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HomeMy WebLinkAbout10.19.00City ofSa - 4 otd Planning and Zoning Ce"Onnussion Re Sch doled Mee 7:00 P.M. Thursday, OCTOBER 19,2000 City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Hea dng to consider a request for a Rezone, one, from AG, Agricultural, to PD, Planned Development, for property located at 975 Rinehart Road. Tax Parcel Nos: 2 -1 -0- 301- 00AfB /C1D /B /F -0000, 32-19-30-300-0220-0000, 32-19-30-301-022A-0000 Representative: Dori M. Huber 2. Discussion regarding Amendment to the Lard Development Regulations regarding appeals initiated b members of the City Commission. 3. Minute 4. Any other business from floor or Commission Members 5. Reports from Staff. ADVICE To THE PUBLIC. If a person decides to appeal a decision made with respect to an matter considered at the above meeting or hearing, he may need a verbatim record of the proceedln Including the 09mon and evidence which record is not provided by the Cify of Sanford (FS 286.0105) Persons with disabilities need Ing assistance to participate in any of these proceedings should coma tthe personnel office DA Coordinator at 330-5626, 48 hrs in advance of the meeting. MATES PLANNING AND ZONING COMMISSION MEETING of OCTOBER 19, 2000 M. CITY COMMISSION CHAMBERS CITY HALL, SANFO D, FLORIDA MEMERS PRESENT: Michael Skat Ross Robert Keen Hipes Andrew Kut Carol Dennison MMBERS A SENT: .tames alerino -- excused Otto Garrett - excused Bobby VonHerbuhs Timothy Hudson OTHERS PRESENT: lay Harder, Director of Engineering and P Russ Gibson, Land Development Manager Marion Anderson, Recording Secretary 1 &. Slat called the meeting to order at 7:05 P.M. The first item on the Agenda was to hold a Public Hea ng to consider a request for a Rezone, from AG, Agri ulturaL to PD, Planed Development, for property located at 975 Rinehart Road. Roger Strcula, 265 Kenilworth Avenue, Ormond Bead, was present representing B H Partners, Inc. and Loves. The property is located at the northeast corner of Rinehart Road and CR 46A, appro finitely 25 r 2 acres. Prknary access into the property will be at the northwest corner with joint easement with the property to the north, Harold Hartsoc 's property. Another access will be at Cherry Laurel into Lowes. Also, there will be rear access. He stated that they have taped with the County regarding a right-in/right-out on 46A for the out - parcels. The development will folio v the Gateway Corridor Standards. 'There will be a 20' landscape setback on Rinehart and 46A, with some places being a little bit larger with regards to the configuration of the property. The rear of the property will be planted with oak trees and hedges. Mr. Strcula stated that this store will have split -faced concrete block that will be two toned MINUTES PLANNING AND ZONING CpMMISSION MEETING OF OCTOBER 19, 2000 PAQE 2 colored, a decorative fence, paraphet to be raised, and a cornice along the top of the binding. On the garden enter side, along 46A, they are proposes decorative colunms to break up the fence. There will be a 2 ' high, black vinyl chain link fence with a decorative picket fence in front. The rear of the store will be smooth block with a black vinyl chain link fence. llfir. Strcula stated that, regarding the signage, they are asking for a 125 square foot sign on 46A and a 225 square foot sign on Rinehart, which is a shared sign for Lowes and the out - parcels. Mr. Gibson stated that Staff is recommending 100 square feet signs at both locations. Mr. Kutz moved to approve the rezone subject to Staf s revised comments. Mr.. Hipes seconded for discussion. Mr. Hipes stated that Staffs comnvnts holds the applicant to 100 square feet signs. Mr. Skat stated that his opinion is based on the magnitude of what potentially could be out there compared to what is going in. He feels the 225 square foot sign is acceptable given the size of the Lowe's. l r. Strcula stated that Love's has standard signs and that they could go with 100 square feet on 46A, and Zoo square feet on Rinehart Road. Ms. Dennison stated that she feels with the visibility of the stores on Rinehart Road that a 150 square foot sign for Rinehart and 100 square foot for 46A is adequate and hold there to 15' in height. Mr. I utz amended his notion, with respect to StaE s requirements of Item 5 to allow 100 square feet of signage on 46A, 200 s feet of signage on Rinehart Road; Item 6 that display be meted outside of the garden center to 4 Mmes per year, 30 calendar days each time, and that the iterns not be limited to garden equipment; Item 7 the decorative fence can surround a chain fence. Seconded by lr. Hipes for discussion. Mr. Hipes questioned the Zoo square feet of si on Rinehart. Ar. Hipes, l &. Robert and Ms. Dennison stated that they are all in favor of 150 square feet. Mr. I utz amended his amendment to a 150 square, foot sign on 46A. Mr, Skat in opposition. All others in favor. Motion carried. Next on the Agenda was the discussion regarding n=dm nt to the Land Development Regulations regarding appeals initiated by members of the City Commission. Mr. Muder stated that there was a desire by the Commission to make it a little easier for them to work with projects that they may have some diwgreement on based on knowledge of other information, etc. fir. Sat asked if Staff has obtained a legal pirdn and whether or not the appeal is noticed to the surrounding properties. Mr. Marder stated that Staff` intends to forward this to the City Attorney and that noticing the property owners 'i's not in this. Mr. Sat stated that if there is a public hearing on a conditional use and the City Co sion is going to overturn it based upon new evidence and didn't notice all surrounding property owners, that world be huge legal problem for the City, it is not due process, evidence that has been entered in has becn changed. Mr. Robert stated that if it had to be noticed to come to P Z, then if the City Conunission wanted to undo what F &Z has done, the same sort of notice that it took to get it to NIINUTES PLANNING ING AND ZONING C MMSSIOAT MEETING OF OCTOBER 19, 2000 PAGE PZ should be done for the appeal. Mr. Kutz moved to table pending review by the Attorney. Mr. Skat stated that it worries him that new information comes where does it cone from, what is it, and the public didn't have chance to hear it when it was a public hearing, and neither did P Z. 1W. Kutz motion died for a lack of a second, Mr. Robert moved to recon nen l approval to the City Corn ' sion that they make amen xn nts to the Land Development Regulations regarding appeals by a member of the City Commission and to Mow the co that Staff` has prepared with the exception of the next to the last paragraph that the appeal would be noticed in the same fashion as it was noticed when the action came to P and Zoning. 1 &. Robert's motion died for a lack of a second. Mr. Hipes mo ved to approve subject to confinmtion by legal that there is nothing inappropriate with this change. NIr. Hipes motion died for lack of a second. 1r. Hipes moved to approve subject to legal review with the deletion of the last line of Staff s memorandum of the next to the paragraph: Additionally no posting of the property is necessary ". Seconded by Mr. Robert. All in favor. Motion carried. Mr. Robert moved to approve the Minutes. Seconded by Ms. Dennison. AU in favor. Motion carried. Mr. Skat asked what i god n at 2' Street and Sanford Avenue. There i now a marine and motorcycle repair shop and motorcycle and jet ski sales. Mr. Kutz stated that he had spoken with the City Manager regarding Master P the downtown area. He has been informed that there are monies for a study and that it would not be long before it gets underway. There bung no further business, the meeting adjourned at 9:00 P.M. Michael Skat, Chairman