HomeMy WebLinkAbout2004 06 28 Public Hearings 408
CITY COMMISSION
AGENDA
ITEM 408
Consent
Informational
Public Hearing X
Regular
June 28. 2004
Meeting
~ Iff
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-l (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 CPH Engineers, on
behalf of Morrison Homes, the applicant, to allow multiple-family residential units [town-homes]
as a conditional use in the C-l (Neighborhood Commercial) zoning district. The subject property
is on the north side of SR 434, generally west of Sheoah Boulevard, between the Winter Springs
Golf Course and the Golf Terrace Apartments.
APPLICABLE CODE:
Sec. 20-234. Conditional Uses.
(a) Multiple-family residential units may be permitted 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.
Sec. 20-82. Duties and powers, general.
June 28, 2004
Public Hearing Item 408
Page 2
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:
b. To hear and make recommendations to the city commission on special
exceptions as authorized under the terms 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 ofthe 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
time 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 C-l 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.
(b) All such applications will be process within sixty (60) days of receipt of same.
June 28, 2004
Public Hearing Item 408
Page 3
(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 of the 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 of the 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.
(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
June 28, 2004
Public Hearing Item 408
Page 4
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 of the 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 oftime 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 was included as part of the Highlands, Section 3 (Plat Book 17, Pages 48 and 49, 1972).
The approximately 15 acre site is depicted as a separate parcel by the Seminole County Property
Appraiser's office. A final subdivision plat to properly create this lot may be required before a
site or subdivision plan may be approved.
The site has C-1 zoning and a Commercial Future Land Use (FLU) designation. No maximum
density is provided in the Comprehensive Plan for property with a Commercial FLU designation.
The applicant proposes 99 townhouse units on 15 gross acres (total site, including both uplands
and wetlands; the Comprehensive Plan sets forth density for the residential designations per gross
acre) - a density of 6.6 dwelling units per acre. This proposed density is consistent with that of a
Medium Density Residential Future Land Use designation (3.6 - 9.0 dwelling units per acre).
For comparison, the adjacent Golf Terrace Apartments site has a High Density Residential FLU
designation, which allows 9.1 to 21 dwelling units per acre.
The treed site abuts properties with recreational, multifamily, vacant, and commercial properties.
To the north is the golf course, to the east is the golf course country club/restaurant site, to the
west are Fountaintree Drive and the Golf Terrace Apartments, and to the south, on the opposite
side of SR 434, is an area outside of the City boundaries. There is an approximately 1 acre
triangular shaped parcel (the Casselberrys' property) that is located on the north side ofSR 434
and abuts this site but is not a part of the City.
Another applicant (Davis Heritage) requested a conditional use to construct apartments on this
parcel in 2003. A controversy over affordable housing and City financial involvement led to the
applicant withdrawing the application. In contrast, this is a townhouse development, where the
property is subdivided and individual sites are owned. Staff would not object to condominiums
at this same site (town-homes require subdivision since the land is subdivided, but
condominiums require a site plan since, although the units are individually owned, the land
remains in common ownership and is not subdivided).
June 28, 2004
Public Hearing Item 408
Page 5
A concept subdivision plan is provided for this review. Conditional use approval does not
convey any subdivision approval and does not vest the applicant for anything depicted on the
plans that may be inconsistent with City regulations (although staff did a brief review of the plan
and found it generally consistent with Code). A full subdivision plan submittal and review is
required before any site work may begin. Additionally, the City adopted Ordinance No. 2003-43
in January, which requires an applicant to demonstrate that the development meets the City's
aesthetic review standards. No building permit may be issued for the site without this approval.
Further, any subdivision requires a final subdivision plat, consistent with Chapter 177, Florida
Statutes and Chapter 9 of the City Code of Ordinances, before a building permit may be issued.
CHRONOLOGY:
May 3,2004 - Conditional Use application and fee received by City
June 3, 2004 - BOA recommends approval
FINDINGS: 1. The site has a C-l zoning and a Commercial Future Land Use (FLU)
designation.
2.Stafffinds the concept of multi-family development within the C-l zoning
district, at this location, to be consistent with the general zoning and with the
public interest. This finding did not address specific site-plan issues. Those issues
will be addressed during the site-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 a moderate residential density).
BOA ACTION:
At its regularly scheduled meeting of June 3, 2004, the Board of Adjustment
recommended that the conditional use request be approved.
STAFF RECOMMENDATION:
The Board of Adjustment and staff recommend that the City Commission
approve the conditional use to allow multi-family development, at a density of 6.6
dwelling units per gross acre, in the C-l (Neighborhood Commercial) zoning
district at this approximately 15 acre site, pursuant to Section 20-83 and Section
20-234 of the Zoning Chapter of the City Code of Ordinances.
CITY COMMISSION ACTION:
June 28, 2004
Public Hearing Item 408
Page 6
ATTACHMENTS:
A - Authorization
B - Conditional Use Application
C - Draft BOA Minutes
D - Concept Design
ATTACHMENT A
LETTER OF AUTHORIZATION
As authorized agent for the real property more particularly described below and made a
part thereof, I authorize CPH Engineers, Inc., its designated representatives, designated
consultants and counsel to submit any and all applications related to the conditional use
permit for the property described below.
Parcel LD.:
33-20-30-515-0102-0000
~
tor Morrison Homes, Inc.
STATE OF FLORIDA
COUNTY OF O~L
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state
aforesaid and in the County aforesaid to take acknowledgements, the fC!regoing
instrument was acknowledged before me by ~ffiN ~ -r t "-J
who is personally known to me or who has produced identification.
-
WITNESS my hand and official seal in the County and State last aforesaid this M
day of ~(LV _ 2004. . .
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ATTACHMENT C
CITY OF WINTER SPRINGS
. DRAFT UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
JUNE 3, 2004
I. CALL TO ORDER
The Board of Adjustment Regular Meeting of Thursday, June 3,2004 was called to order
at 7:00 p.m. by Chainnan Thomas Waters in the East Conference Room of the Municipal .
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Thomas Waten. pte6ent
Vice Chairman Jack Taylor, absent
Board Member Gary Diller,'present
Board Member Kathryn Fairchild) present
Board Member Howard Casman, present
Board Member Kathryn Fairchild led the Pledge of Allegiance.
Under HAgenda Changes," the Regular Agenda Item was pulled by the reconunendation
of the City Attorney, Anthony Garganese,
II. CONSENT AGENDA
CONSENT'
A.. Approval Of The May 6, 2004 Regular Meeting Minute~.
"I MAKE A MOTION WE APPROVE mE MINUTES AS PRESENTED."
MOTION BY :BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER
FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE
MOTION WAS APPROVED.
MOTION CARRIED.
III. PUBLIC HEARINGS AGENDA
P\i8UC HEAIUNGS
COlDmlUlity Development Department
A. Request For A Conditional Use To Allow Multiple Family Dwellings In The C.]
(Neighborhood Commerdal) Zoning District, Pursuant To Section 20-234. Of The
Zoning Chapter or The City Code Of Ordinances.
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CITY OP WINTER SPRINGS
DRAFT WAPnOVED MtNUTIiS
BOAlJ) OF ADJUSTMENt'
REGULAR MEETING - JUNE 3, 2004
PAOE 2 OF 4
Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Conununiry Development
Department presented the Agenda Item.
Ms. Sahlstrom said, uStaffis recommending approval of this Item."
Mr. Zavier Omana. CPH Engineers, Vice President, Planning Operations. 500 w: Fullon
Street, Sanford. Florida: Mr. Omana indicated, "This will not be affordable housing.
This will not be · Scx:tion 8' housing. These will be townhomes developed by Morrison
Homes in the range of - S150,Ooo,00 - $170,000.00 (one hundred fifty thousand dollm-
one hundred seventy thousand dollars) plus."
Chairman Waters asked. 'C}iow much tree removal do you anticipateT' Mr. Omana said,
"We do not know at this tiine.." Mr. Omana added, "We will make every attempt to save
as many of the trees out there." Chainnan Waters added, "Can you work around all the
wetlands or, are you going to mitigate any?" Mr. Omana said, "We are trying.to work as
much as possible to keep the wetlands." Chainnan Waters said, "You say you will make
it.[mitigate] offsite?" Mr. Omana said, "That is one of the options. Our initial intent is to .
mitigate onsite."
Chairman Waters opened the "Public /1Jput " portion o/the Agenda Irem.
Ms. Laura Reeve..J, Property Manager, Golf Terrace Apartments, 1 Laurel. Oaks D,.ive,
Winter Spring.!, Flan'do.: briefly addressed the Board.
Ms, Sahlstrom said to Ms, Reeves, "Usually, Laur~ the City [Winter Springs] will
require development to have secondary access points." Ms. Sahlstrom added, "The City's
position and Staff is going to be that we very much do want a connection between the two
(2) projects:'
Chairman Waters confinned with Ms, Sahlstrom, "In this particular case, we do not have
to meet the six (6) [Variance] Qiteria.". Ms, Sahlstrom agreed.
Thet'e was na other "Public Input ".
"I MAKE A MOTION THAT WE RECOM:MEND APPROVAL OF mE
'CONDITIONAL USE" TO ALLOW MUL TI FAMILY DEVELOPMENT AT A
DENSITY OF 6.6 (SIX POINT SIX) DWELLINGS UNITS PER GROSS ACRE IN
A 'e-I' NEIGHBORHOOD COMMERCIAL ZONING DISTRICT AT THIS
FIFrEEN (15) ACRE SITE." MOTION BY BOARD MEMBER DILLER.
SECONDED BY BOARD MEMBER CASMAN. DISCUSSION.
CHAIRMAN WATERS SAID, "IF YOU VOTE 'YES', YOU ARE VOTING TO
RECOMMEND THE [CIT SSION TO APPROVE IT. IF YOU VOTE
'NO', YOU ARE VOTING DENSITY OT TO APPROVE IT. CORRECT?"
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CITY OF WtNTEkSl'lUNCiS
DRAFT UNA11'R.OV~ MINUTES
BOARD OF ADJUSTMtNT
R.EGULAR MB61'lNO - J\.JNB 3, 2004
PACia 3 OF 4
VOTE:
BOARDMEMBERCASMAN: AYE
CHAIRMANWATERS: AYE
BOARD MEMBER FAIRCIDLD: AYE
BOARD MEMBER DILLER: AYE
MOTION CARRIED.
IV. REGULAR AGENDA
Ri:GtJLAR
CommllDity Development Departlnetlt
A. Request For A Variance By Dei!) Finch From Section 20.103. or The City
Code Of Ordinances, To' Encroach 4 Feet (4') Into The is Foot (IS') Rear Building
Setback To Replace An ElIsttng Screened Porch Or Florida Room At The Rear Of
The House.
This 'Agenda Item' has been pulled by the City Attorney, Anthony Garganese.
V. FUTURE AGENDA ITEMS
No discussion.
VI. REPORTS
In other business, discussion ensued regazdlng the status ofprevious Agenda Items.
Ms. Sahlstrom informed the Board Members that the next Audio Conference Training,
lLand Use, Planning, and Environmental Law' will be Wednesday, June 23, 2004 from
, 4:00 p.m. to 5:30 p.m. in the Commission Chambers.
Board Member Diller announced that he does not wish to be reappointed to the Board of
Adjustment.
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VII. ADJOURNMENT
Chairman Waters asked, "Do I have a Motion to Adjourn?"
CITY OF Wum::ll SPRJNCiS
DRAn UNAPPROVED MlNlTTES
BOARD OP ADJUSTMENT
ItEGULAR MEETING - JUNE ), 20D4
rAOE40F4
"SO MOVED." MOnONBY BOARD MEMBER DILLER. SECONDED.
DISCUSSION. WITH CONSENSUS OF THE BOARD TIrE MOTION WAS
APPROVED.
MonON CARRlED.
Chairman Waters adjoumed the Meeting at approximately 7;36 p.m.
RESPECTFULLY SUBMlTTED BY:
JOAN 1. BROWN
DEPUTY CITY CLERK
APPROVED:
.THOMAS WATERS. CHAIRMAN
BOARD OF ADJUSTMENT
NOiE: Th_ Minlllel were approved ,t the
. 2004 Soard or Adjllmnm\ Rell\llar Meetinf).
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ATTACHMENT B
. ,
,BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER'SPRINGS, FL .32708-2799
( 40 7 ) 3 2 7 - 18 0 0'
)1f1J tj'rflJ 7
FOR:
x
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE \
AD~INISTRATIVE DECIS-rO~
APPLICANT: CPH ENGINEERS,. INt./JAVIER E,.;, O~Pl}Wt1E,
ADDRESS: 111'7, E. ROBI~SON ST., O~LANDq".FL 32801
CONDITIONAL USE ~O ALLO~ FOR'~~SIbE~TIAL
2 PURPOSE OF REQUEST:. .
USE PER SECTI~ 20-234 OF THE CITY OF WINT~K ~PKING~ CUU~
OF ORDINANCES.
1.
407-425-0452,
3. ATTACH A COpy OF THE PARCEL SURVEY.
4. ATTACH AN 11 x'17 HAP SHOWING THE SGBJECT PROPERTY AND
SURROUNDING PARCELS.
5. ATTACH LEGAL'DESCRIPTION.
6.
TAX,PARCEL ~DENTIFICATION NUMBE~:
'33-20-30~515-0I02~OOOO
, ,
7. LOCATION 'OF PARCEL (street A'ddrE!s's 'aI1d/or ,:Nearest Cross
Streets): SR 434/FOUNTAINTREE DRIVE "
8.
PRESENT ZONING:
C-1 .
FUT~RE ,LANI) USE:
'COMMERCIAL
By Signing belo~' I understand that City of Winter Sp~ings Officials
may enter upon my property to inspect. that portion, as relates to
this application;
(If the applic~nt is not the owner of the subject property, the
applicant must attach a letter of authorization signed by the
owner) ,
J VIER E.
\
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PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, DECISIONS
MADE AT THESE MEETINds/HEARINGS, THEY WItL NEED A,RECORb OF THE
PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A .
VERBATIM'RECORD OF THE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH i '
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE):!
BASED, PER SECTION 286.0105. Fr.(,,)~TTHI ~"'Il"'TTrt"t;\o 'J'
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REceiVED
JUN 1 8 2004
CITY OF WINTEf~ SPRINGS
Current Planning;
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ORLANDO, FLORIDA
LAND USE SUMMARY
TOTAL SITE AREA ==
TOTAL UNITS ==
GROSS DENSITY ==
14.99 AC.
99 UNITS
6.6 U/AC.
CONCEP-rUAL SITE PLAN
PREPARED FOR: MORRISON HOMES
JUNE 3, 2004