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HomeMy WebLinkAbout09.19.96WORKSHOP AGENDA PLANNING AND ZONING COMMISSION SEPTEMBER 19, 1996 6:00 P.M. CITY COMMISSION CHAMBERS CITY HALL CITY OF SANFORD. FLORIDA 11 Telecommunication Towers - Discussion 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-- .assirs,tance -,to - participa,-te- -in- any of these proceedings should contact the personnel office ADA Coordinator at 330 -5626. 48 hrs in advance of the meeting, City of Sanford Planning and Zoning Commission Regularly Scheduled Meeting 7:00 P.M. Thursday, September 19, 1996 City Commission Chambers, City Hall, Sanford, Florida 1. Hold a Public Hearing to consider a Preliminary Subdivision Plan in conjunction with a Conditional Use request for property located at 601 Lake Minnie Drive in au MR -3, Multiple Family Dwelling Residential Zoning District for the purpose of a 77 lot single family residential subdivision with 50'x100' minimum size lots having 20 foot front, 5 foot side, and 20 foot rear yard setbacks. (Continued from August 15, 1996 Meeting). Owner: U.S. Home Corporation Representative: Kyle A. Sanders - U.S. Home 2. Hold a Public Hearing to consider a request for a Conditional Use for property located at 305 S. Park Avenue in an SG3, Special Commercial Zoning District, for the purpose of a bed and breakfast. Owner: Robert Welch Representative: Frederick Rogers 3. Hold a Public Hearing to consider a request for a Conditional Use for property located at 413 W. 14th Street in a GC-2, General Commercial Zoning District, for the purpose of wholesale distribution and storage. Owners: William and Sandra Scovell Representative: Jose' Balado 4. Hold a Public Hearing to consider a request, for a Conditional Use for property located at 819 E. 1st Street, Unit 9, in a RMOI, Multiple Family Residential- Office - Institutional Zoning District; for - the purp6se - of a reducti6n irr front yard - seth - ack - requirements: 30' required, 20' proposed, a variance of 10'. Owner: Andrew W. Greenberg - Greenberg Dental Associates Representative: Michael K. McCann - McCann Construction 5. Any other business from floor or Commission Members. 6. Reports from Staff. 7. 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. g WORKSESSION PLANNING AND ZONING COMISSION SEPTEMBER 19, 1996 6 :00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESS: • 4 Lynn Stogner Michael Skat 4 Otto Garrett Jim Valerino Ross Robert Helen Stairs Ben Dyal MEMBERS ABSENT: Leon Brooks Mac McClanahan- excused OTHERS PRESENT•: Andrew VanGaale, Associate Planner Jay Marder, Director of Planning and Development Russ Gibson, Land Development Coordinator Marion Anderson, Recording Secretary The topic of discussion was Telecommunication Towers. Mr. VanGaale stated that the report on the Telecommunication Towers reflects locations and other key issues. There was a windshield survey of the City including communication towers, water towers, light poles and other tall structures in the City. These structures were inventoried as to owners, parcel numbers, address, and heights. The structures were placed on a map for location and zoning districts. He stated that other jurisdictions were contacted and the City obtained their ordinances and information. Mr. VanGaale stated that there are three basic types of towers in the City of Sanford: lattice, guyed, and monopole. There are 21 communication towers within the City which includes 2 located just outside the City. There are 13 guyed, 6 lattice, and 2 monopole. Out of the 21 towers, 11 are used and owned by Seminole County or City of Sanford in use for public purposes. only 6 are actually used for cellular /private cell phones. Mr. VanGaale pointed out that most of the towers are located in either Commercial or Industrial zoning districts. There are two located within an RMOI zoning district (Central Florida Regional Hospital and Seminole County Services Building). Conditional Use approval is required by the LDR for public service structures, communication towers, in all zoning districts. There are five review standards in the LDR which provides guidelines to the Planning and Zoning Commission in evaluating all conditional use requests. Mr. VanGaale stated that there are three major issues involved in siting communication towers: Land Use Compatibility, Proliferation and Spacing of Towers, and Development Standards. He stated that local governments researched land use compatibility specifically to protect residential areas with consideration given to permitted /conditional uses, setbacks, separation from residential areas, and landscaping. Most local governments restrict the proliferation of towers and encourages tower owners/operators to co- locate their communication equipment on existing towers. General requirements of various jurisdictions include height, illumination, finished color, and fencing. MINUTES PLANNING AND ZONING COMMISSION wORKSESSION SEPTEMBER 19, 1996 PAGE 2 Alternatives to current permitting procedures are: Status Quo - keep the conditional use process as is; Add Standards to Conditional Use Process - continue to permit by conditional use procedures and apply recommended development standards.; and.. Restrict communication Towers by Zoning Classification and Apply Standards - change the permitted use in various zoning districts so that they may not be permitted in certain zones. Mr. VanGaale explained how Section 13.0 of Schedule E would be. He stated that in choosing Alternative B, the separation standards, 200' or the 300% of the height of the tower, whichever is greater, would have to be changed a little so that it could be used throughout the entire City rather than exclude single family residences. Buffer zones were not included in the development standards. Mr. Stogner commended Mr. VanGaale on.the excellent job done on the report. He asked what benefits do towers play in our area and if the Commission decides on Alternative C, would applicants have to come before. Planning and Zoning. Mr. Marder stated that it means that the applicants would only need a site plan. It could be completely staff approved. Mr. Skat stated that the City Commission has. to address the size of the towers vs. the tax base that they generate for the City. This is a big problem. Mr. Dyal stated that there must be a demand for the towers and that he did not want the City to say no more towers, period, because this may be a little bit archaic. He asked how many are being done on a speculative basis. Mr. Dyal stated that he did not want to see the towers go up on a speculative basis nor up in residential areas. Mr. Skat suggested that someone write a letter to the City Commission regarding the tax issue because the City won't benefit by putting any more of these towers up. He recommended an abandonment clause =with a bond. Mr. VanGaale stated that it is hard to tell if a tower is abandoned. One way to address this. issue is explore licensing requirements for tower operators:. Mr Stogner requested that landscaping be a requirement in installing towers. Mr. Robert stated that he didn't think the Commission needed to send to the City Commission to ask about the tax base because he is confident that when Bill Suber's office appraises the properties that were vacant and now has a tower, that he will include the value added of the tower. Mr. Robert questioned the limitation of antennas on the roofs of buildings. Mr. VanGaale stated that the City could require that any antennas mounted on buildings such as water towers, cannot be higher than 20% of the height of the building or 20 and must be setback a minimum of 10 from the edge of the building. Mrs. Stairs stated that it was the conccensus of the Commission to recommend Alternative-C Mr. Robert requested that Staff insert requirements for antennas and. Mr . Skat asked if Staff would check on abandonment. There being no further business, the workeession adjourned at 6:50 P.M. Helen Stairs, Chairperson MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 19, 1996 7 :00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESMiT: �y Lynn Stogner Mike Skat Otto Garrett Jim Valerino Ross Robert Helen Stairs Ben Dyal MEMBERS ABSENT: Leon Brooks Mac McClanahan- excused OTHERS PRESENT: Jay Marder, Director of Planning and Development Russ Gibson, Land Development Coordinator Marion Anderson, Recording Secretary Mrs. Stairs called the meeting to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider a Preliminary Subdivision Plan in conjunction with a Conditional Use request f property located at 601 Minnie Drive in an MR -3, Multiple Family Dwelling Residential Zoning District for the purpose of a 77 lot single family residential subdivision with 50 minimum size lots having 20 foot front, 5 foot side, and 20 foot rear yard setbacks. (Continued from August 15, 1996 Meeting). Owner: U.S. Home Corporation; representative: Kyle A. Sanders - U.S. Home. Mrs. Stairs announced that this item had been withdrawn. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 305 S . Park Avenue in an SC - Special Commercial Zoning District, for the purpose of a bed and breakfast. Owner: Robert welch; representative: Frederick Rogers. Fred Rogers, 305 Park Avenue, was prese for representation. He stated that he has been restoring the property and planning on a 3 -room bed and breakfast, 3- Victorian rooms, with ,a. maximum capacity of 2- people per room. Parking would be on the side lot with entrance off 3rd Street. He would like to have a mulched parking lot. He will be picket fencing the lot area and in the rear of the property he will be putting in a gazebo. in the garden. The main hous has been restored. Mr. Rogers stated. that they will be offering a continental breakfast and that there will be no need for cooking at the facility. He stated that he did not have any problems with ` Staff's recommendations.. Mr. Stogner questioned the number of rooms and bathrooms. Mr. Rogers stated that there are 2 -1/2 bathrooms. He is putting in a powder room on the first floor and is remodeling the existing bathroom downstairs. He stated that eventually he will be putting in his own bathroom suite. Mr. Stogner questioned Staff on rooms having their own bathrooms., Mr. Marder stated that the City established general guidelines which are included in.the recommendations. Other than that, there isn't anything that requires that, there be. a bathroom: attached to a bedroom or suite. MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 19, 1996 PAGE 2 Mr. Stogner requested that Staff look into this. Mr. Robert questioned the height and material of the picket fence. Mr. Rogers stated that across the front of property, the picket fence will create an ambiance. The fence will be standard 36 or 42" gotham picket fencing, made out of cypress, painted white. He stated that he has a grant from Mainstreet for facade improvements. He has approval from the Historic Preservation Board for the privacy fence and house colors: Country Green with a Beige trim with Paprika moldings.. Regarding the garage apartment, the downstairs will be cleaned and reinforced:, and the upstairs will be for personal use.. Robert Welch, 208 W. 17th Street, was present and spoke in favor of this request.. He stated that he was speaking as landlord of the property. This property is almost-at the entrance to the Historic District and will enhance the entire district. Mr. Welch stated that the actual owner of the property is Al Woodruff. He is under contract to own it and has handled the property for two years. Mr. Valerino asked who has to live in it because as he reads it Al. Woodruff has to live in it. Mr+ Marder stated that this is the same provision that has been used all along. Mr. Stogner asked if this could be tabled until the Commission finds out if the owner will occupy this property. Mr. Robert asked if there was a way to.-modify the language to make it work for the Commission. Mr. Welch stated that he has a contract to purchase the property and is subcontracting to purchase the property with Mr. Rogers. The lease on the property is between Mr. Rogers and Al Woodruff. There is no specific date for purchase but there is a specific purchase agreement in the. lease. Mr. Valerino moved on approval based on Staff's recommendations. Seconded by Mr. Robert. Mr. Skat asked if this could, be approved subject to the purchase option expiration on the lease. Is there something that can kick back out. so that the property is no longer a bed and breakfast. Mr. Marder stated that the City Attorney says Conditional Uses run with the land. Mr. Stogner suggested that the Commission go by what Staff is recommending and if the owner is going to occupy the property, they come before us again and we approve it. If their not going to occupy it, he has a real problem with it. He stated that the. Commission just sent one to the City Commission that the owner is not occupying it. Mr. Rogers stated that by the time. he is up and operating, he will not be the owner of record. He has a lease for four years with an option to renew for another four years, and an option to purchase at anytime during that four: years.. The lease. has a. condition that he is leasing the property to operate it as a bed and breakfast. Mr. Robert stated that the intent of having the person who rents it be there is, met by having the lessee. Mr. Dyal asked if it could state owner /leaseholder, whatever. Mr. Valerino stated that the Commission should require-any more nor any less than what we have done on the other bed and breakfasts, Mr. Valerino, Mr. Robert and Mr. Garrett in favor the motion. Mr. Stogner, Mr. Skat, Mr. Dyal and Mrs. Stairs opposed. Motion failed. Mr. Dyal moved to approve the request with the addition of owner /on -site manager. Mr. Robert ; suggested that the motion be changed to make it more restrictive than on -site manager to lessee-in possession or tenant in possession. Mr. Robert seconded the motion. Mr. St gner stated that if this is approved, he thinks it will be a disaster. The. Commission is setting a standard. Mr. Robert asked if the motion is to approve MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 19, 1996 PAGE 3 it per Staff's recommendations with the one change being lessee /owner occupied. Mr. Dyal stated "yes ". Mr. Robert, Mr. Skat, Mr. Dyal and Mr. Garrett in favor. Mr. Stogner, Mrs. Stairs and Mr. Valerino in opposition. Motion carried. Mrs. Stairs stated that she was not happy with the way this went. The next item was to hold a Public Hearing to consider a request for a Conditional Use for property located at 413 W. 14th Street in a GC -2, General Commercial Zoning District, for the purpose of wholesale distribution and storage. owners: William and Sandra Scovell; representative: Jose' Balado, Jose Balado, 1016 Turtle Creek Drive, Oviedo, was present. Re- stated that they have a supplier in Birmingham. The merchandise is sent from Birmingham and is. changed from one container to another then shipped to Central and South.America. He receives approximately 2000 tires per week. Mr. Stogner moved on approval per Staff's recommendations. Seconded by Mr. Skat. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use, for property located at 819 E. 1st Street, Unit 9, in a RMOI, Multiple Family Residential- Office - Institutional Zoning District, for the purpose of a reduction in front yard setback requirements: 30' required,. 20' proposed, a variance of 10 owner: Andrew W. Greenberg Greenberg Dental Associates; representative: Michael K. McCann - McCann Construction. Mike McCann, 119 Labe Rena Drive, Longwood was present. He stated that they will be pushing out to the west 13 There was no one else present to speak in favor of or in opposition to this request. Mr. Skat moved to approve subject to Staff's recommendations. Mr. Robert and Mr. Garrett seconded. All in favor. Motion carried. Mr. Garrett requested that Staff check on the lighted sign at PDQ Bail Bonds. Mr. Gibson to check.. Regarding the decision made on the bed and breakfast., Mrs. Stairs stated that she is concerned because the- apartment complex that was salvaged from being torn down, with the Trust's help, is when these criteria came into play. It went with the land so it wouldn't turn into another boarding house. The building on Park was saved. Two or three months ago, the owner of that building made application to the City to have that one thing removed, that he did not have to save an apartment for himself, which meant it would go right back to where it was before. Now, the Commission has just handed Mr. Rogers this. How can we turn him down when he comes back and says he wants his manager to stay there and one of his tenants becomes his- manages. Mr. Dyal stated that that person has to have a legal interest in the property. This is a risk that we look at in a lot of our decisions. Mr. Stogner stated that his concern.is that the Commission might as well approve every bed and breakfast that comes in here. Now we're not consistent. Mr. Robert stated that he thinks the Commission has done as well as it can because the combination of owner and lessee are truly legitimate. MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 19, 1996 PAGE 4 Mrs. Stairs stated that the Commission did.not have a problem with the bed and breakfast being there. What she has a problem with is this Commission diluting what has been set up so that the ` City doesn't have the boarding houses anymore. Mr. Stogner stated that someone should talk to the City Manager on this because the Commission is going to get a lot of feedback on this in terms of the nonconsistency of how we vote and how we are passing something on to the City and then turn around, before they vote on it, and vote the opposite way. Mr. Dyal noted that this was an occasion where this CommWissi.on could have used some input from the Historic people. Mr. Marder noted that the City Commission approved the waiver of the 500' buffer for the ACLP on 25th Street. This should come back before the Commission at the next meeting. Mr. Stogner moved to approve the Minutes as circulated. Seconded. by Mr. Garrett. All in favor. Motion carried. There being no further business, the meeting adjourned at 8 :00 P.M. Helen Stairs, Chairperson