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HomeMy WebLinkAbout04.21.94FROM THE LAND DEVELOPMENT COORDINATOR April 18, 7994 TO: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, 7:00 P.M., Thursday, April 21, 1994, 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 1991 Lowe Avenue, in an AG, Agricultural Zoning District, for the purpose of a roadway and a stormwater treatment pond within a wellfield primary and secondary protection zone (Schedule M Section 6.0- Wellfield Protection). Owner: Seminole County Expressway Authority Representative: Gerald Brinton 2, Hold a Public Hearing to consider a request for a Conditional Use for property located at 402 W. 19th Street in an SR -1A, Single Family Dwelling Residential Zoning District, forthe purpose of an accessory residential structure (convert detached garage into dwelling unit. Owner/representative: O. Joyce Winge Price 3. Hold a Public Hearing to consider a request for a Conditional Use for property located at 129 Commerce Way in a RI -1, Restricted Industrial Zoning District, for the purpose of a paving contractor's office and shop. Owner: Lars J. & Martha D. Eriksson Representative: R. James Mitchell 4. Hold a Public Hearing to consider a request for a Conditional Use for property located at 2528 S. Orange Avenue in a Ri -1, Restricted Industrial Zoning District, for the purpose of an addition to an existing residence. Owner: Robert B. Haley & Frank A. Baldwin Representative: Melvyn Bain 5. Hold a Public Hearing to consider a request for a Conditional Use for property located at 200 N. Holly Avenue in a GC -2, General Commercial Zoning District, for the purpose of a metal fabrication /welding facility. Owner: ONA Partnership Representative: Anne Wallace B. Consider the Site Plan for Seminole Paving, a construction and contractor's yard use, located at 129 Commerce Way in a RI -1, Restricted Industrial Zoning District. Owner: Seminole Asphalt Paving, Inc. Representative: R. James Mitchell 7. Consider the request to allow the use of a chainlink fence with barbed wire within the required front yard building setback for Cadel Auto Sales, an automotive dealer sales use located at 1215 W. 1 st Street in a GC -2, General Commercial Zoning District. Owner: Francisco & Gloria Aviles Representative: David A. Wasserman a. Any other business from floor or Commission Members. 9. Reports from Staff. 10. Approval of 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 366.0105). Persons with disabilities needing assistance to participate in any of these proceedings should contact the personnel office ADA coordinator at 330- 5626, 40 hours In advance of the meeting. FROM THE LAND DEVELOPMENT COORDINA TOR ., April 21, 1994 TO: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning commission, 7:00 P.M.,r Thursday, April 21, 1 994, In the city Commission Chambers,, city Hall, Sanford, Ronda ADDENDUM TO THE AGENDA CONSENT AGENDA I Consider the request for a detached sign for Sanford Amoco, 1690 W. Airport Blvd, to a GC-2, General Commercial zoning district. Owner: George Mansour Representative: Charles Dingo, lino Signs ADVICE TO THE PUBLIC, if a parson 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 APRIL 21, 1994 7 :00 P.M. CITY COMMISSION CHAMB MEMBERS PRESENT: Joe Dennison John LeRoy Cynthia Holt - Miller Mike Davis Jim Valerino Tom Speer Leon Brooks Ben Dyal HERS ABSENT: Helen Stairs OTHERS PRESENT: Jay Marder, Director of Planning and Development Bettie Sonnenberg, 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 1991 Lowe Avenue, in an AG, agricultural Zoning District, for the purpose of a roadway and a stormwater treatment pond within a wellf ield primary and secondary protection zone ( Schedule M Section 6.0- Wellfield Protection). owner: Seminole County Expressway Authority; representative: Gerald Brinton. Mark Prochak, 3535 Lock Road, Orlando, stated that the request was made to allow for the construction of the Expressway. He asked that the request for the conditional use be tabled until an environmental analysis could be completed to evaluate the impact upon the wellf ield within the context of the established protection zones. Mr. Prochak stated that he is aware of staff's recommendations. Mr. Valerino moved to table. Ms. Holt - Miller seconded. all in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 402 W. 19th Street in an SR -1A, Single Family Dwelling Residential Zoning District, for the purpose of an accessory residential structure (convert detached garage into dwelling unit. Owner/representative: O. Joyce Winge Price. Due to a lack of representation, Mr. LeRoy moved to table this item until last on the agenda. Seconded by Ms. Holt - Miller. 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 129 Commerce Way in a RI -1, Restricted Industrial Zoning District, for the purpose of a paging contractor's office and shop. Owner: Lars J. & Martha D. Eriksson; representative: R. James Mitchell. James Mitchell, Orlando Paving Company, 3131 N. Powers Drive, Orlando, stated that he is requesting to have a paving contractor's office and shop and would like to install a chain link fence with barbed wire and would like to use shell for the parking of heavy equipment. MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 21, 1994 PAC-.p. 2 Mr. LeRoy asked if the area to be used for parking is behind the building and if the fence would encase the vehicles, Mr. Mitchell stated "yes ". He stated that this is not a regularly travelled road and that the public would not be able to see the trucks parked behind the building. Mr. LeRoy moved on approval based on staff's recommendation. 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 2528 S . orange Avenue in a RI -1. Restricted Industrial Zoning District, for the purpose of an addition to an existing residence, owner: Robert B. Haley & Frank A. Baldwin; representative: Melvyn Bain. Mrs. Sonnenberg stated that staff is requesting that this item be tabled due to the fact that all adjacent property owners were not notified of the meeting. Mr. Dyal moved to table, Mr. Brooks seconded. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 240 N. Holly Avenue in a GC -2, General commercial Zoning District, for the purpose of a metal fabrication /welding facility. owner: ONA Partnership; representative: Anne Wallace. Anne Wallace, 146 Country Place, stated that she was representing ONA Partnership. she stated that her family owns the warehouse which has been used for moving and storage for 32 years. She stated that they have an opportunity to lease to George spencer for metal fabrication. Mr. Valerino asked if the lease was contingent upon approval of the conditional use. Ms. Wallace stated "yes ", that she has a signed letter of intent for a three year lease. Ms. Wallace stated that Spencer Fabrication will have 5 employees. There will be less traffic although one to two semis per week are anticipated. She stated that this company expects one UPS delivery a day and will use a pick -up truck during the week, Mr. Speer moved for approval. Seconded by Mr. Brooks. All in. favor. Motion carried The next item on the Agenda was the consideration of the Site Plan for Seminole Paving, a construction and contractor's yard use, located at 129 Commerce Way in a RI -1, Restricted Industrial Zoning District. Owner: Seminole Asphalt Paving, Inc.; representative: R. James Mitchell. James Mitchell, Orlando Paving, Inc., 3131 Powers Drive, Orlando, stated that they are requesting a chain link fence as opposed to a site proof fence for security reasons. He stated that the Police will be able to look through the fence. The other request is for shell parking. Mr. LeRoy asked the setback of proposed office, Ms. Sonnenberg stated that the setback will be 30 Mr. Brooks asked if the fence would cover the entire property or just the back. Mr. Mitchell stated that the chain link fence will start just at the front of the building and include all the back portion of the property. The fence will not be within the front yard setback. MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 21, 1994 PAGE 3 Mr. Davis asked if there are any other parking lots in the area that have shell parking. Mr. Mitchell stated that Surnup and Sims and Florida Power are in the area but he did not know if they had shell parking. Mr. Mitchell stated that they are proposing to have concrete parking in front and that shell Mould be used in rear for heavy equipment. Mrs. Sonnenberg stated that Mr. Simmons, City Manager, and Mr. Ho Civil Engineer, have agreed that concrete and asphalt would deteriorate with heavy equipment use and that they agreed shell would be appropriate. Mr. Davis noted that others in the area have to have some consideration. He stated that the Commission may be setting a precedent. Mr. Mitchell stated that any parking that can be seen by the public will be concrete. Mr. Dyal asked if there is barbed wire on the adjoining property owners fence. Mr. Mitchell stated that he was not sure but that his guess would be yes. Mr. Speer asked about outside Mr. Mitchell stated that there would be corner lights that would shine on the back but that they would not have any free standing light poles in the rear. Mr. Speer moved for approval. Seconded by Mr. LeRoy. All in favor. Motion carried. The next item was the consideration of the request to allow the use of a chain link fence with barbed wire within the required front yard buildi g setback for Cadel Auto sales, an automotive dealer sales use orated at 1215 W. 1st Street in a GC -2, General Commercial oning District. Owner: Francisco & Gloria Aviles; representat ve: David A. Wasserman. David Wasser Attorney, stated that his client, Mr. Aviles of Cadel Auto, ithe owner of the property, is from Puerto Rico. There are some th�ngs he understands and some things he doesn't. Mr. Wasserman assed around pictures of adjoining or close by properties : howing fencing. He stated that there are other fences in the imm diate area that are in the same position as his client's. a stated that his client has had over 50 burglaries. i Mr. Wasser an stated that he is. of the understanding that a variance is needed to keep the fence in place. Most of Mr. Aviles' display car utilize the front row. If the fence was moved back, the majority of the parking spaces will be lost. Mr. Dennison stated that Mr. Aviles could surely get one row of parking spaces if the fence was moved back. Mr. Wasserman replied that his client would be forced out of business by giving up the valuable parking spaces. He stated that none of the adjoining businesses have the setback as required. Mr. Dennison told Mr. Wasserman that his client had come before this Commission and that this Commission had given him the regulations and time to comply. Then he was done with the fence in place. Mr Dyal asked if the cars could be moved to the back of the property behind the fence. Mr. Wasserman stated that there was not enough room in the back to park cars. He was not sure if the property to the west could be used or developed. Mr. harder state that the Planning & Zoning Commission has the discretion, per Section E-3. Page J -8, to allow they fence and barbed wire to be located some place within the front building setback, except for the prohibition within the buffer area. Chain link fencing is prohibited in the buffer area. Mr Marder stated that the Commission could not approve this applicant's request to leave the fence where it was because the Commission does not have that power MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 21, 1994 PAGE 4 as set forth in the ordinance. The Commission could allow it to be within 10 of the property line. Mr. Dennison stated that the Commission could give some concession if the applicant is willing to Mork with the City. Mr. Marder stated that the applicant presented no real change in the site plan and that' the fence appears to be 3' back from the property line. He stated that the fence has to be moved back 7 Mr. Wasserman stated that this would take up the whole front row of parking. Mr. Valerino asked if it was originally offered to the applicant to move the fence back 10 Mr. Dennison stated "yes, that it is not the intent to hinder his business'. Mr. Marder stated that the customer parking could be moved a couple of feet closer to the building and things could be arranged to fit. Mr. Davis made a motion that the fence be moved to within 10' of the property line of W. lst Street with landscaping and irrigation in the buffer area to keep plants alive. Seconded by Mr. Brooks. Mr. Speer asked if the applicant would get to keep the chain link fence with barbed wire. Mr. Davis stated "yes". Mr. Davis and Mr. Brooks in favor. Motion failed to be approved. Mr. Speer requested the site plan and photos be a part of the record. A motion was made and seconded to remove Item 2 from the table. Mr. Speer moved to deny the request due to lack of representation. Seconded by Mr. Valerino. Mr. Dennison stated that in all fairness, the applicant should be given an opportunity to attend the next meeting. Mr. Davis, Mr. Speer, Mr. Valerino in favor. Motion denied. Mr. Brooks made a motion to table until the next meeting. Mr. Dyal seconded. Mr. Speer, Mr. Valerino, and Mr. Davis in opposition. Motion carried. Mr. LeRoy moved for approval of the consent agenda. Seconded by Mr. Dyal. Mrs. Sonnenberg stated that this is the convenience store on the corner of 25th Street and Airport Blvd. Amoco will be putting in gasoline. Staff reviewed and agreed that the detached sign meets codes. All in favor. Motion carried. The Minutes were approved as circulated. Ms. Holt - Miller noted that the Commission had almost approved the fence for Cadel. She stated that the Commission did approve fencing in the industrial park with barbed wire. She noted that the Commission needs to be careful as to approving some and not others. Mr. Dyal agreed that care must be taken. Mr. Speer stated that consideration could be given to people for temporary approval of one or two years regarding fencing along W. 1st Street and to use the curb for 15' setback. Mr. LeRoy noted that Mr. Aviles showed parking only in the front of the building but that he parks all along the side. Also, Mr. Speer requested that staff attach copies of minutes if a site comes up again for the same thing especially if there is a new member on the Commission. Unanimously approved a request from Mrs. Sonnenberg that staff be allowed to approve the site plan for 200 N . Holly Avenue and put it on a consent agenda. Mr. Dal questioned the size of the sign for Budweiser Company. Mr. Marder stated that the City permits and encourages wall signs and that this company has the requirements for large signage. There being no further business, the meeting adj rned at 8:15 p.m. Joe nnison, Chairman From the Director April 15, 1994 of I Planning and Development TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of April 21, 1994 SEMINOLE COUNTY EXPRESSWAY AUTHORITY - BRINTON - Request conditional use approval to permit expressway - related facilities within a well -field protection zone for property located near the intersection of Hughey Street and Oregon Avenue. 1. The site that is located within the City limits is the northerly corner of the City of Sanford's Oregon Avenue Wellfield that is proposed to be utilized as right -of -way for the Seminole County Expressway. The wellfield includes various well heads. At the present time and for the foreseeable future, the Oregon Avenue Wellfield is the City's main source of potable water. 2. The requested conditional use involves Section 6.0, Wellfield Protection, Schedule M, Environmentally Sensitive Lands of the Land Development Regulations. A. The site is within the Primary Protection Zone which includes lands within 200 feet of any wellhead and requires uses other than recreation, open space or other wells to be permitted by conditional use. The request includes roadways that would be utilized as on /off-ramps in the expressway's interchange with Rinehart Road. B. The Secondary Protection Zone includes capture zone delineations determined by analyses of the St. Johns River Water Management District and requires open drainage cuts below the seasonal high water table to be permitted only as a condition use. The Expressway Authority proposes several wet drainage retention areas to be constructed within the secondary protection zone. The retention ponds will be deep enough to provide fill for other expressway facilities. The site itself (i.e., the northern portion of the City's Oregon Avenue Wellfield) appears to include areas within the secondary protection zone; generally, the secondary protection zone appears to be located in the unincorporated area of Seminole County and is not formally regulated by the City. Seminole County has not adopted wellfield protection zones at this date. 4. The City has incorporated the proposed expressway into its Comprehensive Plan and has strongly supported the proposed construction of the expressway segment in question as evidenced by a recent resolution of support adopted by Planning Recommendations - Page 1 the City Commission. 5. Based on the need to protect the City's main potable water wellfield, recommend that the conditional use request to construct expressway facilities, including but not limited to roadways and drainage retention ponds, within the primary and secondary protection zones around the Oregon Avenue Wellfield, be deferred /tabled subject to an environmental analysis of the impact of the proposed facilities' upon the subject wellfield within the context of the established protection zones. Such analysis shall reflect appropriate environmental criteria including but not limited to requirements and standards set forth by the Florida Department of Environmental Protection and the St. Johns River Water Management District. The analysis shall, if appropriate, recommend measures necessary to protect the City's wellfield and otherwise mitigate potential negative impacts. The scope of such analysis shall be reviewed and approved by the City. The Expressway may desire the analysis to include the City's Twin Lakes Wellfield located west of the Oregon Avenue Wellfield. PRICE - Request conditional use approval to permit an accessory residential structure for property Zoned SR -1 A, Single Family Residential, located at 402 West 19th Street. 1. Site is Zoned SR -1, Single Family Residential and includes a single family residence with out - buildings located on a single lot of approximately 50 feet in width and 127 feet in depth. 2. Various similar single family dwellings are located adjacent to and in general vicinity of site. Many of the existing dwellings have out - buildings of various sizes. There do not appear to be any residential accessory structures on the block in question at this time. 3. The side yard setback in an SR-1A Zone is ten {10} feet. The garage being requested to be converted into an accessory residential structure appears to be located closer than 10 feet to the side lot line. 3. Recommend denial of the conditional use request to establish a residential accessory structure based on existing character of the immediate area at this time, i.e., the absence of similar accessory residential structures, inability to conform to building setback requirements and the limited size of the site to accommodate a residential accessory structure. MITCHELL/SEMINOLE ASPHALT PAVING, INC. - Request conditional use approval to permit a paving construction office and shop for property Zoned RI -1, Restricted Industrial located at 129 Commerce Way. 1. Site is Zoned RI -1, Restricted Industrial and is a vacant lot in an industrial park. 2. Various industrial buildings are located within the industrial park. Several include the outdoor storage of equipment and materials. 3. Recommend approval of conditional use request to establish a paving Planning Recommendations - Page 2 construction office and shop based on similar activities already established in the immediate area. SPENCER FABRICATIONS, INC. /ONA PARTNERSHIP - Request conditional use approval to permit metal fabrication/welding for property Zoned GC -2, General Commercial located at 200 Holly Avenue. 1. Site is Zoned GC -2, General Commercial and includes a main building that was recently utilized for a moving and storage company. 2. Various nonresidential uses are located in the immediate area of the site including a junkyard, automobile and truck repair, offices and printing. 3. Recommend approval of conditional use request to establish a manufacturing facility based on similar nonresidential uses already established in the immediate area. BAIN /BALDWIN - Request conditional use approval to permit an addition to an existing residence (nonconforming use) in an RI -1, Restricted Industrial Zone for property located at 2528 South Orange Avenue. 1. Site is Zoned RI -1, Restricted Industrial and includes a single family residence. 2. Various single family residences are located adjacent to and in general proximity to site in areas Zoned RI -1 and SR -1. 3. Recommend approval of conditional use request to establish an addition to an existing single family residence based on similar uses in immediate area. Planning Recommendations - Page 3