HomeMy WebLinkAbout2005 05 23 Public Hearing Item 405, Auto Repair Shop in I-1 Light Industrial Zoning District
COMMISSION AGENDA
ITEM 405
Consent
Informational
Public Hearing X
Regular
May 23.2005
Meeting
//7 g;tj
f;'; Mgr. / ~
Authorization
REQUEST: The Community Development Department presents to the City Commission a
request for a Conditional Use to allow a Major Automotive Service and Repair Shop including
Body Repairs and Painting in the 1-1 (Light Industrial) zoning district, pursuant to Section 20-261
of the City Code of Ordinances.
PURPOSE: The purpose of this agenda item is to consider a request by Robert Safker, the
applicant, to allow a Major Automotive Service and Repair Shop (including body repairs and
painting) as a conditional use in the 1-1 (Light Industrial) zoning district. The subject property is
located at 3441 State Road 419 (on the north side of SR 419 near the intersection with North
Edgemon Avenue) and is approximately 0.45 acre in size. The site presently contains a metal
building with attendant parking and vehicular access area.
APPLICABLE CODES:
Sec. 20-258. In General
Sec. 20-261. Conditional Uses.
Sec. 20-82. Duties and powers, general.
CONSIDERATIONS:
The site is approximately 0.45 acre and contains a metal building with attendant parking and
vehicular access area. The site fronts on State Road 419 and has 1-1 zoning and an Industrial
Future Land Use (FLU) designation.
May 23,2005 - City Commission Agenda
Public Hearing Item 405
Page 2
The applicant has provided a preliminary concept "sketch" site plan to demonstrate the proposed
product. Staff has reviewed this "sketch" plan and has identified topics that will be of concern
with the actual site plan. Approval of the conditional use will not constitute site plan approval
and does not need to address these issues. This conditional use review is a separate procedure to
determine the appropriateness of a major automotive service and repair shop, including body
work and painting, in 1-1 zoning at this location.
CHRONOLOGY:
April 11, 2005 - Staff requested advisability from the City Commission to
proceed with a text amendment to Section 20-261 ofthe Code to include
Automotive Major Service and Major Repair Establishments, including body
repairs and painting as a Conditional Use in the 1-1 Zoning District. Staffwas
instructed to move forward with the text amendment request.
April 18, 2005 - The Planning and Zoning Board/Local Planning Agency made a
recommendation of approval to the City Commission regarding amending the
language in Section 20-261 ofthe Code, the "1-1, Light Industrial" zoning district
to allow an Automotive Major Service and Major Repair Establishments
(including body work and painting) as a Conditional Use.
May 5, 2005 - The Board of Adjustment recommended approval of the
Conditional Use to allow an Automotive Major Service and Major Repair
Establishment (including body work and painting) contingent on Section 20-261
of the City Code being amended to allow for an Automotive Major Service and
Major Repair Establishment (including body work and painting) as a Conditional
Use in the 1-1 Zoning District.
May 9, 2005 - The City Commission held a public hearing for the first reading of
Ordinance 2005-13, which revises the "1-1 Light Industrial" zoning district's list
of conditional uses to add Automotive Major Service and Major Repair
Establishments (including body work and painting)
FINDINGS:
1. The site has an 1-1 zoning and an Industrial Future Land Use (FLU)
designation.
2. Staff finds the concept of a major automotive service and repair facility,
including body work and painting, within the 1-1 zoning district, at this
location, to be consistent with the general zoning and also with the public
interest. This finding did not address specific site plan issues. Those issues
will be addressed during the site plan review process.
May 23,2005 - City Commission Agenda
Public Hearing Item 405
Page 3
STAFF RECOMMENDATION:
Staff recommends that the City Commission approve the applicant's request for a
Conditional Use to allow a Major Automotive Service and Repair Shop, including
body work and painting, in the 1-1 (Light Industrial) zoning district at this
approximately 0.45 acre site, pursuant to Section 20-82 and Section 20-261 ofthe
City Code of Ordinances.
BOARD OF ADJUSTMENT ACTION:
ATTACHMENTS:
A Location Sketch
B Site Sketch
C Draft Minutes of May 5,2005 Board of Adjustment meeting
p.2
ATTACHMENT A
pace
WINTER
. SPRINGS
; RECEIVED
It
;1:' APR 2 6 2005 ~
.,. ~
H .
Ill: em O'p,tr,IV!tfW~tH:PRINGS 1
, - llmnll:t.ing - Mdt" .s
/
/
LOCATOR MAP
en
en
o
:2
o
SITE PLAN
/
;'
\,!j
!'!;
. i!
';, 1
,!'ll" !
"
";j I : ';'~
.! Ii:~
" ! I' 1i1
.i ';1
':: !H
JI:f
II;,
l:jl
ii' :t
I' I..'~'
I ~, .r
; .lil
I. I!)
: ,'~.t
'j:lm
ili HJ:
!I:IA
Iii. .~.
'I! TfI
,(; i.~
Ii ,J'
I" .
!: ;,
il,:, ;
!;
ii;
I.' "
..
,.
i
n~
i': .
;"
,.
~ "
I
I;l
';!
~ 1 t
:t
j
"
OJ;
l
.
1j
!I
w (f) 0'\
~ (!) C'\J
'I-
~ 0 Z III
- Ol
~ a: 0
a.. W 0.. a..
C/)
a: ~
w a: N
(9 W oX.
0 I- 0
a: z 0
~ CD
. -
0
\\l 0..
0
...J
2:13 3Si\;;ld
~.
.~
P
l~~
Qj'
~~
. f.
~'l
.......
_,,~. -~..JI-.C':JII ~ 11
;'-:'.G';.lr: ~
\)
'.l
ATTACHMENT B
-- ..... -------
, ----
r~ . .
~.. .,
r'l; L
, -
~
.\-
~~
c. .-.)
~ -
.c~
~ ~ t;
~---:
r-~
~
OJ
, \:)
~ .;....:. ~\ {\..
~ : ~ ~\
:.~ 1
/4' ~
:"i \, "
:.: : ~
~~...j ~~. ..-
"O~ \ . .
. f-,t. 1< ~ ..:,'"
:'J"i~.';. L. \~ \'
~.. ~).
I .t',.: y', \/),. ';
. Q '?\ ') I-
;.'~! '.\"'~~.
~. .' .of ~ 'J L~ ,::,
.....; ~"l"" :,'v ~
I I i:4.,'::"'::W'l
I ..~.
. 1&:-' ~
~O'6t!".'7 E'R '$/ ,,~.b/. :"'<:;
~ . ~ /C-f'~--'(!t):/I7JL"\'
t) ..... t:l' ,
~ ..... ~.........
~ /V/ 7 ""'M"P.~"-"" --- '\
.....z,
~
"
." ....)
0\ ;,) \;" {:.~~~; !"
J
6'//7
'Y'S'
...
Cl3SiOCl
Q'
" ~
"'l ()
, <
)."l 'J
. ~ tt
~ ") . ~
- J . I<J
4j ~ It ~
~ ~
~ ~) ~.
~ 1lJ"" ~
~ ll,J
~ ~4J~
I(~~
l-)~0~
l( \d~
\) ~lt~
).. ~ \.\ 0)'
L.. ~ < lu
~ 41,
~ Q.: \-::
t( ,( ~..
~ I-lt~
(". ~ 41 (;
-J ~ ~ ;!
l:r: .:)
o Q.. Il)
.~;-.~
\
\
"
00t>LL(:EL0t>
')
00
,z-CI'l
c:r...J-
c:r
<I)> a:
Z~w
20Z
~z2;t
>CI'lfnZ
W-W-
a:c)J:~
OZI-a:
~i...O
-c:rOZ
a:CZ; <t
00-'
%: <ta::
....CIlWIU
::li:CI'l>
;;I-WO.
:l~i:QW
o~ ~~
O>-'"cnl-
>ll..CI'lOo<
c:rO~lDZ
O~Z~~
~a::lUJCI)
>.
en ~
w ~
~ ~ ~
o ~ "-
Ii:
, ~
>- \... ~ -J
UJ ~ ~
> \:) ~ '<
a:'JClo:;Q
::>
en f\l .... ~
~ l() ,
~ '
'; ~ ~
0) I'll ~
"
III
'-'l
"
'"
~
\
'Il
"
\l
\(
L0:E1 000(:/5(:/10
ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED DRAFT MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE20F9
VOTE:
BOARD MEMBER CASMAN : AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER FAIRCHILD: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
-7
PUBLIC HEARINGS
400. Community Development Department
Presents To The Board Of Adjustment A Request For A Conditional Use To Allow
A Major Automotive Service And Repair Shop Including Body Repairs And
Painting In The 1-1 (Light Industrial) Zoning District, Pursuant To Section 20-261.
Of The Zoning Chapter Of The City Code Of Ordinances (As Amended). Please
Note That Ordinance 2005-13 Amending The Text Of Section 20-261. Of The Code
Must Be Approved Prior To Final Action By The City Commission On This
Conditional Use Request.
Mr. Randy Stevenson, AICP, Director, Community Development Department presented
this Agenda Item.
Mr. Stevenson said, "Currently, the 1-1 Zoning District does not allow this 'Use' as a
'Conditional Use', however, concurrent with this request, City Commission is
considering a Text Amendment to allow this 'Use' as a 'Conditional Use' in the 1-1
Zoning District - this Approval is going to be based upon and contingent upon the Code
being amended prior to final action by the City Commission on this Item."
Furthermore, Mr. Stevenson added, "Staff finds, at this point, that this type of 'Use' in
this Zoning District and at this location is consistent with the general zoning and also
with the public interest." Mr. Stevenson said, "Staff recommends that the Board of
Adjustment recommend approval for the 'Conditional Use' to allow the Major
Automotive Service and Repair Shop including Body Work and Painting in the Light
Industrial District." Discussion.
Regarding Criteria, Mr. Stevenson stated, "Section 20-33. of the Code. It does have all
'Conditional Use' recommendations and final decisions shall be based upon the following
applicable Criteria and - there are - seven (7) Criteria. Those have been considered in
our recommendation to you tonight."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED DRAFT MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE 3 OF9
Mr. Robert Sajker, 3441 State Road 419, Winter Springs, Florida: as the owner of the
business, Mr. Satker presented a PowerPoint presentation. Mr. Satker said, "We've done
a lot of cleanup; we intend to do a lot more. I am working in conjunction with Mr. Owen
[Roger Owen Realty, Incorporated, 100 State Road 419, Suite 210 Winter Springs,
Florida], the landlord and we are jointly improving the building from the status that it was
from the prior tenant."
Mr. Satker added, "The actual cars that are being worked on, will be worked on in the
steel structure that's in the back." Mr. Safker then added, "It is our intention to use the
same sign - and the sign that we have designed fits into - similar in size and design and
color." Mr. Safker said, "We have worked out with the City Commission that in order to
receive approval, everywhere here where you see chain linked fence both from the gate all
. the way down - side of the property, is going to be replaced with a six foot (6') solid
stockade wood fence. None of that area will be visible from the street and any vehicles
that are parked in that storage area will not be visible from the street side ofthat fence."
With discussion on Environmental issues pursuant to Federal and State Environmental
protection laws, Mr. Satker stated, "We are totally compliant on all aspects." Mr. Satker
added, "Should the Application be approved, you have my word - that is good as any
Contract. I will be a benefit to the City of Winter Springs. I will run an upstanding
business. I will serve the citizens well. I will run a high ethical business and I
respectfully ask your permission to approve the Application."
Discussion.
"I MAKE A MOTION TO APPROVE THE REQUEST FOR THE
CONDITIONAL USE PERMIT FOR WINTER SPRINGS COLLISON REPAIR,
INC. [INCORPORATED]. THIS APPROVAL IS CONTINGENT ON SECTION
20-261. OF THE CITY CODE BEING AMENDED TO ALLOW FOR AN
AUTOMOTIVE MAJOR SERVICE AND MAJOR REPAIR ESTABLISHMENT
TO BE LOCATED ON THIS PROPERTY." MOTION BY VICE CHAIRMAN
T AYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION.
IN CLARIFYING THE MOTION, MR. STEVENSON ASKED, "DOES THAT
ALSO INCLUDE THE CAVEAT INCLUDING PAINT AND BODY WORK?"
VICE CHAIRMAN TAYLOR SAID, "YES. THE ANSWER IS 'YES'. I ASSUME
THAT WAS INCLUDED IN THE..." BOARD MEMBER FAIRCHILD SAID,
"...THE TEXT..." MR. STEVENSON SAID, "...IT MAY HAVE BEEN. IT IS IN
THE TEXT. I JUST DIDN'T HEAR IT..." VICE CHAIRMAN TAYLOR SAID,
"...BECAUSE IT WAS IN PARENTHESIS HERE THAT'S WHY I DIDN'T
MENTION IT..." MR. STEVENSON SAID, "...RIGHT. PARENTHESIS IS
JUST PART OF THE TEXT, I JUST DIDN'T HEAR THAT..."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED DRAFT MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE40F9
VICE CHAIRMAN TAYLOR SAID, "...BUT, YES, IT DOES..." MR.
STEVENSON SAID, "...1 APOLOGIZE..." VICE CHAIRMAN TAYLOR SAID,
"...THE ANWER IS 'YES'."
VOTE:
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER FAIRCHILD: AYE
BOARD MEMBER CASMAN : AYE
MOTION CARRIED.
Chairman Waters said, "I'm sure you are aware you have to go to the City Commission
with this - have they been to P&Z [Planning And Zoning Board/Local Planning Agency]
on this?" Mr. Stevenson said, "They've been to P&Z [Planning And Zoning Board/Local
Planning Agency] on the Text Amendment."
PUBLIC HEARINGS
401. Community Development Department - Planning Division
Requests The Board Of Adjustment Consider A Waiver Request By J. K. Parmar
From Section 20-486. (1) (b) To The Ground Mounted Multi-Tenant Or Project
Identification Sign For The Starbright Cleaners, At 1301 West SR (State Road) 434,
In The SR (State Road) 434 Redevelopment Overlay Zoning District.
Mr. John Baker, AICP, Senior Planner, Community Development Department introduced
this Agenda Item and displayed pictures of the property.
Mr. Baker said, "This is where a sign had previously been. I've confirmed this with
Captain Tolleson [Glenn Tolleson] of the Police Department - he said, yes indeed there
was a sign there, and the Applicant would like to put a new sign in that location." Mr.
Baker added, "I brought this to our Staff Review and I had some concerns about putting a
monument sign in this area with that road - even though it is a private road, and the
Police Department also expressed concerns with the safety for people being able to see
beyond the sign. The Applicant is proposing a much smaller sign than the maximum
allowed in this area. He is proposing twenty-four (24) square feet as opposed to the
thirty-two (32) [square feet] that is the maximum allowed."
Tape l/Side B
Finally, Mr. Baker added, "We do believe as Staff that there is a better location for this
sign. I think it would require perhaps a more aggressive role from the landlord to deal
with the other proprietor. We also believe that where the Applicant wants to put the sign
does constitute a safety issue.