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08.17.06Tol iL City of Sanford PLANNING & ZONING COMMISSION Thursday - August 17, 2006 City Commission Chambers, 1s Floor, Sanford City Hall 360 North Park Avenue, Sanford, Florida Regularly Scheduled Meeting 10 AM Approval of Minutes • July 20, 2006 Regular Meeting Minutes Acceptance of Proof of Publication Public Hearings PH -1 Hold a Public Hearing to consider a Conditional Use for an Urban Inf ll Redevelopment of an existing non - conforming property for an office - retail building at 500 Sanford Avenue Tax Parcel Numbers: 25- 19- 30 - 0701 - and 25- 19- 30 -5AG - -0010 Property Owners: Joe King and Jennifer Cartier Representative: John Giuliani -- Landmark Building and Construction, Inc. PH -2 Hold �a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment to change the use from an existing single family residence to a professional office at 310 Elm Avenue. Tax Parcel Number: 25- 19- 30 -5AG -0507 -0030 Property Owner: Beth -Ann Schulman Representative: Beth -Ann Schulman PH -3 Hold'a Public Hearing to consider a Conditional Use to allow an Educational Facility for New Path Montessori School at 301 San Marcos Avenue. Tax Parcel Number: 30- 19 -31- 508 - 2800 -4040 Property Owner: GLV, LLC - Rafael A. Gonzalez Representatives: Vivian Toro and Marien Pena — New Path Montessori School, Inc. PH -4 Hold a Public Hearing to consider a request to Rezone 0.20 acre at 2521 Sanford Avenue from SR--1, Single Family Residential to RC- I , Restricted Commercial, allowing the owner to redevelop the site as an urban infill redevelopment project converting the existing residence into an office for their business, Evering Industries. Tax Parcel Number: 06 -20 -31 -502- 0100 -0210 Property Owners: Theodore & Jessica Evering Representatives: Theodore & Jessica Evering PH -5 Hold a Public Hearing to consider a small scale amendment to the Comprehensive Plan, changing the Future Land Use Map designation from wDBD . waterfront, Downtown Business District to PRO Parks, Recreation, Open Space for 8.33 acres at 600 E. I s' Street The purpose of the amendment is to place the entire Fort Mellon Park area under the Future Land Use designation of PRO. Property Owner: City of Sanford Representative: Antonia Gerli, Principal Planner PH -6 Hold a Public Hearing to consider rezoning 8.33 acres at 600 E. I` Street from SC -3, Special Commercial to PRO, Parks, Recreation, Open Space. The purpose of the rezoning is to place the entire Fort Mellon Park area under the PRO zoning category. Property Owner: City of Sanford Representative: Antonia Gerli, Principal Planner Staff Reports Citizen Participation Commissioners Reports Adjournment 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 286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the ADA Coordinator at 407.330.5626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF AUGUST 17, 2006 10 AM CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Ross Robert, Chairman Andy Kutz, Vice Chairman Brian Volk Richard Huber Rami Yosef an Bobby VonHerbulis Carol Dennison Otto Garrett MEMBERS ABSENT Eddie Green OTHERS PRESENT Larry Robertson, Development Services Manager Antonia G erli, Principal Planner Eileen Hinson, Senior Planner Dennis Mrozek, Planning Intern Mary Muse, Secretary Mr, Robert called the meeting to order at I OAM. MINUTES Ms. Dennison moved to approve the Minutes of the July 20, 2006 Regular Meeting, Mr. Volk seconded. All in favor. Motion carried 8 -0. PROOF OF PUBLICATION Mr. Rutz moved to accept the proof of publication for the Public Hearings being considered. Mr. VonHerbulis seconded. All in favor. Motion carried 8 -0. PUBLIC HEARINGS Hold a Public Hearing to consider a Conditional Use for an Urban Inf ll Redevelopment of an existing non- conforming property for an office- retail building at 500 Sanford Avenue; Joe King and Jennifer Cartier, property owners. Due to the representative not present at this time, Mr. VonHerbulis moved to consider this Public Hearing later in the meeting. Ms. Dennison seconded. All in favor, Motion carried 8 -0. Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment to change the use from an existing single family residence to a professional office at 31 0 Elm Avenue; Beth-Ann Schulman, property owner and representative. Additional staff recommendations submitted by Mr. Robertson were: I) eliminate all access from Elm Avenue by removing driveway and add landscaping in the front; 2) install landscaping along the north and south property lines; 3) obtain HPB approval for all site improvements; and 4) obtain all necessary building permits, inspections and pay appropriate fees. Mr. VonHerbulis moved to approve the Conditional Use request per staff s amended recommendation with the exception of eliminating the access from Elm Avenue until a site plan can be reviewed and approved by Planning and Zoning Commission to determine if the access from Elm Avenue needs to be eliminated. Mr. Huber seconded. All in favor. Motion carried 8 -0. MINUTES — AUGUST 17, 2006 PLANNING AND ZONING COMMISSION PAGE 2 Hold a Public Hearing to consider a Conditional Use to allow an Educational Facility for New Path Montessori School at 301 San Marcos Avenue; GLV, LLC - Rafael A. Gonzalez; Marten Pena — New Path Montessori School, Inc. and Rafael Gonzalez — property owner, representatives. Present to speak was John Leroy, Mr. Leroy was present to review the site plan to determine if there was going to be an outdoor play area. Additional staff recommendation submitted by Mr. Robertson was: if the Conditional Use is approved, there shall be no use or occupancy of the building or site until all required improvements to the site and building have been completed and approved by the city. Mr. Yosefian moved to approve the Conditional Use request per staffs amended recommendation. Mr. Kutz seconded. All in favor:. Motion carried 8 -0. Hold a Public Hearing to consider a request to Rezone 0.20 acre at 2521 Sanford Avenue from SR -1, Single Family Residential to RC -1, Restricted Commercial, allowing the owner to redevelop the site as an urban inf ll redevelopment project converting the existing residence into an office for their business, Evering Industries; Theodore & Jessica Evering, property owners; Jessica Evering, representative. Paul Langan of 2519 Sanford Avenue was present to speak in favor of the request. Additional staff recommendations submitted by Mr. Robertson were: 1 ) there shall be no use or occupancy of the building or site until all required improvements to the site and building has been completed and approved by the city; 2) handicap parking or any other parking is not allowed in the front yard area/buffer; and 3) decorative fencing and landscaping along the north and south property lines. Ms. Dennison moved to approve the Rezone request per staffs recommendation. Mr. Volk seconded. After discussion, Ms. Dennison amended her motion to include the amended recommendations with an additional stipulation that there shall be no outside storage or display on site. Mr. Volk seconded. All in favor. Amended Motion carried 8 -0. Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment of an existing non- conforming property for an office -- retail building at 500 Sanford Avenue; Joe Ding and Jennifer Cartier, property owners; John Giuliani — Landmark Building and Construction, Inc., representative. Present to speak was Zillerstein Bellamy. Ms. Bellamy was present to verify the exact location of the request. Mr. VonHerbulis moved to approve the Conditional Use per staff s recommendation with added stipulation that there shall be no additional occupant(s) until all on -site improvements are completed. Ms. Dennison seconded. All in favor. Motion carried 8 -0. Hold a Public Hearing to consider a small scale amendment to the Comprehensive Plan, changing the Future Land Use Map designation from wDBD - waterfront, Downtown Business District to PRO - Parks, Recreation, Open Space for 8.33 acres at 600 E. 1 st Street. The purpose of the amendment is to place the entire Fort Mellon Park area under the Future Land Use designation of PRO; City of Sanford, property owner; Antonia G erli, Principal Planner — City of Sanford, representative. Mr. VonHerbulis stated that he would like to have legal representation present to assist the board since there was a referendum for this area and moved to table until the next meeting. Mr_ Volk seconded. All in favor. Motion to table carried 8 -0. Hold a Public Hearing to consider rezoning 5.33 acres at 600 E. 1 st Street from SC -3, Special Commercial to PRO, Parks, Recreation, Open Space. The purpose of the rezoning is to place the entire Fort Mellon Park area under the PRO zoning category; City of Sanford, property owner; Antonia Gerli, Principal Planner — City of Sanford, representative. Since the Comprehensive Plan Amendment was tabled, no action was taken on the Rezone. ADD ON ITEM Approve the Final Plat for Celery Estates North, a 127 -lot single family residential community, located at 2500 Celery Avenue; Legacy Investments, LLC, owner. MINUTES -- AUGUST 17, 2006 PLANNING AND ZONING COMMISSION PAGE 3 Mr. Yosefian moved to approve the Final Plat per staff s recommendation. Mr. Huber seconded. All in favor. Motion carried 8 -0. STAFF REPORTS A staff report was included in the agenda packet for the board's review. COMMISSIONERS REPORTS Mr. VonHerbulis asked for an update on the traffic signal at Northstar industrial Park on W. 1" Street. Mr. Robertson stated that he would check into it and report back. Mr. Lutz stated that prior to Planning and zoning review, staff should ask for a professionally drawn site plan to ensure all codes have been addressed. Mr. Kutz stated that with the improvements and development along the lakefront, the ducks are not being accommodated. Millard Hunt, 801 E. 2 nd Street, read the section of the ballot that referred to Ordinance No. 3432, which established the referendum, not the zoning change issue. There was a different Ordinance for zoning, which was approved by the City Commission. He also stated that the City Commission has approved a concept plan for redoing all of Fort Mellon Park and appropriated funds to continue the planning process. Doreen Freeman, 705 Mellonville Avenue, was questioning how the lines where drawn for the rezone without incorporating the entire park as described in the county records as well as the referendum. She was wondering since the Chamber and Civic Center properties were not incorporated, if the city had other plans that the citizens are not aware of. She would like to have the entire area zoned as a park. Jay Jurie, 408 S. Virginia Avenue, stated that Sanford has tremendous assets, which are the downtown historical district and Fort Mellon Park. He felt that Fort Mellon Park would be best preserved in its existing capacity, which is as a Park, an anchor for development around it. Also, the parking area on Palmetto across from the Library would make a great town square. Something the board also needs to look at is the advent of the mass transit, which will be going down the I- 4 corridor and how all of this will connect into that. Henry Sweet, 2300 Oak Avenue, wanted to make sure the board would be considering the entire park as described in the Ordinance when it is brought back before them. He also stated that if anyone on the board had any financial interest, they may want to recluse themselves because the decision should be objective. He was also concerned that some of the board members were not aware that the City is moving forward with major plans to improve the park. Jay Jurie, 407 S. Virginia Avenue, stated that he would like to see the building at First Street and French Avenue redeveloped instead of sitting there empty at the gateway corridor to the city The board did inform Mr. Jurie that they had approved a Kidney Dialysis Center to occupy the building, but City Commission overturned the approval. ADJOURNMENT There being no further business, the meeting adjourned at Noon. Ross Robert, Chairman