City of Casselberry Planning Division

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2 City of Casselberry Planning Division 95 Triplet Lake Drive, Casselberry, Florida Telephone (407) , Ext Fax (407) TO: Planning and Zoning Commission DATE: August 10, 2016 FROM: RE: Dean Fathelbab, Planner I CU 16-12: Conditional Use for Vehicle Service at 290 Iris Road REQUEST: The Community Development Department Planning Division requests that the Planning and Zoning Commission hold a public hearing to consider a Conditional Use for Vehicular Service, Maintenance, and Light Mechanical Repairs (excluding Sales and Service, Body Shops, and Storage) for the property located at 290 Iris Road. GENERAL INFORMATION Applicant Name & Address: Property owner s name(s): Legal Description: Parcel ID Number: Tristan Sothern of Circuit Motorsports 2427 N Forsyth Rd, Unit P Orlando, FL Jose Cabral Cypress Preserve Parkway Orlando, FL LOTS 30 TO 34 (LESS PT OF LOTS LYING WITHIN 150 FT OF ELY R/W OF SR 436) QUEENS MIRROR SOUTH 2ND REPLAT ADD TO CASSELBERRY PB 13 PG BU Location: The subject property is located the southwest corner of the intersection of Iris Road and Tulip Trail.

3 CU 16-12: Vehicular Service, 290 Iris Road August 10, 2016 P&Z meeting Page 2 N Location Map Iris Road Tulip Trail N Aerial View of Property Outlined in Red

4 CU 16-12: Vehicular Service, 290 Iris Road August 10, 2016 P&Z meeting Page 3 Parcel Size: Zoning Classification: Future Land Use Designation: Overlay Districts The subject property is approximately.49 acres and is developed with an 11,277 square foot, 1-story metal commercial building. Commercial General (CG) Commercial None Adjacent Zonings / Land Uses: Direction Zoning Future Land Use Land Use North South East West Commercial General (CG) Commercial General (CG) Low Density Single Family (R-8) Commercial General (CG) Commercial Commercial Low Density Residential Commercial Air Flow Designs (Full Service A/C Contractor); Regency Square Commercial Strip Dentist; Just Brakes (Mechanic) Single Family Residential Commercial/Retail Strip Subject Property N Future Land Use Map

5 CU 16-12: Vehicular Service, 290 Iris Road August 10, 2016 P&Z meeting Page 4 Subject Property N Zoning Map KEY Represents Existing Bays Survey (Exhibit C)

6 CU 16-12: Vehicular Service, 290 Iris Road August 10, 2016 P&Z meeting Page 5 View of Property from intersection of Iris Road and Tulip Trail (Taken 7/26/16) View of Property from intersection of Iris Road and SR 436 (Taken 7/26/16) Background: The purpose of this report is to provide you with information regarding the request of the applicant, Tristan Sothern, Owner and CEO of Circuit Motorsports, on behalf of Jose Cabral, to conditionally approve vehicular service, maintenance, and light mechanical repairs (excluding sales and service, body shop, and

7 CU 16-12: Vehicular Service, 290 Iris Road August 10, 2016 P&Z meeting Page 6 storage) within the existing warehouse facility located at 290 Iris Road. The property has a Commercial Future Land Use Designation and is zoned Commercial General (CG). Records indicate this property was conditionally approved for vehicle services and sales in The last known business to be located at the subject property was an auctioneer. Discussion: In accordance with Table Land Use by District of the City s Unified Land Development Regulations (ULDR) states that vehicular service, maintenance, and light mechanical repairs (excluding sales and service, body shops, and storage) requires a Conditional Use Review. Article II, Section of the ULDR authorizes the Planning and Zoning Commission to review conditional use requests. Article VI sets forth specific criteria for approving the conditional use request. SCALE AND INTENSITY The applicant is requesting a conditional use to allow vehicular services on property located at 290 Iris Road. The hours of operation for the proposed business (Circuit Motorsports) will be Monday Friday 10am to 6pm as indicated on the Applicant Letter (Exhibit A). The business employs four (4) fulltime and one (1) part-time employee. The target clientele for this business are individuals with larger expendable incomes looking to enhance and upgrade their automobiles The subject property is located between commercial and single-family residentially zoned properties along Iris Road. The subject property has an existing 11,277 square foot warehouse type facility with four (4) bay doors (garages) to accommodate the proposed use of vehicular service, maintenance and light mechanical repair. The applicant has agreed to limit the number of vehicle repair bays to three (3), which shall be a condition of approval (Exhibit B). The remaining bay (identified as #4 in Exhibit C) shall serve as storage and administrative space for the business. Article VI, Section 2-6.2B of the ULDR provides specific criteria for conditional use review and approval: 1. Land use compatibility. The subject property is developed with an 11,277 square foot warehouse and is located on Iris Road; a collector road which serves to connect residential uses to commercial uses along one of the cities most traveled major thoroughfares, State Road 436. The property is directly adjacent to commercial/retail, vehicular service, warehouse, and residential uses. Directly to the north of the subject property is Air Flow Designs, a full service air conditioning contractor. To the east of the subject property are single family residences. Land uses to the south of the subject property include a dentist office and Just Brakes, a vehicular service business. To the west are commercial/retail strips including the Regency Oaks shopping plaza and Kwik Stop retail strip. Based on the adjacent land uses, staff has determined that the proposed use is compatible with the surrounding land uses. 2. Sufficient site size and adequate site specifications to accommodate the proposed use. According to Section of the City of Casselberry ULDR s, the site is required to provide twelve (12) regular parking spaces and one (1) ADA space. This is based on the requirement of four (4) parking spaces per repair stall and ADA requirements of one ADA space for parking lots with twentyfive (25) total parking spaces or less. Currently the subject property is developed with eight (8) regular parking spaces with wheel stops. The property is deficient by four (4) regular parking spaces and one

8 CU 16-12: Vehicular Service, 290 Iris Road August 10, 2016 P&Z meeting Page 7 (1) ADA parking space. In order to meet site specifications for the proposed use, the applicant will need to add four (4) regular spaces measured 10 x20 as well as provide one (1) ADA parking space measured 12 x20. The property provides ample paved area to accommodate the required parking spaces onsite. The requirement for four (4) additional parking spaces shall be a condition of approval. Once this parking requirement is satisfied, the site will be sufficient to accommodate the proposed use. 3. Proper use of mitigative techniques. The applicant shall perform all vehicular services within the enclosed building. The applicant shall not stack/park cars in manner that negatively impacts vehicular circulation through the property. The bay/garage identified as #4 on Exhibit C shall not be used to make vehicular repairs in order to minimize the impact of this use to adjacent single family residences. (Exhibit C) 4. Hazardous waste. Any hazardous wastes generated by this use are required to be stored and disposed of according to state and federal laws. There will be no outdoor storage of hazardous wastes. 5. Compliance with applicable laws and ordinances. Possession of both City and County business tax receipts, as well as any applicable permits, licenses and inspections from other agencies must be provided to the City prior to the initiation of the business activity. STAFF RECOMMENDATIONS Staff recommends the Planning and Zoning Commission approve CU 16-12, Conditional Use for Vehicular Service, Maintenance, and Light Mechanical Repairs (excluding sales and service, body shops, and storage), for property located at 290 Iris Road. Staff approval is based on the findings of fact and conclusions of this staff report dated August 10, 2016, and the following conditions: 1. The applicant has thirty (30) days to provide twelve (12) regular striped parking spaces and one (1) striped ADA parking space onsite. 2. The applicant shall only utilize three (3) of the bays/garages to make vehicular repairs; bay/garage #4 on Exhibit C shall not be used to service or make mechanical repairs on vehicles. 3. Vehicular sales and service, body shop services, and storage shall not be permitted on-site. 4. There shall be no outside sales, storage, or display of goods, materials or services. 5. All applicable licenses and permits shall be obtained prior to the commencement of any business activities at the site. 6. All signage require a separate permit and must comply with the ULDR. 7. The conditional use shall commence within 90 days of the approval. 8. The conditional use shall expire if the use is discontinued for more than 90 days and/or if the applicant does not secure a business tax license from the City within this timeframe. 9. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. ATTACHMENTS Exhibit A Applicant Letter Exhibit B Use Agreement Exhibit C Survey of 290 Iris Road

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13 DATE: August 10, 2016 City of Casselberry Community Development Department Planning and Zoning 95 Triplet Lake Drive, Casselberry, Florida Telephone (407) , Ext Fax (407) TO: FROM: SUBJECT: Members of the Planning and Zoning Commission Emily Hanna, Planner II LPA 16-12: Amendments to the City of Casselberry Unified Land Development Regulations, Section 1-4.3, Building Permits. The purpose of this staff report is to provide you with information regarding a proposed ordinance to amend the City of Casselberry Code of Ordinances and the Unified Land Development Regulations (ULDRs) section 1-4.3, Building Permits, to require a fifty percent (50%) deposit on all permits requiring plans review by either the Building Official or Fire Marshal prior to the issuance of the building permit. Chapter I, Article II, Section of the Unified Land Development Regulations (ULDRs) authorizes the Planning and Zoning Commission to review proposed ordinances amending land development issues and to make a recommendation to the City Commission. BACKGROUND: When building plans are submitted to the City for issuance of a building permit, there are many instances that plan review is required by the Building Official and/or the Fire Marshall. Both of these contracted services are provided by contract employees and are billed to the City following their review. When they provide the service the City is billed for their time. There are instances when an application is reviewed and ultimately is not issued because it doesn t meet code requirement or because the applicant has withdrawn their application. In these instances the City has now paid for a service that is not reimbursed due to the permit not being issued. DISCUSSION: Building permit applications for doors, driveways, fences, roofs, sheds, slabs, windows, and stand-alone electric/plumbing and mechanical do not require review by a Building Official or Fire Marshal prior to issuance. Building permit applications for modular homes, mobile homes, commercial additions, commercial alterations, new commercial construction, residential additions, residential alterations, and new residential construction require either the Building Official or Fire Marshall review. Depending on the size of the project, the costs for plans review can be significant. To ensure the applicant is responsible for payment of the contractual services rather than the City, the attached ordinance provides language to require a deposit of 50% of the building permit value at the time the application is submitted when plans review will be required. STAFF RECOMMENDATIONS: Staff requests that the Planning and Zoning Commission recommend approval of LPA and hereby amend the City of Casselberry Unified Land Development Regulations, Section 1-4.3, Building Permits. LIST OF ATTACHMENTS Ordinance 16-XXXX

14 ORDINANCE 16-XXXX AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA; AMENDING SECTION 1-4.3, BUILDING PERMITS, PART III UNIFIED LAND DEVELOPMENT REGULATIONS, CHAPTER I, GENERAL ADMINISTRATION, ARTICLE IV, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CASSELBERRY, FLORIDA PROVIDING FOR A REVIEW DEPOSIT AT THE TIME OF APPLICATION FOR A BUILDING PERMIT; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, Part III, Unified Land Development Regulations, of the Code of Ordinances of the City of Casselberry, Florida provides criteria for the issuance of building permits; and WHEREAS, the City utilizes contractual services for building and fire code building plans review; and WHEREAS, the City wishes to ensure compensation for these services should a permit not be approved or issued; and WHEREAS, words with double underlined type shall constitute additions to the original text and strike through shall constitute deletions to the original text. NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of Casselberry, Florida: SECTION 1. That Section 1-4.3, Building permits, Part III Unified Land Development Regulations, Chapter I, General Administration, Article IV, Building Code, of the Code of Ordinances of the City of Casselberry, Florida shall be amended as follows: * * * D. Schedule of building permits fees. On all construction work requiring a permit, fees for building permits and related activities shall be applied in accordance with the schedule stated below. Valuation of construction shall be determined by the contract value of construction. If the Administrative Official determines that the contract value is underestimated, the Administrative Official shall have the authority to substitute for the contract value the Building Valuation Data as printed in the most recent publication of the Southern Building magazine, published by the Southern Building Code Congress International, Inc., or a value as determined from a standard construction industry cost estimating guide. A deposit of half the value of the building permit will be assessed at the time of application for all permits requiring plans review by either the Building Official or Fire Marshal prior to the issuance of the building permit. * * * SECTION 2: CODIFICATION. It is the intention of the City Commission of the City of Casselberry, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinance of the City of Casselberry, Florida; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; that the word, Ordinance may be changed to

15 Section, Article, or other appropriate word. SECTION 3: CONFLICTS. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4: SEVERABILITY. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after the second reading and adoption. FIRST READING this day of, A.D SECOND READING AND ADOPTION this day of, A.D ATTEST: Donna G. Gardner, City Clerk Charlene Glancy, Mayor/Commissioner Ordinance 16-XXXX