ~ -~"x v J J ~ . 209 112 ~...,...~~ 3 3 °~ ti ;13 `'~ J t a F 11 114 '~ Gy ~~ J J' ' 21~ ti ~: _ 116 ~ ~ln Mossw•_,~oof,~~,___._ c/R (( ^~., .: Q .. ._. - 103 'o1 `r.~ L~1/ 1 I I y04j l6' M ° , r8 ~~ 1 1 ~1 ~ 118. ~6 N ' 1--00 102 1 ~ 0.4 E _ .. /10 .. / 4 ~~BJ Pr r-. 120 ` 182 280 ' r~- s, •~4 ~..'~` { ~ J ry O ~ 106 ;._ ~ J 1J ~~~° ~. ,' •w - 122 `. J, , ,, ~ ~ O ~, ~ ~ . V U ~ , ._ ... /lj~s , ~/~ ~ti _, ._. ~,._.__ ~ - 162 260 O 181 ~ , 261 O __--- 105 103 , 200 `; 263 183 4 -: 116 ~~~ ~~; i` 219' ~', q ; Iz7 h '~ ~ ACC . ~ ~ ..... ..... :..._..__. ~ 1 X03 ~,j ~2 ~_4 ry h ryJ ;. .. t'~ ,. C,~1..;.. 202 , ~a , 2,,. _ ~ ~? ~. 109.. 303.,. .204 _. - ,,. 305,,. w.--.206_ ~,23c ~ -•~ ', ~ . _ ; ,, 307 .~ B _ ._. 208 '; ~ ,~`'~ 309 ____ ~W W; • ' ~ WiN ,.p,t. 78 `, __ . 210 _: 128 1~ ~ . ~ 10 . 212 126 a ~~~` 313 _ 124 cr. !l 1 ~ 2 ~ 3 ~ 4Continu= Pg 249 - 6 ~ 7 ~ 8 w: ~ i~~ ~T~.-'~:, ,,.~ NOTES: N- w i _ w ~.1a ` - L ~ ~ = . - ~ ~ '- ~ _ m '• ~ f ~ ee RD ~ ~ ~'~. Municipal Address Map Book 100 zoF _. i 9~ EP . .•~• ` ~ -r A~ ;i~- ~ PRINTED: REVISED: OCt 2006 1 2 3 . •~• • -~- ~• ~ City of Winter Springs, FL pa a 2423A 9 rn~se ~ww~~vn Lei w~nr m ~n , o ~ wnt •.~..~~~ .....~ ' Seminole County Property Appraiser Get Information by Parcel Number Page 1 of 1 ~~ /v ~ ct DA'Y1D.16HNBON. CFA..AS/l PRORERTY 7 ~' APPRAlSEI~ I r' 7 92.0 ~ • SEn1tN0LE COtTNTY~i.. t 92 -C t6 i7 t3 ^ ~ `~ ttotE.tlasrsr 3a71-7466 rz GwtuaRn K 92-. ( 12 92.H ~~ . . 407-65.4-7508 id 2 D r! . I tt 92.6 13 VALUE SUMMARY 2009 2008 ENERAL VALUES Working Certified G 092C OD00 AR Value Method CosUMarket Cost/Market - Parcel Id: 26-20-30-5 - TWEAN SUBSIDIARY LLC O Number of Buildings 2 2 wner: NAddr: C!O ADVANCE/NEWHOUSE COMM O Depreciated Bidg Value $36,876 $57,885 w Address: PO BOX 4739 Mailin Depreciated EXFT Value $3,037 $3,195 g ZipCode: SYRACUSE NY 13221 State City Land Value (Market) $22,000 $22,000 , , Property Address: 197 MOSS RD CASSELBERRY 32707 Land Value Ag $0 $0 Facility Name: Just/Market Value $61,913 $83,080 Tax District W1-WINTER SPRINGS Portablity Adj $0 $0 Exempfions: Save Our Homes Adj $0 $0 Dor: 91-GAS/ELECTRIC/TELEPHO Assessed Value (SOH) $61,913 $83,080 Tax Estimator 2009 Notice of P roposed Property Tax 2009 TAXABLE VALUE WORKING ESTIMATE Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund $61,913 $0 $61,913 Schools $61,913 $0 $61,913 Fire $61,913 $0 $61,913 Winter Springs Bonds $61,913 $0 $61,913 City Winter Springs $61,913 $0 $61,913 SJWM(Saint Johns Water Management) $61,913 $0 $61,913 County Bonds $61,913 $0 $61,913 The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates. SALES Deed Date Book Page Amount Vacllmp Qualified 2008 VALUE SUMMARY QUIT CLAIM DEED 01/2003 04816 0232 $76,100 Improved No 2008 Tax Bill Amount: $1,456 800 Improved No SPECIAL WARRANTY DEED 04/1995 02908 1271 $31 2008 Certified Taxable Value and Taxes , SPECIAL WARRANTY DEED 03/1995 02908 1268 $31,800 Improved No DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS Find Sales within this DOR Code LEGAL DESCRIPTION PLATS; Pick... LAND LEG THAT PT OF LOT 92 DESC AS BEG 105.4 FT S OF INT Land Assess Method Frontage Depth Land Units Unit Price Land Value S RNV YOUNG RD + E R/W MOSS SQUARE FEET 0 0 11,000 2.00 $22,000 RD RUNE 100 FT S 100 FT W 100 FT N 100 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 BUILDING INFORMATION Bid Num Bld Class Year BR Fixtures Gross SF Stories Ext Wall Bld Value Est. Cost New 1 MASONRY PILAS 1973 0 100 1 CONCRETE BLOCK -MASONRY $6,344 $10,662 2 MASONRY PILAS 1995 0 600 CONCRETE BLOCK -MASONRY $30,532 $37,008 Permits EXTRA FEATURE Description Year Bk Units EXFT Value Est Cost New COMMERCIAL CONCRETE DR 41N 1995 960 $1,329 $2,045 8' CHAIN LINK FENCE 1995 400 $1,708 $3,200 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad va/o2m tax purposes. "' If u recent) urohased a homesteaded ro ur next ar's roe tax will be based on JusUMarket value. http://www.scpafl.org/web/re web.seminole_county title?PARCEL=2620305AROD00092... 8/19/2009 ATTACHMENT B 6373 Ai! American Boulevard Orlando, FL 32810 Tel 407-292-7200 Fax 407-295-8313 bright house June 29, 2009 NETWORKS VIA HAND DELIVERY City of Winter Springs Attn: Kevin Smith 1126 East State Road 434 Winter Springs, FL 32708 Re: Special Permit Application for Bright House Networks, LLC - Moss Road Site Dear Mr. Smith: Bright House Networks proposes to expand an existing unmanned equipment building upon consideration and approval of this Special Permit application. The purpose of the expansion of our 600 square foot electronic equipment building is to continue to provide existing and enhanced services to the surrounding community. The plans for expansion include a 600 square foot electronic equipment addition, a 700 square foot equipment enclosure, and associated paving, storm water retention areas, and landscaping. The site was acquired and developed in 1973, and the existing equipment building construction occurred in 1995. The rear setback is now non-conforming due to a rezoning that occurred in the late 1990's. The Special Permit complies with and is consistent with the intent of Section 9-568 of the Winter Springs City Code. The expansion and modernization project is a positive development for the City and the surrounded neighborhood by accomplishing these objectives: • Enables Bright House Networks to continue to provide existing services, serve new customers, and add enhanced features. • Maintains the current use as an unmanned equipment building with low traffic and no detrimental effects on the neighborhood. • Reduces noise by adding a 12' high enclosure to house the generator and HVAC compressors. • Updates the landscaping to provide an aesthetically pleasing buffer which requires a minimum of irrigation. • Improves aesthetic qualities by adding the equipment enclosure and landscaping and removing the existing 100' concrete tower. We appreciate your consideration of this request, and we are available to discuss this application in greater detail at your convenience. RespectfullLy,~.~ ~~ 0 seph K. Pinckney I ~ ~ O ~! ~~~ ~ m ~ Vl l7 ~ m - .~ o ~~~ ~ moo ~ I D~~_ ~3`~~J~ Nor N T` O kl d ~~---- ~ ~ _ _ ~~- I ~- _ L ----~ Y ~~ . _ROAD MOSS ~ ~Y ~~pe pU~~ 7. PfOE 3Z R p~vd~ ~ rrkk ~~ ~~ ~~ ~~ ~ ~ . . o• e _--- ~~ e b `^~, "f _ ~~~~ ~~ a " ~ 100' (D N ', ~ 0.0~... NO~i'S8' i~0"~W.. .. ~~.~~* _ °s 1'I ~~ i Nu S~ i_-{ > ~ '+~ 1 ~~ZI I J ~ °° ~e ~d oaavox° ~ ~ • ~~ f~"' .~ • ~~~ n ~ N ~~ p o a o E W <• • 8 .~ ~• i p° e 0 ~ + > ~ .° • P e ~~1~ ~ ~ z U! o e ~- ~ N TT ~+ 1'' m O -' O O ~ .o ~~ ~~~~ g~ ~-.~- YY J~4 ~~~ ~~~~ ~~ ~~~~ ~~ ~ ~~~ ~ ~~Q ~ ,~ ~~~ ~~ii~ q a ~ ~6 ~ ~ ~ ~ i~;~~ a a ~ ~ ~ ~ n ~ ~~ ~~~ ~ ~ ~ ~gy ~~L~ ~ ~~ ~~~ ~ ,~ ~ ~ ~ ~~ ~~ ~~~ ~ ~~ ~ g~~~ ~~~ ,~ ~ ~ ~,~~ ~g a~ ~ ~~ ~ ~~ ~~ ~~~ ~aa~ ~ s ~ ~~ ~~ : P~ ~ ~ ~~ ~ ~~ x~ R~~ ~ ~ ~ ~~ ~ ~~ o ~ ~~ :~ o~ M I ~ qq 7 ~ 'r `e ~.. ~ ~ ~ °' i ~ ,~ I " '~ ~( I ~" " M 9 goo C o ~ -P' w 6 N I ~a ~ ~ T o ~'I '~ p0 ^ O ~ O' p O_ '~1 ~ M ~~ w goo sr. UNMANNED EQUIP. BLDG. EXPANSION "°' °"'~ "~"' Dti00R & MOSS ROAD, A'INTER SPRINGS, FL. -~ ~• SITE PLAN °°° K ""°i°"'" na, °'i''~ "'°°""'' w.s~oea rN aso:es•m~ ~~ ~ aRrcaT sots ~-ox~s ~wc aeo saoo~ ~" 100.00' (M) ~~0 E 100' D) S