HomeMy WebLinkAbout09.07.95FROM THE LAND DEVELOPMENT COORDINATOR
August 30, 1995
?,
TO: Planning and Zoning Commission
SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, 7:00
P.M., Thursday, September 7, 1995, in the City Commission Chambers, City
Hall, Sanford, Florida.
AGENDA
1. Hold a Public Hearing to consider a request for a Conditional Use for property located
at 2501 Sanford Avenue in a GC -2, General Commercial Zoning District, for the
purpose of establishing automobile dealer sales.
Owner /representative: Vincent Reali
2. Hold a Public Hearing to consider a request for a Conditional Use for property located
at 1311 Oak Avenue in a MR -2, Multiple Family Dwelling Residential Zoning District,
for the purpose of establishing an elementary school (K -5).
Owner /representative: Pastor Ronald W. Merthie 0
3. Hold a Public Hearing to consider a request for a Conditional Use for a proposed Red
Lobster restaurant located at 20 Towne Center Circle in a PD, Planned Development
Zoning District, for the purpose of alcoholic beverage sales - consumption on premises.
Owner: GMRI, Inc.
Representative: E. Charlene Fauley
4. Hold a Public Hearing to consider a request for a conditional Use for a proposed Olive
Garden restaurant located at 10 Towne Center Circle in a PD, Planned Development
Zoning District, for the purpose of alcoholic beverage sales - consumption on premises.
Owner: GMRI, Inc.
Representative: E. Charlene Fauley
5. Consider changes to Sanford Land Development Regulations, Schedule J, Landscape,
Buffer and Tree Requirements. Section 3.2.E. Barbed Wire, Cyclone And /Or Chain Link
Fence Prohibited. 4.
6. Any other business from floor or Commission Members.
7. Reports from Staff.
8. Minutes.
ADVICE TO THE PUBLIC. If a person decides to appeal a decision made with respect to any metier 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 hfs in advance of the meeting.
MINUTES
PLANNING AND ZONING COMMISSION
MEETING OF SEPTEMBER 7, 1995
7:00 P.M.
CITY COMMISSION CHAMBERS
MEMBERS PRESENT:
Lynn Stogner
Michael Skat
Jim Valerino
Mac McClanahan
Ross Robert
Helen Stairs
Mark Platts
Leon Brooks
Ben Dyal
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 Commission presented a plaque to Mr. Joe Dennison for
dedication and devotion during his tenure on the Planning and
Zoning Commission.
The first item on the Agenda was to hold a Public Hearing to
consider a request for a Conditional Use for property located at
2501 S. Sanford Avenue in a GC -2, General Commercial Zoning
District, for the purpose of establishing an automobile sales lot.
Owner /representative: Vincent Reali.
Dominic Reali, 168 Lake Breeze Circle, Lake Mary, was present for
representation. He stated that they have tried to sell the
property as it is zoned and has not had any luck. They have had
people interested but only for an auto sales lot. He stated that
this property is costing more money every month and they would like
some type of business to offset some of the costs. The property
has been on the market for sale for at least 3 or 4 years.
Mr. McClanahan noted that on the application it stated that the
owners would conform the building to anything that the Commission
requested and asked if this was true. Mr. Reali stated that they
would conform to the City's requirements, i.e . landscaping. Mr.
McClanahan stated that it would be nice if something like Mincer
Motors is the end result. It would be an asset for that
intersection. Mr. Reali stated that he is familiar with Mincer
Motors and that he had no problem in upgrading this property to a
similar setting. Mr. McClanahan noted that this particular corner
has gone down since the service station went out of business.
Mr. Reali stated that if he can't get a renter for the property, he
would operate the business himself. He stated that he has
interested people in using the corner for a car lot. He has tried
different types of businesses and have tried to work with everyone
regarding this property. He has had to repossess the property from
previous tenants. Mr. Reali stated that the old fuel tanks have
been removed and the monitoring wells have been cleaned.
Mr. Platts noted that on the sketch, there is indication of
landscaping on 45 and asked if this would be done. Mr. Reali
stated that he had no problem in doing whatever is necessary.
Mr. Stogner asked what type of upgrading would Mr. Reali be willing
to do. Mr. Reali stated that the upgrading of the building is the
number one priority. He stated that he had no problem with setting
it up similar to Mincer Motors. He is willing to upgrade the
building with complete landscaping.
MINUTES
PLANNING AND ZONING COMMISSION
MEETING OF SEPTEMBER 7, 1995
PAGE 2
Mr. Brooks asked how many cars would be at this location because
the site is small. Mr. Reali stated that he would probably have 20
cars or he would abide by the number the Commission recommended.
Mr. Reali stated that if this Commission would approve 10 cars
being on the site, it would be a start.
Mr. Skat asked how would the Commission insure that the landscaping
requirement would be met. Mr. Marder stated that both adjacent
streets are major arterials and that they both require a 10' wide
landscape strip. It is being recommended that the applicants close
all curb openings except the far south and the far east openings
from the intersection. The Commission would have the opportunity
to review all of this at site plan review.
Mr. Dyal stated that when the Singh brothers were at this location,
the Commission turned them down for an auto sales lot. He asked if
there has ever been auto sales at this location. Mr. Marder stated
"no." The City has allowed auto repair on the site. Mr. Reali
stated that there would be no auto repair but that there would be
auto detail.
Mr. Reali stated that he has no problem with completing landscaping
and that he would install planters if the Commission so desires.
He stated that at this time he had no requirements for a chain link
fence and that he would operate under the City's requirements. Mr.
Marder explained that permits would be required for curbing on
Sanford Avenue by Seminole County, and by the DOT for 46.
Mr. Dyal asked Staff how would the City like to see this property
developed. Mr. Marder stated that this is a staff recommendation
and it is the Commission's prerogative to object or accept the
application as it sees fit. Retail is a reasonable expectation for
this property. Mr. McClanahan stated that the property was used as
a service station. A service station generates more traffic
problems than a car lot. This may be a transitional type thing,
but personally, he is tired of seeing it remain vacant.
Mr. McClanahan moved to approve with the stipulation of tight and
stringent conditions and that the applicants come back with a site
plan. Seconded by Mr. Dyal for discussion. Mr. Stogner asked if
the motion included everything the Commission had talked i.e.
upgrading of the building and landscaping. Mr. McClanahan stated
"yes ". Mr. Marder stated that it is difficult to tell how it will
work from sketch. The site plan is the logical place to discuss
the number of cars. Mr. McClanahan recommended that Staff meet
with the applicants and let them know what is required. Mr.
Stogner asked Mr. Marder if he was aware, when he made his
recommendation, that the applicant would upgrade the building and
landscaping. Mr. Marder stated that he had taken for granted that
if anyone wanted to do anything, they would upgrade. Mr. Valerino
opposed to the motion. All others if 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
1311 Oak Avenue in a MR -2, Multiple Family Dwelling Residential
Zoning District, for the purpose of an elementary school (K -5).
Owner /representative: Pastor Ronald W. Merthie.
Rev. Ronald Merthie, 1308 Persimmon Ave., stated that the Church
wants to have an elementary school. They would. like to do more for
the children, first of all for members and then the public. The
Church wants to provide more for children in the way of a christian
education. He stated that there is adequate space and that they
would be using the Sunday School classrooms. Rev. Merthie stated
that there are kitchen facilities but that the students would bring
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PLANNING AND ZONING
MEETING OF SEPTEMBER
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COMMISSION
7, 1995
their lunches. The Church would provide milk and juices only for
a time being.
Rev. Merthie explained that there are 6 classrooms on bottom floor
and 6 classrooms on second floor of the education wing. Each class
room can house 25 children. If the school grows and they continue
to prosper, then they would use the top floor classrooms also.
Rev. Merthie explained that the Church is looking towards being
accredited and having a professional staff. He stated that he is
a former assistant teacher with a masters in education. The hours
of operation will be from 8 :30 to 2:45, with before and after
school care. 5 or 6 parents have shown interest in enrolling their
children.
Mr. Skat stated that he had concern with regards to traffic and
asked if the school would be responsible for traffic guards. Mr.
Marder stated that the City doesn't provide help for private or
public schools. An officer is provided to a school but he is not
responsible for traffic guard duty. Rev. Merthie stated that there
would not be a problem with the Church providing traffic guards.
He explained that the entrance onto the school would be by way of
14th Street and Oak Avenue. The parking lot is a part of the
Church. The property to the south was purchased by Church. Kids
will play at the park, and have physical education twice per week.
Mr. Robert moved for approval based on the existing church and
similar facilities of education already on site and that the
physical facilities will not be expanded without coming before this
Commission and based on the infrastructure already in place.
Seconded by Mr. Dyal. All in favor. Motion carried.
The next item was to hold a Public Hearing to consider a request
for a Conditional Use for property located at 20 Towne Center
Circle in a PD, Planned Development Zoning District, for the
purpose of alcoholic beverage sales - consumption on premises.
Owner: GMRI, Inc.; representative: E. Charlene Fauley.
The applicant requested that Items 3 and 4 be held together. The
Commission had no problems with hearing both requests at once.
Item 4 on the Agenda was to hold a Public Hearing to consider a
request for a conditional Use for property located at 10 Towne
Center Circle in a PD, Planned Development Zoning District, for the
purpose of alcoholic beverage sales — consumption on premises.
Owner: GMRI, Inc.; representative: E. Charlene Fauley.
Earlene Degonyea was present for representation. She stated that
Red Lobster proposes to start construction in December and
completed in April or May. Olive Garden does not have a
construction start date as of yet.
Mr. Dyal moved for approval for both conditional. uses as presented.
Seconded by Mr. Skat. All in favor. Motion carried.
The next item on the Agenda was the consideration of changes to
Sanford Land Development Regulations, Schedule,? Landscape, Buffer
and Tree Requirements, Section 3.2.E.Barbed Wire, Cyclone and. /Or
Chain Link Fence Prohibited.
Mr. Marder stated that the City Commission has requested that the
Planning and Zoning Commission take responsibility to look at the
non - residential and multi- family uses for chain link fences.
Residential uses are the responsibility of the Building Official.
The Board of Adjustment was charged with the residential side of
1
MINUTES
PLANNING AND ZONING COMMISSION
MEETING OF SEPTEMBER 7, 1995
PAGE 4
this and they decided no way, no how. The Board of Adjustment
could not grant dimensional variances because they couldn't meet
all of the criteria. There was an issue brought before the Board
of Adjustment that was a big legal issue. The Board became
concerned about crossing all i and dotting all of the i so they
said they couldn't approve that item because of that and now they
can't approve any of the others. Technically, it was reasonable
what the Board of Adjustment said so the idea was to come back with
a method for Staff with certain criteria to do it. Mr. Marder
stated that there was quite a few different inputs on this, i.e.
the Building Department and the Community Development Department.
Mr. Stogner suggested omitting the portion in Item E.2. that says
the Planning and Zoning Commission may grant a waiver based on
security considerations. He suggested leaving in the portion that
says "may grant a waiver" because he feels that locking the
Commission into "security" is wrong. Mr. Marder suggested that
this portion read "the Planning and Zoning Commission may allow a
chain link fence ". In terms of non - residential, Mr. Marder asked .
if the Commission wanted to remove the security consideration
wording and leave the non - residential the way it is or change the
wording to "the Planning and Zoning Commission may allow barbed
wire and /or chain link fence to be located on a site and may
require landscaping and other appropriate measures, etc. Take the
word "waiver ",out.
Mr. McClanaha4 stated that applicants can appeal any administrative
decision to the elected body and asked if this path should be
provided. Mr. Marder stated that this is automatic in terms of the
non - residenti 1. Mr. Putts stated that it is just as important of
the height of he fence as what material the fence is made of. He
stated that he would like to see the fence height in the frontyard
setback as 4 There isn't anything in the codes limiting fence
height. Mr. Dyal suggested that under non - residential, the
Commission should omit the "waiver and security" parts so that the
Commission ha the right to grant a conditional use if it is
appropriate t9 this body. To clarify, Mr. Marder asked if it
should read: "However, the Planning and Zoning Commission may
allow a barbed',wire and /or chain link fence to be located on a site
and may require landscaping and other appropriate measures, etc."
Mr. Valerino suggested leaving it as it is, to prohibit everything.
Mrs. Stairs as�ed if the Commission could make a recommendation at
the next meeting. Mr. Gibson stated that the City Clerk has
advertised the first reading and it is on the City Commission
agenda for this Monday night. Mr. Marder stated that in. two weeks,
it will go before the City Commission for the second reading. Mr.
Platts suggested to allow chain link fences with a maximum of 4'
within the front yard setback, and a maximum of 6" in single family
residential areas unless prohibited by other codes.
Mr. Dyal opined that all applicants should come before the Planning
and Zoning Commission before they erect any fence in the front
yard. To have a fence in the front yard, applicants would need.a
reason.
Mr. Valerino stated that he would rather leave it as it is or have
applicants come back before the Planning and Zoning Commission
rather than let one person, an administrative official, make the
decision by counting fences in an area. Mr. Valerino stated that
his feeling is to reject the proposed ordinance and leave it as is.
Mr. Platts stated that he would like to see a fence height in the
ordinance. Mr. Valerino moved that the Planning and Zoning
Commission recommend that it stay as it is which is Ordinance No.
MINUTES
PLANNING AND ZONING COMMISSION
MEETING OF SEPTEMBER 7, 1995
PAGE 5
3254, and that it not be changed. Seconded by Mr. Robert for
discussion. Mr. Robert, Mr. Brooks, Mr. Valerino, and Mrs. Stairs
in favor of the motion. Mr. Stogner, Mr. Skat, Mr. Dyal, Mr.
McClanahan, and Mr. Platts in opposition. Motion failed.
Mr. Skat moved to recommend to the City Commission to leave No. 2
the way it is fabricated eliminating language with regards to
waiver and security and note that the Commission could not come to
a decision on No. 3, and that Staff reiterate some of the
Commission's concerns to the City Commission.. Seconded by Mr. Dyal
for discussion. Mr. Dyal stated that his concern is that the City
Commission will take the P & Z Commission's concerns for Item 2
into consideration and leave Item 3 the way it is worded because we
couldn't make up our minds. Mr. Skat withdrew his motion because
if we do nothing on No. 3 it will be left as it is.
Mr. Valerino renewed his motion to leave it as it is as stated in
Ordinance. No. 3254. Mr. Brooks seconded. Mr. Brooks, Mr.
Valerino, Mr. Skat, Mr. Robert and Mrs. Stairs in favor of the
motion. In opposition were Mr. Stogner, Mr. Dyal, Mr. McClanahan,
and Mr. Platts. Motion carried.
Mr. Robert moved to approve the Minutes as circulated. Seconded by
Mr. Brooks. All in favor. Motion carried.
Mr. Skat noted that there is not a turn arrow to go west at
Rinehart Road and 25th Street. This will be a real problem. Mr.
Marder stated that he feels this entire intersection needs to be
redone with the four - laning of Rinehart Road. Seminole County and
Lake Mary is discussing this intersection. It will be a lot
different within the not too distance future, plus, 25th Street is
going to be four - laned. Mr. Marder is to bring this to the
County's attention.
Mr. Skat requested that Staff see if something was missed when the
traffic signal at 13th and Sanford Avenue was put in because of the
increased traffic impact on 12th and Palmetto with people trying
to avoid this traffic light.
Mr. Skat requested that Staff to take a look at the east side of
Palmetto because it is zoned commercial. He would like to see it
all zoned residential.
There being no further business, the meeting adjourned at 9:00 P.M.
•
Map,
Helen Stairs, Chairperson
From the Director
Planning
Development
TO: City of Sanford Planning and Zoning Commission
SUBJECT: Recommendations for Meeting of September 7, 1995
THE AUTO CLUB- VINCENT REALI - Request conditional use approval to permit used
automobile sales for property Zoned GC -2, General Commercial located at 2501
South Sanford Avenue.
Site is Zoned GC -2, General Commercial and includes an unused gasoline
service station with an existing building. Site fronts State Road 46 East /25th
Street and County Road 425 /Sanford Avenue.
The applicant submitted a sketch of the site but did not submit an explanation
of the request.
2. Commercial uses adjacent to the site include a boat storage yard with adjacent
sales and repair facilities, a convenience store with gas pumps, a roadside fruit
and vegetable market and indoor retail sales.
3. Question is one of policy regarding whether to establish and /or expand
automobile sales type uses in this location of 25th Street and Sanford Avenue.
4. A request in December, 1992 to establish automobile dealer sales for
essentially the same site pointed out that ". . . there are no automobile dealer
sales establishments along 25th Street in the immediate area of the site at the
present time. Various automobile sales establishments are located on Sanford
Avenue, generally south of 26th Street... " The staff recommendation at that
time was to deny the request ". . . because the City should continue to
prevent automobile dealer sales from being established on this segment of
25th Street ... " The Planning and Zoning Commission denied the application.
The City Commission subsequently denied an appeal of the Planning and
Zoning Commission's decision. The Planning and Zoning Commission then
denied an application to waive the one year waiting period to make the same
request.
5. Recommend denial of the request to establish automotive dealer sales at the
southeast corner of Sanford Avenue and 25th Street because of the
desirability of encouraging such uses to be located in areas already evidencing
adjacent existing automobile sales establishments and in order to discourage
Planning Recommendations - Page 1
new automobile sales areas and prevent similar strip commercial development
from being established. This recommendation is in support of previous action
and policy direction by the Planning and Zoning Commission. Such uses are
already established in other areas of the City such as U.S. Highway 17 & 92
and more southerly segments of Sanford Avenue.
NEW LIFE ACADEMY - Request conditional use approval to establish an elementary
school for property Zoned MR -2, Multiple Family Residential, located at 1311 Oak
Avenue.
1. Site is Zoned MR -2, Multiple Family Residential and is located at the southeast
corner of 13th Street and Oak Avenue. Site includes various church buildings
at the present time, including a two -story building that appears to be utilized
for classrooms. Parking to support the existing facilities appears to be located
adjacent to site on the west side of Oak Avenue.
The applicant did not submit support documentation with the application such
as a site layout and an explanation of the request.
2. Existing uses adjacent to the site include the church parking lot, various single
family dwellings and a professional office.
3. Recommend that the request to establish an elementary school at 131 1 Oak
Avenue be approved based on the existing church and similar educational
facility type uses already established on the site and assuming that the
existing physical facilities will not be expanded to accommodate the
elementary school.
GMRI, INC. Request conditional use approval to permit alcoholic beverage sales in
a PD, Planned Development Zoning District for a Red Lobster Restaurant at Seminole
Towne Center Mall.
1. Planning Recommendations are not provided for alcoholic beverage sales
requests.
GMRI, INC. Request conditional use approval to permit alcoholic beverage sales in
a PD, Planned Development Zoning District for an Olive Garden Restaurant at
Seminole Towne Center Mall.
1. Planning Recommendations are not provided for alcoholic beverage sales
requests.
Planning Recommendations - Page 2