HomeMy WebLinkAbout2011 06 27 Informational 101 Excelsior Business ParkCOMPCITY COMMISSION AGENDA
ITEM 101
June 27, 2011
Meeting
Consent
Information
X
Public Hearin
Regular
Mgr. / Dept
REQUEST: The Community Development Department -Planning Division is providing information
to the City Commission regarding the history of Excelsior Business Park.
SYNOPSIS: At the June 13, 2011 meeting, the City Commission approved a waiver request to
Section 20 -417 of the City Code for Park Manor Academy to allow a 6 -foot tall vinyl fence in place of
a required 6 -foot tall wall along a small portion of the property that abuts a multi - family residential
use. During the presentation, staff indicated that the adjacent parcel to the west (known as
EZYield.com) has a 6 -foot tall vinyl fence along their rear property line to buffer their commercial use
from the adjacent multi - family residential use. Several questions were asked by members of the
Commission regarding the history behind the fence on the EZYield.com property. As a result, staff is
providing a detailed history of the Excelsior Business Park development. The main elements of this
history are as follows:
• No waivers were requested or granted for fencing on the subject parcels with the exception of
the June 13, 2011 waiver.
• All fences were constructed in accordance with the codes in effect at the time of site
construction.
• Subject to the permit on the Moss Road Office building (1988), the wood fence was removed
(after 1995) and has not been replaced. Staff is investigating possible remedial action on this
site.
• EZYield.com was constructed with a fence in 1990 as allowed by the codes in effect at that
time.
• In 2000, the City Code changed to require a block wall.
• The waiver granted by the City Commission on June 13, 2011 for Park Manor Academy was
an effort to maintain consistency with the EZYield.com fence along the south property line for
a short distance of the Park Manor Academy southern property line.
June 13, 2011
City Commission, Item 101
Page 2 of 4
CONSIDERATIONS: Excelsior Business Park is a platted, seven lot commercial business park
located at the intersection of Moss Road and Excelsior Parkway. On February 13, 1989 the City
Commission approved a site plan permitting the construction of the subdivision including a required 6-
foot fence along the perimeter of the development. In 1989, the development was bordered by multi-
family residences to the north and south. At the time of site plan approval, the property and the
surrounding area, including the multi- family residences was zoned C -1 (Neighborhood Commercial).
In 2000, the City designated the Moss Road area as a redevelopment area in order to qualify for state
and federal funds. As a result, Resolution 2000 -12 was adopted by the City Commission to initiate
redevelopment of this area. The City formed a public - private partnership with the nonprofit Wyman
Fields Foundation to rehabilitate 188 multi - family residential units in the area surrounding Excelsior
Business Park. In an attempt to secure title insurance, land acquisition, development loans, and end -
loans to homeowners, the City Commission adopted Ordinances 2001 -24 and 2001 -25 that changed
the future land use designation of Excelsior Business Park and the surrounding 36.21 acres to Medium
Density Residential, and rezoned these properties from C -1 (Neighborhood Commercial) to R -3
(Multi - family Residential). According to a March 23, 2004 article in the Orlando Sentinel, the Wyman
Fields Foundation went out of business in 2003.
The site plan for Excelsior Business Park was approved for office /warehouse uses. The developer of
the project was the Excelsior Development Company. Along with approval of the site plan, a
Declaration of Restrictive Covenants was recorded in the public records of Seminole County on
January 11, 1990. These covenants established a mandatory property owners association. A search of
SUNBIZ.org (Florida Department of State Division of Corporations website) does not reveal a
Property Owners Association for Excelsior Business Park. A search did reveal Excelsior Properties,
Inc., which is inactive. The last annual report for Excelsior Properties, Inc. was filed in 1996. An email
from the owner of EZYield.com to the owner of Park Manor Academy indicates the property owners
association was dissolved in the 1990's.
The approved site plan for Excelsior Business Park shows a 6 -foot high wood fence that was proposed
for construction along the northern boundary of the development and along the southern boundaries of
Lots 5, 6, and 7 and a part of the adjacent Moss Road Office Complex which was not included in
Excelsior Business Park. An existing fence 6 -foot fence was shown on this plan on a portion of the
adjacent Moss Road Office Complex. On April 23, 1990, Lot 6, which is currently the site of the EZ
Yield. com building (located to the west of Park Manor Academy) received site plan approval from the
City Commission. On the Lot 6 site plan, an existing 6 -foot high treated wood fence is shown along the
length of the rear property line that abuts the adjacent multi - family residential development. It appears
that the fence was constructed to serve as a buffer between the existing multi - family residential units
and the Excelsior Business Park. Furthennore, a building permit was found from 1988 forthe erection
of a 6 -foot wood fence at 207 North Moss Road, which is the Moss Road Office Complex, located to
the west of the EZYield. com building. This office complex is not a part of the Excelsior Business Park.
The permit does not state how many linear feet of fencing was proposed for construction.
On November 21, 1995, the City of Winter Springs Code Enforcement Board considered a case in
regards to a rotting fence at the Moss Road Office Complex. The case number was 95013450. The
June 13, 2011
City Commission, Item 101
Page 3 of 4
Code Enforcement Board voted to give the owners of the park, Lee and Salvatore Munizzi, 30 days to
correct the violation, or pay a $100.00 per day fine if the violation had not been corrected after 30 days.
According to the City's Code Enforcement Officer, the owners of the park repaired the fence within
the 30 day window.
On February 22, 2010, the City Commission unanimously approved a site plan for Park Manor
Academy. On the site plan, a 6 -foot masonry wall was provided adjacent to the multi - family residential
area, and was only required where the subject property abuts the adjacent multi - family development. The
staff report that was presented to the Commission stated "Section 20 -417 of the City Code requires a six
(6) foot tall masonry wall be constructed along theportion of the site which abuts residentialproperties.
Since the other commercial sites along Excelsior Parkway abutting these units have a vinyl fence
separating the different uses (built before the wall requirement was adopted), the applicant desires to
extend the vinyl fence. The site plan can be approved with the six (6) foot masonry wall and the
applicant may subsequently apply for a waiver of the wall requirement to extend the six (6) foot tall vinyl
fence. In this way, the applicant may proceed without further slowing the process. "The site plan was
approved by the City Commission subject to providing the masonry wall as depicted on the plans, or
subsequently receiving a waiver from the wall requirement to extend a 6 -foot tall vinyl fence along the
adjacent multi - family residential property to the southwest.
Subsequent to the June 13, 2011 City Commission meeting, staff conducted research in the Building
Department's records relating to the vinyl fence on the EZYield.com property. The Building
Department's records indicate a fence permit was applied for on February 19, 2008 at the EZYield.com
property. This permit was for 84 -feet of 6 -foot high black aluminum, 120 -feet of 42 -inch tall black
aluminum, and 158 -feet of 42 -inch tall tan PVC fence, but not a 6 -foot high vinyl fence. The fence
permit application was denied by staff on the initial review. Subsequently, a letter was sent to the
Building Department that indicated the property owner no longer chose to proceed with the fence
permit application. This permit application did not address the 6 -foot high vinyl fence that serves as a
buffer along the rear of the property. It did apply to non - required fencing between properties in the
Excelsior Business Park.
In 2011, it was discovered by staff during a field visit that EZYield.com currently has a 6 -foot high
vinyl fence along the rear portion of the property which abuts the multi - residential development,
consistent with what Park Manor Academy received a waiverto install. The staff recommendation for
the Park Manor Academy site plan (approved in 20 10) was based on the continuation of the vinyl fence
along the rear property line of Excelsior Business Park. Furthermore, the recommendation for approval
for the waiver to the wall requirement that was approved on June 13, 2011 was carried over from the
site plan approval recommendation.
Section 20 -417, which requires a 6 -foot high block wall between residential and commercial
developments was adopted in 2000, ten years after EZYield.com received site plan approval. As
mentioned above, the approved site plan for EZYield.com shows an existing 6 -foot high wood fence.
At some point the wood fence was replaced with a vinyl fence. However, the approved site plan for
Excelsior Business Park allows a wood fence as a buffer between the adj acent multi - family parcel and
the subject property.
June 13, 2011
City Commission, Item 101
Page 4 of 4
SUMMARY OF FINDINGS:
• No waivers were requested or granted for fencing on the subject parcels with the exception of
the June 13, 2011 waiver.
• All fences were constructed in accordance with the codes in effect at the time of site
construction.
• Subject to the permit on the Moss Road Office building (1988), the wood fence was removed
(after 1995) and has not been replaced. Staff is investigating possible remedial action on this
site.
• EZYield.com was constructed with a fence in 1990 as allowed by the codes in effect at that
time.
• In 2000, the City Code changed to require a block wall.
• The waiver granted by the City Commission on June 13, 2011 for Park Manor Academy was
an effort to maintain consistency with the EZYield.com fence along the south property line for
a short distance of the Park Manor Academy southern property line.
FISCAL IMPACT: None.
COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The
Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlert/eCitizen Recipients;
And Is Available On The City's Web site, Laser Fiche, And The City's Server. Additionally, Portions Of
This Agenda Item Are Typed Verbatim On The Respective Meeting Agenda Which Has Also Been
Electronically Forwarded To The Individuals Noted Above; And Which Is Also Available On The City's
Website, Laser Fiche, And The City's Server; Has Been Sent To City Staff, Media/Press Representatives
Who Have Requested Agendas /Agenda Item Information, Homeowner's Associations/Representatives
On File With The City, And All Individuals Who Have Requested Such Information; And Has Been
Posted Outside City Hall; Posted Inside City Hall With Additional Copies Available For The General
Public; And Posted At Five (5) Different Locations Around The City. This Agenda Item Is Also
Available To Any New Individual Requestors. City Staff Is Always Willing To Discus's This Or Any
Agenda Item With Any Interested Individuals.
RECOMMENDATION: The City Commission is being asked to review and accept the information
in this agenda item.
ATTACHMENTS:
A: Sheet 6, Approved Site Plan — Excelsior Business Park
B: Sheet 2, Approved Site Plan, Lot 6 — Excelsior Business Park
C: Aerial photo
o�
5 03
El
w
x
U
E
El
/
6`P -R1-
C
z 3°
z : / X
�F
Q
< n se\
q o
\ \ \ \ \ \\ \ \\ \\ \\
° 9
RRR S
`s m
Jl.!�
J h
a
co
z
a
U
(/1
Z
J
r
i
vo
-_-
I�
1
�I a
o
11,1
z
o g o II
� q
e V I I
I I
I j eetz � �-
I
J
N "b d Va
oa
u
0
FT
F
fi
E
E
r
i
vo
-_-
I�
1
�I a
o
11,1
z
o g o II
� q
e V I I
I I
I j eetz � �-
I
J
a
,
9A `
f �
• q. l�
Pr
f 4
ALP
Ar
• � t
,
r
w ,
T
,
- -
s ,
L �
cr
f 5 � is � i °' 6 � .i •r #..
.� <::� r. .- '' .' 7 i'.� � F r � .��'- .. e r {. pl- — '�' e ■ �? a71�S .. �. II