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12.15.05City of 5anf ord PLANNING &ZONING COMMISSION Thursday - December 15,2005 City Commission Chambers, 1 st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda - 7 :00 PAR Approval of Minutes December 1, 2505 Regular Meeting Minutes Acceptance of Proof of Publication Public Hearings PH -1 Remove from Table and Hold a Public Hearing to consider a Conditional Use for Urban Infill Redevelopment to redevelop Park Place Plaza and the adjacent retail building (battery store) at 2465 Park Avenue. Tax Parcel Numbers: 36- 19- 36-540 - 6060 -0136, 36- 19- 36-540 - 0000 --0150 Property Owner: Albino Teixeira Representative: Greg Wilson — RH Wilson and Associates PH--2 Hold a Public Hearing to consider a Conditional Use request to establish a House of Worship (church) in an AG, Agriculture zoning district for Lifeway Community Church at 3195 Country Club Road Tax Parcel Number: 33- 19-30-5AF -0000 -0540 Property owners: Patrick Zeuli & Sons Inv. Inc. & Richard A. & Jeanne Fleishmann Representative: Pastor Gerald Brown — Lifeway Community Church PH--3 Hold a Public Hearing to consider a Conditional use request to redevelop and change the use of a non - conforming property for the Fresenius Medical Care facility at 550 W. 1st Street. Tax Parcel Number: 25- 19- 30 -5AG -0208 --0010 Property owners: Consolidated - Tomoka Land Co. Representative: Grant T. Downing — Godbold, Downing, Sheahan & Bill, Attorneys at Law PH-4 Hold a Public Hearing to Rezone 4.31 acres from GC -2, General Commercial to PD, Planned Development for a proposed showroom and warehouse for Hudson Furniture at 3310 W. 1 st Street Tax Parcel Number: 22- 19- 30 -5AD -0000 -0390 Property owner: HUD -ONE, LLC Representative: Mitch Collins, P.E. PH -5 Remove from Table and Hold a Public Hearing to consider a Conditional Use for Urban Infill Redevelopment to establish Heritage Townhomes, a 15 unit townhouse community at 701 W. 22nd Street Tax Parcel Number: 36 -19 -30 -523- 0000-0010 Property owner: Heritage Townhomes, LLC Representative: Marc R. Holder, P.E. — Holder Engineering Corporation ,Development Plans DP -1 Consider the Preliminary Subdivision Plan for Heritage Townhomes, a proposed 15 unit townhouse community at 701 W. 22nd Street. Tax Parcel Number: 36 -19 -30 -523- 0000-0010 Property Owner: Heritage Townhomes, LLC Representative: Marc R. Holder, P.E, — Holder Engineering Corporation Staff Re arts Citizen Partici ation C ommissioners 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 DECEMBER 15, 2005 7 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Ross Robert, Chairman Brian Volk Eddie Green Richard Huber Bobby VonHerbulis Carol Dennison MEMBERS ABSENT Andy Kutz, Vice Chairman, excused Ram.i Yosefian, excused Otto Garrett, excused OTHERS PRESENT Russ Gibson, Director of Planning and Development Services Larry Robertson, Development Services Manager Leo Cruz, Planner Mary Muse, Secretary Mr. Robert called the meeting to order at 7 P.M. MINUTES Mr. Huber moved to approve the Minutes of the December 1, 2005 Regular Meeting. Mr. Volk seconded. Mr. Green not present at this time, all others in favor. Motion carried. PROOF OF PUBLICATION Ms. Dennison moved to accept the proof of publication for the Public Hearings being considered. Mr. Huber seconded. Mr. Green not present at this time, all others in favor.. Motion carried. PUBLIC HEARINGS Remove from Table and Hold a Public Hearing to consider a Conditional Use for Urban Infill Redevelopment to redevelop Park Place Plaza and the adjacent retail building (battery store) at 2465 Park Avenue; Albino Teixeira - property owner, Greg Wilson —RH Wilson and Associates, representative. Mr. Volk moved to remove from Table. Mr. Huber seconded. All in favor. Motion carried. Mr. VonHerbulis moved to approve the request per staff s recommendation. Mr Huber seconded. All in favor. Motion carried. Hold a Public Hearing to consider a Conditional Use request to establish a House of worship (church) in an AG, Agriculture zoning district for Lifeway Community Church at 3195 Country Club Road; Patrick Zeuli & Sons Inv. Inc. and Richard A. & Jeanne Fleishmann — owners; Pastor Gerald Brown Lifeway Community Church, representative. David Maxwell was present to address his concerns about traffic issues and property values. MINUTES -- DECEMBER 15, 2005 PLANNING AND ZONING COMMISSION PAGE 2 Mr. Volk moved to approve the request per staff s recommendation. Mr . Green seconded. All in favor_ Motion carried. Hold a Public Hearing to consider a Conditional use request to redevelop and change the use of a non - conforming property for the Fresenius Medical Care facility at 550 W. 1 st Street; Consolidated - Tomoka Land Co., owners, Grant T. Downing Godbold, Downing, Sheahan &. Bill, Attorneys at Law and Torn. Vanderploeg and Carol Kewley -- Fresenius Medical Care, representatives. Letters from Chris & Leslie Stevens, Annie Horstmeyer and Judi Robison were read into the record. Present to speak were Denny Gibbs and Alec Then. The majority felt that this site should remain retail since this area is the gateway to the downtown historic district. Mr. Green moved to deny the request based upon First Street being a gateway to the downtown area and a medical facility is not the best fit for this location, as well as the community's interest in having a retail use on this site. Mr. Huber seconded. Those voting in favor to deny the request were Green, Huber and Dennison. Those voting against to deny were Robert, Volk and VonHerbulis. After discussion, Mr. Volk moved to approve the request per staff s recommendations. Mr. VonHerbulis seconded. Those voting in favor to approve the request were Volk, VonHerbulis and Robert. Those voting against the approval were Green, Huber and Dennison. Due to there being a tie vote, Mr. VonHerbulis moved to forward the request to City Commission for review. Ms. Dennison seconded. All in favor. Motion carried. Hold a Public Hearing to Rezone 4.31 acres from GC-2, General Commercial to PD, Planned Development for a proposed showroom and warehouse for Hudson Furniture at 3 310 W . 1 st Street; HUD -ONE, LLC, owner; Mitch Collins, P.E., representative. Brian Fansler was present to ensure the large trees adjacent to his property would remain to help with buffering the noise. Mr VonHerbulis moved to approve the request per staff's recommendation with the following changes: require buffering for the property to the north to meet the industrial to residential separation (50 ft. per code) but can be reduced slightly if staff determines majority of existing trees are kept in a smaller buffer, allow a wood privacy fence in place of the proposed 6 ft high block wall on the north (where the trees are to be kept), and the open space be a minimum 25% and the retention not included in that space with the definition of the retention area to be defined by staff. Ms. Dennison seconded. All in favor. Motion carried Remove from Table and Hold a Public Hearing to consider a Conditional Use for Urban Infill Redevelopment to establish Heritage Townhomes, a 15 unit townhouse community at 701 W. 22nd Street; Heritage Townhomes, LLC, owner; Dan Clifton- United Affiliates, LLP and Marc R. Holder, P.E. — Holder Engineering Corporation, representatives. Ms. Dennison moved to remove from Table. Mr. Huber seconded. All in favor. Motion carried. Mr. VonHerbulis moved to approve the request per staff's recommendation. Ms. Dennison seconded. All in favor_ Motion carried. DEVELOPMENT PLANS Consider the Preliminary Subdivision Plan (PSP) for Heritage Townhomes, a proposed 15 unit townhouse community at 701 W, 22nd Street; Heritage Townhomes, LLC, owner; Marc R. Holder, P.E.-Holder Engineering Corporation, representative. Mr. VonHerbulis moved to approve the PSP per staff s recommendation with the stipulation that the applicant work with staff in reference to salvaging some of the larger clusters of oak trees. Mr.. Volk seconded. All in favor. Motion carried. MINUTES — DECEMBER 15, 2005 PLANNING AND ZONING COMMISSION PAGE 3 STAFF REPORTS Mr. Gibson pledged to have the Crown Colony fence issue resolved before the January hearing and he is working with the Homeowners Association to have it repaired in a permanent manner. Mr, Gibson introduced Leo Cruz, Planner, to the board. Mr., Gibson expressed his gratitude to the board for their dedication and service to the city. COMMISSIONERS REPORTS Mr. VonHerbulis asked about the status of the traffic signals on w. 1" Street at the Northstar Industrial Park entrance. Mr, Gibson informed him that Florida Power and Light needs to relocate some major transmission lines before the intersection can be improved. CITIZEN PARTICIPATION None. ADJOURNMENT There being no further business, the meeting adjourned at 10 P.M. Ross Robert, Chairman