HomeMy WebLinkAbout2012 04 23 Public Hearing 500 Hayes Road Plaza Conditional Use
COMMISSION AGENDA
Informational
Consent
ITEM500
Public Hearings
X
Regular
April 23, 2012KSRS
Regular MeetingCity ManagerDepartment
REQUEST:
The Community Development Department - Planning Division presents to the City
Commission a request 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 purpose of this agenda item is to consider a request for the 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. The Conditional Use was
originally approved on January 26, 2009, and expired on January 26, 2011. No building
permit was issued for this property within the required timeframe. Per Section 20-36 (a),
once this approval expires, it is deemed null and void.
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
Public Hearings 500 PAGE 1 OF 5 - April 23, 2012
City Code of Ordinances, Chapter 20, Section 20-36 (a). Expiration of conditional use,
variance and waiver approvals.
City Code of Ordinances, Chapter 20, Section 20-234 (4). Conditional Uses
:
DISCUSSIONOn January 26, 2009, the City Commission approved a Conditional Use
on the subject property to permit a 24-hour convenience store without gas pumps, subject
to the condition that all deliveries made to the convenience store and any other 24-hour
operation that might occupy part of the plaza be made to the front of the building and not
the back. 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. Per
Section 20-36 (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.
A decel lane, located on the south side of S.R. 434, was built in 2009 following a land
exchange from the applicant for Transportation Impact Fee Credits in the amount of
$44,688.75. The Conditional Use was reviewed by three (3) members of the Planning &
Zoning Board on April 4, 2012. In accordance with Section 20-56, the board's
recommendation for approval failed because it did not receive an affirmative vote from
three (3) or more members of the board. The vote was 2 for and 1against re-approving the
Conditional Use..
:
CHRONOLOGY
–
February 22, 2006Concept 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.
nd
March 29, 2007 – Final engineering/site plan and 2 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.
Public Hearings 500 PAGE 2 OF 5 - April 23, 2012
January 26, 2009 -Conditional Use was approved by the City Commission.
January 26, 2011 – Conditional Use approval expired.
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:
(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 a
cross-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. The subject property has little natural vegetation remaining and the
final project will include additional landscaping.
Public Hearings 500 PAGE 3 OF 5 - April 23, 2012
(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.”
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, streets, 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.
The potential tax revenue of the proposed project is estimated as follows:
17,128 Square Foot Shopping Plaza assessed at $1,712,800
$1,712,800/1000 = 1,712.8
1,712.8 (2.5600) = $4,384.77
$4,209.38 tax revenue
$4,384.77 (less the 4% statutory discount) =
City of Winter Springs taxes paid on vacant land now (data obtained from Seminole County
Property Appraiser): $862.31
Total Potential Ad Valorem Tax Revenue: $5,071.69
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, 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, LaserFiche, and the City’s
Public Hearings 500 PAGE 4 OF 5 - April 23, 2012
Server; has been sent to applicable 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. This
information has also 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. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
The property has been posted with a standard yellow sign announcing the action being
considered and giving information relative to the meeting place and time.
RECOMMENDATION:
Staff recommends that the City Commission approve the Conditional Use for Hayes Road
Plaza to permit a convenience store without fuel pumps in the C-1 (Neighborhood
Commercial) zoning district. This recommendation includes the condition that all deliveries
to the convenience store and any other 24-hour operation in the plaza be made to the front
and not the back of the building. This condition was part of the original approval in 2009.
ATTACHMENTS:
A.Minutes - January 15, 2009 Board of Adjustment meeting
B.Minutes - January 26, 2009 City Commission meeting
C.Minutes - April 4, 2012 Planning & Zoning Board meeting
Public Hearings 500 PAGE 5 OF 5 - April 23, 2012
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CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
ü
REGULAR MEETING
APRIL 4, 2012
CALL TO ORDER
The Regular Meeting of Wednesday, April 4, 2012 of the Planning And Zoning
Board/Local Planning Agency was called to Order at 7:00 p.m. by Chairman William H.
Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State
Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman William H. Poe, present
Vice Chairperson Rosanne Karr, absent
Board Member Howard Casman, present
Board Member Bart Phillips, present
Board Member Helga Schwarz, absent
A moment of silence preceded the Pledge of Allegiance.
business to later in the Agenda. Are there any objections to moving Reports
were no objections voiced.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used
CONSENT AGENDA
CONSENT
200.Office Of The City Clerk
Requesting Approval Of The February 1, Planning And Zoning Board/Local
Planning Agency Regular Meeting Minutes.
MOTION
MEMBER CASMAN. SECONDED BY BOARD MEMBER PHILLIPS.
DISCUSSION.
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CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVEDMINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING APRIL 4, 2012
PAGE 2 OF 9
VOTE;
BOARD MEMBER PHILLIPS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER CASMAN: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used
AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS
DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS
DOCUMENTED.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department Planning Division
Requests The Planning And 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
(State Road) 434 To Allow A 24-Hour Convenience Store Without Gas Pumps In
The C-1 (Neighborhood Commercial) Zoning District.
Chairman Poe
Mr. Bruce Myrick, Post Office Box 616278, Orlando, Florida: as a Real Estate Broker,
Developer/Contractor and working on behalf of Mr. Kamil Gowni. Mr. Myrick
mentioned that a six foot (6') concrete wall would be installed between the subdivision
and the property.
Mr. Randy Woodruff, Senior Planner, Community Development Department presented
this Agenda Item and displayed an Aerial view of the property. Mr. Woodruff stated,
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CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVEDMINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING APRIL 4, 2012
PAGE 3 OF 9
Board Member Howard Casman inquired if there was a crime report completed for this
proposed twenty-four (24) hour convenience store.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
statecordance with CPTED
(Crime Prevention Through Environmental Design) standards and nothing to my
knowledge was said about the twenty-four (24) hour store and its location along (State
Road) 434 would increase crime in that area. At least that is what we hear from our
turn lane here that was built on property that was required from the owner during their
last round of approvals. We do have access to Hayes Road here; we have cross access to
the Sunoco Station here. This is a right in, right out. This is a full left end, right in, right
out. We also have further access over to this property which takes you to a signal right
So, you have three (3) points
of access and none of them close to Hayes Road in terms of the intersection except for
this area right here, which is located as far back from (State Road) 434 as we can get it on
the property and we do have this decel(eration) storage lane which was recently
Discussion.
Mr. Kamil Gowni, 1348 Valley Pine Drive, Apopka, Florida: spoke about the proposed
twenty-four hour convenience store without gas pumps in the C-1 (Neighborhood
Commercial) Zoning District and this proposed store would be a benefit to the City.
Mr. Bruce Myrick, Post Office Box 616278, Orlando, Florida: spoke about the financing
of this proposed property
property has been paid off i
-APPROVAL
BOARD MEMBER PHILLIPS. SECONDED BY CHAIRMAN POE.
DISCUSSION.
VOTE:
BOARD MEMBER CASMAN: NAY
BOARD MEMBER PHILLIPS: AYE
CHAIRMAN POE: AYE
MOTION DID NOT CARRY.