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HomeMy WebLinkAbout02.15.96City of Sanford Planning and Zoning Commission Regularly Scheduled Meeting 7:00 P.M. Thursday, February 15, 1996 City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Hearing to consider a request for a Conditional Use for Hill Dermaceuticals, Inc. located at 2650 Mellonville Avenue in an RI -1, Restricted Industrial Zoning District, for the purpose of an above ground fuel tank. Owner: Sanford Airport Authority Representative: Jerry S. Roth, Applicant 2. Hold a Public Hearing to consider a request for a Conditional Use for Lot 1, ACI Income Fund PD, Don Pablo's Mexican Kitchen located at 100 Towne Center Boulevard in a PD, Planned Development Zoning District for the purpose of a restaurant with on premises consumption, alcoholic beverage sales regardless of alcoholic content. Owner: ACI Income Fund, Ltd. Representative: Jerry Richards 3. Hold a Public Hearing to consider a request for a Conditional Use for part of Tract D, Placid Lake Subdivision located at Airport Blvd. and Placid Lake Drive in a MR -3, Multiple Family Residential Zoning District, for the purpose of an elementary school site. Owner: Samuel C. Stephens, III, Tr. Representative: John A. Moseler 4. Hold a Public Hearing to consider a request for a Conditional Use for Ray's Appliances located at 318 S. French Avenue in a GC-2, General Commercial Zoning District for the purpose of outside display. Owner: George Vogel Representative: Dean Ray 5. Hold a Public Hearing to consider a request for a Dimensional Variance for Kid -U -Not, Inc., an office and manufacturing facility located at 1201 Central Park Drive in a RI -1, Restricted Industrial Zoning District, for the purpose of a reduction of the Front Yard Setback Requirements for Sun Drive: 25' required, 15' proposed, a variance of 10 feet. Owner: Linda Rubel Representative: Steve Eaton, Developers Choice, Inc. 6. Consider the Site Plan for Kid -U -Not, Inc., an office and manufacturing facility for lot 20, Sanford Central Park located at 1201 Central Park Drive in a RI -1, Restricted Industrial Zoning District. Owner: Linda Rubel Representative: Steve Eaton, Developers Choice, Inc. 7. Consider the Preliminary Subdivision Plan for Pamala Oaks, Phase 2, a 26 lot residential subdivision located at 741 Upsala Road in a PD, Planned Development Zoning District. Owner: Esther M. Locke Representative: Charles M. Madden, Allen Madden Engineering, Inc. 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) 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. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 15, 1996 7:00 P.M. CITY COMMISSION C HAMBERS MEMBERS PRESENT: Ben Dyal Lynn Stogner James Valerino Michael Skat Helen Stairs Mac McClanahan Mark Platts Ross Robert Leon Brooks OTHERS PRESENT: Jay Marder, Director of Planning and Development Russ Gibson, Land Development Coordinator Marion Anderson, Recording The first item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for Hill Dermaceutieals, Inc. located at 2650 Mellonville Avenue in an RI -1, Restricted Industrial Zoning District, for the purpose of an above ground fuel tank. Owner: Sanford Airport Authority; representative: Jerry S. Roth, Applicant. Bob Wise, 689 Woodridge Drive, Fern Park, was present for representation. He stated that Hill Dermaceuticals and Roth Laboratories would like to construct a facility for the manufacture and distribution of pharmaceutical products designed for dermatology traits. The two main products manufactured will be for diseases of the scalp. Fuel will be used for their private airplane which is mainly used for marketing and for FDA meetings in Washington, D.C. Mr. Marder explained that this is a fairly complex project from the standpoint that there are several items, including closing one of the Airport's streets. The Airport Authority has received a grant from the Department of Commerce to re -route the street. The fuel tank is part of the lease agreement with the Authority. Mr. Marder stated that he would look into what the Airport has and what is planned regarding above ground fuel tanks. Mr. Wise stated that the tank will be at the northwest corner of the building surrounded by a 6' cinder block wall with reinforcing steel. It will be a 10,000 gallon, double - walled tank consisting of a single grade of aviation kerosene. Mr. Wise stated that Fuel Tech, the seller of the tanks, has also installed other above ground tanks at the Airport. They are responsible for the installation and pressure checks. The concrete pad that the tank will sit on is 8 thick and it has to have one strip of ceramic tile around it that identifies it as a fuel tank. The expense of the electric work alone is $5,000 because it has to be completely separate from the rest of the facility. It cannot be effected by other electric operations. It has to have a shut off at the site. Mr. Robert moved for approval as presented per Staff's recommendations. Mr. Dyal seconded. All in favor. Motion carried. The next item was to hold a Public Hearing to consider a request for a Conditional Use for Lot 1, AC2 Income Fund PD, Don Pablo's Mexican Kitchen located at 100 Towne Center Boulevard in a PD, Planned Development Zoning District for the purpose of a restaurant with on premises consumption, alcoholic beverage sales regardless of alcoholic content. Owner: ACI Income Fund, Ltd.; representative: Jerry Richards. Jerry Richards, 2910 Calumet Ave., Orlando, was present representing DF &R Restaurants, Don Pablo's. He stated that this will be a full service, Mexican restaurant having 272 seats and 27 employees. The bar /lounge section will have 50 seats. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 15, 1996 PAGE 2 Construction is slated to start within the next few weeks. Mr. Dyal moved on approval. Seconded by Mr. Roberts. 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 part of Tract D, Placid Lake Subdivision located at Airport Blvd. and Placid Lake Drive in a MR -3, Multiple Family Residential Zoning District, for the purpose of an elementary school site. Owner: Samuel C. Stephens, III, Tr.; representative: John A. Moseler. John Moseler, ZOM Development, 2269 Lee Road, Winter Park, stated that the majority of the parcel for school use is in the commercial district but the School Board needed a minimum of 16 acres. The request is for 82 -1/2' from another tract to add to the already zoned commercial parcel. Construction will start some time during the summer. This school will be between the Goldsboro and Lake Mary Elementary School Zone. The School Board plans to put up a wall along the side of the Railroad tracks. Mr. Moseler explained that there is approximately a.1/4 of an acre of wetlands that comes under St. Johns jurisdiction and a 1/2 acre that comes under the Army Corp of Engineers. There may be some mitigation with the portion of wetlands for Army Corp. Mr. McClanahan moved for approval with Staff's recommendations. Mr. Dyal seconded. Mr. Brooks abstained. All others in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for Ray's Appliances located at 318 S. French Avenue in a GC -2, General Commercial Zoning District for the purpose of outside display. Owner: George Vogel; representative: Dean Ray. Dean Ray, owner of business, and George Vogel, owner of property, were present. Mr. Ray stated that he was aware of Staff's recommendations and was in agreement with all but one requirement. He stated that he had a problem with the height restriction. He added that he sells appliances and that there aren't any appliances under 30 ". Mr. Marder stated that these guidelines were developed specifically for storefronts in the historic area. The height restrictions are more for aesthetic considerations basically, as a very limited sidewalk display. Mr. McClanahan moved for approval based on all recommendations with the change of height from 30" to 72 ". Seconded by Mr. Robert. Mr. Skat opposed. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for Kid -U -Not, Inc., an office and manufacturing facility located at 1201 Central Park Drive in a RI -1, Restricted Industrial Zoning District, for the purpose of a reduction of the Front Yard Setback Requirements for Sun Drive: 25' required, 15' proposed, a variance of 10 feet. Owner: Linda Rubel; representative: Steve Eaton, Developers Choice, Inc. Steve Eaton, 8150 Presidents Drive, Orlando, was present. Mr. Marder stated that he didn't see the rationale to get a variance. However, it is a double frontage lot and it is required to have a front yard building setback on both street sides. Recognizing that the side street will be a minor street, it is reasonable to treat it like a rear yard setback which is a little bit less, but not a total variance of the industrial standards. Mr. Eaton stated that the front yard is on Central Park Drive with the side yard being on Sun Drive. The reason for the request is that this is an irregular site. He stated that he will be constructing a rectangular building. It is strictly the rear corner of the building that projects into the setback. He stated that to keep the building rectangular, the end of that corner is needed. In terms of the amount of building in the setback vs. the amount of the building on MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 15, 1996 PAGE 3 the exceeding setback, and trees along the triangular side that will be saved, they do not want to trade the part of the building that is in the corner and jog it into the triangular area and lose some of the trees. Mr. Marder stated that as with many of the Dimensional Variances, the applicant was accommodating in providing the City with a list of criteria and reasons he felt were appropriate. Mr. Marder stated that it is reasonable to accept Mr. Eaton's comments as rationale for 'the variance. Mr. McClanahan moved on approval as requested subject to Staff's recommendations with the 15' setback. Seconded by Mr. Skat. Mr. Platts stated that standards for the variance have not been met and that the applicant would like the variance basically because he wants to build a bigger building. Mr. Valerino agreed with Mr. Platts. In opposition were Mr. Valerino, Mr. Dyal and Mr. Platts. Motion carried. The next item was the consideration of the Site Plan for Kid -U -Not, Inc., an office and manufacturing facility for lot 20, Sanford Central Park located at 1201 Central Park Drive in a RI -1, Restricted Industrial Zoning District. Owner: Linda Rubel; representative: Steve Eaton, Developers Choice, Inc. Steve Eaton was present for representation. Mr. Marder stated that the City does not have the engineering plans for this project. Basically, this plan is o.k. for site plan, at this point in time, but there are some details that have to be worked out. Mr. Robert moved for approval subject to final engineering and Staff's recommendations. Mr McClanahan seconded. Mr. Skat questioned the chemicals. Mr. Eaton stated that the only chemicals would be the paints which are environmentally safe. In opposition were Mr. Dyal and Mr. Valerino. Motion carried. Next on the Agenda was the consideration of the Preliminary Subdivision Plan for Pama.la Oaks, Phase 2, a 26 lot residential subdivision located at 741 Upsala Road in a PD, Planned Development Zoning District. Owner: Esther M. Locke; representative: Charles M. Madden, Allen Madden Engineering, Inc. Charlie Madden was present representing Suda, Inc. Mr. Robert asked if the lots would line up with the lots of the subdivision to the north. Mr. Madden stated "yes." Mr. McClanahan moved on approval subject to Staff's recommendations. Seconded by Mr. Stogner. All in favor. Motion carried. Mr. Platts tendered his letter of resignation. Mr. Dyal asked that Staff check on the house at the end of Escambia stating that there is not a window or a door in the entire house. Mr. Dyal also asked that the appropriate people know that the Magnolia Trees on Plumosa are very nice. He stated that he does not necessarily agree that the white gates at 15th Street and Sanford Avenue are privately held by the adjacent property owner. The gates are on City property, between the sidewalk and the street. He stated that the City maintained them for many years. Mr. McClanahan explained that this issue was researched in the 70's and it was found that the City did not own the gates. Mr. Robert moved to approve the Minutes as circulated. Mr. McClanahan seconded. All in favor. Motion carried. There being no further business, the meeting adjourned at 8 :00 P.M. Helen airs, Chairperson FORM 813 Mt:MURANUUM Vr vvim vvrrrw%-o r r%.*K COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS. �. Lq NAME I IR51 NAMt 1lUi)Ll NAM[ E Of HOARD, CO CI OMI4ISS10 AUTHORITY; OR MITTEt ' '[k1E SMV AUTHORITY. OR COMMITTEE ON A �� I//L]]��ING✓ UUR ' 'S WHIG I SER IS A UNIT OF: ,(�JJ �/! 1 CIT : COUNTY OTHER LOCAL AGENCY I VV WWW C' ( /(IU�Nr1' NAME O' ITIC'AL S BUIV N: DATE O WHICH V0'1't ]CC u %v MY PUSITI N 5. ,_. ELECTIVE APPOINTIVE WHO MUST FILE FORM 86 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 committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 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 law when faced with a measure in which you have a conflict of interest will vary greatly 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 WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government 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 assembly the nature of your interest in the measure on which you are abstaining from 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. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, 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 consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes j of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, o ,hereby disclose that on /� 19 - 4 a (a) A measure came or will come before my agency which (check one) :Zinu inured to my special private to the special gain of (b) The measure before my agency and the stature of my interest in the measure is as follows: Date Filed , by whom I am retained. Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREL: DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING :, IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1 SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of February 15, 1996 ROTH - Request conditional use approval to permit above ground fuel tank for property Zoned RI -1, Restricted Industrial located at 2650 Mellonville Avenue. 1. Site is Zoned RI -1, Restricted Industrial and includes vacant land at the present time. The Planning and Zoning Commission has reviewed and approved a site plan for a light manufacturing company to be located on the site. The site is located at the Orlando Sanford Airport and will have direct access to the runways. 2. Several fuel facilities and above - ground tank storage facilities are located in the general vicinity of site. 3. Recommend approval of the request to establish above ground fuel tank based on similar uses already established in the immediate area. DF &R OPERATING COMPANY, INC. - Request to establish a restaurant with alcoholic beverage sales (AB -COP ). 1. Recommendations are not provided for requests involving alcoholic beverages. MOSELER - Request conditional use approval to permit an elementary school on property Zoned MR -3, Multiple Family Residential located at Airport Boulevard and Placid Lake Drive. 1. Site is Zoned MR -3, Multiple Family Residential and is vacant at the present time. Site is a portion of Tract "E ", a tract in the Placid Woods subdivision. The adjacent tract, Tract "D ", is Zoned GC -2, General Commercial and is proposed to be utilized for the main buildings of the proposed elementary school. The GC -2 Zoning District permits schools "by right." The MR -3 Zoning District requires a conditional use to establish a school. 2. Adjacent uses include a proposed single family residential subdivision development recently approved by the Planning and Zoning Commission, various multiple family housing developments, a convenience store and a railroad. Planning Recommendations - Page 1 3. Recommend approval of the request to establish a school based on the existing character of the area at the present time. RAY - Request conditional use approval to permit outside display of used merchandise for property Zoned GC -2, General Commercial located at 318 South French Avenue. 1. Site is Zoned GC -2, General Commercial and is located at the corner of U.S. Highway 17 & 92 (French Avenue and West 4th Street. Site includes an existing building that is nonconforming. Specifically, the front yard setback of the building appears to be within approximately five feet of the sidewalk. Parking is located on the south side of the property facing West 4th Street. 2. Question is one of policy regarding whether to permit outside display in this location. Within the past twelve month period the Planning and Zoning Commission approved limited outside display at a pawn shop approximately six blocks south of the site. 3. Recommend that the request for outdoor display be approved with a condition that such outdoor display be limited to the outdoor display guidelines similar to those established for the City's Downtown Historic District. Such regulations reflect the older style of building without front yard building setbacks. The recommended guidelines are as follows: a. Displays shall generally be located directly in front of the storefront. Doorways shall not be blocked. b. Displays shall not hang from aerial braces but shall rest on the ground. C. Displays shall not be permitted when the business is not open. d. Displays shall not exceed thirty M) inches in height. e. Displays shall not project more than twenty four (24) inches from the building wall facing the street. f. Total display width shall not be more than two thirds (2/3) of the display window width of the storefront as measured in feet. EATON - Request a dimensional variance to building setbacks to permit a light manufacturing use for property Zoned RI -1, Restricted Commercial located at 1201 Central Park Drive. 1. Site is Zoned RI -1, Restricted Industrial and is vacant at the present time. Site is a corner parcel fronting Central Park Drive which is improved and an unimproved segment of Sun Drive. Applicant proposes to construct a light manufacturing facility. Planning Recommendations - Page 2 Applicant requests a dimensional variance to permit a fifteen foot front yard setback facing Sun Drive, an unopened, unimproved right -of -way. The City requires corner lots to comply with front yard building setbacks. The front yard setback requirement is 25 feet. The requested variance is 10 feet. 2. Uses adjacent to site include a fire station and vacant land. 3. Recommend that the request for a dimensional variance be approved for a twenty (20) rather than a fifteen (15) foot setback in order to provide sufficient room for drainage areas and to provide a standard setback in line with required rear yard setback criteria. Planning Recommendations - Page 3