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HomeMy WebLinkAbout01.05.95x FROM THE LAND DEVELOPMENT COORDINATOR January 5, 1995 TO: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission,, 7:00 P.M., Thursday, January 5,, 1995,, in the City Commission Chambers,, City Hall, Sanford, Florida AMENDED AGENDA 1 . Hold a Public Hearing to consider a request for a Conditional Use for property located at 4000/4001 Country Club Road in a MR -1, Multiple Family Residential Zoning District for the establishment of minimum parcel areas; minimum parcel widths at building lines and minimum yards; and for retention within a secondary wellfield protection zone. Owner: Mack N. Cleveland and Patricia T. Stenstr m / Contract Buyer: Park Avenue Development Representative: Udo Garbe (Tabled 10/20/94) 2. Hold a Public Hearing to consider a request for a Dimensional Variance for property located at 400014001 Country Club Road in a MR -1, Multiple Family Residential Zoning D'istr'ict for the purpose of rear yard setbacks, s, 2 ' proposed, 25' required, a variance of '; and the elimination of fencing around the retention pond. Owner: Mack N. Cleveland and Patricia T. Stenstrom I Contract Buyer: Park Avenue Development Representative: Udo Garbe (Tabled 18120194) I Consider a 104 knit Preliminary Subdivision Plan for property located at 4000/4001 Country Club Road in a R -1, Multiple Family Residential Zoning District. Owner: Mack N. Cleveland and Patricia T. Stenstr m / Contract Buyer: Park Avenue Development Representative: Udo Garbe (Tabled 10120194) 4. Hold a Public Hearing to consider a request for a Dimensional Variance for property located at 230 Coastline Road in a RI -1, Restricted Industrial Zoning District for the purpose of a reduction in the distance between vehicular access and right -of -gray intersection: 100 feet required, 4 feet proposed - a variance of 60 feet. Owner: CBC Industrial Park / Contract Buyer: Economic Development Group Enterprises, Inc. Representative: H. D. H lsomba h 5. Hold a Public Hearing to consider a request for a Conditional Use for property located at 2904 Orlando Drive in a -2, General Commercial Zoning District for purpose of alcoholic beverage sales, Class 5, on site consumption - beer and wine. Owner: Ball Family Properties, Inc. 1 Lessee. Orlando Deli Management,, Inc. Representative: Clarence T. Eide B. Consider the Site Plan for Lot 1, Sanford Central Park, a office warehouse use located at 230 Coastline Road in a RI -1, Restricted Industrial Zoning District. Owner: CBC Industrial Park 1 Contract Bayer: Economic Development Group Enterprises, Inc. Representative: H. D. H l omba h 7 . Consider the Site Plan for Gateway Plaza located at 4591 W. 1st Street in a PD Planned Development Zoning District. Owner: Harold G. Harts k, Tr. / Contract Buyer: Faison Capital Development & Hardy Callaway Development Group Representative: Torn Murray,, P.E. 8. Consider the Site Plan for an accessory building for Dix n's Wheels and Sounds located at 601 French Avenue in a -2, General Commercial Zoning District. O wner: Barbara Martin / Lessee: Mark A. Dixon Representative; Hark A. Dixon 9. Consider the request the waive the fifty M) square feet of required landscaping with a detached sign for Eddy's Food Store located at 301 French Avenue in a -2, General Commercial Zoning District. Owner: Azmi M. Ideis Representative; Scott Walford 10, Any other business from floor or Commission Members. 1 1 . Reports from Staff. ADVICE TO THE PUBLIC. If a person decides to appeal a decision made with respect to any ratter 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 CISSIGN MEETING OF JANUARY 5, 1995 7:00 P.S. CITY CONKISSION CHEERS EMBER PRESENT: Lynn Stogner Ross Robert Joe Dennison Ben Dyal Dike Davis ;aim Valerinc re yen Stairs Leon Brooks MEMBERS ABSENT Cynthia Holt - Miller OTHERS PRESENT Clay Simmons, City Attorney Jay Marder, Director of Planning and Development Bettie Sonnenberg, Land Development Coordinator Russ Gibson, Land Development Coordinator Marion Anderson, Recording Secretary The Chairman 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 request for a conditional Use for property located at 4000/4001 country Club Road in a MR -1, Multiple Family Residential zoning District for the establishment of minimum parcel areas; minimum parcel widths at building lines and minimum yards; and for retention within a secondary wellfield protection zone. owner: Mack N. Cleveland and Patricia T. Stenstrom / Contract Buyer: Park Avenue Development; representative: Udo Garbe. (Tabled Mrs. Stairs made a motion to remove from the table. Seconded by Mr. Stogner. All In favor. Motion carried. Mr. Marder summarized his recommendations, attached,. stating that the site's relationship to the comp Plan complies with the Future Land Use Element and Comp Plan. Facilities, i.e. drainage, r °creation, surer, and water, and their impacts were taken into cor_s idera 4 ion and found that those impacts can be accommodated The wellhead protection provisions were reviewed and found that they would be unlikely to cause a problem with the proposed excavation to construct this development. Mr. Marder stated that Staff's recommendation is to approve this request based on consistency with the Comprehensive Plan, similar single family residential character already established in the adjacent area, compliance with wellfield protection requirements and ability of project to meet public facility requirements and standards. Miranda Fitzgerald,, attorney with Lowndes, Drosdick, Doster, Kantor & Reed, PA, 215 N. Eola Drive, Orlando, stated that she was representing Parke Avenue Development Corporation. She introduced Udo Garbe, President of Parke Avenue Development, Randy June, Engineer for the project, and Storm Richards, who had done the habitat study for the project. Ms. Fitzgerald stated that they were representing the first three items on the Agenda. The first was a request for a Conditional Use to allow single family dwellings to be constructed on 50x100 -foot lots. The second is a Dimensional variance that would allow the reduction of rear yard setbacks on lots that back up to country Club Road. She stated that their third request is for site plan approval. MS. Fitzgerald stated that in her presentation, she would be lumping Items one and Three together. A bit of background I is that the property is 10 acres on each side of Country club Road for a total of slightly more than 20 acres. The property has been zoned and comprehensively planned for years as a multi - family residential site. She stated that the applicant was MINUTES PLANNING AND ZONING COMMISSION MEETING of JANUARY 5, 1995 PACE 2 not asking for a multi- family development. The current zoning category allows up to 8 dwelling units per acre which would yield 160 units. She stated that they were asking for 104 detached units uo be constructed on this site. This property is on the edge of City of Sanford's corporate limits, bounded on the north and east by Seminole County. Ms. Fitzgerald stated that the neighbors are not tax pagers nor voters in the City of Sanford. The City of Sanford has first response agreements for fire and police. Ms. Fitzgerald stated that people that do not live within the City limits of Sanford probably take advantage of its recreational facilities. Ms. Fitzgerald stated that the property is zoned MR -1 and that the owner could come in and ask for apartment units. The request presented tonight is a significant improvement over ghat is allowed. She stated that the developer is willing to commit-to a price ranee for the homes that would begin at not less than $100 - 00. The high value of the proposed homes is because the infrastructure cost is going to be significant. The project cannot be built on septic tanks. Residents on adjoining properties are on septic tanks and potable water. This project will be on central sewer and water systems. sewer will have to be extended from 46A and the water line from the Golf Course. A lift station and left turn lanes will be provided. sidewalks will be provided on Country Club Road and throughout the project. Entrance features and a wall will have to be provided. Drainage infrastructure has to be provided. Also, all infrastructure must be permitted by local and state agencies. The site cannot be developed without all applicable permits being in hand. Ms. Fitzgerald stated that the Traffic Consultant for this project is Traffic Planning and Design. The roads impacted are Country .Club Road, County Road 46A, and Upsala Road. She explained that all roadway links operate at Level of Service A. Intersections operate at Level of Service B. Every link and intersection operates better than Level of Service E. This development, when completed, will not adversely effect the Level of Service of Seminole County nor the City of Sanford's Comprehensive Plan. She stated that the St. Johns River water Management District will review water quality issues and issue stormwater management permits. This project must meet treatment standards prior to discharge. Parke Avenue Development will be providing retention ponds which will meet state and local regulations. She stated that as of today, all water coming across the site is sheet flow, and by providing retention ponds, they will be improving the existing conditions. Ms. Fitzgerald stated that Park Avenue Development will be paging a substantial amount of impact fees to the City of Sanford and Seminole County, i.e potable water, surer, transportation, fire and police impact fees. a Seminole County library fee, a City recreation fee, and Seminole County School impact fee. The City currently has in excess 107 acres of recreational lands over and above what the Comp Plans sags the need is to service the City. Parke Avenue Development will be paying additional recreational impact fees to the city. She stated that this project will fall within a secondary wellf field protection zone. Because this project is being proposed for single family homes, it is not likely to impact the wellfield that abuts this site. She stated that it is anticipated that home buyers in this project will not be entry level home buyers because of the price. The Developer anticipates largely an adult community because of the golf course. Ms. Fitzgerald stated that the Developer will comply with City standards for paving and curbing of the interior roads. The Developer will also be donating 30' of additional right -of -way on Country Club Road. She stated that the property is a burned out MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 5, 1995 PAGE 3 orange grove. There are gopher tortoises located on this property. The Gage and Fresh water Fish Commission has set up regulations for these turtles. The Developer has obtained a relocation permit for the tortoises. She stated that gopher tortoises are not endangered but rather a species of special concern. The least protected on the endangered species list. They are important to everyone concerned and the Developer is working with the Game and Fresh water Fish Commission to mare a smooth transition. Ms. Fitzgerald stated that the St. Johns River water Management District has visited the property regarding wetlands. Dr. Storm Richards has staked the wetland lines. Because of high water level and the pond that exist at the southwest corner of the site, Dr. Richards staked a line where the wetland probably is. The SJRWMD could not tell where the line is because of the standing water. At the present time, they would prefer to call it a safe upland line rather than a wetland line. Ms. Fitzgerald stated that she had discussed the road issues with Seminole County Staff and City of Sanford Staff. Seminole County thought 100 of right-of-way on Country Club Road was needed and the City was comfortable with 80' of right-of-way. Seminole County agreed that 80' would be sufficient. Parke Avenue agreed to donate 30' of additional right -of -way and in return asked that the rear yard setback along Country Club Road be reduced from a 25 setback to a 20' setback. Ms. Fitzgerald concluded her presentation and requested that people speaking in opposition give their location in relationship to the property in question. Charles Choyce, 582 Hardway Place, Country Club Oaks Subdivision, Lake Mary, was present to spear in opposition. Mr. Choyce stated that most people present are concerned and opposed to this development. Where is nothing special or unique about this property to justify this variance. It will be a very high density development. He stated that it would not work a hardship on anyone to build-out the property as it is zoned. He stated that he had looked at the 1973 Minutes when the property was rezoned. At that time, the developer wanted to build golf course condominiums. The property was rezoned but was limited to 8 -units per acres. There has been no one who has wanted to do anything with this property since that time. Mr. Choyce stated that his main concern is that it is not In harmony with the Comp Plan and will be injurious to the community involved. mhe density of the proposed 104 units is incompatible with lot sizes in the area. The average lot size in the adjacent area is totally different. He stated that at the previous meeting Mr. Garbe stated that they would try to sell homes in the proposed area for $100,000 and up. He stated that ghat is important is what are the homebuyers interested in. The hom.ebuyers are not interested in what the infrastructure costs. Mr. Garbe will probably sell homes to home builders and the homebuilders will pay what they think the homes are worth. He stated that the developer will probably sell the homes for approximately $70,000. if Mr. Garbe has to have $100, 000 homes, experts will tell you that people will not pay $100,000 for homes packed into these acres with no amenities. we will end up with a bunch of roads and a bunch of retention ponds. Mr. Choyce stated that everyone wins if the Commission denies this request. These homes will be in the $70 to $75,000 price range. He stated that this project will probably lay dormant. Mr. Choyce noted that the adjoining property owners are not city residents. The adjoining property value will plummet. He asked the Commission to do the City of Sanford residents a favor by denying this request. He stated that 9 out of the 11 census tracts in Sanford are classified as poverty zones. He stated that the Commission should not make this area the 10th poverty tract. He noted that the City of Sanford's Historic Board wrote a letter opposing this development. The retention ponds are too small and MINUTES PLANNING AND ZONING COMMISSION MEETING of JANUARY 5, 1995 PAGE 4 water will have to be pumped somewhere else. He stated that Country Club oaks was built with four retention ponds. This project will be built with 2 retention ponds. When Country Club Oaks was flooded by the rains, Mr. Garbe had to install, expensive pumps to pump the water into a nearby lake. Regarding Mr. Choyce's statement that this project was not in harmony with the Comp Plan, Mrs. Stairs stated that Staff rec:onunends that it is. Mr. Choyce stated that this development should be consistent with the general character of the neighborhood. He stated that the general criteria of constructing this type of high density development is incompatible with the general criteria as set forth in the Comp Plan. Mrs. Stairs also noted that engineering and drainage issues are not decided on by the Planning and Zoning Commission, and that economic feasibility is not something that the Commission considers. Mr. Choyce stated that it was emphasized that this would be a $100,000 home project. Homes in the square footage that the developer is 'proposing does not sell. Mr. Dyal asked Mr. Choyce if he would prefer an apartment complex rather than a single family homes. Mr. Choyce stated that there are some very good looking apartment complexes in Sanford that are well maintained. Some apartments have amenities that make the project attractive. He stated that this would be a row house development. Mr. Dennison stated that this development proposes approximately 5 units per acre rather than 8 units per acre. Mr. Choyce stated that he would like to see well maintained apartments rather than row homes. Linda Manning, 207 Lakeview Drive, stated that she was raised on Crystal Drive. Her family now owns three single family homes within the adjoining area. She stated that she and her family are totally united in opposition to this development. She is not speaking as an expert witness; she is speaking for family only. She is a certified residential appraiser for the State of California. Her specialty is in complex properties and private developments. She has been an appraiser for 18 years. She stated that the project as it is designed would not receive a positive feasibility analysis. Mr. Dyal stated that this Board considers requests from business people that may or may not be successful. It is not Planning and Zoning's role to decide whether it will be profitable or not. He stated that the Commission may or may not know whether it is appropriate or not appropriate. Mr. Dyal asked Ms. Manning the value of her home today. Ms. Manning stated that one home is valued at $80,000, one at $90,000 and one at $70,000. Mr. Dyal asked why is there such a variance. She stated because of conditions and lot sizes. Mr. Dyal asked if the proposed homes do not sell for 100,000, and as a real estate appraiser, would she use one of these homes to compare to any of her homes. Ms. Manning stated that it would be based on age of the home. The closest community would be Chase Groves. She would, add in neighboring homes. Mr. Dyal asked her if she had her preference, would she like to see an apartment or single family homes. Ms. Manning stated that she would prefer a multi- family residential housing project. That way, there would be only one board or owner to deal with. She stated that her personal preference would be co- housing, condominium ownership to attract to the older home buyers. Mr. Robert noted that the Comp Plan did address the economic feasibility that Ms. Manning bought up. Mr. Dennison stated that Ms. Manning was asking the Commission to tell the property owner not to use his property. Ms.j Manning stated that she was asking the Commission not to grant the variance but rather use the property as zoned. Arthur Mahue, 250 Lakeview Drive, stated that he was concerned with the retention pond and the stormwater. Ms. Fitzgerald stated that the potable well site is for drinking water which includes Weilfield no 2. Mr. Marder stated that the wellfield includes MINUTE PLANNTNG AND ZONING CO MMISSION IMEETILNG OF JANUARY 5, 1995 PAGE 5 several actual wells located along Rantoul Lane. Mr Mah stated that Utilit Inc. of Florida has indicated that the water plant and the wells are within the area of the retention. Mr. Mahue stated that he called the St. - Johns River water Management District and that the District was not aware of the well in the retention area. He stated that SJRWMD has informed him that retention ponds should be 100' f rom wells. The sewer lift station should be 150 from the well and it is barely 150' if that. He wanted to know what happens if the lift station overflowed and contaminated the wells. Mr. Mahue stated that he believes that if the retention ponds are built as presented, they would not be large enough. If Retention Pond B _is bui as presented, It will restrict the flow of natural water. Most of the water from the grassed areas and streets will flow into the retention pond.. The problem is that the water that runs from the street contains gasoline, nitrates, and other elements. she stormwater from the retention pond on the west side wyll flow into Pond B. Pond B is to have an overflow installed to allow excess water to flow into Crystal Lake. He stated that they do not need anymore storm water in Crystal Lake. Mr . Mahue stated that lakes do not h ave outlets. The west pond shows a 24 pipe leading 'Co east pond. He stated that the neighbors do not need a 4811 pipe for stormwater running into Crystal Lake. The overflow � proposed to go from Pond B between two houses, Lots 9 and 10, into Crystal Lake. It is proposed that the ponds will be maintained by a homeowner's associat Who will mow it. The plans show that there is to be no grassed area in the pond area and no fencing around the pond. The fencing is to keep children away from the pond. Mr. Mahue stated that he had visited the property and had seen as manor as 4 0 tortoise holes. There are quails on the property, squirrels, and there were seven ducks in Crystal Lake. Per Mahue stated that the filter system as proposed for the stormwater runoff,, is a skimmer not a filter. At the f irst meeting, he stated that Mr. Garbe had said he had constructed Country Club Oak. Country Club oaks is now pumping its stormwater into Crystal Lake. Mr. Mahue stated that Mr. Garbe now wants to dump some more stuff into the Lake. Grass and water plants now grow in this Lake. This was not so before. Mr Stogner asked Mr. Mahue if the SJRwMD did not approve the retention pond. Mr. Mahue stated that they were not aware of it. Mr. Marder noted that the Department of Environmental Protection states that a retention pond is to be 100' from a potable wellf field. Mr Stogner asked Mr. Mahue what he wanted. Mr. Mahue stated that he did not want the retention pond to be within 10o' of the well. He requested the Commission to deny Mr. Gar be's request. Bill Edwards stated that his property abuts about 600" of the southern boarder and on the west side of Country Club Road. He stated that the southwest corner of the project is and has been 36 under water and that the water extends 200' easterly. Mr. Edwards stated that this area has been in a relatively drought condition for 25 years in Seminole County. this wetland has been interrupted by Rantoul Lane and the golf carts. Any retention pond being built on 36- in ches of water is foolish. The St. Johns River water Management District confirms that there are serious problems on this site. Mr Edwards stated that as an a djacent property owner, he is concerned with the lack of cooperation he has received. He stated that he has called and visited City Hall a number of times regarding the plans for this proj ect and that he has had no success in reviewing the plans. He stated that there will be no privacy wall around this property. Neither the developer nor the City have provided enough information to satisfy the adjacent homeowners. Carolyn Bingham, 101 Crystal View East, asked what is the purpose of the variance Is it for the best use of the property? Have there been any environmental studies done? She asked what was contained in the Economic Feasibility study. Mr. Dennison stated that nothing other than ghat has been presented tonight is being MINUTES PLANNING AND ZONING COMMISSION MEETING OF JAI\TUARY 5, 1995 �hr_P r, considered. Ms. Bingham asked if there were engineering studies and reports Mrs. Stairs stated that this Commission relies on Staff to make recommendations on engineering issues. Mr. Stogner stated that the Commission makes decisions based on facts. Mrs. Bingham asked if any member of the Commission stands to gain monetarily from by this action. The Commission was polled, and the response was a unanimous "no ". Ms. Bingham stated that the use would have been appropriate in 1973 but now we should look to the future. She asked if this property wil require a pumping station and if a pumping station could be put in without effecting the property owners within the area. Anthony Detagli a, 122 W. Crystal Drive, asked the expertise of each of the Commissioners to decide on a matters like these. He asked how does the Commissioners decide if this will be good for the area. Clay Simmons, City Attorney, stated this Board must consider whether or not the proposed project complies with the land use plan. The applicant has asked for a conditional use and a - variance. He stated that the Board has input from staff, the applicant and the public. This gives the board facts upon which to make a decision. The Board is qualified and empowered to rake dec If the Board finds that standards have been met they approve the decision. Mr. Detaglia asked the Commission to consider this request strongly. He stated that they do not want anyone to ruin what they have now. He asked the Commission to think about it as a homeowner and try to make concessions. L. R. Rice, 203 Forest Drive, stated that part of this property is an old grave and is "sugar sand ". When water is poured onto the sugar sand, and it goes down and down. ?n the 1960's, the runoff on the south side of the bridge was standing there for a week and a half, 5 or 6 deep. P eople could h ave raised bull frogs in the front yard.. Mr. mice stated that the road does not have a heavy amount of traffic going through there now. In two years, the traffic on C:ountyy Club Road would amount to 15,000 cars per day. Country Club Road will be a feeder road for Lake Mary, Longwood, Altamonte and for the new shopping center. In two gears traffic will warrant 4 laning this road.. It is at 1,000 trips per day now. This property is roughly a mile and 2/3 from Idyllwilde School. Children have to walk to school. There is a need for sidewalks. Mr. Rice stated that traffic lights should be at entrance of this development and at 4 6 and C Club Road. He stated that he was advised that this property was rezoned in 1973. . In 1973 there was a law in the State of Florida that the property had to be contiguous with the City limits. The City li mits at that time was Grapeville Avenue. This property was not contiguous. Mr. Choyce stated that a lot of people did not know what was going on here. He stated that they have been denied their procedural rights. At 9:15 the Commission took a 5- minute recess. Jane Whitter, 303 Fairway Road, was present and in opposition. She asked where will the sewer lines be placed. She stated that Country Club Road is a 100 year old road with a 30' right -of -way. If sidewalks or sewer lines are needed, they would destroy the roots of the trees that have been there for years. If the trees are destroyed, it could destroy the whole ambiance of the area. She requested that the Commission consider the quality of life for the area. She stated that we need to protect and preserve the better areas of Sanford. Ms Fitzgerald stated that this is not a high density project. The gross acreage works out to 5. dwelling units per acre. It is not a row house project. She stated that what they are asking for will not change the zoning. They are not asking for a variance that VTNUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 5, 1995 PAGE 7 deals with density. They are asking for conditional use approval under vhe existing zoning that would allow lot sizes of 50x100'. Ms. Fitzgerald stated that the MR -1 zoning allows density of up to 8 dwelling units per acre. She stated that the developer is at a preliminary stage. Some questions aren't resolved and won't be until the final engineering is completed. She stated that they would be pleased if a condition is put on the project that states that the stormwater facilities and lift station would meet the SJRWMD rules and regulations. She stated that according to codes, the developer will have tc go through the full permitting processing. She stated that the developer did not do and was not rewired to do a financial feasibility study . The plans indicate a minimum house size of 1,000`. The owner and developer will commit to a minimum house size and a range of dwelling unit sizes. Ms. Fitzgerald stated that the developer has said and stands by the fact that the houses will be approximately 1600 square feet, and that the houses could go up to 2000 cr more square feet. She stated that the figures presented to the Commission regarding houses on lot sizes, are smaller than what is being proposed. She specified a home of 1606 square feet in Tuscawilla. Ms. Fitzgerald stated that there will be a homeowner's association for this property. The association will have authority to lien property if the grass is not cut. There will be binding commitments. She stated that the developer would not like to fence the retention ponds but would rather have SJRWMD requirements for side slopes to make the ponds an amenity. Retention ponds can serve as an amenity value in subdivisions. Ms. Fitzgerald stated that what adjoining property owners have is an openness and they would like to keep it this way. If a higher intensity project is developed with a lower rental value, there will be entry level tenants with a lower rental value. Randy June, June Engineering, 71 E. Church Street, stated that this project is required to meet not only local codes but regulated by several state agencies. The retention facilities will have to meet prey and post conditions. He stated that the retention facilities cannot effect the surrounding areas in the post developmental state as in the pre developed state. The project will have to meet retention and water duality standards. The stormwater concerns will be addressed with the City and the St. Johns River Water Management District. Mr. June stated that this project is proposed to keep as close to the existing water and sewer lines as possible so as not to effect tree roots. Mr. June stated that his firm had submitted an application to the St. Johns River water Management District. There were 11 comments or questions from the District. Two questions specifically addressed the stormwater system. He stated that at this point in time there appears to be no opposition from the District. The master stormwater plan has been submitted to District. Mr. Mahue stated that what was submitted to the District did not address the wells. Mr. June stated that the project does meet the setback requirements for the wells as mandated by the State. Mr. Davis asked why are all the lots being proposed for 50' wide. Ms. Fitzgerald stated that it is thought that it would make for a more viable project given the infrastructure cost. She stated that there is a lot of interest in 50' lots today. The Central Florida area is moving towards 50' lots. Mr. Davis asked Ms. Fitzgerald if she felt they wouldn't have the means to install the infrastructure on 60` wide lots. Ms. Fitzgerald stated that developer thinks it is an appropriate lot size for this area. Mr. Choyce stated that all information pertaining to this application was not provided to the adjoining property owners. Mr. Simmons stated that everything that has been filed with Mr. Marder is public record. The City has no duty to provide copies to adjoining property owners. Copies are available if someone is MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 5, 1995 PAGE 8 wi to pay copy cost. There is a di between seeing and asking to have public records. Mr Mar der has never denied anyone the right to look at them. The next item on the Agenda was to hold a Public Dearing to consider a request for a Dimensional. variance for property located at 4000/4001 Country Club Road in a MR -1, Multiple Family Residential Zoning District for the purpose of rear yard setbacks, 2o' proposed, 25' required, a variance of 5'; and the elimination of fencing around the retention pond. Owner: Mack N. Cleveland and Patricia T. Stenstrom /Contract Buyer: Park Avenue Development; representative: Ud Garbe; (Tabled 10/20/94). Mr. Dyal made a motion to remove from the table. Mr. Stogner seconded. All in favor. �otion carried. Carolyn Bingham asked what is the reason for the request. Ms. Fitzgerald stated that the request is so this will not become a condemnation. The developer has.offered the County a total of an 80' right -of -way in exchan e for the reduction of the rear yard setbacks. She stated that special conditions and circumstances des not result from the application. She stated that it was not the developer's request but rather he was asked to give the additional right-of-way. The granting of the variance will not confer upon the applicant any special priveledges. She stated that this would be more of a benefit to the County and the City . Ms Fit zgerald stated that granting of the variance will be in harmony with the intent and purpose cf the ordinance. The purpose of the variance request is that it deals with the request of additional right -of- way. The project does meet the variance criteria. Mr. ^hoyce stated that the developer had said that he was requesting the variance because Country Club Road will be widened someday. Mr. Choyce stated that it will be a cold day in hell before they tear out the o k trees and widen Country Club Road. The developer created a C ondition that requires this setback. There is no evidence to app ove this. The condition that requires the setback was caused by heir site plan.. Mr. Simmons stated that Ms. Fitzgerald is correct when she follows and interprets the standards. The code states that the Planning & Zoning Commission must make specific findings, which would have no adverse effects. Mr Simmons stated that 6 items must be considered: that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other land, structures or buildings in the same Zoning District; that the special conditions and circumstances did not result from the action of negligence of the applicant; that granting the dimensional variance requested will not confer upon the applicant any special privileges denied by this Ordinance to other lands, buildings or structures in the same Zoning District; that literal interpretation of the pr visions of the Ordinance would deprive the ap plicant of rights Commonly enj b other P PP g y J y y properties in this same Zoning District under the terms of this Ordinance and would work unnecessary and undue hardship on the applicant; that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and that the grant of the variance will be in harmony with the general intent and purpose of this Ordinance and thus such variance will not be injurious to the area involved or otherwise detrimental to the public interest or welfare. He stated that if the applicant is granted approval for the variance, the Commission must make specif affirmative actions for each item. The Codes allows for a great deal of discretion. Phillp Lee, 4 Lake Wynn Blvd., stated that his back porch is wider than the proposed lots. There is no reason that this variance is needed. He stated that the neighborhood needed to be preserved and this is the time to start or the environment would be destroyed. The next item on the Agenda was the consideration. of a 104 unit Preliminary Subdivision Plan for property locat at 4000/ MINUTES PLANKING AND ZONING COMMI SSION MEETING OF J.A.WARy 5, 1995 Dzir -P 4 Country Club Road in a MR -1, Multiple Family Residential Zoning District. Owner: Mack N. Cleveland and Patricia T. Stenstrom/ Contract Buyer: Park Avenue Development; representative: Udo Garbe. (Tabled 10/20/94). Mr. Dyal made a motion to remove from the table. Seconded by Mr. Stogner. All in favor. Motion carried. Mrs. Stairs moved to approve the Conditional Use request based on Staff ' s relcommendat ions and that the project is consistent with the Ccmp Plan, and based on the similar single - family residential character already established, compliance with wellfield requirements, and with the requirement of a mandatory homeowner's association with a minimum of 1600 - square feet homes. Seconded by Mr Dyal. M r. Davis stated that this project is not appropriate for the area. Mr. Valarino concurred with Mr Davis. Mrs Stairs stated that consideration of the number of developments that this Commission has given variances of 50' lot requirements must be considered. Mr. Davis stated that he was not sure that every request has been granted. Mr. Valerino stated that just because we did it on one or two occasions, he:does not see Why the Commission would have to for every request. In favor of the motion was Mrs Stairs, Mr. Brooks, Mr. Dyal, and Mr. Robert. Opposed were Mr. Stogner, Mr. Val erino, Mr Davis, and Mr. Dennison. Motion failed. Mr. Valerino moved to deny the Dimensional variance request because it was not established that the special conditions and circumstances did not result from the applicant. Seconded by Mr. Stogner. In favor of the motion were Mr. Stogner, Mr. Robert, Mr. Va Mr. Davis, Mr . Dennison opposed Were Nor. Brooks, Mrs Stairs, and Mr Dyal. Motion carried. Mr. Davis moved to deny site plan approval based on the disapproval of Items 1 and 2 Seconded by, Mr. Valerino. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 230 Coastline Road in la RI -1, Restricted Industrial Zoning District for the purpose of a reduction in the distance between vehicular access and right-6f-way intersection: 100 feet required, 40 feet proposed - a varian e of 60 feet. Owner: CBC Industrial Park /Contract Buyer: Econo Devel Group Enterprises, Inc. representative: H. D. Hols, mbach. Dick Holsombach, 1218 E. Langley Ct., Lake Mary, stated that in order to bring vehicle traf is into this site, a variance of 60' to shorten the distance between vehicular access and right -of - Way intersection Was needed. Mr. Holsombach stated that the site will not allow for a U -turn. Traffic will be allowed only as an entrance. Mr . Davis moved to approve.; Seconded by Mr. Dyal. All in favor. Mot ion carried. The next item was to hold Public Hearing to consider a request for a Conditional Use for pr' pg purpose erty located at 2904 Orlando Drive in a GC-2, General commercial Znin District for of alcoholic P beverage sales, Class 5, �n site consumption - beer and wine. Owner: Ball Family Pro erties, Inc. /Lessee: Orlando Deli Management, Inc.; represent tive: Clarence T. Eide. Bud Eide, president and own o r of the company, stated that they sell very little beer but that ore customers would like a beer With their sandwiches once in a while. Mrs. Stairs moved for approval. Seconded by Mr. Brooks. All in favor. Motion carried. The next item was the consideration of the Site Plan for Lot 1 Sanford Central Park, a office warehouse use located at 230 Coastline Road in a RI -1, Restricted Industrial Zoning District. MINUTES PLANNING AND ZONING COMMISSION MEETING OF jANUARY 5, 1995 PAGE 10 Owner: CBC industrial Park /Contract Buyer: Economic Development Group Enterprises, Inc.; representative: H. D. Holsombach. Mr. Holsombach stated that he has the site plan to the point where staff is unanimously in agreement with it. Mr. Robert moved for approval with staff's recommendations. Seconded by Mr. Dyal. Mr. Davis elevation of building questioned the elevation of the building. All in favor. Lotion carried. The next item on the Agenda was the consideration of the Site Plan for Gateway Plaza located at 4591 W. 1st Street in a PD Punned Development Zoning District_ Owner: Harald G. Hartsock, Contract Buyer: Faison Capital Development & Hardy & Callaway Development Group; representative: Tom Murray, P.E. Tom Murray, Ivey Harris and walls, stated that he has continually worked with staff and agrees with Staff's recommendations. The right -of -way issue has been resolved. Mr. Robert moved for approval based on staff's recommendations and notes. Seconded by Mr. Dyal. All in favor. Motion carried. The next item was the consideration of the Site Plan for an accessory building for Dixon's wheels and Sounds located at 601 French Avenue in a GC -2, General Commercial Zoning District. Owner: Barbara Martin /Lessee: Mark A. Dixon; representative: bark A. Dixon. Mark Dixon, 997 Willow Run Lane, minter Springs, stated that he would like to try something different with the high dollar cars on his lot. Each building will house 4 cars overnight. One building is on -site at the present time. He would like to have a total of two buildings. The buildings will have hurricane straps that screw down into the ground. The buildings are 20 Mr. Stairs moved to approve. Seconded by Mr. Robert. All in favor. Motion carried. The next item for consideration was the request the waive the fifty (5O) square feet of required landscaping with a detached sign for Eddy's Faced Store located at 301 French Avenue in a GC-2, General Commercial toning District. Owner: Azrti M. ydeis Commercial representative: Scott walford. Scott walford., Lake Monroe, stated that he had constructed the sign. The sign pole has existed since 1961. Mr. walford stated that this pale sets right at the corner where the access is coming in off of 3rd Street and French Avenue. If the landscaping requirements are met, access and parking spaces will be lost. The owner would probably lose a minimum of three parking spaces and would lose access off of one side. Mrs. Stairs suggested a lesser landscaping requirement to dress up the pole. She suggested may be a small wood planter. Mr. wolford stated that he could put something like that around the base of it and stated that a coat of paint would make the concrete base look a Little better. Mr. Robert move for approval. Seconded by Mr. Stogner. Mr. Dyal and Mr. Davis opposed. motion carried. Mr. Brooks stated that he was disappointed that it had taken 3- hours to get through 3 agenda items. Mr. Dennison stated that he felt he must give everyone an opportunity to speak. Mr. Dyal stated that a lot of those people were being abusive. There being no further business, the meeting adjourned at 11:15 P.M. r Derinifson , Chairman From the Director December Planning TO: City of Sanford Planning and Zoning Commission 5 SUBJECT: Recommendations for Meeting of January 5, 199X NOTE: The following recommendation is revised from the original submittal dated October 20, 1994. PARK AVENUE DEVELOPMENT CORPORATION - Request conditional use approval of a preliminary subdivision plan to permit a single family residential subdivision with fifty foot wide lots and to permit the construction of water retention areas within a secondary wellfield protection zone for property Zoned MR -1, Multiple Family Residential located on Country Club Road. 1. Site is Zoned MR -1, Multiple Family Residential and includes approximately 20 acres. Site is basically vacant at the present time. Proposed use is 104 single family residential dwellings pursuant to a preliminary subdivision plan for Mayfair Club submitted with the application. 2. Site is adjacent to various single family dwellings and a golf course. 3. The City's Comprehensive Plan reflects a Medium Density Residential designation of up to eight (8) dwelling units per acre as set forth on the Future Land Use Map of the Future Land Use Element. The request is consistent with the Comprehensive Plan because the proposed development is approximately 5.2 dwelling units per acre. 4. A preliminary analysis of anticipated facility impacts is provided below. Final review of impacts is based on information provided by the applicant and is required prior to approval of the final plat and engineering and issuance of a site development permit. a. Traffic: As set forth in the City's Traffic Circulation Element of the Comprehensive Plan, County Road 46A would be the road tested for concurrency, i.e., adequacy of facility capacity, for the proposed development. The City has adopted a Level of Service "E" for CR 46A which equates to 16,100 trips per day at present two lane capacity according to standards set forth in the Data, Inventory and Analysis section of the Traffic Circulation Element of the City's Comprehensive Plan. Per Seminole County Traffic Counts, in 1994 there were 9,494 Planning Recommendations - Page 1 daily trips west of Country Club Road and 11,273 daily trips east of Country Club Road. Within five years Seminole County plans to expand CR 46A from two to four lanes between Rinehart Road and Old Lake Mary Road which will provide for a capacity of 34,000 vehicles per day. The proposed 104 single family dwelling units would generate up to 1,040 daily trips at 10 trips per single family dwelling. Therefore, additional traffic volume generated by the proposed development could be accommodated by existing capacity on County Road 46A in its present or anticipated capacity. Since the proposed development is immediately adjacent to Country Club Road, the following information is also provided for information purposes. Country Club Road is a Seminole County facility that is part of County Road 15 which also includes Upsala Road. According to Seminole County Traffic Segment Counts, traffic volume has decreased slightly on Country Club Road between CR 46A and Lake Mary Boulevard in recent years. Specifically, the daily volumes for the segment of Country Club Road adjacent to the site (between CR 46A and Linda Lane (near the curve south of site)) were 3,678 in 1992, 3,585 in 1993 and 3,350 in 1994. As contained in the 1994 Capital Improvements Element Update to the Seminole County Comprehensive Plan, May 1994 Draft, the 1993 Level of Service (LOS) for Country Club Road between CR 46A and Lake Mary Boulevard was LOS "A" with current excess capacity at 13,408 trips per day. It should also be noted that the County adopted a LOS of "E" for this and other similar facilities which provides for up to 19,360 daily trips. b. Drainage: The applicant proposes two drainage retention areas, one on either side of Country Club Road, to be connected by piping. A positive outfall to the Crystal Lake system is proposed. The City's Level of Service for drainage is to provide retention /detention for parcels with positive outfall to accommodate a 25 year, 24 hour storm event. Retention for parcels without positive outfall are required to accommodate a 25 year, 96 hour storm event. G. Sanitary Sewer: The City's LOS for sanitary sewer is 147 gallons per capita per day. The project would generate up to 35,774 gallons per day (2.34 persons times 147 gallons /person /day times 104 dwelling units). There are 7.3 million gallons per day of permitted capacity in the City's wastewater treatment plant. Currently, the average flow is 6.1 million gallons per day. d. Potable Water: The City's LOS for potable water is 161 gallons per capita per day. The project would generate up to 39,181 gallons per day (2.34 persons times 161 gallons /person /day times 104 dwelling units). There are 5.866 million gallons per day storage capacity in the City's potable water treatment system. The average flow is 5.23 million gallons per day for treated water. Planning Recommendations - Page 2 e. Recreation: The City LOS for park land is 3 acres for every 1,000 persons. The proposed project would generate the need for .73 acres of park land. There are currently 107.624 acres of excess park land capacity available in the City of Sanford. f. Based on the above information it would appear that the proposed development is capable of meeting concurrency requirements. 5. Wellfield Protection: The site and surrounding area are included in a secondary wellfield protection zone associated with City of Sanford's Wellfield Number 2. Wellfield Number 2 includes four active potable water wells located on the west side of the Mayfair Golf Course. Open drainage cuts below the seasonal high water table are permitted as conditional uses. There are several drainage ponds located within the vicinity of site including several on the golf course property itself as well as drainage retention ponds serving nearby single family subdivision developments. These existing facilities serve recreational and residential development that are unlikely to cause contamination to the groundwater. Proposed drainage retention ponds associated with the proposed development are similar to drainage retention areas and ponds already established in the immediate area and, as such, would not endanger the groundwater. 6. Recommend approval of the request to establish 104 dwellings on the site based on consistency with the Comprehensive Plan, similar single family residential character already established in the adjacent area, compliance with wellfield protection requirements and ability of project to meet public facility requirements and standards. PARK AVENUE DEVELOPMENT CORPORATION - Request a dimensional variance for rear yard building setbacks and retention pond fence requirement for property located on Country Club Road. Site is Zoned MR -1, Multiple Family Residential and includes approximately 20 acres. Site is basically vacant at the present time. Proposed use is 104 single family residential dwellings pursuant to a preliminary subdivision plan submitted with the application. 2. Site is adjacent to various single family dwellings and a golf course. 3. The applicant requests a dimensional variance to the rear building setback for proposed single family lots backing up to Country Club Road from 25 to 20 feet. This variance is requested due to the City's required base building line setback from the centerline of the road right -of -way as set forth in Schedule I, Base Building Line and Designated Right -of -Way Requirements for Specific Streets of the City's Land Development Regulations Future right -of -way needs for county- maintained Country Club Road have been met in an 80' wide proposed right -of -way shown on the preliminary subdivision plan. Therefore, the intent and purpose of the City's LDR which is to implement policies contained in the Traffic Circulation Element of the Comprehensive Plan relative Planning Recommendations - Page 3 the provision of adequate right -of -way for roadways has been met. 4. Recommend approval of the setback variance based on compliance with the intent and purpose of the City's Land Development Regulations which is intended to provide for future right -of -way needs for major roadways. NOTE: The request to vary the fence requirement around retention ponds is not considered in the dimensional variance process. H.D. HOLSUMBACH (CANTERBURY CONCEPTS, INC. - Request dimensional variance for property Zoned RI -1, Restricted Industrial located at the northeast corner of Upsala Road and Coastline Road. 1. Site is Zoned RI -1, is basically vacant at the present time and includes one lot in an industrial subdivision, Sanford Central Park. 2. Site is a corner lot. Per Schedule G, of the Land Development Regulations, driveways must be located a minimum distance of 100 feet or at least two - thirds the distance of the parcel frontage on a street, whichever is less, from the intersection of any right -of -way lines of streets. Pursuant to a site plan with a revision date of December 6, 1994, the applicant proposes two entries on Coastline Road. The westerly entrance does not comply with Schedule G because it is too close to the Coastline Road /Upsala Road intersection. However, the plan provides for a restricted traffic circulation system whereby the westerly entrance to the site is to be a right -in- only /no -exit driveway to serve trucks entering the site. The easterly entrance is proposed to be signed to prevent trucks from entering although cars will be allowed to enter. There are no proposed direct access points on Upsala Road. 3. Recommend that the dimensional variance be approved based on site plan and accompanying information provided by the applicant which depicts a traffic circulation system that avoids the traffic circulation problems that the Land Development Regulations are intended to prevent. ORLANDO DELI MANAGEMENT /SCHLOTZSKY'S DELI #3 - Request conditional use approval to permit a Class 5 alcoholic beverage sales license for property Zoned GC- 2 located at 2904 Orlando Drive. 1. Site is Zoned GC -2, General Commercial and includes an existing restaurant with associated parking areas fronting U.S. Highway 17 & 92. The applicant requests a Class 5 alcoholic beverage sales license to permit on -site consumption of beer and wine. 2. Adjacent uses include a vacant restaurant, a bank and a shopping center. 3. Recommendations are not provided for requests involving alcoholic beverage sales. Planning Recommendations - Page 4