Loading...
111306 ws agenda & min. CITY OF SANFORD CITY COMMISSION WORK SESSION MONDAY, NOVEMBER 13, 2006 4:00 PM Railroad Depot Room 2nd Floor Sanford City Hall 300 North Park Avenue Sanford, Florida ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~------------~------------- PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CAlL 407.330.5603 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. This record Is not provided by the City of Sanford. __~- - .......~,.,,,. ~",___~_________~_~_____~_,..,.,-.,______ IIWI ". ~ -- AGENDA 1) Interview applicants for appointment to the Sanford Airport Authority. [Commission Memo 06-489] 2) Presentation by the Sanford Welcome Center. 3) Sanford Community Redevelopment Agency request to amend its boundaries and term expiry. (R-9.D) [Commission Memo 06-488] 4) Discussion regarding City Commission Re-districting. [Commission Memo 06- 486] 5) Report on City Entrance Signs. (R-9.C) [Commission Memo 06-499] 6) Agenda Items - additional information and/or questions. 7) End the meeting. The City Commission ofthe City of Sanford, Florida, met in Work Session on Monday, November 13,2006. at 4 PM, in the Railroad Depot Room, 2nd Floor, City Hall, 300 North Park A venue, Sanford. Florida. Present: Mayor Linda Kuhn Vice Mayor Velma Williams Commissioner Art Woodruff Commissioner Randy Jones (present at 4:13 PM) Commissioner Jack T. Bridges City Manager Robert (Sherman) Yehl City Clerk Janet R. Dougherty Deputy City Clerk Cynthia Porter Absent: City Attorney William L. Colbert Mayor Kuhn called the Work Session to order at 4:06 PM. 1) Interview applicants for appointment to the Sanford Airport Authority. [Commission Memo 06-489] The Commission interviewed Regina Bereswill and David Cattell. 2) Presentation by the Sanford Welcome Center. Historic Sanford Welcome Center Board Member Robert Kinney distributed information regarding the Historic Sanford Welcome Center, Inc. Progress Update dated November 2006, and Manager Debra Harris gave a power point presentation of the same. 3) Sanford Community Redevelopment Agency request to amend its boundaries and term expiry. (R-9.D) [Commission Memo 06-488] 4) Discussion regarding City Commission Re-districting. [Commission Memo 06-486] Planning and Development Services Director Russ Gibson distributed and reviewed a modified Option 3 depicting the areas added and deleted from each district, a list of development projects since 2000 reflecting an estimate of the number of individuals that the City has added since the 2000 Census (by district), and a map depicting the current City limit boundaries (in gray) with the modified Option 3 overlaid. 5) Report on City Entrance Signs. (R-9.C) [Commission Memo 06-499] City Manager Yehl said that he will bring back more options for Commission consideration. 6) Agenda Items - additional information and/or questions. Commissioner Jones said that tonight he will request that the Commission reconsider demolition of the old Gino's Restaurant, as there is someone interested in revitalizing the property into a Patio Grill restaurant. Commissioner Woodruff said that this week he and Charles Rowe will meet with County Staff regarding Hopper Academy and asked the Commission if it would be ok to make a statement that the City is willing to make some financial commitment, either one time or over time, for an acceptable use if there is a partnership with some organization that has a substantial business plan and the County is willing the help financially. The Commission agreed that although there is no money budgeted for it at this time, it is a historic structure which needs to be saved. 7) End the meeting. Mayor Kuhn adjourned the Work Session at 5:47 PM. Mayor Linda Kuhn Attest: City Clerk cp ~ CITY OF SANFORD DENIAL DEVELOPMENT ORDER RELATING TO 201 PERSIMMON AVENUE On November 13, 2006, the City of Sanford issued this Denial Development Order relating to and touching and concerning the following described property: FINDINGS OF FACT GENERAL INFORMATION: Applicant: Property Owner( s): Engineer: Tax Parcel Number: Proiect Address: Requested Action: Existing Zoning: Future Land Use: Existing Land Use: Site Area: Legal Description: Paul Lanza (Paul's Towing) 1919 West First Street Sanford, Florida 32771 Phone: 407-321-7442 Fax: 407-688-1300 \ Paul and Renee Lanza 2321 East New York Avenue DeLand, Florida 32724 Phone: 407-321-7442 Fax: 407-688-1300 Nick Everly CPH Engineers 500 West Fulton Street Sanford, Florida 32771 Phone: 407-322-6841 Fax: 407-330-0639 25-19-30-5AG-0422-0000 201 Persimmon Avenue Conditional Use to allow Outdoor Storage of Automobiles GC-2, General Commercial GC, General Commercial Storage of Automobiles 1.77 acres (76,896 square feet) LEG ALL BLK 4 TR 22 & W ~ OF VACD ST ADJ ON E TOWN OF SANFORD, PB 1 PG 116 Surrounding Zoning and Uses: East: GC-2 West: MI-2 & GC-2 South: MR-3 North: GC-2 AAA Insta-Move, Trucking Company Mastec North America Four single family residential lots Paul's Auto and Truck Proiect: The Applicant submitted an appeal of the 6-1 vote and decision of the City's Planning and Zoning Commission (P&ZC) to deny a request for a conditional use permit to allow outdoor storage of automobiles at 201 Persimmon Avenue, Sanford, Florida. Requested Development Approval: The Applicant requested that the City Commission overturn the decision of the P&ZC entered October 3, 2006 nunc pro tunc to September 7, 2006. Additional Facts: The Applicant intended to use the property located at 201 Persimmon Avenue for the outdoor storage of automobiles. The property is the subject of a long history within the City. On September 7,2006, the P&ZC denied the application based on the following conclusions which surfaced at the hearing: (1) The proposed use is incompatible with current existing surrounding uses. (2) The site does not meet the Standards for Conditional Uses and, specifically, the below following items 0 & E: (D) The design of the proposed development must minimize adverse effects, including, but not limited to, visual noise and traffic impacts, of the proposed use on the surrounding properties. (E) The conditional use must be compatible with the nature and intensity of the development surrounding the premises and with the community character of the immediate vicinity of the parcel proposed for development. (3) The Applicant's previous use of the property has been more consistent with a "junk yard' than outdoor automobiles. (4) The history of this Applicant's disregard of City codes and the continuing illegal use of the site over a period exceeding two years without property approvals or site improvements. CONCLUSIONS OF LAW Article III, of the City's Land Development Regulations relates to the standards applicable to all conditional uses and provides that, in considering and acting upon an Page 2 of 4 .. application for condition use permit, the P&ZC and other City officials shall observe the following standards and make findings as to whether the application meets the standards: (1) The conditional use must be consistent with the goals, objectives and policies of the City of Sanford Comprehensive Plan and the land development regulations of the City. (2) Public facilities and services including, but not limited to, roadways, perk facilities, schools, police and fire protection, drainage systems, water storage and retention, refuse and disposal systems, water and sewer must be adequate to serve the proposed use. (3) The proposed development must not adversely affect known hydraulic surface and subsurface flows and management at the time of issuance of a conditional use order and must provide stormwater retention in accordance with the City's land Development Regulations and the requirements of the St. Johns River Water Management District. The stormwater generated by the proposed development must be managed in a manner such that neither any significant on-site nor off-site damage and/or problem or pollution is caused or increased. (4) The design of the proposed development and use must minimize adverse effects of the use proposed to be developed as a conditional use on the surrounding properties such impacts to include, but not be limited to, visual, noise and traffic impacts and hydraulic surface and water management. (5) The use proposed to be developed as a conditional use must be compatible with the nature and intensity of the development surrounding the premises and with the community character of the immediate vicinity of the property proposed for development. (6) The location and topography of the premises proposed for development must make the use an appropriate use which will not adversely affect the public interest. The subject application fails to comport with the requirements of (2), (3), (4), and (5) and, resultantly, (6) of the above-referenced criteria. Additionally, Section 3.5 provides that it shall be the burden of the Applicant to prove compliance with the above- stated standards. The Applicant failed to carry or meet that burden of proof. Accordingly, the Development Approval sought is not consistent with the City of Sanford Comprehensive Plan and development of the property as proposed and would not be consistent with an in compliance to applicable land development regulations and ordinances as set forth in the Code of Ordinances of the City of Sanford and would, accordingly, adversely affect the public interest. Page 3 of 4 ORDER NOW, THEREFORE, IT IS ORDERED THAT: (1) The aforementioned application for development approval is DENIED. (2) This Denial Development Order touches and concerns the aforedescribed property. (3) The City Commission hereby affirms the P&ZC's denial of a conditional use permit to allow outdoor storage of automobiles at 201 Persimmon Avenue, Sanford, Florida. (4) This Denial Development Order touches and concerns the property located at 201 Persimmon Avenue, Sanford, Florida. Done and Ordered on thise2-tt1day of December, 2006, nunc pro tunc to November 13, 2006. As approved and authorized for execution by the City Commission of the City of Sanford at its regular meeting of November 13, 2006. ATTEST: CITY COMMISSION OF THE CITY OF SANFORD 21a?:1t<. ~I ~~-~~ Linda K!Jhn, Mayor Page 4 of 4