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HomeMy WebLinkAbout08.21.97City of Sanford Planning and Zoning Commission Regularly Scheduled _Meetin� 7:00 P. Thursday, August 21, 1997 City Commission Chambers, City Mall, Sanford, Florida AGENDA r 1. Hold a Public Hearing to consider a request to Rezone property from RC -1, Restricted Commercial to GC -2, General Commercial, located at the southwest corner of Celery Avenue and Mellonville Avenue. Tax Parcel No: 31- 19 -31- 300 - 0050 -0000 Property Ownerlrepresentative: Ruth Stamm /2. Hold a Public Hearing to consider a request to Rezone property from AG, Agricultural, to GC -2, General Commercial located at 2720 West 25th Street. Tax Parcel No: 34- 13 -30- 340 -012D -0000 Property Owner: KMR, Inc. Representative: Joseph P. Rogers /3. Hold a Public Hearing to consider a request for a Dimensional Variance for property located at 2530 Magnolia Avenue in a GC -2, General Commercial Zoning District to allow a reduction in the setback requirements for chain link fencing: 25' required, 0' proposed, a variance of 25', Tax Parcel No: 01- 20 -30- 501 - 0304 -00A0 and 01- 20 -30- 0300 -00B0 Property Owner: Magnolia Partnership Representative: Sidney B. Young /4. Hold a Public Hearin to consider a request for a Dimensional Variance for property located at 9 q P Y 210 S. Park Avenue in a SC -3, Special Commercial Zoning District to allow to reduction in the number of parking spaces per 100 square fee of buildable floor area: .5 (30 spaces) required, .05 (3 spaces) proposed, a variance of .45 (27 spaces). Tax Parcel No: 25- 19- 30 -5AG- 0404 -0030 Property Owner /representative: Elizabeth Duff ;5. Hold a Public Hearing to consider a request for a Dimensional Variance for Lil' Champ located at 1920 French Avenue in a GC -2, General Commercial Zoning District to allow a reduction in accessory building setback requirements (canopy): 35' required, 25' proposed, a variance of 10. Tax Parcel No: 36 -19 -30 -300- 0470 -0400 Property Owner: Lil' Champ Food Stores, Inc. Representative: Larry J. Longenecker, St. Johns Engineering /5. Consider the Final Plat for Rose Hill Subdivision, a 69 lot single family residential subdivision located at 1 Rose Hill Trail (Sanford Avenue) in a SR -1, Single Family Residential Zoning District. Tax Parcel Number: 18- 20 -31- 300 -00613-0000 Property Owner: Sala Inc. of Florida - Houshang Sabeti, President Representative: Merwan Naime, P.E. TABLED: August 7, 1997 / Consider the Site Plan for a proposed building and parking lot expansion for Mars Hill Seventh Day Adventist Church located at 800 E. 2nd Street in a RMOI, Multiple Family Residential, Office, Institutional Zoning District. Tax Parcel No.: 30 -19 -31 -300- 0030 -0000 Property Owner: Mars Hill Seventh Day Adventist Church Representative: Vasant (Omar) Shere TABLED: August 7, 1997 /8. Consider the Preliminary Subdivision Plan for Sterling Woods, a 123 lot residential subdivision located at 12501. Lake Mary Boulevard in a PD, Planned Development Zoning District. Tax Parcel No: 10-20-30-300-0030-0000 Property Owners: Penelope Peterson, Seminole National Bank, BML investments Representatives: Larry Dale; Hugh Harling - Harling, Locklin and Assoc., Inc. -- -- - V 9. Consider the Site Plan for Holiday Inn Express, a 72 room motel located at 3401 Orlando Drive in a GC -2, General Commercial Zoning District. Tax I.D. Number: 11- 20 -30- 300 -0080 -0000 Property Owner: Ishwar R. Naran Representative: Norman Stoehr - Forum Architecture 10. Any other business from floor or Commission Members. 11. Reports from Staff. 12. 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) 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. 6 MINUTES PLANNING AND ZONING COMMISSION MEETING OF AUGUST 21, 1997 7 :00 P.M. CITY COMMISSION CLAMB CITY HALL, SANFORDp FLORIDA MEMBERS PRESS: Otto Garrett Mac McClanahan Mike Skat Lynn Stogner James Hattaway Ross Robert Jim valerino I � I.N Ll 7-1;� * - :W =T�2 1 T. Helen Stairs - excused Ben Dyal - excused OTHERS PRESS: Jay Marder, Director of Planning and Development Russ Gibson, Land Development Coordinator, Marion Anderson, Recording Secretary The meeting was called to order at 7:00 P.M. The first item on the agenda was to hold a Public Hearing to consider a request to Rezone property from RC -1, Restricted Commercial to GC -2, General Commercial, located at the southwest corner of Celery Avenue and Mellonville Avenue. Tax Parcel No: 31-19 --31 -300- 0050 - -0000. Property Owner/ representative: Ruth Stamm. Ruth Stamm, 850 Grove Manor, Sanford, stated that she has someone interested in leasing the property to use as an approved vegetable stand. She intends to meet all requirements of the City. Mr. Marder explained that a site plan would be required. He stated that he is recommending approval of the rezone to PD rather than GC -2 because the PD zoning is more of a restrictive use for a neighborhood oriented use in this area. It would allow all the uses that the applicant already has plus it would allow what the applicant has requested. Pat Mitchell, 1309 Mellonville Avenue, was present and in opposition. She requested that someone monitor the site so that trash and debris were not left to pile up at this site. She would like to keep this area residential. Mr McClan stated that a convenience store could be built there now which would be a much more intense use than what is being requested. He moved on approval based on Staff's recommendations. Seconded by 'Mr. Hattaway. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request to Rezone property from AG, Agricultural, to GC -2, General Commercial located at 2720 West 25th Street. Tax Parcel No: 34-- 19- 30- 300 -012D -0000. Property owner: KMR, Inc. Representative: Joseph P. Rogers. Joe Rogers, 321 Sabal Park Place, Nice President of KMR, stated that this property was recently annexed. He would like to improve this area a little bit more. Mr. Marder explained that as of now, the property is not in the City's Comprehensive Plan. It is a question of whether the � applicant wants to do this now or whether he wants to wait until there is a city -wide bringing in of all the annexed properties. Mr. Marder stated that it could be recommended to the City Commission that they waive the fee for doing the small scale comp plan amendment. He does not know why the County didn't change or MINUTES PLANNING AND ZONING COMMISSION MEETING OF AUGUST 21, 1997 PAGE 2 fix the zoning. Legally, this is still in the County's Comp Plan, not the City's. Mr. McClanahan moved to recommend to the City Commission to do a small scale comprehensive plan amendment on this particular piece of property. Seconded by Mr. Hattaway, Mr. McClanahan moved to withdraw his motion and Mr. Hattaway withdrew his second. Mr. McClanahan moved to table this item and recommend to the City Commission to do a small scale comprehensive plan amendment for this property. Seconded by Mr. Robert and Mr. Stogner. All in favor. Motion harried. The third item on the Agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 2530 Magnolia Avenue in a GC -2, General Commercial Zoning District to allow- a reduction in the setback requirements for chain link fencing: 25' required, 0' proposed, a variance of 25'. Tax Parcel No: 01 -24 -30 --501- 0300 -OOAO and 01- 20- 30- 0340- -4OBO Property Owner: Magnolia Partnership. Representative: Sidney B. Young Earl Black, 110 N. Poplar Avenue, Sanford, stated that they have agreed to Staff's recommendation to place the fence 5' back so as to have landscaping in front. Mr. Stogner moved on approval based on Staff's recommendations. Seconded by Mr. Robert. All in favor. Motion carried. Next was to hold a Public Hearing to consider a request for a Dimensional Variance for property located, at 210 S. Park Avenue in a SC-3. Special Commercial zoning District to allow to reduction in the number of parking spaces per 100 square fee of buildable floor area: .5 (30 spaces) required, .05 (3 spaces) proposed, a variance of .45 (27 spaces). Tax Parcel No: 25- 19- 30 -5AG -0404 -0030. Property Owner /representative: Elizabeth Duff. Elizabeth Duff, 123 Genevieve Dr., Altamonte, and Tim Gaus, architect, 2277 Lee Road, winter Park, were present for representation. Mr. Gaus stated that there are some unique circumstances. The Duffs purchased this property without doing a thorough review of the zoning and the physical conditions of property. 30 parking spaces required. There are potentially 5 spaces which includes a 2 car garage in back. Mr. McClanahan stated that the City created SC -3 zoning in the 1970s for the simple reason that parking did not exist for structures downtown. This zoning was created specifically to deal with the downtown area that had limited parking spaces. Marvene and David Kelly, 321 Magnolia Avenue, were in opposition to the request stating that there are problems with parking in the area and that the application should be operating under Historic Preservation Guidelines. Mr. Skat moved on approval with Staff's recommendations based on hardship considerations and circumstance for this building. Seconded by Mr. Hattaway. All in favor. Motion carried. Next was to hold a Public Hearing to consider a request for a Dimensional Variance for Lil' Champ located at 1920 French Avenue in a GC -2, General Commercial Zoning District to allow a reduction in accessory building setback requirements (canopy): 35' required, 25' proposed, a variance of 10 Tax Parcel No: 36- 19- 30 -300- 0470 -0004. Property Owner: Lill Champ Food stores, Incr. Representative: Larry J. Longenecker, St. Johns Engineering. MINUTES PLANNING AND ZONING COMMISSION MEETING OF AUGUST 21, 1997 PAGE 3 Bill Tully, St. Johns Engineering, Jacksonville, was present and stated that they are willing to cooperate with the City in meeting the requirements for this site. Mr. Robert moved for approval per Staff's recommendations. Seconded by Mr. Skat. All in favor. Motion carried. Next on the Agenda was to consideration of the Final Plat for Rose Hill Subdivision, a 59 lot single family residential subdivision located at 1 Rose Hill Trail (Sanford Avenue) in a SR -1, Single Family Residential Zoning District. Tax Parcel Number: 18-20-31- - 300- 006B- .0000. Property Owner: Sala Inc. of Florida - Houshang Sabeti, President. Representative: Merwan Naime, P.E. TABLED: August 7, 1997. Mr. Robert moved to remove from the table. Seconded by Mr. Skat. All in favor. Motion carried. Houshang Sabeti, 132 Colonial Drive, Orlando, was present. Mr. Robert moved for approval. Seconded by Mr. Stogner. Mr. Hattaway abstained. All others in favor. Motion carried. The next item was the consideration of the Site Plan for a proposed building and parking lot expansion for Mars Hill Seventh Day Adventist Church located at 800 E. 2nd Street in a RMOI, Multiple Family Residential, Office, Institutional Zoning District. Tax Parcel No.: 30- 19 -31- 300 -0030 -0004. Property Owner: Mars Hill Seventh Day Adventist Church. Representative: Vasant (Omar) Shere. TABLED: August 7, 1997. Mr. McClanahan moved to remove from the table. Seconded by Mr. Skat. All in favor. Motion carried. Omar Shere, 117 Rabun Ct., Sanford, was present. Mr. Skat moved on approval based on Staff's recommendations. Seconded by Mr. Stogner. All in favor. Motion carried. Next was the consideration of the Prelim. nary Subdivision Plan for Sterling Moods, a 123 lot residential subdivision located at 1250 W. Lake Mary Boulevard in a PD, Planned Development Zoning District. Tax Parcel No:10- 20- 30- 300 -0030 -0000. Property Owners: Penelope Peterson, Seminole National Bank, BML Investments. Representatives: Larry Dale; Hugh Harling - Harling, Locklin and Assoc., Inc. Kevin Collins of Harling Locklin, 850 Courtland Street, Orlando, was present. Mr. Stogner asked Mr. Collins if he was aware that Staff is recommending sidewalks on both sides of entrance. Mr. Collins stated "yes" . Mr. Robert moved for approval per Staff's recommendations. Seconded by Mr. Skat. All in favor. Motion carried. Next was the consideration of the Site Plan for Holiday Inn Express, a 72 room motel located at 3401 Orlando Drive in a GC -2, General commercial Zoning District. Tax, I.D. Number: 11- 20- 30 -300- 006C -0000. Property Owner: Ishwar R. Naran. Representative: Norman Stoehr - Forum Architecture. Norman Stoehr, 745 Orient Avenue, was present for representation. Mr. Skat moved on approval based on Staff's recommendations. Seconded by Mr. Stogner and Mr. McClanahan. All in favor. Motion carried. MINUTES PLANNING AND ZONING COMMISSION MEETING of AUGUST 21 1997 PAGE 4 Mr. Stogner stated that a parking analysis is needed far ,the downtown area and asked if anything had been recently. Mr. Marder stated that an analysis had been done in 1987 and noted that if something was done today, there probably wouldn't be that much of a change because the parking situation has not changed in the downtown area for many years. Mr. Marder stated that he would provide the Commission with excerpts from 1987 study. Mr. McClanahan moved to approve the Minutes as circulated. Seconded by Mr. Robert. All in favor. Motion carried. There being no further business, the meeting adjourned at 9:00 P.M. FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR CO UNTY, MUNICIPAL, AND OTHE LOC AL PUBLIC OFFICERS LAST NAME-FIRST NAhSE- M1UUL.E NAME NAME OF ARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE !, AN THE BOARD, COUNCIL, COMMISSION. AU' dRITY, OR COMM[ EE ON MAIUN(: AL)URESS WH SERVE IS UNIT OF 1 � CI1�Y COUNTY LOCAL. AGENCY CITY COU 'r N AME OF POLITICAL UB to 1: DATE ON WHICH VOTE (� 'UKREl y POSITION IS: AQ(7 00 "MzA ._ E!. �r11lE APPOINTIVE W HO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or ort mittee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Sectioii 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the lame when faced with a measure in which you have a conflict of intef st will vary gre fitly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE ITH SECTION 11 43, FLORIDA STATUTES ELECTED OFFICERS: person holding elective county, municipal, or other local-public office MUST A BSTAIN from voting on a measure which inures to his special private gain. Each local off ie r also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a governmem agency ) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assenibiv the nature of your interest its the measure on which you are abstaining froin voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. 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IF YOU INTEND To MAKE ANY ATTEMPT TO INFLUENCE THE DECISION] PRIOR TO THE MEETING T WHICH TH VOTE WI 13 t TAK • You should complete and file this form (before making any .attempt to influence the decision) with the person responsible foi recording the minutes of the me Ling, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consi of the matter in which you have a conflict of interest kF YOU MAkE NO ATTEMPT T 'I 1FLUEI E THE I E I I N EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature o y our conflict in the measure before participating. • You shou complete the form and file it within 15 day after the Grote occurs with the, person responsible for recording the minute o f the meeting, who should incorporate the form in the minutes. DISCLOSURE O� LOCAL OFFICER'S INTER ST 0 0 M' 1 A\J � �s # ! 1� � herby disclose that on ... 0 a measure carne or will cane before my agency which (check ore) inured to my special private gain; or inured to the special gain of , by whom I am retained b The measure bet - ore my and the nature of my interest in the measure is as follows: 0M VVL0*411`_ Date Filed Signirture NOT ICE: CI P OF FLO STAT §112.317 (1985) A FAILURE TO M AKE E ANY F E U1 1 D ISCLOSURE N TITUT ROU FOR AND MAY BE PUNISHED B Y ONE OR MORE OF THE F LL W 11 IMPEACHMENT, REMOVAL OR SUSPENSION FROM i OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1 SALARY, REPRIMAND, II Al D, A CIVIL PENALTY NOT TO EXCEED $5,000. I{ I � I From the Director of Planning and Development August 15, 1997 G TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of August 21, 1997 STAMM - Request to rezone from RC -1, Restricted Commercial to GC -2, General Commercial for property located at the southwest corner of Celery Avenue and Mellonville Avenue. Site is basically vacant at the present time and includes 11,130 square feet. 2. Adjacent uses include office /storage, automobile repair, convenience commercial and single family residential. 3. Site is designated Neighborhood Commercial on the Future Land Use Plan Map of the Comprehensive Plan. Commercial zoning within the immediate area is Zoned RC -1, Restricted Commercial. The RC -1 Zone is specifically "intended to implement the Comprehensive Plan "Neighborhood Commercial (CN) Future Land Use Map designation." The GC -2, General Commercial zone is intended to implement the General Commercial land use designation that is primarily highway oriented. 4. The applicant has submitted a site survey drawing and a letter dated July 5, 1997 in which the apparent intent and purpose of the request is to establish a fruitivegetablelflower stand. 5. Recommend that the site be rezoned to PD, Planned Development rather than GC -2, General Commercial because GC -2, General Commercial is primarily oriented towards highway types of commercial uses and is inconsistent with the intent and purpose of the neighborhood- oriented Future Land Use and associated zoning in the immediate area of the site. Also, GC -2 appears to be unnecessary for the apparent intended use of the property. Specifically, recommend that the PD, Planned Development zoning include the site survey and letter submitted by the applicant with the following stipulation /condition: Uses shall include all uses permitted and conditional in a RC -1, Restricted Commercial Zoning District plus a roadside fruit and vegetable stand. KMR INC. - Request to rezone from AG, Agricultural to GC -2, General Commercial for property located at 2720 West 25th Street. Planning Recommendations - Page 1 Site is Zoned AG, Agricultural and includes an existing skating rink facility with associated parking. 2. Site was recently annexed into the City of Sanford. The site continues to be included in the Seminole County Comprehensive Plan. Specifically, property that is annexed into a municipality does not automatically become part of that municipality's comprehensive plan. The property must be amended into the municipality's plan. 3. The Seminole County Planning Office confirms that the Future Land Use Plan Map of Seminole County reflects a Low Density Residential designation. Therefore, in order for the site to be rezoned to a commercial use, its comprehensive plan designation must be changed to reflect a consistent designation. While such a change could be accomplished in the City or the County, recommend that the applicant apply for such a change in order for the rezoning to be considered further. 4. Based on right -of -way maps of the Eastern Beltway, a portion of the site fronting County Road 46A either has been taken or will be taken as part of the expressway right -of -way. 5. Recommend that the rezoning application be tabled until such time as an associated comprehensive plan amendment may be considered. LEE -YOUNG - Request a dimensional variance to chain link fence setback standards for property Zoned GC -2, General Commercial located at the northwest corner of Magnolia Avenue and West 25th Place. Site is Zoned GC -2, General Commercial and contains an existing building at the present time. The applicant has previously received site plan approval as well as conditional use approval to construct mini warehouse storage buildings with site plan approval subject to dimensional variance. 2. The applicant requests a dimensional variance to chain link fence setback requirements. Specifically, the application requests that the chain link fence be allowed to be placed on the property line in the front yards of Magnolia Avenue and 25th Place. 3. Various pre - existing chain link fences are located within the immediate area of the site within the front yard building setback area. 4. Recommend that the dimensional variance request be approved in a modified form in order to permit the chain link fence to be located within the front yard building setback but a minimum of five feet in back of the required landscape along Magnolia Avenue and 25th Place based on the ability to screen the fence from the street for an undeveloped site as well as pre - existing chain link fences in the area at the present time.. DUFF - Request a dimensional variance to parking space requirements for property Zoned SC -3, Special Commercial located at 210 South Park Avenue. Planning Recommendations - Page 2 Site is Zoned SC -3 Special Commercial and includes a 50 foot wide parcel with existing buildings covering the majority of the site. 2. The applicant requests a dimensional variance to parking requirements set forth in Schedule H of the Land Development Regulations. Specifically, the requestor desires to provide three spaces instead of 30 required for a mixture of retail and office uses totaling 6,000 square feet of gross leasable area. 3. The site is located within Sanford's Historic Downtown area where most buildings developed without dedicated off- street parking. While many businesses and other uses have off - street parking facilities, on- street parking is available in the general vicinity of the site. Schedule H states, ". . . there shall be no off - street space requirements for nonresidential uses of one thousand (1,000) square feet or less when such uses are located within eight hundred (800) feet of an off - street parking area owned by the City of Sanford and when such uses are located in an SC -3, Special Commercial Zoning District. " Regardless of the size of eventual individual leased areas within the proposed building, the site is not located within 800 feet of a City -owned off - street parking area. 4. The Planning and Zoning Commission granted a dimensional variance that essentially waived parking requirements for the Welaka Building located at the northeast corner of First Street and Oak Avenue. 5. The applicant has submitted a written explanation /justification for the request for a dimensional variance dated July 22, 1997. In addition, general plans for the proposed building renovations of the site are provided. 6. Recommend approval of the request for a dimensional variance for parking spaces, as requested, based on justification submitted by the applicant and existing characteristics of uses already established in the immediate area at the present time. ST. JOHNS ENGINEERING. INC. - Request a dimensional variance of gasoline service island setback requirements for property Zoned GC -2, General Commercial, located at the northwest corner of French Avenue and West 20th Street. Site is Zoned GC -2, General Commercial and includes a convenience store with an existing gasoline service island. 2. Applicant proposes to replace gasoline pumps and canopy per site plan dated June 17, 1997. The proposed canopy will be 25 feet from the right -of -way of French Avenue /U.S. Highway 17 & 92. The City's requirement is 35 feet from the right -of -way. 3. Recommend approval of the requested dimensional variance based on the service island and overall site configuration already being in place and general observation of other similar gasoline service station canopies along French Avenue being located in similar or closer proximity to French Avenue right -of- way. Planning Recommendations - Page 3