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HomeMy WebLinkAbout07.16.87MINUTES PLANNING AND ZONING COMMISSION July 16, 1987 7:00 P.M. Members Present: Jay Malone Eddie Keith Joe Dennison Brent Carli Gary Davidson Members Absent: John Morris Sheila Roberts John LeRoy Ton Speer Others Present: Bettie Sonnenberg, Zoning and Arbor Inspector Bill Simmons, Director of Engineering and Planning The meeting was called to order at 7:10 P.M. by Chairman Malone. The first item on the agenda was the consideration of a request to rezone from SR -1 to RI -1 for the purpose of warehousing and light manufacturing, property located on the west side of Airport Blvd., north of Jewett Lane, owner /representative: Bob S. Seigler. Mr. Seigler stated that the property to the north is zoned by the County as Ml -A, property to the left has been rezoned by the City as RI -1, property to the south is MI -2, property to the east is zoned MI -2. Mr. Seigler stated that the rezoning conforms to the Comprehensive Plan and the Land Management Act and the parcel in question is surrounded by industrial zones and they are trying to square off the boun- daries. Present to speak in opposition to the rezoning was Mr. G.E. Hodges of 701 Bevier Road. He stated that they are very much interested in keeping their residential rural area as it is. Mr. Hodges stated that he could not understand why the areas around them have been zoned for industry in spots when there are several industrial parks in the area. Mr. Hodges stated that he has lived there 22 years and there are problems with Ball Trucking relative to early morning noises and would like to see Ball Trucking move out. Mr. Carli stated that Ball Trucking is in the County. Also present to speak in opposition was Mr. S.B. Crowe of 713 Bevier Road. Mr. Crowe stated that his main interest is what is to be done with the water. He stated that if it becomes industrial it is almost certain that they will pave it which means there will be no water soaking into the ground. If they raise the ground level, water will be forced onto the property owners. Chairman Malone stated that if the property is MINUTES - PLANNING AND ZONING COMMISSION - July 16, 1987 - 7:00 P.M. PAGE 2 rezoned tonight it has nothing to do with what might be built there, it would have to be site plan presented and engineering work done there that would take into con- sideration your water drainage. Also present to speak in opposition to the proposed rezoning was Mr. Ed. Kennedy of 2820 Jewett Lane. Mr. Kennedy stated that he has lived there 29 years. Also stated that there is enough noise and the traffic and is getting worse all the time on Jewett Lane. Mr. Kennedy stated that the field is a mess. Mr. Kennedy wants the Board to think about it because he is too old to get out and start over. Mr. Kennedy stated that when a Mr. Griffin dug the lake he tore up a sewer pipe that drains all the land. Mr. Kennedy and another neighbor worked all day long to unstop the sewer pipe, bought pipe and now they have some relief. Mr. Carli stated the RI -1 zone is the most restrictive type of zoning that the City has that would allow the developer to straighten out the problems that are out there. Mr. Carli stated that Mr. Simmons would insure that there would never be flooding in the area. Mr. Simmons stated that the City of Sanford does not control the entire drainage basin. Mr. Simmons also stated that the County has recognized the need for improvements to the Smith Canal Drainage Basin area and the City has agreed informally to work closely with the County in achieving cooperative improvements to that drainage basin. Mr. Simmons stated that any developments that helps in the area would give the governments involved an opportunity to improve the drainage structure, improve the drainage rights -of -way, gain easement where there may be none and these types of situations. Mr. Simmons feels that what is there now has not gotten that way over night and a single project is not going to cure it. Mr. Keith stated that there is a valid reason to be concerned with the flooding, feels there will be a bad problem there. Mr. Carli stated that there is a problem there and all the Board can do is try to be consistent with the Comprehensive Plan and moved in favor of the rezoning. Mr. Davidson seconded. All in favor. Mr. Keith opposed. Notion passes. The next item on the agenda was the consideration of a request to rezone fran SR -1 to MR -1 for the purpose of a two family residence, property located at 2821 Magnolia Avenue, corner of 28th Place, owners /representatives: James H. Benton and Maurice R. Lofstedt. Mr. Lofstedt of 2821 Magnolia Avenue stated that he would like to convert his garage into an apartment at sane future date to supplement his fixed inane. Mr. Carli asked Mr. Lofstedt if he is aware that the present zoning allows him to have a multi - family dwelling. Mr. Lofstedt stated "no ". Mr. Carli read fran the Zoning Ordinance that as a conditional use you may have for SR -1 zone any two family dwelling with site plan approval, efficiency apartment at 280 square feet, one - bedroom hone or apartment at 460 square feet, two - bedroom hone or apartment at 600 square feet, three - bedroom or more have or apartment at 700 square feet. Mr. Lofstedt felt that one of the four would meet his needs of the futuristic plans to bring income to his family. Mr. Carli asked Mr. Lofstedt if he saw any reason why the Board should not deny the request for rezoning to MR-1 because he is allowed to do it under a con- ditional use zoning of SR -1. Mrs. Grace Benton of 2819 Magnolia Avenue stated that it would make them have to cone back again, would like to have the rezoning because when MINUTES - PLANNING AND ZONING COMMISSION - July 16, 1987 - 7:00 P.M. PAGE 3 they are ready they do not have to ask, they could submit the plan and pull the per- mit. Mr. Carli stated that under the current zoning they would have to do that any way. There was no one else to speak in favor of or against the proposed rezoning. Mr. Keith move to approve the rezoning. Mr. Dennison seconded. Mr. Carli asked why rezone and change part of the Comprehensive Plan when, under the present zoning, Mr. Lofstedt and Mr. Benton can be accommodated. Mr. Carli stated that he would like to see the City Commission waive their application fee for any future request, within 6- months, and allow them to come back in for a conditional use instead of putting the same amount of money back up. Mr. Simmons stated that the City Planner is on vacation now and that he fairly well covered his idea relative to the conditional use potential verses the rezone. Mr. Simmons did not have anything further to amplify upon what the City Planner said in his memorandum of July 8. The Chairman asked Mr. Simmons that when Mrs. Benton came in asking for the rezoning, if it was explained to her that it was not necessary to have the zoning changed. Mrs. Benton stated that the request is so that they will know where they stand so they can make their plans; if they comae in six to eight months from now things could be changed by then, if they have the rezoning then they know what they could do. Mrs. Sonnenberg stated that she did not take the applica- tion but Mr. Winn, the Building Official, said that he had explained to Mrs. Benton that the SR -1 zoning did allow them to go with the duplex as a conditional use but they wished to go ahead with the rezone request for the reason that Mrs. Benton stated that at any time they could build a duplex. Mr. Davidson, Mr. Carli, Chairman Malone opposed to rezoning, Mr. Keith and Mr. Dennison in favor of. Motion denied to grant rezoning. The next item on the agenda was the consideration of a request for a conditional use in a GC -2 zone, property located at 2600 South Orlando Drive, for the purpose of an autcmative and mobile homes, new and used, sales and service; owner: Bob Ball. Mr. Robert Dougherty, representative, of 604 Gregory Drive, Casselberry, stated that the wording of mobile homes should be scratched, it is not a part of the request, they will be buying and selling new and used automobiles. The Chairman entered into record a letter addressed to Mr. Morris from Mr. George C. Harden on behalf of Mr. C.E. (Jim) Spencer objecting to the conditional use. There was no one else to speak in favor of or in opposition to the proposed con- ditional use. Mr. Carli moved to approval for new and used auto sales and service with anticipation of a beautiful site plan to cone with exclusion of any mobile homes sales and service. Mr. Davidson seconded. All in favor. No opposed. Notion carried. At this point Mrs. Sonnenberg stated that we should have a vote on the rezone as far as the denial to rezone for the property located at the corner of 28th Place. Mr. Carli moved on the denial of the request to rezone from SR -1 to MR -1 for the purpose of a two - family residence at the property located at 2821 Magnolia Avenue. Seconded by Mr. Davidson. All in favor. Mr. Keith opposed. Notion carried. MINUTES - PLANNING AND ZONING COMMISSION - July 16, 1987 - 7:00 P.M. PAGE 4 The next item on the agenda was the consideration of the site plan for Your Attic, Inc., a mini- warehouse development located at 3865 Orlando Drive in a GC -2 zone, represented by Storm Richards and Pat Gassaway. Mr. Gassaway stated that the resident manager will be responsible for the security of the building, no retail, in the mana- ger's office, there will be availability of sizes. Mr. Gassaway explained that there will be no boats or trailers stored on property and that there will be no burning on- site, all debris to be hauled away. Mr. Richards stated that the oak trees will be saved. Mr. Carli asked if they have D.O.T. approval for egress and ingress to 17 -92. Mr. Gassaway stated that the three permits are being submitted on July 17. Mr. Carli moved to approve subject to no burning during clearing, no storage of boats or trailers, meet landscaping requirements with better buffering and lights to be all internal, D.O.T. approval, and air conditioners initially used will be on the internal side of the property and away from the residents. All in favor. No opposed. Notion carried. The next item on the agenda was the consideration of a site plan for Klunker Auto Sales and Bob's Tire and Repair, a used car sales lot and auto tire and repair store, located at 2600 Orlando Drive in a GC -2 zone represented by James G. Hayden. Mr. Hayden explained that there is an existing building and business at this address and next door there is a large empty lot which they would like to sell cars. Mr. Hayden explained that there will be auto sales, Bob's Tires and U- Hauls, stating that there will be 8 cars displayed. Mr. Keith moved to approve the site plan. Mr. Carli seconded. Mr. Carli asked if they thought they could display more than 8 cars. Mr. Hayden asked if he said they are displaying 8 cars are they specifically roped into displaying 8 cars. Mr. Carli stated that they would be locked into 8 cars but could ccme back to the Board and modify site plan if they could find a way to keep more than 8 cars on site. All in favor, no opposed. Notion carried. The next item on the agenda was the consideration of the revised site plan for Electronic Fasteners, an office /warehouse development located at 220 Coastline Way in an RI -1 zone. Owner: Wayne and Susan Mason. Representative: Bo Simpson. Mr. Simpson stated that a previous site plan was approved for this site of approximately 15,000 square feet. Mr. Simmons stated that the most recent hold -up was the St. Johns River Management District which caused them not to replat but rather to identify con- siderable number of lots which could not be built on. Mr. Simpson stated that in the meanwhile the plan was revised down to 13,000 square feet. Mr. Simmons stated that he recommend approval subject to the automatic fire sprinkler system. Mr. Simpson stated that the system is incorporated into the plan, 8600 square feet of warehouse will be sprinkled, 4400 square feet of office will not. They will tap the 6" water line of the west side of the property between lots 1 and 2. Mr. Carli questioned the drainage. Mr. Simmons stated that the St. Johns River Water Management District directed that this subdivision as a whole would be centrally retained in so far as water is concerned provided that there is not more than 75% impervious coverage on the individual lots. Each site plan in this subdivision be submitted for a review by the Water Management District. Off -site individual retention. Mr. Simmons stated that they are not required to have on -site retention, not proscribed from having it if they chose to. This was a blanket permit issued by the Water Management District. Mr. Dennison made motion to approve the revised site plan. Mr. Davidson seconded. All in favor. No opposed. Notion carried. MINUTES - PLANNING AND ZONING COMMISSION - July 16, 1987 - 7:00 P.M. PAGE 5 The next item on the agenda was consideration of a site plan for a reception room addition to Amtrak located at 600 Persimmon Avenue in a MI -2 zone, represented by Mr. John Lombardi. Mr. Lombardi explained that right now they have two open -sided tents on the property that are exposed to the weather and would like a waiting area for the customers. Mr. Malone questioned the impact fees and Mr. Simmons stated that would be a determination of the Utility Director, Paul Moore. Mr. Carli asked how many people would the reception roan hold. Mr. Lombardi stated that the seating capacity is around 200. Mr. Carli moved to approved the site plan. Mr. Davidson seconded. All in favor. Notion carried. On the addendum to the agenda was the consideration of the final plat for Brynhaven Subdivision, a 161 single family subdivision, located east of Sanora, south and north of Cornwall, owner: Suda, Inc., representative: William R. Miller. Mr. Miller stated that they added lot 53 and took away the entranceway. Lots will sell for $14,750, with the average house selling between $70 and $78,000. Mr. Carli asked if the Fire or the Police Department have any problems with the site plan. Mr. Simmons stated that the Fire Department did not but the Police Department indicated stop signs to be required. Mr. Keith move to approve the final plan. Mr. Carli seconded. All in favor. No opposed. Motion carried. Mr. Carli stated that he would like to see the City and the City Commission take a strong stand with the development that is going on in the community. An example is Reflections of Ridden Lake. The building is an eyesore. Recommend that developers put a per formance bond that they have to actively try to lease the property. If not occupied then they forfeit the performance bond. Chairman Malone stated that the Board is not in a position to legislate the economics, the Board should not put con- ditions on whether some one has to actively pursue leasing out space or not. Mr. Davidson asked about the panels falling off at the Winn Dixie at 25th and Airport Blvd. Mr. Simmons stated that he did not notice but would check with the Building Official. Mrs. Sonnenberg stated that she had a phone call fram the Hidden Lakes Homeowners Association, Mrs. Tumin, relative to the expressway taking part of Loch Law entrance, would Loch Low Prep School have to cane back for a site plan for new routing and whether it would be the City's responsibility or the expressway's responsibility to insure that they have access to public street. Chairman Malone stated that he would have to say that it would be the expressway's responsibility to give whatever they take. Mr. Simmons asked Mr. Davidson that in a case where land is taken or severed, would it appear appropriate that severing could be the denial of an acceptable means of ingress and egress to the point that the owner of Loch Low, if thusly denied access, could claim that it was severed and therefore the expressway be required to acquire the entire parcel. Mr. Davidson stated that this is the way he understands it. Mrs. Sonnenberg stated that in a notice from the City Commission to Mr. Morris in which they authorized City Staff to continue with the issuance of occupational licen- ses for hone occupations. MINUTES - PLANNING AND ZONING CC MISSION - July 16, 1987 - 7:00 P.M. PAGE 6 Mrs. Sonnenberg stated that the City Commission appointed Mr. Tom Speer to fill the vacancy for Dr. Evans. Mrs. Sonnenberg stated that the City Commission considered the rezone request on 1st Street for Mr. Morrison and asked that an ordinance be prepared for that. Mr. Choc's property with Bob Seiglers representation on 46A lying south of Bevier Road, the City Commission tabled this for 60 days to allow owner the time to do sufficient basic engineering studies to determine some notion of real developability of the property. Mrs. Sonnenberg stated that she has a request from Mr. DeCoste who lives on Country Club Drive. He will be working at the Country Cottage, will have a desk for real estate. Would this require a site plan. Chairman Malone stated that this would not require a site plan. Mr. Simmons asked if a copy of Mr. Colberts' letter relative to the voting by the Chairman was provided to them. Mrs. Sonnenberg stated that a copy was not provided to the Board members. Mr. Simmons stated that at his request Mr. Colbert researched the Florida Statutes relative to the requirement of all members of the Commission to vote or to file a conflict of interest form. Mr. Colbert found that this was a valid requirement under Florida Statutes and concluded that where the requirement was at odds with Roberts Rules of Order that the Florida Statutes governed. Mr. Summons to provide the Board members with a copy of this letter. Mr. Summons also reported that Bob Kelly, Public Works Director, will put the mowing of Americana Blvd. on the mowing schedule. Mr. Carli asked if the Board approved a change of use for the Bar- be-cue place at French Avenue and 13th Street. Mr. Simmons to have staff take this under review. Mr. Carli made motion to approve minutes. Mr. Davidson seconded. All in favor. Motion carried. Meeting adjourned at 9:00 P.M. MEMORANDUM JUNE 8, 1987 TO: City of Sanford Planning and Zoning Commission FROM: Jay R. Marder, City Planner SUBJECT: Planning Recommendations for Meeting of July 16, 1987 Item No 1: Seigler - ,Request to rezone from SR -1 Single - Family Residential to RI -1, Restricted Industrial for property located on west side of Airport Boulevard, north of Jewett Lane. 1. Site is Zoned SR -1 Single Family Residential, appears to be vacant at the present time and has access to Airport Boulevard. 2. A tier of lots evidencing various existing single family dwellings in an R -1, Single - Family Zone in unin- corporated Seminole County are located adjacent to south and west boundaries of site. 3. Development trends and the immediate area are character. A. Area south of Industrial in vacant at the existing zoning designations in of an industrial /wholesale Jewett Lane is Zoned MI -2, Medium Seminole County and is basically present time. B. Area west of Bevier Road is Zoned RI -1, Restricted Industrial in Sanford and includes a recently approved site plan for industrial development. C. Area adjacent to north boundary of site inclu- des unincorporated land Zoned A -1, Agriculture and M -lA Industrial in Seminole County. Industrial development of property located in M -lA zone is anticipated in the near future. A trucking business is located futher north in an M -lA Zone at the northwest corner of West 5th Street and Airport Boulevard. D. Area east of Airport Boulevard and adjacent to site is zoned for industrial (M -1 and MI -2 in Seminole County and City of Sanford, respec- tively) and includes various existing whole- sale- industrial activities. Subject: Planning Recommendations for Meeting of July 16, 1987 JULY 8, 1987 Page 3 1. Site is Zoned GC -2, General Commercial, appears to include automobile storage, rental and repair activities and encompasses approximately one half (1/2) acre. 2. A vehicle repair and wrecking establishment, various offices, stores and resturants are located in general vicinity of site within an established GC -2 Zoning District. A trailer sales and accessory establishment is located on the east side of Orlando Drive near site. 3. Recommend approval of conditional use for sales and ser- vices of new and used automobiles only based on automo- bile- oriented activities already established in the immediate area and limitted size of site. xc: City Clerk