HomeMy WebLinkAbout2012 04 04 Public Hearings 500 Re-Approval of Conditional Use for Hayes Road PlazaPLANNING &ZONING BOARD
AGENDA
ITEM 500
April 4, 2012
Meeting
Consent
Informational
Public Hearing X
Regular
Mgr. /Dept
REQUEST: The Community Development Department - Planning Division requests the
Planning &Zoning Board /Local Planning Agency hold a public hearing for the re- approval of a
Conditional Use for Hayes Road Plaza, located on the southwest corner of the intersection of
Hayes Road and SR 434 to allow a 24 -hour convenience store without gas pumps in the C -1
(Neighborhood Commercial) zoning district.
SYNOPSIS: The applicant is requesting re- approval of a Conditional Use to permit a 24 -hour
convenience store without gas pumps at the Hayes Road Plaza site, which is located in the C -1
(Neighborhood Commercial) zoning district. Per Section 20 -36 (a) of the Code of Ordinances,
the approval period of the Conditional Use is 2 years from the date of City Commission approval
unless a building permit based on and incorporating the Conditional Use has been issued for the
affected property. No building permit has been issued for this property and the Conditional Use
has since expired. The Conditional Use was originally approved on January 26, 2009, and
expired on January 26, 2011. Per Section 20 -36 (a), once this approval expires, it is deemed null
and void. The applicant has indicated that he has secured financing for the project and is ready to
proceed.
CONSIDERATIONS:
FUTURE LAND USE AND ZONING DESIGNATION
FLU: Commercial
Zoning: C -1 (Neighborhood Commercial)
APPLICABLE LAW &, PUBLIC POLICY
City Code of Ordinances, Chapter 20, Section 20 -33. Conditional Uses
City Code of Ordinances, Chapter 20, Section 20 -36 (a). Expiration of conditional use, variance
and waiver approvals.
April 4, 2012
Public Hearing Item 500
Page 2
City Code of Ordinances, Chapter 20, Section 20 -234 (4). Conditional Uses
DISCUSSION: On January 26, 2009, the City Commission approved a Conditional Use on the
subject property to permit a 24 -hour convenience store without gas pumps. Per Section 20-
234(4), convenience stores are permitted only with a Conditional Use approval in the C -1
zoning district.
The 1.99 acre site is located on the southwest corner of the intersection of Hayes Road and SR
434. Hayes Road Plaza is proposed as a 17,128 square foot single -story shopping center that
includes a 24 -hour convenience store without gas pumps as one of the uses. Convenience stores
are permitted only with a Conditional Use approval in the C -1 zoning district. Per Section 20-
3 6 (a), the approval period of a Conditional Use is 2 years unless a building permit based on
and incorporating the Conditional Use has been issued on the affected property. No building
permit has been issued on this property and the Conditional Use approval has since expired.
Per Section 20 -36 (a), once this approval expires, it is deemed null and void. In March 2012,
the applicant submitted building plans for the shopping center that proposes the convenience
store as one of the uses in the center. During the review of the building plans, it was determined
that the Conditional Use had expired. As a result of this situation, the applicant is requesting re-
approval of the Conditional Use.
CHRONOLOGY:
• February 22, 2006 — Concept plan for a 20,100 square foot commercial center was
submitted.
• January 22, 2007 - Preliminary engineering /site plan approved by Commission.
• March 7, 2007 - Aesthetic review package was submitted.
• January 5, 2007 — Revised aesthetic review plans submitted to City.
• March 29, 2007 — Final engineering /site plan and 2 nd aesthetic review packages received.
• November 14, 2007 — Final engineering /site plan approved by Commission, subject to
conditions.
• December 10, 2007 — Commission directed the applicant and City's consultant to modify
building aesthetics
• March 6, 2008 — Applicant, City's consultant, staff and City Manager address aesthetic review
• March 24, 2008 - Aesthetic Review approved by the City Commission.
• January 15, 2009 — Board of Adjustment voted 4 -1 to recommend approval of the
Conditional Use.
• January 26, 2009 - Conditional Use was approved by the City Commission.
• January 26, 2011 — Conditional Use approval expired.
FINDINGS: Pursuant to Section 20-33(d) of the City Code, "all conditional use
recommendations and final decisions shall be based on the following criteria to the extent
applicable:
April 4, 2012
Public Hearing Item 500
Page 3
(1) Whether the applicant has demonstrated the conditional use, including its proposed scale and
intensity, traffic - generated characteristics, and off -site impacts, is compatible and harmonious
with adjacent land uses, and will not adversely impact land use activities in the immediate
vicinity. "
The applicant's traffic analysis demonstrates that the traffic will function adequately, given the
engineered ingress and egress (curb cuts onto SR 434 and Hayes Road and across- access
easement to the property to the west). A convenience store does not appear to have an adverse
impact on land use activities in the immediate vicinity as it is proposed to be constructed on the
City's main commercial thoroughfare (SR 434).
(2) "Whether the applicant has demonstrated the size and shape of the site, the proposed access
and internal circulation, and the design enhancements to be adequate to accommodate the
proposed scale and intensity of the conditional use requested. The site shall be of sufficient size
to accommodate design amenities such as screening, buffers, landscaping, open space, off - street
parking, and similar site plan improvements needed to mitigate against potential adverse
impacts of the proposed use. "
The shopping center was designed with a 6 foot -tall painted stucco masonry wall adjacent to the
Hacienda Village residential community and the lighting will not spill off -site. Per Section 20-
417 of the City Code of Ordinances, this wall is required to be constructed adjacent to the
residential area. The number of parking spaces (1 space per 300 S.F. of general business or retail,
pursuant to Subsection 9 -277 (27) of the City Code) provided for the site is 76 (53 standard, 19
compact, and 4 handicap), exceeding the required 57.
(3) "Whether the proposed use will have an adverse impact on the local economy, including
governmental fiscal impact, employment, and property values. "
Staff believes that this addition will have no negative effect on the local economy, government
fiscal impact, employment, or property values. Staff acknowledges that there will likely be
increased competition for the existing adjacent convenience store (the existing gas pumps at the
adjacent site are "grandfathered" under Subsection 20 -418 (d)).
(4) "Whether the proposed use will have an adverse impact on the natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space, noxious and
desirable vegetation, and flood hazards. "
Staff believes that the proposed conditional use will not have an adverse impact on the natural
environment as the immediate vicinity is approaching build -out and is not in a "natural" state.
(5) "Whether the proposed use will have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and historic
resources.
April 4, 2012
Public Hearing Item 500
Page 4
No known cultural or historic resources are known to be on this site. The site has been reviewed
and approved pursuant to the City's site plan (engineering, landscape, irrigation, etc.) and
aesthetic review criteria.
(6) "Whether the proposed use will have an adverse impact on public services, including water,
sewer, surface water management, police, fire, parks and recreation, sheets, public
transportation, marina and waterways, and bicycle and pedestrian facilities. "
Adequate facilities are in place to support the proposed use, in conjunction with the approved site
plan.
(7) "Whether the proposed use will have an adverse impact on housing and social conditions,
including variety of housing unit types and prices, and neighborhood quality. "
The provision of a convenience store at this location in a shopping center should not have any
adverse impact on housing and social conditions, housing unit types and prices, and
neighborhood quality.
FISCAL IMPACT: The re- approval of a Conditional Use for Hayes Road Plaza is anticipated
to create a positive fiscal impact which will allow the development of the shopping center with
the convenience store component. Development of the shopping center is anticipated to create
jobs and add commercial taxable value to the City.
COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been
forwarded to the Planning and Zoning Board members and are available on the City's Website,
LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City
Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been
sent to media /press representatives, all Homeowner's Associations on file with the City, all
individuals who have requested Agenda information, Department Directors; and also posted
outside City Hall; posted inside City Hall with additional copies available for the general public.
A yellow sign noting the date and time of the public hearing has been erected on the property.
STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board
forward a recommendation of approval to the City Commission for re- approval of a Conditional
Use for Hayes Road Plaza to permit a convenience store without fuel pumps in the C -1
(Neighborhood Commercial) zoning district.
ATTACHMENTS:
A. Minutes - January 15, 2009 Board of Adjustment meeting
B. Minutes — January 26, 2009 City Commission meeting
Attachment "A"
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING
JANUARY 15, 2009
CALL TO ORDER
The Board of Adjustment Special Meeting of Thursday, January 15, 2009 was called to
Order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the
Municipal 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 Howard Casman, present
Board Member Linda Collins, present
Board Member Karen Paine - Malcolm, present
A moment of silence preceded the Pledge of Allegiance.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
Presents To The Board Of Adjustment (BOA) A Request For A Conditional Use To
Allow A 24 -Hour Convenience Store Without Gas Pumps Or Other Fueling Stations
At The Hayes Road Plaza (Located At The SW [Southwest] Corner Of SR [State
Road] 434 An Hayes Road).
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and stated, "We do recommend Approval, subject to fulfilling the City
Engineer's memo (dated January 14, 2009).
An "Engineering Review Comments" sheet dated January 14, 2009 was distributed to the
Board Members by Mr. Baker.
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING - JANUARY 15, 2009
PAGE 2 OF 4
Board Member Howard Casman asked, "Are the owners of Cumberland Farms here ?"
Mr. Baker responded, "They were notified. Letters went out to all the abutters."
Mr. Bruce Myrick, 3241 old Winter Garden Road, Orlando, Florida: spoke to the Board
Members as the Applicant of this Request and stated, "We are actually enhancing the
traffic flow of the area, but main thing — what we are trying to do is to put a high quality
center, which would bring employment, which would bring a higher tax base, which
would bring an aesthetically pleasing center to the area."
Discussion.
Mr. Kamit Gowni, 1348 Valley Pine Circle, Apopka, Florida: as the property owner for
this site, Mr. Gowni addressed the Board Members on this Request.
Chairman Waters asked, "Are the tanks still in the ground there ?" Mr. Gowni stated, "I
am going to take them out." Chairman Waters reiterated, "You are going to pull them ?"
Mr. Gowni answered, "Yes."
Discussion ensued on the medians.
Next, a letter dated January 14, 2009 was distributed to the Board Members regarding a
Franchise Agreement with 7- Eleven, Inc.
Chairman Waters opened the "Public Input " portion on this Agenda Item.
Ms. Carol Ziebarth, 400 La Vista Drive, Winter Springs, Florida: noted she was
concerned about the traffic, congestion and was opposed to this Request.
Discussion.
Ms. Antoinette Jardin, 15 La Vista Circle, Tinter Springs, Florida: spoke to the Board
Members about a wall to buffer the noise. Ms. Jardin asked, "When will this go to the
City Commission ?" Mr. Baker stated, "We have it scheduled for the 26 of this month."
Chairman Waters closed the "Public Input " portion on this Agenda Item.
Discussion ensued on the Masonry Wall.
Vice Chairman Jack Taylor suggested that the Drawings be larger. Mr. Baker responded,
"Okay."
Mr. Gowni further addressed the Board Members regarding this Request.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING —JANUARY 15, 2009
PAGE 3 OF 4
With discussion on the Wall, Mr. Myrick then stated, "It is a concrete -- block wall,
stucco on both sides and painted on both sides. It will run the entire length of Hacienda
Village where this development abuts Hacienda Village." Mr. Myrick mentioned that,
"As Mr. G owni said, he is the owner of the property — he will also be the owner and the
operator of the 7 -11, so it is not just a franchise or he is not just leasing it out to
somebody. He will be there on a day by day basis to make sure it is properly operated."
Chairman Waters called a Recess at 7:43 p.m.
The Special Meeting reconvened at 7:48 p.m.
Discussion.
Tape 11Side B
"I MAKE A MOTION TO APPROVE THE CONDITIONAL USE REQUEST BY
MR. MYRICK TO ALLOW A TWENTY -FOUR (24) HOUR CONVENIENCE
STORE AT THE CORNER OF HAYES ROAD AND [STATE ROAD] 434
SUBJECT TO THE CITY ENGINEER'S REVIEW OF THE TRAFFIC
ANALYSIS AND THE ASSOCIATED RECOMMENDATIONS." CHAIRMAN
WATERS ASKED, 66 YOU DID STATE IN THERE THAT YOU ARE BASING IT
ON STAFF'S CRITERIA?" VICE CHAIRMAN TAYLOR REMARKED, "YOU
CAN ADD THAT BUT IT IS A GIVEN," MOTION BY VICE CHAIRMAN
TAYLOR, SECONDED BY BOARD MEMBER PAINE- MALCOLM.
DISCUSSION.
VOTE:
BOARD MEMBER CASMAN: NAY
CHAIRMAN WATERS: AYE
BOARD MEMBER PAINE- MALCOLM: AYE
BOARD MEMBER COLLINS: NAY
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Office Of The City Clerk
Election Of Officers.
"I MAKE A MOTION WE KEEP THE OFFICERS AS THEY HAVE BEEN."
MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER
COLLINS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING — JANUARY 15, 2009
PAGE 4 OF 4
CHAIRMAN WATERS ASKED FOR CLARIFICATION ON THE OFFICERS
AND BOARD MEMBER COLLINS STATED, "CHAIRMAN -- TOM WATERS
AND VICE CHAIRMAN JACK TAYLOR."
VOTE:
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER PAINE- MALCOLM: AYE
BOARD MEMBER GASMAN: AYE
MOTION CARRIED.
ADJOURNMENT
Chairman Waters adjourned the Meeting at 7:58 p.m.
RESPECTFULL Y SUBMITTED:
/JOAN L. BROWN
( . PUTY CITY CLERK
APPROVED:
Y
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the May 21, 2009 Regular Board of Adjustment Meeting.
Attachment "B"
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2009
PAGE I I OF 30
"I WOULD LIKE TO MOTION FOR APPROVAL." MOTION BY
COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS.
DISCUSSION.
ATTORNEY GARGANESE SAID, "I WANT To CORRECT ONE THING IN
THE STAFF REPORT, AND RANDY (STEVENSON) HAS CONFIRMED THAT.
IF YOU LOOK AT THE FINDINGS 3., 4. AND 5.; IT SAYS THAT THE SITE
PLAN IS `INCONSISTENT' WITH THE COMPREHENSIVE PLAN OF CITY
CODE OF ORDINANCES. THAT SHOULD BE `CONSISTENT', NOT
"INCONSISTENT'."
VOTE:
COMMISSIONER BROWN: AYE
CoMMISSIoNER HOVEY: AYE
CoMMISSIoNER BONNER: AYE
DEPUTY MAYOR KREBS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department
Presents To The City Commission A Request For A Conditional Use To Allow A 24-
Hour Convenience Store Without Gas Pumps Or Other Fueling Stations At The
Hayes Road Plaza (Located A The S.W. [Southwest] Corner Of S.R. [State Road]
434 And Hayes Road).
Mr. John Baker, AICP, Senior Planner, Community Development Department introduced
this Agenda Item for discussion.
Discussion followed on the height of the wall being six (6') feet; and the Vote in the
Board of Adjustment supporting Minutes. Safety issues for this kind of a business, and
deliveries were also discussed
Mr. Bruce Myrick, 3241 Old Winter Garden Road, Orlando, Florida: representing the
Owner stated, "There is no rear access to the 7 -11 - all deliveries will be made at the
front."
Mayor Bush opened the "Public Input "portion of the Agenda Item.
Ms. Maureen Landgraff, 704 Silver Creek Drive, Winter Springs, Florida: spoke of costs
for public safety staffing; the retention area for stormwater run -off; sidewalks; access to
Hayes Road; and limited visibility near Hayes Road.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING — JANUARY 26, 2009
PAGE 12 OF 30
Ms. Carol Ziebarth, 400 La Vista Drive, Winter Springs, Florida: commented on the
Board of Adjustment Meeting Vote; that another area 7 -11 was not open twenty -four (24)
hours; turn - around access at this corner; the number of convenience stores in Winter
Springs on State Road 434; and beautifying the City in other ways.
Mr. Kamil Cowni, 1348 Valley Pines Circle, Apopka, Florida: spoke on this project and
stated, "I am going to be Owner /Operator."
Ms. Lori Birchill, 648 Pine Branch, Winter Springs, Florida: commented that 7 -11's
were nicer than other similar businesses; the convenience of a business being open
twenty -four (24) hours; and noted she was in favor of this project.
Mayor Bush closed the , Public Input" portion of the Agenda Item.
With further comments, Commissioner Bonner said, "I just wanted to verify with our
plan review people — all of the stormwater that would come from this site is handled and
we are not throwing extra run -off into Gee Creek and so on ?" Mr. Fields responded,
"That's correct."
"I WOULD LIKE TO FOLLOW THE RECOMMENDATION OF OUR BOARD
AND BASED ON THE INFORMATION WE HAVE JUST RECEIVED, I MAKE
A MOTION FOR APPROVAL." MOTION BY COMMISSIONER BROWN.
SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION.
ATTORNEY OAROANESE NOTED, "THERE WAS SOME DISCUSSION
ABOUT DELIVERIES BEING PROHIBITED IN THE BACK AND OCCURRING
IN THE FRONT, IS THAT A CONDITION TO THE MOTION ?"
COMMISSIONER BROWN STATED, "I MODIFY THE MOTION TO INCLUDE
THAT BEING A STIPULATION OF THE APPROVAL," MR. BAKER ASKED
"WOULD THAT BE FOR THE OTHER BUSINESSES AS WELL ?"
COMMISSIONER BROWN STATED, "YES0
Tape 2/Side A
ATTORNEY GARGANESE EXPLAINED, "PUTTING THAT AS A CONDITION
MAKES IT CLEAR, AND IT'S A BINDING CONDITION BECAUSE IT IS IN
YOUR MOTION."
COMMISSIONER BROWN RESTATED HIS MOTION SAYING, "MOTION
THAT WE APPROVE THE REQUEST OF THE APPLICANT WITH THE
STIPULATION THAT ALL DELIVERIES TO THE 7 -11 AND ANY OTHER
TWENTY -FOUR (24) HOUR BUSINESSES THAT MAY BE COMING INTO
THAT PLAZA, BE MADE TO THE FRONT OF THE BUILDING AND NOT TO
THE BACK." DEPUTY MAYOR KREBS NOTED, "MY SECOND STANDS."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2009
PAGE 13 OF 30
MR. STEVENSON REMARKED, `ALSO, WE NEED TO ADD INTO THAT -
UPON SUCCESSFUL REVIEW OF THE ENGINEERING STAFF OF THE
NEWLY RECEIVED TRAFFIC IMPACT STUDY." MAYOR BUSH STATED,
"IF IT IS IN THERE, IT IS IN THERE."
VOTE:
DEPUTY MAYOR KREBS: AYE
COMMISSIONER BONNER: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER BROWN: AYE
MOTION CARRIED,
Mayor Bush recognized Chairman Bob Dallari of the Seminole County Board of County
Commissioners.
REPORTS
REPORTS
400. office Of The Ci ty Attorney — Anthony A. Garganese, Esquire
No Report.
REPORTS
401. Office Of The City Manager —Kevin L. Smith
Interim City Manager Kevin L. Smith stated that the requested list of Awards and
Accomplishments was placed at their Seat on the dais prior to the Meeting.
Secondly, Interim Manager Smith remarked, "We are in the process of instituting some
improvements in our customer service delivery. I think you may have seen earlier on
Consent where we have revamped the Utility Bill as a result of comments from our
customers." Interim Manager Smith then spoke of more customer friendly changes with
the payment counter procedures in the Building and Utility Billing Divisions which will
now include having cashiers on both sides of the building.
Lastly, Interim Manager Smith spoke of an upcoming Agenda Item related to the lower
speed limit on State Road 434.
Chief Brunelle addressed the City Commission briefly on speeding issues along State
Road 434, and a couple of recent accidents.