Loading...
HomeMy WebLinkAbout2004 02 23 Public Hearings 405 CITY COMMISSION AGENDA ITEM 405 Consent Informational Public Hearing X Regular /~ February 23. 2004 Meeting Mgr. / Dept Authorization REQUEST: The Community Development Department presents to the City Commission a request for a conditional use to allow multiple family dwellings in the C-I (Neighborhood Commercial) zoning district, pursuant to Section 20-234 of the Zoning Chapter of the City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider a request by Metropolis Homes, the applicant, to allow multiple-family residential units as a conditional use in the Cool (Neighborhood Commercial) zoning district. The subject 9.10 acre site is located on the north side of SR 434, generally north and east of the existing Nations Bank at the corner of Moss Road and SR 434. APPLICABLE CODE: Sec. 20-234. Conditional Uses. (a) Multiple-family residential units may be pennitted 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. February 23, 2004 Public Hearing Item 405 Page 2 Sec. 20-82. Duties and powers, general. 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: a. b. To hear and make recommendations to the city commission on special exceptions as authorized under the tern1S 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 granting 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 tim~ 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 adjacent property. The board of adjustment may also recommend the granting of special exceptions within Cool 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 of the 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. February 23, 2004 Public Hearing Item 405 Page 3 (b) All such applications will be process within sixty (60) days of receipt of same. ( 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 ofthe 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 ofthe 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 of the 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 action 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. February 23, 2004 Public Hearing Item 405 Page 4 (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 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 of six( 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 ofthe 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 is approximately 9.1 acres, is treed, and contains wetland area. It fronts on both SR 434 and Moss Road. The site has C-l zoning, a Commercial Future Land Use (FLU) designation, and it is located within the SR 434 Redevelopment area. The FLU map depicts a conservation overlay. No maximum density is provided in the Comprehensive Plan for property with a Commercial FLU designation. The applicant proposes 7.58 dwelling units per acre (consistent with the density allowed in the Medium Density Residential FLU designation and has provided conceptual plans depicting a possible layout. The City enlisted the help of Dover Kohl and Partners and countered with an option that could possibly increase the density in exchange for an enhanced design to upgrade the neighborhood in conjunction with the City's efforts in that area. This option would require a development agreement or other means to vary from the prescriptions of the SR 434 Re-development overlay district. The applicant is considering this option or some variation. This conditional use review is a separate procedure to determine the appropriateness of multi-family development in Cool zoning at this location - not to address subdivision plan issues in any depth. Wetland encroachment, mitigation, buffering, and stornl-water management are important subdivision plan issues to be addressed primarily with the St. Johns River Water Management District. Approval of the conditional use will not constitute subdivision plan approval and does not need to address those more specific issues. CHRONOLOGY: December 23, 2003- Conditional Use application and fee received by City February 23, 2004 Public Hearing Item 405 Page 5 January 6,2004 - DRC reviews concept plan and provided information to applicant January 22,2004 - the BOA reviews the conditional use request and recommends approval February 2; 2004 - The applicant team meets with staff and the City Manager to discuss an enhanced option proposed by Dover Kohl and Partners FINDINGS: I.The site has a Cool zoning and a Commercial Future Land Use (FLU) designation. 2. Staff finds the concept of multi-family development within the Cool zoning district, at this location, to be consistent with the general zoning and with the public interest. This finding did not address specific subdivision-plan issues. Those issues will be addressed during the subdivision-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 medium density). BOARD OF ADJUSTMENT ACTION: At a special meeting on January 22,2004, the Board of Adjustment voted to recommend the City Commission approve the conditional use to allow multi-family development (e.g. town-homes) on this 9.1 acre site with C-l zoning. RECOMMENDATION: The Board of Adjustment and Staff recommend that the City Commission approve the conditional use to allow multi-family development in the C-I (Neighborhood Commercial) zoning district at this approximately 9.1 acre site, pursuant to Section 20-83 and Section 20-234 of the Zoning Chapter of the City Code of Ordinances. ATTACHMENTS: A - Application B - BOA Minutes C - Concept Design CITY COMMISSION ACTION: .~ 1500 ATTACHMENT A ~~OARD OF.ADJUSTMENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST S~ATE ROAD 434 WINTER' SPRINGS, FL ,32708-2799 (407)327-1800 RECEIVED FOR: yy SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USE ADMINISTRATIVE DECISION ~: DEe 2 3' 2003 I. , CITY OF VVlr<TER SPRINGS L.. CUr11lnl Planning 1. APPLICANT: Metro~olis Homes ',' 'PHQNE( 4'07)835-1369 ADDRESS: 128 E: 'Colonia 1 Dri ve . .0r.1ando.... F~, ,: .3280.,1. 2 PURPOSE OF REQUEST: To "Down" Zone propprty from r.nmmprr;Al (C-l) to allow,a Townhome ne~plopmpn~ 3. ATTACH A COPY OF THE PARCEL SURVEy,(See attached boundary survey.) 4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. 5.' ATTACH LEGAL: DESCRIPTION. (See attac,h.ed boundary survey.) . '. 26~20-30-5A~-ODOO-oi2Q 6. TAX PARCEL IDENTIFICATION NUMBERD~ '0 39 5^R ODDD 011P 26-20-30-5AR-ODOO-012H 7. LOCATION 'OF PARCEL (Street Addres's . and/or :Nearest Cross streets): Inter~ection of StRte RnArl414 ~n~ MORR Vo"rl 8. PRESENT ZONING: C-l FUTURE LAND USE: CommerciAl By Signing below' I understand that city of Hinter Springs Officials may enter upon my property to inspect that portion, as rei ates to this application. (If the appIic~nt is not applicant must attach a owner) . the owner of the subject property, letter of authorization signed by the the ._.p!:,.p".c:ctJC> "Dt:' 11"00 g 2 bOil" SECURm' FEATURES: MICRO PRINT T~ & BO:rrO~ .~ORDER5 - COLORED PAlTEAN . ~~Ft~AL WATE~RK ON REVERSE SIDE. MISSING FEATURE INDiCATES A.COPY ....... ..j Pv. & I.~ c I~ 'r>" ,<I r~ . .. ..----- ~ I, :J".,-: .. ::J <A .,....-. - /11.55 P I. ~ I """' ~ II,.......... \,JAIl ? ~ 5trr"'~ ;: 2. W t..r c. '" ""' '" '1 -Hvp./!c... c.- -: ~, {V;vr--A. LJ/e..5ke.. J. {JW- T v-rr~1 - tt ~,.+-? -fy,p, <<.'-l:.. - ATTACHMENT B BOA Minutes ~~~-!~-~~~4 14;~~ 4~'( ~~4 ~'(~1 4l2:l? 324 5731 P.01 CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES BOARD OF ADJUSTMENT SPECw.. MEETlNG JANUARY 22, 2004 .' / CALL TO ORDER The Board of Adju6tment Special Meeting of ThUIsday, January 22, 2004 was called to order at 7:01 p.m. by Chairman Thomas Waters in the Conunission Chambers of the MUl].,jcipal 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 Gary Diller, present Board Member Sharon Tackaberry, present PUBLIC HEARINGS PUBLIC HEA.(UNGS Community Development Department A. Presents To The Board or Adjustment 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 01 The City Code Of Ordinances. Mr. John Baker, AICP, Senior Planner, Community Development Departmenr, introduced the Agenda Item with photographs of the site location. Discussion. Mr. Baker indicated, "Staff believes that this is an appropriate site for these town homes and recommend approval" Mr. Paul Chipock, G"ay. Harris alfd Robinson, P.A., 301 East Pine Street. Orlando Flo/"ida: Mr. Chipock introduced himself as a representative for Metropolis Home, and also introduced Mr. Mike Carter as the Project Engineer. Mr. Chipock stated that Metropolis Homes had no fonnal presentation; however, they would answer any questions. Discussion. e;;/ 2/1 J/~ FEB-18-2884 14:23 4~7'~? a"'" -FEB-18-2004 14:35 407 324 5731 407 324 5731 P.02 CITY OF WINTI;R SPRJNGS DRAFT U'NN>PROVE:O MINUTES BOARD OP ADJ'USTMENT SPECIAL MEETING - Jft.NUAR V 22, 200- PA.CE 20(4 Mr. Max Saberi, Metropolis Homes, J 28 East Colonial Drive, Orlando, Florida: gave a brief summary of the planned community in detail. Ms. Jamie Jerome, 1 J 4 Rhoden Lane. WiMer Spri'1gs, Florida: Mr. Jerome, Vice President of the Homeowners Association at .Mossplace Town Homes, directed questions pertaining to the planned development to Mr. Sabeti. Ms. Norma Vala.ska. 110 Rhoden LaM, W,l1ter Springs. Florida: directed inquiries to Mr, Sabeti regarding the gate access into the development and the location of swimming pool; and the projected timeline for the completion of the development. M.s. Pam T01'Tes. Rhoden Lane, Winter Springs, Florida: presented her concerns regarding traffic. . Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE CONDITIONAL USE OF THIS REQUEST FOR MULTIPLE FAMILY DEWILLINGS IN THE "C- 1" ZONING DISTRICT, PURSUANT TO THE SECTION 20-234. OF THE ZONING CHAPTER OF THECJTY CODE OF ORDINANCES." MOnON BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: BOARD MEMBER DILLER~ AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR~ AYE BOARD MEMBER TACKABERRY: AYE MOTION CARRIED. REGULAR KEC\JI.AR Community DeveJopment Department A. Presents A Request By Hacieoda Village For A Variance From Section 20-318. Of The City Code or Ordinaaces, Which Sets Forth Building Setbacks For The R- T Mobile Home Park Zoning District. Mr. Baker presented the request for a Variance. & 1jIYj~ F~8-1A-~~~a 14:?' A""'''' ~_ .___ FEB-18-2004 14:35 407 324 5731 4~'( -Sd4 ::>'(-Sl r'.~~ CITY OF Wn.nER SPRJNCrS DRAFT l.nIIAPPROVED MINUTF,S BOAltO OF ADJVSTMENT SPBCIAL MEETlNC - JANUARY 22. 201)4 P^GE Jo(4 Mr. Baker stated, "Staff has reviewed - and looked at this according to our Variance criteria and we do not believe that the application meets the six (6) Variance criteria. We do not see that they meet the criteria; we have to recommend denial." Mr. Baker also reported. "I have had two (2) anonymous phone calls expressing concern about the Variance. both past and future drainage at the 6ite, which is not directly a setbat;k issue, but I did want to report that we did have two (2) calls. II Vice Chainnan Taylor asked. "Has there ever been any drainage problem with that property?" Mr. Baker replied, "According to the callers there have been. I have no knowledge of it myself II MI', Jeff Robb. Life.rryle Choice Realty, Inc.. J 25 North Summerland Avenue, Sanford. FLorida: addressed questions from the Board as a representative for Lifestyle Choice Realty, Inc. Mr. Michael Hoff. as a relative l'epre.seJUing Ms. Jean Robert [wllo reJide.s aJ LOl 254. Hacienda Village. Willter Springs. Florida}. Mr. Hoff commented that Ms. Robert has been a resident for the past eleven (11) years, and has not had a problem with dninage until the mobile home was placed on Lot 255. Mr. Hoff stated that he had met with the General Manager of the Hacienda Village Co-operative, Inc. regarding this issue. Discussion ensued regarding the drainage problem at Lot 254. T~\le I/Su:lc Ii "1 RECOMMEND WE VOTE AGAINST TaE VARIANCE REQUEST AND PASS IT ON TO THE CITY COMMISSION." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER DILLER DISCUSSION. VOTE: BOARD MEMBER DILLER: AYE VICE CHAIRMAN TAYLOR: AYE CHAlRl\1AN WATERS: AYE BOARD MEMBER TACKABERRY: AYE MOnON CARRIED. Chairman Waters stated, f'If you want to talk to someone in the City [of Winter Springs] regarding the drainage issue, whether or not the City has anything to do with that would be Zynka [Perez, Stormwater Manager]." Mr. Baker added, "Or Kip [Lockcuff, P.E, Public WorkslUtility Department Director]." ([;Y ;2./ /7.J.d:JV FEB-18-2BQ4 1~:'4 .4r-;:l1..., ..,"',., .I""'l~-' r~~-~o-~~~q ~q.~~ q~( ~~q ~(~~ q~( ~~q ~'(~l r'.\::J"I -~, W" ~I~~ ~;~ CITY OF WINTER SPRINGS D~FT U'NAPPROvro MINUTES DOMD OF ADJtJSTMENT SPEClAL MEETING - JANUARY 22: 2004 PAGe dor4 ADJOURNMENT "I MAKE A MOnON THAT WE ADJOURN." MOTION BY VlCE CHAIRMAN TA\''"LOR. SECONDED BY BOARD MEMBER DILLER. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters ~djoumed the Meeting at 8:02 p,m. RESPECTFULLY SUBM/ITED BY: DEBBIE FRANKLIN. DEPUTY CITY CLERK; AND PATRlCIA SCHRAFF ASSISTANT TO THE CITY CLERK APPROVED: <<- c:J~ THOMAS WATERS, CHAlRMAN BOARD OF ADJUSTME~ City Cl(r~\A<lI/I~ory Bo~rclt and Comm;t~'Board or AdjusllhenllAl1JlMlNVTES\012204 SPEC1.A.Ldoc: NOTh The$( Minulell \lrert appro-eel It 1M I 2004 BO~Td or Adju:lrnt:nl Special MHtlng, FEB-1S-20e4 14:24 .1t:l", ..,..,., ......c-":l TOTAL p.es TOTAL P.04 I I I ~i J~ ~~:~ 'r:1 ;~ ;,' C:13 39\1d , /. " J/r''1'; 'Lilt j /1:' : l.'I :- " i .-: .' I .'. i -: : : " I, : ;:: ~ ~ ~ ~ :::; '.' . .... : ~ : : ~'i. ~~ ~ ! ", I i 8055\1 N9153G ~O~d -'1 i '!<: . . .:. i::: f~.:<:: 1),:::::: : if.. . '. , > ~ ~ ~ : :1' : .' . . . .'~ . <::::::I!i: . .', '. '-1: . . '. . <IE' II. .. ..,. "i!I,!I!!!li!! ::::: :~~:::::::::: : :::::~!::::::::~: ......,...... .... " .'. . .oi .... '. . Illll'illlllllll: i . . , ~ t ... SlI~ h'U 5-; ~ ~!!..~!: I I 1f I I U~~. ! I i II 1M I I I I . I i · ~ i I! i' B! ~. r 51 ....... 1 I\i I;; i I . ii ~i I; t~ il I. II ~I 6~ is Ii II II II :~~T ~V :Gii. ~liJij .~ .... . . . . ','. :::: : : : : : ~ :,.,." :i;l~ .i!:;! ~~ ~~ S"snnr ':-':-'("'';'' . . .~ .: ~ ~ ~ ri ~ ~ :0 , . : : ~ o I ';iii' 'g' .I~" \ \ \ \~ :, !.i \ ~\i 'Iii ,.Rt, ~I !~I l>l>9C:868L13l> :}; ~? -:.:;.; A. ~;~:. !I ,;; ~ l...- , -. ..." '.",' ";j" .~:l, :,.. ~;, 69 -- -"' ..." .... ... ".-'rdif fi'..:f' ," ,. 'fCP~~~dWlU.."'~'" ':'Ill~t ~~~~ ~:m t1:~ " i llil ..-.- , ",I:! I':" :1.'j i:;:,: ~iii ~.~~ n l>1313C:/EI/C:13 , ._..1 ~ t : 'I I i:,v~g iiill !ill~~i ~' ~b ~'I ii Ii' I' " i " a " i " ". .:. fl ~:Jj!:: ~~~~ g .., iIIi&U ' ..... ~ l!JriI " ~: ~ !'" w \!j~ 'il f~ ;;~ ~!'i 1:l<1 ~~ ll~ I !I !; :J.z ==:::.... llDl_....:'L:-'-::: IrollJO'lJ ~NIHGS HJJ.NlM _...::::..-:::=.._ S3r/OHNMOl a'lo~ 550ft '--..-,-- ro., aN';' try a'lo~ 3l'llS NIfl,L311S 3S1l 1VN01ll0NOO MEMORANDUM TO: Honorable Mayor and City Commission FROM: John C. Balker, AICP~&- Ronald W. McLemore ~ THRU: DATE: February 18,2004 RE: Moss Road Town-Homes Conditional Use Request The City is participating in several expensive projects to improve the SR 434 Redevelopment District and surrounding area. Staff has been negotiating with the owner of the proposed town- home site, in hopes of producing a mutually beneficial upgrade for the area. These negotiations need additional time to come to an optimal solution. A large sign has been placed along SR 434, stating the date of this hearing. Please consider postponing this discussion to a time-certain date of the March 22 City Commission meeting.