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07.17.08 CITY OF SANFORD PLANNING & ZONING COMMISSION THURSDAY . JULY 17, 2008 CITY COMMISSION CHAMBERS SANFORD CITY HALL 1 ST FLOOR 300 NORTH PARK AVENUE, SANFORD, FLORIDA REGULARLY SCHEDULED MEETING 10AM ApPROVAL OF MINUTES · July 3, 2008 Regular Meeting Minutes ACCEPTANCE OF PROOF OF PUBLICATION PUBLIC HEARINGS PH-l Remove from Table and hold a Public Hearing to consider a request to amend an existing conditional use to allow General Commercial uses at 405 Celery Avenue. Tax Parcel Number: 31-19-31-506-0AOO-0020 Property Owner: Gary Rager Representative: Gary Rager PH-2 Hold a Public Hearing to consider a conditional use request to allow vehicular sales for Happy Bays Scooter Depot at 250 E. Lake Mary Boulevard. Tax Parcel Number: 11-20-30-517-0000-0030 Property Owner: Norris Industries, Inc Representative: Alan Norris PH-3A Hold a Public Hearing to consider a request for a Small Scale Comprehensive Plan Amendment to change the Future Land Use designation from RP, Resource Protection to GC, General Commercial for Skyway Plaza at 2955 Sanford Avenue. Tax Parcel Numbers: 06-20-31-300-006/7/8/90-0000 and 06-20-31-506-0000-00A2 Property Owner: Avila Rolando Representative: Dana Boyte, CPH Engineers PH-3B Hold a Public Hearing to consider a request to rezone 7.76 acres to GC-2, General Commercial for Skyway Plaza, a mixed use commercial development at 2955 Sanford Avenue. Tax Parcel Numbers: 06-20-31-300-006/7/90-0000 and 06-20-31-506-0000-00A2 Property Owner: Avila Rolando Representative: Dana Boyte, CPH Engineers PH-4 Hold a Public Hearing to consider proposed amendments to the Transportation Element of the Comprehensive Plan which creates a Transportation Concurrency Exception Area. Representative: Antonia Gerli, Principal Planner - City of Sanford PH-5 Remove from Table and Hold a Public Hearing to consider amendments to the Sanford City Code, Chapter 74, Planning and Development, to provide an administrative process for evaluating vested rights assertions. Representative: Antonia Gerli, Principal Planner - City of Sanford STAFF REPORTS CITIZEN PARTICIPATION COMMISSIONERS REPORTS ADJOURNMENT PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND PLANNING & ZONING COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.688.5013 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 PLANNING & ZONING 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. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF JULY 17, 2008 lOAM CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Otto Garrett, Chairman Brian Yolk Eddie Green Ross Robert Carol Dennison MEMBERS ABSENT Bobby VonHerbulis, Vice Chairman - excused Rami Yosefian - excused Andy Kutz - excused OTHERS PRESENT Ken McIntosh, Assistant City Attorney Larry Robertson, Development Services Manager Mary Moskowitz, Planner Mary Muse, Administrative Coordinator Mr. Garrett called the meeting to order at 10:05 AM. MINUTES Ms. Dennison moved to approve the Minutes of the July 3, 2008 Regular Meeting. Mr. Green seconded. All in favor. Motion carried 5-0. PROOF OF PUBLICATION Mr. Robert moved to accept the proof of publications. Mr. Yolk seconded. All in favor. Motion carried 5-0. PUBLIC HEARINGS Remove from Table and hold a Public Hearing to consider a request to amend an existing conditional use to allow General Commercial uses at 405 Celery Avenue. Gary Rager, property owner; Gary Rager, Ron Washington-tenant, and Jack Reynolds - JR Consultant, representatives. Ms. Dennison moved to remove from the table. Mr. Robert seconded. All in favor. Motion carried 5-0. Ms. Dennison moved to approve the amended conditional use per staff s recommendation with the following changes: Item #3(The auto detailing and/or car wash business must be discontinued) add "unless it meets the LDR requirements" and Item # 1 (An engineered site plan must be submitted and approved within 90 days and a development permit issued prior to any site improvements) change 90 days to 120 days. Mr. Yolk seconded. All in favor. Motion carried 5-0. MINUTES - JULY 17, 2008 PLANNING AND ZONING COMMISSION PAGE 2 Hold a Public Hearing to consider a conditional use request to allow vehicular sales for Happy Bays Scooter Depot at 250 E. Lake Mary Boulevard~ Norris Industries, Inc., property owner; Alan Norris, representative. Mr~ Robert moved to approve the conditional use per staffs recommendation. Mr. Green seconded. All in favor. Motion carried 5-0. Hold a Public Hearing to consider a request for a Small Scale Comprehensive Plan Amendment to change the Future Land Use designation from RP, Resource Protection to GC, General Commercial for Skyway Plaza at 2955 Sanford Avenue. Avila Rolando, property owner; Dana Boyte - CPH Engineers, representative. Cynthia Flagge and Theresa Osborne were present to speak. They were concerned about the buffer area along the east property line adjacent to their property. Mr. Green moved to recommend approval to the City Commission per staffs recommendation. Mr. Robert seconded. All in favor. Motion carried 5...0. Hold a Public Hearing to consider a request to rezone 7.76 acres to GC-2, General Commercial for Skyway Plaza, a mixed use commercial development at 2955 Sanford Avenue. Avila Rolando, property owner; Dana Boyte - CPR Engineers and Storm Richards, representatives. Robert & Christine La Sage were present to speak. They were concerned about the possibility of poor drainage issues and decline in water pressure. Mr. Robert moved to recommend approval to the City Commission per staffs recommendation, which includes a variance to increase the maximum height of building from 50 feet to 98 feet and a reduction in the parking stall size from 10 feet by 20 feet to 9 feet by 20 feet. Mr. Volk seconded. All in favor. Motion carried 5-0. Hold a Public Hearing to consider proposed amendments to the Transportation Element of the Comprehensive Plan which creates a Transportation Concurrency Exception Area. Tim Stillings - Kimley-Hom and Associates, representative. Alvin Beverly was present to speak. He requested the board to make sure all answers are obtained before it is recommended for approval since there are concerns from the board. Mr. Green moved to recommend approval to the City Commission per staffs recommendation and asked City Commission to consider studies for the remainder of the City as it relates to traffic congested areas. Mr. Robert seconded. All in favor. Motion carried 5-0. Remove from Table and hold a Public Hearing to consider amendments to the Sanford City Code, Chapter 74, Planning and Development, to provide an administrative process for evaluating vested rights assertions. Ken McIntosh, Assistant City Attorney and Larry Robertson, Development Services Manager - City of Sanford, representatives. Ms. Dennison moved to remove from Table. Mr. Robert seconded. All in favor. Motion carried 5-0. Alvin Beverly, Delores Lash, Bob Parsell, and Rich Waters were present to speak. They were under the impression the vested rights being presented for consideration would be a tool an individual could use to "grandfather- in" existing freestanding signs. Mr. McIntosh stated the vested rights being considered is not a grandfather-in tool for the sign ordinance and that the sign task force needs to submit a "grandfathering" clause as it relates to the sign ordinance for cons iderati on. MINUTES - JULY 17, 2008 PLANNING AND ZONING COMMISSION PAGE 3 Ms~ Dennison moved to recommend approval to the City Commission per staffs recommendation and pointed out the fact that the ordinance is not a piece of legislation that solves sign problems and that the sign matter needs to be advanced as quickly as possible under the tutelage and recommendation of the Chamber Task Force to the staff of the City of Sanford for further handling. Mr~ Robert seconded. All in favor~ Motion carried 5-0~ STAFF REPORTS A staff report was distributed. CITIZEN PARTICIPATION None. COMMISSIONERS REPORTS None. ADJOURNMENT There being no further business, the meeting adjourned at 1:] 2 PM. Otto Garrett, Chairman