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HomeMy WebLinkAbout03.05.98V City of Sanford 1Za nr tl rl and .mooring Comm ssion arl Sc eduled Meetin 7:00 P.M. Thursday, March 5 s 1998 City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Hearing to consider an Ordinance regarding Multi Jurisdictional Land Use Permitting, Locating, and Site of Adult Entertainment Establishments and Sexually Oriented Businesses. Representative: Jay R. Marder, AICP, Director of Planning and Development 2. Hold a Public Hearing to consider a request to Rezone from AG, Agricultural, to MI -2, Medium Industrial for property located at.3801 Mellonville Avenue. Tax Parcel Number: 18- 20 -31- 300 - 0020 -0000 Property Owner: Melba Griffin Representative: R. G. Feather 3. Hold a Public Hearing to consider a request to Rezone from Seminole County R -3 to RC -1, Restricted Commercial for property located at 1 025 W. 25 Street. Tax Parcel Number: 01 -20 -30 -504 -1000 -0220 Property Owner /representatives: Peggy M. and William D. Johnson 4.A Hold a Public Hearing to consider a request for a Conditional Use for multiple family dwelling use on property located at the southwest corner of Airport Boulevard and Americana Boulevard in a GC -2, General Commercial and RMOI, Multiple Family Residential- office - Institutional Zoning Districts. Tax Parcel Number: 12 -20 -30 -300 -01213-0000 Property Owner: Kevin G. and Sharon L. Sullivan Representative: Thomas Daly - Daly Design Group, Inc. 4.6 Consider the Site Plan for Sanford Green, a 96 unit apartment complex located at 100 Americana Boulevard in a RMOI and GC -2 Zoning District. Tax Parcel Number: 12- 20- 30- 300 -01213-0000 Property Owner: Kevin G. and Sharon L. Sullivan Representative: Thomas Daly - Daly Design Group, Inc. 5. Consider the Site Plan for a 3,922 sq. ft. addition to AFCOM located at 109 Commerce Way in a RI -1, Restricted Industrial Zoning District. Tax Parcel Number: 35- 19 -30- 524 - 0000- 019010200 Property Owner: AFCOM, Inc. Representative: H.D. Holsombach - Canterbury Concepts, Inc. 6. Consider the Site Plan for a 9,000 sq. ft. aircraft maintenance hangar for Comair located at the Orlando Sanford Airport at 1350 E. 26 Place in a RI -1, Restricted Industrial Zoning'-District. Property Owner: City of Sanford - Sanford Airport Authority Representative: Kevin J. Spolski - Spolski GC 7. Consider the Site Plan for a 7,980 sq. ft and 17,490 sq. ft. building for Mack Warehouses on Lot 12, Sanford Central Park located at 1000 Central Park Drive in a RI -1, Restricted Industrial Zoning District. Tax ID No: 28- 19- 30 -5JB -0000-0120 Property Owner: C B C Industrial Park, Inc. Representative: Jack Reynolds - American Civil Engineering ' •. 8. Any other business from floor or Commission Members. 9. Reports from Staff. 10. Minutes. ADVICE TO THE PUBLIC. If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford (FS 286.0105) WE Persons with disabilities needing assistance to participate in any of these proceedings should contact the personnel office ADA Coordinator at 330 -5626 48 hrs in advance of the meeting. 01 .MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 5, 1998 7:00 P.M. CITY COMMISSION CHAFERS CITY HALL, SANFORD, FLORIDA METERS PRESENT e. Lynn Stogner Otto Garrett James Hattaway Mac McClanahan Ross Robert MEMBERS ABSENT Helen Stairs - excused Ben Dyal - excused Jim Valerino- excused Mike Skat- excused OTHERS PRESENT Jay Marder, Director of Planning and Development Russ Gibson, Land Development Coordinator Marion Anderson, Recording Secretary Mr. McClanahan called the meeting to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider an Ordinance regarding Multi - Jurisdictional Land Use Permitting, Locating, and Site of Adult Entertainment Establishments and Sexually Oriented Businesses. Jay Marder was present representing this request. He introduced Katie Reischmann, representative of the City Attorney's Office. The agreement is developed such that the City and County can share adult entertainment sites, in order for there to be an appropriate number of sites in both the City and County. It does not change the City of Sanford's Zoning Regulations or permitted uses. The County takes credit for the City's sites and the City takes credit for the County's sites. This would be a beneficial action for the City to take to protect the City for allowing adult entertainment sites to be located as permitted uses for these jurisdictions. Potential adult entertainment sites in the City that we have right now based on buffer standards are 500' from major highways, 1000' from schools, churches, parks, etc. Theoretically, these sites are changing. Mr. Stogner asked if this is the first type of agreement that the City has with the County. Mr. Marder stated that this is the first type in the State to share sites for adult entertainment between jurisdictions. Mr. Marder stated that quite a bit of research from a legal standpoint has been accomplished and that the City thinks it is doing things right from a legal standpoint. Mr. Stogner asked if, from a financial standpoint, the City is looking at setting itself up with deep pockets, and a big law suit if the City is tied in with an agreement with the County. Mr. Marder stated that this has been structured so that the County is responsible for what they have and the City is responsible for what it has. W MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 5, 1998 PAGE 2 Katie Reischmann asked if Mr. Stogner's concern is that if the County is sued the City would automatically join in since it is a part of the whole agreement. Ms. Reischman stated that if the County is sued, this agreement merely serves to bolster the County defense. She has a problem with imagining any scenarios where the City could be considered responsible for what the County has enacted. It tends to bolster the City's defense if it is sued. Mr. Robert stated that in this interlocal, it would appear that it may not be as straight forward as he had thought in reading Paragraph 3C on Page 6... It is the intent of the parties to renegotiate the terms of this agreement if those sites that are a part of the joint sites that are currently located within the unincorporated Seminole County are annexed into the City. It is the intent of the City not to annex said sites. Mr. Robert was not clear on the renegotiation statement. Mr. Marder explained that the sites could potentially be annexed into the City, were to be annexed for some reason, then those sites would come into the City's Land Development Regulations in zoning. Mr. McClanahan stated that if we were to annex and rezone the sites, these would become sites that the County does not have and they may be liable to provide other sites and therefore this agreement would require renegotiation between the two parties in order to give the County an area that we agreed with them on to replace the area that the City took away. Mr. Hattaway asked if representatives of the County Attorney's Office were present. No one was present to speak on behalf of the County. His first question pertained to Page S, Paragraph 2B,...Likewise the purpose of this agreement is to provide for the seamless movement of adult and sexually oriented use sites from unincorporated Seminole County into jurisdictional limits of the City without the County's available sites being reduced in number as a result of such change in land use jurisdiction. Mr. Hattaway stated that he feels this document is one - sided. That the intent of the County is to make sure it is covered and for Sanford to take care of them. He stated that he doesn't quite see where there is reciprocity and where is the quid -pro -quo. What is Sanford getting out of entering this agreement with the County? Why is this beneficial to Sanford? Mr. Marder stated that the City gets their sites also. Mr. Hattaway stated that this is speculative, it has never been litigated before. Mr. Marder stated that this is an innovative concept, that is evolving. It is appropriate and good for the City because it allows us to do this. Mr. Hattaway's other concern was with Paragraph 3B on Page 6... Provided however if a site is annexed into the City it shall be subject to the Comprehensive Plan and Land Development Regulations of the County. He asked if that piece of property will always be governed by the County. Mr. Marder stated that it would unless this agreement is renegotiated. Mr. Hattaway stated that this agreement does say that this can be renegotiated but Seminole County is under no obligation to renegotiate. Sanford could potentially have property in the City of Sanford but forever governed by Seminole County. Mr. Hattaway was also concerned that on Page 10 there is a signature block for the County Attorney, but there isn't a similar block for the City Attorney's signature. 14IN -UTES PLANNING AND Z -ONING COMMISSION MEETING OF MARCH 5., 1998- PAGH.3 Mr. Garrett asked how many sites- does the County need at this - time. Mr-. Marder stated that they say 3 -0 acres- , each acre is considered to be a site based on their population. Mr. Stogner asked what would happen if the City doesn't go along with this agreement. Mr. Marder stated that the City would be in a weaker position if someone comes in and challenges our LDR with relationship to adult entertainment. Mr. McClanahan noted that it appears that the City would have adequate areas already zoned, the County may be short. Mr. Robert moved for approval to send to the City Commission. Mr. Hattaway seconded for discussion. Mr. Hattaway stated that he does not like this document, Seminole County has gotten itself into this mess, a wrong strategy, and he does not like the wording. Sanford does not benefit. Mr. Hattaway stated that perhaps a County Attorney could be present to address questions. Mr. Stogner stated that he doesn't like the agreement because the Commission does not have enough information, the County is getting the best end of the deal, the City is not getting anything. Mr. Stogner stated that he is not comfortable and will not be until there is more information. Mr. Robert stated that it appears to be short on redundencies. Mr. McClanahan stated that the City Commission should be privy to these comments before they consider this issue. Good points and concerns are valid. Mr. Robert in favor. All others opposed. Motion failed. Mr. Hattaway moved to recommend that the Planning and Zoning Commission transmit the proposed multi jurisdictional agreement to the City Commission with the recommendation for denial strongly urging the City to ask the County to redraft and resubmit it to the Planning and Zoning Commission and ask that the County Attorney be present at that hearing. Seconded by Mr. Stogner. In opposition was Mr. Robert. All others in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request to Rezone from AG, Agricultural to MI -2, Medium Industrial, for property located at 3801 Mellonville Avenue. Robert Feather, 2153 W. SR 434, Longwood, was present and stated that the developer hopes to create an upscale commerce center. There was no one else present to speak in favor of or against the request. Mr. Stogner moved on approval per Staff's recommendations. Seconded by Mr. Hattaway. All in favor. Motion carried. Next was to hold a Public Hearing to consider a request to Rezone from Seminole County's R -3 to RC -1, Restricted Commercial, for property located at 1025 W. 25 Street. Jim Weinberg, representing Peggy and William Johnson, 201 Orange Wood Circle, Longwood, stated that they agree with Staff's recommendations. The reason this application is before the Commission is because Peggy Johnson has operated this property as a beauty salon for years and now would like to continue operating as a beauty salon with the opportunity to sell as an office location in the future. MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 5 1998 PAGE 4 With no one else to speak on behalf or in opposition to the request, Mr. Robert moved on approval per Staff's recommendations. Seconded by Mr. Garrett. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for multiple family dwelling use on property located at the southwest corner of Airport Blvd. and Americana Blvd. in a GC -2, General Commercial, and RMOI, Multiple Family Residential- Office - Institutional Zoning Districts. Tom Daly, 641 W. Fairbanks Avenue, Winter Park, was present. The Commission requested that it be entered into the record that it received packets at home regarding this request from the applicant. Mr. Daly stated that the packets were simply to inform the Commission better of the developer of this project. The Conditional Use request relates to the parcel lines, and is to square off the properties. This is a 10 acre site and will have 96 units, a picnic area, playground, a community center and a car wash. Mr. Daly stated that they concur with Staff's comments. John Stock, National Church Residences, 2335 North B Drive, Columbus, Ohio, was present. He stated that National Church Residences was started by Rev. John Glenn in 1961. Since 1961 they have developed over 150 locations. Currently in Florida, they have 9 communities from Ft. Myers to Daytona to Hialeah. These are mostly for senior citizens 63 years or older. Irk Sanford they propose family housing. He stated that National Church Residences has developed 12 family sites. This will be the first in Florida. There will be on site management at all times. Mr. Stock stated that in some of the senior developments, they were filled the day after opening. Market studies have shown a strong need for affordable housing in the Sanford area. A Mr. Stogner moved on approval per Staff's recommendations. Seconded by Mr. Robert. All in favor. Motion carried. Next on the Agenda was to consider the Site Plan for Sanford Green, a 96 unit apartment complex located at 100 Americana Blvd. in a RMOI and GC---2 Zoning Districts. Tom Daly was also representing this request. He stated that this proposal is for a 96 unit development on 10 acres. The site is bounded by environmental lands on the south, Americana Blvd. to the east, and the old K -Mart site to the west. Mr. Daly noted that they concur with Staff's comments. The parking spaces will be 10 and 24' in length. Mr. Hattaway moved on approval based on Staff's recommendations. Seconded by Mr. Robert. All in favor. Motion carried. The next item was the consideration of the Site Plan for a 3,922 square foot addition to AFCOM located at 109 Commerce Way in a RI--1, Restricted Industrial Zoning District. Dick Holsombach, 511 Central Park Drive, was present for representation. The Commission did not have any questions. MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 5, 1998 PAGE 5 Mr. Stogner moved on approval per Staffs recommendations. Seconded by Mr. Hattaway. All in favor. Motion carried. Next on the Agenda was to consider the Site Plan for a 9,000 square foot aircraft maintenance hangar for Comair located at the Orlando Sanford Airport at 1350 E. 26 Place in a RI -1, Restricted Industrial Zoning District. Kevin Spolski, 2805 Carrier Ave., Sanford, stated that the proposed's primary purpose is to facilitate Comair with a maintenance facility. Hangar 5, which is about 50 years old will be eliminated. This is one phase of the Airport of cleaning it up and getting new facilities. The site is east of the old fuel depot. Mr. Robert moved for approval per Staff's recommendations. Seconded by Mr. Stogner. All in favor. Motion carried. Next on the Agenda was the consideration of the Site Plan for a 7,980 square foot and 17,490 square foot building for Mack Warehouses on Lot 12, Sanford Central Park, located at 1000 Central Park Drive in a RI -1, Restricted Industrial Zoning District. John Reynolds of American Civil Engineering, stated that he is in agreement with Staff's comments. Although the site plan doesn't show it, there will be a rail around the truck pit, it will be on the final engineering plans. The parking spaces will be 10'x20 18' to the wheel stop. Mr. Robert moved for approval per Staff's recommendations. Mr. Garrett seconded. A11 in favor. Motion carried. Mr. Hattaway moved on approval of the Minutes as circulated. Seconded by Mr. Robert. All in favor. Motion carried. Mr. Stogner stated that he hopes the City Commission would read Planning and Zoning's comments concerning adult entertainment. Mr. McClanahan stated that there is no need for haste. This has been hanging on for some time. This document is full of pitfalls. There being no further business, the meeting adjourned at 8:15. ac - Mc lava n, Ac ing Chairman From the Director of Planning and Development Febtu.axy 26, 1998 TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of March 5,1998 AMERICAN LAND COMPANY ROBERT G. "BUD" FEATHER - Request to rezone from AG, Agricultural to MI-2, Medium Industrial for property located at 3801 Mellonville Avenue. 1. Site is Zoned AG, Agricultural and includes approximately 50 acres of vacant land. Based on wetlands maps on file at the Departrnent of Engineering and Planning, a portion of the site appears to be wetlands. Information provided by the applicant shows access to the site from an undeveloped segment of Mellonville Avenue south of East Lake Mary Boulevard that appears to be utilized as a drainage way at the present time. 2. The area adjacent to site includes a platted but undeveloped industrial subdivision Zoned MI -2. In addition, the site is adjacent to an existing industrial use fronting Pine Way. Various wholesale and manufacturing facilities are located along East Lake Mary Boulevard in MI-2 Zoning Districts. Various large residential homesites, agricultural uses and vacant lands are located in the general area of site. 3. City water and sewer services are available in the area although wastewater capacity is limited due to line size. The City has prepared a study that identifies alternative methods to provide service to the vicinity of site and airport area. East Lake Mary Boulevard is anticipated to be upgraded from a two -lane to a four -lane facility in 1998. As such, major infrastructure capacity is planned or available to the site. 4. The Future Land Use Map of the Future Land Use Element of the Comprehensive Plan identifies the site as an Industrial designation. Recommend that the request to rezone from AG, Agricultural to MI -2, Medium Industrial be approved based on consistency with the Comprehensive Plan, similar zoning already established in the immediate area and the existing character of the area at the present time. Phnnina Recninm"do-ionv - Pain 1 PEGGY M. JOHNSON AND WH.i.iAM D. JOHNSON - Request to rezone from R- 3, Multiple Family Residential (Senunole County Zoning Designation) to RC-1, Restricted Commercial for property located at 1025 West 25 Street Site fronts County Road 46A or West 25* Street and includes approximately 15,600 square feet. Site is presently utilized as a residence. Based on a conversation with the owner's representative, the property has been utilized as a small beauty shop for many years. 2. Site is in the process of Annexa tion. First reading of the annexation ordinance by the City Commission is scheduled for March 9, 1998. The equivalent Zoning in the City of Sanford is MR -2, Multiple Family Residential which permits up to fifteen (15) dwelling units per grass acre. The County's R -3 Zone permits up to thirteen (13) dwelling units per net acre. 3. The Site is located east of the City's McKibbin Park in an area characterized by single family dw ellings . A professional office (eye clinic) is located opposite the site on the north side of 25 Street Other uses in the nearby area include single family dwellings, multiple family dwellings and a convenience store located east of the park. 4. The Seminole County Future Land Use Plan Map designates the site acid adjacent unincorporated area as "Office." Because the site is included in the County's Comprehensive Plan and the applicant has not requested an amendment to the City of Sanford's Comprehensive Plan, the City must zone to the County's Plan, pursuant to the Joint Planning Agreement Between Seminole County and the City of Sanford adopted in 1991. 5. The City's equivalent office zoning designation is RMOI, Multiple Family Residential, Office and Institutional which allows professional offices. For example, the eye clinic located on the north side of 25 Street is Zoned RMOI. 6. While beauty shops are peunitted in the County's office zoning district, the City's Zoning Ordinance considers beauty shops to be under the "Retail Sales and Services" category. Such uses are not perrnitted in the City's RMOI, Multiple Family, Office and Institutional Zoning District which would be the closest zoning to the County's Future Land Use designation. 7. The applicant's request, RC-1, Restricted Commercial permits retail sales and services. The RGl, Restricted Commercial Zone appears to be inconsistent with the Joint Planning Agreement's "Land Use Equivalency Chart" (see attached). Specifically, a Future Land Use Designation of "Office" in the County does not include RC -1 Zoning in the City. 8. In addition to the Joint Planning Agreement considerations outlined above, the consideration of RC-1 Zoning for the site requires that a policy question for the immediate area be considered, specifically, Plnnnina Rrrnmmrnrlatinna - Poor whether retail sales and services with potential accompanying of strip commercial development should be allowed along this segment of 25' Street. Such a policy question should be considered duting an overall change in the area. The City's Zoning policy in the area at the present time restricts permitted land uses primarily to multiple family residential and professional office uses. 9. Reco that the request for RC-1, Restricted Commercial be modified to PD, Planned Development Zoning with the following uses: 1) All uses permitted in the City's RMOI, Multiple Family, Office and Institutional Zoning District and 2) beauty shops. This recommendation recognizes the longstanding use by the existing owner as a beauty shop as consistent with the existing Seminole County Comprehensive Plan designation applied to the property as well as the City's existing zoning policy in the immediate area which permits professional office and multiple family uses to the exclusion of retail sales and services. DALY DESIGN GROUP INC. - Request conditional use permit for multiple family dwellings in a GC -2, General Commercial Zoning District located in the southwesterly quadrant of Airport Boulevard and Americana Boulevard. 1. Site is Zoned GC -2, General C'omtne c a1 and RMOI, Multiple Family Residential, Office and Institutional. The portion of the total property involved in the request is approximately one acre. Total site is vacant at the present time and includes 9.7 arses. 2. Applicant proposes to construct 96 multiple family dwelling units. 3. Uses adjacent to the site include a bank, a shopping center, an expressway and vacant land. 4. Site had access from Americana Boulevard. 5. City utilities with adequate capacity are available to the site including water, sewer and solid waste disposal. Americana Boulevard is paved along the property's easterly boundary. The pavement stops at the site's southeastern corner. 6. Recommend approval of the request to establish multiple family dwellings in a GC -2, General Commercial Zoning District because balance of the property permits multiple family dwellings and the zoning district boundaries do not line up with property lines, the later of which were established after zoning districts were established. Also, the general character of the immedia area allows the subject site to become an appropriate transitional use adjacent to commercial uses and multiple family housing is appropriate to be located in close proximity to major roadways such as the expressway. Pktnninv Rrrrxnmrnriatinnv - Paor 3