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HomeMy WebLinkAbout03.03.94MEMORANDUM T. PLANNING AND ZONING COMMISS FROM. LAND DEVELOPMENT ME1 T C R l AT R SUBJECT: REGULARLY SCHEDULED L.E MEETING OF THE PLANNING AND ZONING COMMISSION, , f , M., TIC URS A Y, MARCH r 1 994 f IN THE CITY COMMISSION CHAMBERS, C T] HALL, SANFORD, DATE. FEBRUARY 2, 1994 AGENDA 1. Hold a Public Hearing to consider a request for a Conditional Use for property located at 11 Rang lard Road, ire a RI -1, Restricted Industrial Zoning District, for the purpose of above- ground fuel tanks with dispensers. Owner: Jose Mila Representative: Cal Letchworth 2. Fuld a Public Hearing to consider a request for a Conditional Use for property located at 931 W. 1 3th Street, in a GC- 2,r Genera! Commer ial Zoning District, for the purpose of a laundry and dry Meaning facility. Owner: Margaret A .Jones Frison Representative: Herbert Lea Frlson Hold a Public Hearing to consider a request for a Dimensional Variance for property located at 2425 French Avenue, in a GC-2, General Commercial Zoning District, for the purpose of a 30" setback requirement for a canopy; ' required, ' proposed. Owner: Highway Oil Company Representative: Roger Combs 4. Consider the Site Plan for the First Baptist Church. 51 Park Avenue, in a SR -1, Single Family Residential Zoning District. Owner: First Baptist Church Representative: William L. Colbert Tabled: 2!17194 5. Consider the Final Plat for Pamala Oaks PD, a 28 lot single-family residential subdivision,. located at 841 Upsala Rd in a PD, Planned Development Zoning district. Owner: A. David Feinberg Representative: ,John Reynolds 6. Consider the Site Plan for Bottoms Up Pub & Grub, a restaurant use located at 2990 Sanford Avenue in a RC -1, Restricted Commercial Zoning District. Owner/representative: Fred & Audrey Fast 7. Consider the Revised Site Plan for I algreens, a commercial use, located at 2501 French Avenue in a GC-2, General Commercial ial Zoning District Owner: Carlo's Original Italian Restaurant, D.I.H. Inc., I. C. & Cynthia Galley Representative: Alan R. Carpenter Consider a request for reduction of landscape requirements for Florida Solar,, a office /warehouse use, 235 Coastline Rd., located in a RI -1, Restricted Industrial Zoning District. Owner: Arthur Vilest Representative. Dick H lsumba h 9. Discuss proposed changes to Ordinance Igo. 3185., Adult Entertainment Code - Nonconforming Uses and Variances. Tabled: 2/17/94 10. Any other business from floor or Commission Members. 11. Reports from Staff. 12. 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 reed a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105). Parsons with disabilities needing assistance to participate in any of these proceedings should contact the personnel office ADA Coordinator at 330 -5626 48 hours in advance of the meeting. MINi]TES PLANNING AND ZONING COMMISSION MEETING OF MARCH 3. 1994 CITY COMMISSION CHAFERS CITY HALL. SANFORD, FLORIDA MEMBERS PRESENT: Ben Dyal John LeRoy Joe Dennison Mike Davis Helen Stairs Lean Brooks Tom Speer Cathryn Welch MEMBERS ABSENT: Cynthia Holt - Miller OTHERS PRESENT: Jay Marder, Director of Planning and Development Russ Gibson, Planning Technician Bettie Sonnenberg, Land Development Coordinator Marian 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 110 Rand Yard Road, in a RI -1, Restricted Industrial Zoning District, for the purpose of above- ground fuel tanks with dispensers. Owner: Jose Mila; representative: cal Letchworth. Cal Letchworth, 409 Laurel Ave., stated that he did not have any problems with Staff's recommendations, attached. He stated that the business is an existing business at 409 Laurel and 509 French. The company would like to move the business and put in new storage tanks because of the age of the existing tanks. There was no one else present to speak in favor of or in opposition to the request. Mr. LeRoy moved to approve. Seconded by Mr. Speer. Mr. Davis abstained. 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 931 W. 13th Street, in a GC -2, General Commercial Zoning District, for the purpose of a laundry and dry cleaning facility. Owner: Margaret A Jones Frison; representative: Herbert Lee Frison, Mr. Herbert Frison, 614 Sanford Ave., stated that there is an existing laundromat and they would like to add a dry cleaning establishment. Ms. Frison stated that she had checked and that they did not need any environmental permits. She stated that they have received a license for dry cleaning. There was no one else present to speak in favor of or in opposition to the request. Mr. Speer moved to approve. Seconded by Mr. LeRoy. All in favor. Motion carried. MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 3, 1994 PAGE 2 The next item on the Agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 2425 French Avenue, in a GC -z, General Commercial Zoning District, for the purpose of a 30' setback requirement for a canopy; 35' required, 5' proposed. owner: Highway oil Company; representative: Roger Combs. George Ashby of Clay Corporation, P.O. Box S, Doctors Inlet, Fl., and Roger combs, Fuel Components of Jacksonville, F1., were present for representation. Mr. Ashby stated that they are under contract to purchase the facility from Highway oil. The sale is contingent on getting the variances. He stated that he was aware of the insufficiencies in the way the lot is laid out. one concern is the traffic during rush hour. Cars bottleneck in the area. Mr. Ashby stated that with the new pumps, the efficiency of the site will be increased. The canopy will provide better lighting and shelter for vehicles in the rain. New dispensers will be put in on the same pump island. The new pumps will help fueling efficiency. Mr. Combs explained that there are two pumps there now. The pumps are too close together. He stated that they will be increasing the distance between the pumps and installing a choice of three products. He explained that with the new pumps, four cars can pump at one time; whereas with the existing pumps, only two cars can pump at once. Mr. Ashby stated that his company had come up with a Plan B. He stated that Plan B includes removing the guard rails that protect the vent pipes. He stated that the gent pipes could be relocated to the rear of the property and customers could exit at the rear. Mr. Dennison stated that this is a large piece of property with only half being used and asked why they did not reroute the traffic. Mr. Speer asked if it could be arranged so that if someone is traveling north they would only have a right turn in and circle around the back exiting onto 24th Street. Mr. Speer requested that no allowance be made for an entrance for cars going south on French Avenue. He stated that he would trade off the canopy for cars going around the back of the building. Mr. Dyal asked what the canopy had to do with the traffic flow and the pumps and stated that the request is for consideration of the canopy. Mr. Marder stated that if the variance should be granted, it would institutionalize substandard traffic circulation. There should not be any curb cuts on French Avenue. He stated that the Commission is in a position to balance the existing situation, and the development standards that are in place. The present LDR would require new development to access off 24th Place. Mr. Brooks stated that the problem is with traffic concerns. He asked if the applicants could consider utilizing a different traffic pattern. Roger Combs stated that Sshlumberger Technologies had retrofitted many stations. Volume did increase but it was handled with such efficiency that bottlenecks were reduced. MINUTES PLANNING AND ZONING CoMISSION MEETING OF MAR CH 3, 1994 PAGE 3 Mr. Dennison asked how many gallons of gas per minute are pumped now. Mr. combs stated approximately 15 gallons per minute can be pumped now and that the new pumps would pump approximately 18 gallons per minute. Mr. Combs stated that at the present, only two cars could be serviced at once and if granted the variance, four cars could pump at a time. Mr. Ashby stated that he agrees with the traffic concerns and would take a look at Mr. Speer's suggestion of rerouting traffic. Mr. Speer asked Mr. Ashby if he would be in agreement to table the request and have his engineers look at a right in and right out traffic circulation pattern. Mr. Ashby stated that this would not be a problem. Mr. Dyal moved to table until the next meeting. Seconded by Mr. LeRoy. All in favor. Motion carried. Mr. Speer moved to approve, subject to Staff's recommendations, site plans, Items 4, 6, 7 and 8,,as listed on the Agenda: 4-Consider the Site Plan for the First Baptist church, 519 Park Avenue, in a SR -1, Single Family Residential Zoning District. Owner: First Baptist Church; representative: William L Colbert. (Tabled 2/17/94). 6.Consider the Site Plan for Bottoms Up Pub & Grub, a restaurant use located at 2990 Sanford Avenue in a RC-1, Restricted Commercial Zoning District. Owner /representative: Fred & Audrey Frost. 7.Consider the Revised Site Plan for walgreens, a commercial use, located at 2501 French Avenue in a GC -2, General Commercial Zoning District. owner: Carlo's original Italian Restaurant, D.K.H. Inc., W. C. & Cynthia Gailey, representative: Alan R. carpenter. 8.Consider a request for reduction of landscape requirements for Florida Solar, a office /warehouse use, 235 Coastline Rd., located in a RI -1, Restricted Industrial Zoning District. Owner: Arthur Nest; representative. Dick Holsumbach. Seconded by Mrs. stairs. Mr. Davis abstained. Mrs. welch questioned the Historic Preservation Board's memo regarding the proposed curb cuts. Mr. Gibson stated that the Historic Preservation Board recommended not having parking at the 6th and Magnolia and 5th and Magnolia proposed parking locations. Mrs. Stairs stated that this Commission had granted approval for parking in these areas. Mrs. welch questioned the removal of trees. Cindy McGinnis with Schweizer, Inc., stated that the Church could not properly utilize the parking areas without the removal of some trees. She stated that all parking is grass, with the driveways to be paved. Mr. LeRoy, Mr. Dyal and Mrs. welch opposed. Motion carried. The next item on the Agenda was the consideration of the Final Plat for Pamala oaks PD, a 28 lot single - family residential subdivision, located at 841 Upsala Rd in a PD, Planned Development Zoning district. owner: A. David Feinberg; representative: John Reynolds. Due to lack of representation, Mr. LeRoy moved to table. Seconded by Mr. Dyal. All in favor. Motion carried. MINUTES PLANNING AND ZONING COMISSION MEETING of MAR CH 3, 1994 PAGE 4 The next item on the Agenda was the discussion of the proposed changes to ordinance No. 3185, Adult Entertainment Code - Nonconforming Uses and variances. Tabled: 2/17/94. Mr. Brooks moved to remove from the table. Seconded by Mr. LeRoy. All in favor. Motion carried. Mr. Marder stated that there are other city codes that grandfather- in non - conforming uses with expiration dates. Mr. Marder stated that probably there are some adult entertainment establishments inside the City now that are now non-conforming. Mr. Marder stated that considerations need to be made to complete the ordinance regarding non - conforming establishments. Mr. Speer moved to recommend that the Planning & Zoning Commission not make any recommendations to the City Commission regarding changes to the Adult Entertainment Code. Seconded by Mr. Davis. Mrs. welch apposed. Motion carried. Under any other business from floor or Commission members, Mr. Dyal stated that he is not in favor of approving four or five site plans at a time. Mr. Speer explained that the applicants are not excused, that they are to be here, and that at any time a Commissioner can request that a particular site plan be discussed if he /she has any questions. Mrs. Welch voiced her concerns regarding the approval of several items at a time. She would like the items to be considered one by one. Mrs. Stairs moved to approve the Minutes as circulated. Seconded by Mr. Brooks. All in favor. Motion carried. There being no further business, the meeting adjourned at 8:10 P.M. Joe ennison- Chairman FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER L OFFICERS NA LAST NAME— Tlil51' M — .MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 1 of Ai r !]r " -4Nv43 ML 6, ADDRESS THE BOARD, COUNCIL, QOMMISSInN, wl;'fHORITY. OR COMMITTEE ON WHICH 1 SERVL- IS A UNIT OF � z/F , I� •o �� r. �` f• (�� rY � : COUNTY � `OTHER LOCAL AGENCY CITY � . DATE ON %k , HIC W ` ` / J` I +.+ N M F POLITICAL SUBDIVISION M Y POSITION Is: L..: ELE N i WHO MUST FILE FORM 88 This form is f or use b any p erson , serving at the county, city, or other l al Iml of government on an appointed o elected board, council corx mission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented , wit a voting conflict of interest under Secti0ll 112.3143, Florida Statutes, The requirements of this law are mandatory; although th e use of this particuiar form is not required by lave, You are encouraged to use it in making the disclosure required by law. p Your resp onsibilities under the la w when faced with a measure in which you have a conflict of interest will 1 rary greatly depending on whether y ou hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing 'the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143 FLORIDA STATUTE ELECTED OFFICERS: person holding elective county, rnunicipal, or other local public office MUST ABSTAIN from voting on a measure which inures to p hiss special p rivate gain. E ach local officer also i prohibited from k nowingly voting on a treasure which inures t the special � gain of a principal (oth than a government agenc by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembiv the nature of your interest in the measure on which you are abstaining from voting} an 'ITHIN 15 DAYS AFTER THE VOTE 0 C C RS by conipicting and filing this form with the person responsib]e for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: p erson hold appointive county, municipal, or other local public office MUST ABSTAIN 1 from wring on a measure which p g pp . inures to his special private gain. Each local officer also is prohibited from knowingl ► voting on a measure which inures to the special gain of a principal (other than a government agency) by whorn he is retained. A person bolding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the mature of the conflict before making are) attempt to influence the decision by oral or written communication, whether made by the officer r aL his direction. IF YOU INTEND TO MAKE A ATTEMPT TO INFLUENCE THE DECISION PRIO TO THE MEETING AT WHICH THE VOTE W ILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agent). he fo S hould be read publicly at t he meeting Prior to consideration o f the matter in which you have a conflict of interest. ... i .. .I I �. J!. IF YOU MAKE NO ATTEMPT TO INF THE D E XC E PT B Y DISCUSSION AT TH MEETING: • 'ou should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the Grote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the f in the minutes. DISCLOSURE O F LOCAL OFFICER'S INTEREST 4L: l , hereby disclose that on l a A measure 'carne or will come before try a w hich (check one) �,..� inured to my special private gain; .or inured to the special gain o f A 01 O if , by whom I am retained. b The measure before my agency and the teat re of try ir�te t ire the ea ute Zs f o s: 40-n I �I i AM- Date Filed l i o i n at u re NOVICE: [.UNDER PROVISIONS OF FLORIDA STATUTES 012.317 (1985) A FAI TO MAKE ANY REQUIREL DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE 6R MORE OF THE F L.L 'INt IMPEACHMENT, REMOVAL OR SUSPENSION M OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION. SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. FORM 8B MEMORANDUM OF VOT ING CONFLICT FOR COUNTY, MUNICtPAL, AND OTHER LOCA PUBLIC OFFICERS V r BAST N,4Nl — FJ�tS�� A =.A �t} L NAME OU BOARD. COUNCIL. ) MI ION, AUTHORITY. OR COMMITTE ? d 0 I �z - - 1 I • '` THE HOARD. COUNCIL. ODNIMISSION. AUTHORITY, OR COMMITTEE CSI% ADDRESS WHICH I SERVE, IS A UNIT OF: `rrY : COUNTY OTHER LOCAL AGENCY CITY J, I L)A;TN 1A'HIC'H O'1t O['CIJRREU C OuN'ry NAML OF POLITICAL SUBUIVISION; MY POSITION IS: i ..: ELECT APPOINTIV w { ; WHO MUST FILE FORM 8B This form is for use by any person s ruing at the count ci ty, or other local level of government on an a or elected b oard , council, commission, authority, or committee. It applies e to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3141, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your resp onsibilities under the law when faced with a measure in which you have a conflict'of interest will Vary greatly d on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and f fling 't he form. INSTRUCTIONS FOR COMPLIANCE W TH SECTION 112,3143, FLORIDA STATUTES ELECTED OFFICER A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from Knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by public stating to the assembly t he nature of your interest in the measure on which you are abstaining from voting; an WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing End filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS. person holding appointive county, municipal or other local public office ice CAS` THIN' from voting on ac measure which inures to his special private gain. Each local officer also is prohibited from knowingl y voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision b y oral or written communication, whether made b y the officer or at his direction. IF YOU INTEND TO M AKE AN ATTE TO INFLUENCE THE DECISIO P TO THE MEETING AT W THE VOTE W ILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • copy of the form should be provided immediatel y to the other members of the genc F. he form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. -A... . . .. i .. ;. . IF YOU MAKE l ATTEMPT TO INFLUENCE THE DECI EXCEPT BY DISCUSSION AT T14E MEETIN a N'ou should disclose orally the nature of your conflict its the treasure before participating. • You should complete the f orm an f it w ithin 1 da after the vote o curs with the person resp� nsible f recording t minutes ` of the meeting, who should incorporate the form in the minutes. 4 D ISCLOSURE OF LOCAL OFFICER "S IWER .14V e , here disclose that on. , 1 {a ) A measure 'came or will cone before my a g ency which heck one) 1 inurcd to special pri a►tc gain; or inured to the s gain of . , b whom 1 am retained. .. \ 1 {b The meal re before my agency and the n of my interest in the measure is as follows: I j a 144 ?.A I e l 0 7 4 Date Filed z e_r ige natur NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985) A FAILURE TO MAKE ANY R QUIREL DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLL.OWII IMPEACHMENT, REMOVAL OR SUSPENSION FROM i OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EMCEED S5,,000.