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04.03.03City of Sanford PLANNING &ZONING COMMISSION Thursday -April 3, 2003 City Commission Chambers, 1 Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda - 7:00 P.M. Approval of Minutes March 20, 2003 Regular Meeting Minutes Development Plans 1. Consider an amendment to the Preliminary Subdivision Plan for the Live oak Center (Lowes), a five (5) lot commercial subdivision located at 3768 - 3780 Orlando Drive Tax Parcel Numbers: 11 -20 -30 -519- 0000 -0010 thru 11 -20 -30 -519- 0000 -0050 Property Owners: Lowes Home Improvement, DMH Partners, Inc. and BML Inv & PRN Inv. et.al. Representative: Roger Strcula, P.E. - Upham, Inc. 2. Consider the Site Plan for AmSouth Bank, a proposed 3,020 square foot building on approximately 1.14 acres located at 4477 W. 1 st Street. Tax Parcel Number: 28- 19- 30- 300 -001 0 -0000 Property Owner: BGZM Land, LLC. Representatives: Meiying Gu, P.E. and Bill Tomala - Interplan, LLC Public Hearin s 1.a Hold a Public Hearing to consider a Conditional Use request for Sanford Irrigation to establish a warehouse (Indoor Wholesale & Storage) in GC -2, General Commercial zoning at 411 Wylly Avenue. Tax Parcel Numbers: 06- 20 -31- 503 - 1500 -0010 and 06- 20 -31- 503 - 1500 -001 A Property Owner/ Representative: Thomas E. Lyon 1.b Consider the Site Plan for a 7,999 sq. ft. office /warehouse building for Sanford Irrigation at 411 Wylly Ave. Tax Parcel Numbers: 06- 20 -31- 503 - 1500 -0010 and 06-20-31-503-1500-001A Property Owner /Representative: Thomas E. Lyon 2. Hold a Public Hearing to rezone three (3) acres from AG, Agriculture to SR-1A, Single Family Residential for Vintage oaks, a proposed single family subdivision at 3310 Mellonville Avenue. Tax Parcel Number: 07- 20 -31- 300 -0100 -0000 Property Owners /Representatives: Daniel Beatty, Matthew G. DeBoard and L. Keith Pangle 3.. Hold a Public Hearing to consider a Conditional Use request for Wat Navarum Buddhist Temple to establish a Church in AG, Agriculture zoning at 2381 and 2391 Narcissus Avenue. Tax Parcel Numbers: 22 -19 -30 -5AD- 0000 -0180 and 22- 19 -30- 5AD - 0000 -018 B Property Owners: Wat Navarum Buddhist Temple and James & Carolyn Pierson Representative: Maureen A. Golmont - Watson Realty Citizen Participation Staff Reports Commissioners Reports Adiournment 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 Human Resources office ADA Coordinator at 447 - 336 -5626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OFAPRIL 3, 2003 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Mike Skat Andy Kutz Gary Lowell Carol Dennison Otto Garrett Richard Huber MEMBERS ABSENT: Rami Yosefian, excused Bobby VonHerbulis, excused Rob Carraway OTHERS PRESENT: Russ Gibson, Land Development Manager Nick Balevich, Planner Mary Muse, Recording Secretary Mr. Robert called the meeting to order at 7:03 P.M. MINUTES. Mr. Skat moved to approve the Minutes of the March 20, 2003 Regular Meeting. Mr. Kutz seconded. All in favor. Motion carried. DEVELOPMENT PLANS. Consider an amendment to the Preliminary Subdivision Plan for the Live Oak Center (Cowes), a five (5) lot commercial subdivision located at 3768 -3780 Orlando Drive, Representative Roger Strcula was present. He stated that the owner is requesting a right in/right out for the two outparcels. They originally requested this during the Lowe's review, but elected to remove it at that time. FDOT has approved the request, but is waiting to issue the permit until PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 3, 2003 PAGE 2 City approval. The right in/right out would serve Lots 1 and 2, with Dunkin Donuts being considered for Lot 2 and the proposed tenants need the right in/right out for marketable reasons. The final turn lane stripping is being held up due to vacating of the fire station. Mr. Gibson stated that Staff is recommending denial because the entire subdivision was approved with the stipulation that there would be no more than two access points to US Hwy 17- 92. The main access that is shared with the gas station will be signalized at a future date and the second access point designed is at the south which is shared with the Albertson's Plaza. The second reason for denial is due to Hwy 17 -92 already being at an "F" level of service and the third reason is due to the Seminole County crash data which indicates that Hwy 17 -92 in the vicinity of the proposed driveway already experiences a high rate of accidents at existing driveways and intersections. (Mr. Gibson passed around an exhibit showing crash sites). The study is based on peak hour traffic. Mr. Gibson stated that this property is no different from the outparcel at the Wal -Mart Shopping Center with all outparcels having a shared common access with no access point from Hwy 17 -92. Lot 1 will have access from the RaceTrack access road and the outparcels do have cross access where they connect to Lowe's property. Don Huber, property owner, stated that during the subdivision review they agreed to not have the right in/right out now with the proposed tenants, they are requesting the access. Mr. Lowell stated that there is a similar situation at the Home Depot in Lake Mary with all the restaurants having access through the Home Depot parking lot. Mr. Gibson stated that there are land use policies that encourage cross access and shared driveways. Mr. Strcula stated that at all of the previous meetings, they were told the fire station building was going to remain that it was not going to be removed and the new owner would be able to utilize the building. Mr. Gibson stated that the occupancy of the old fire station building would have to be approved by Planning and Zoning because it is anon- conforming piece of property. Turgut Dervish, the traffic engineer for Lowe's and Wal -Mart, stated that right in/right out's are not traffic problem areas and the south entrance can not be moved because of the truck maneuverability to the Lowe's store. Mr. Skat stated that he is concerned with how the fire station creates a hardship problem for the site. Lowell Crumwalth, Construction Manager for Dunkin Donuts, stated that the southbound traffic would be able to obtain access better and the president of Dunkin Donuts will not be interested in opening a store here if the right in/right out is not approved. At the Home Depot location, people have learned to get to their store due to the location, but they don't want to do that same situation again because they are looking at convenience for their customers. PLANNING & ZONING COMMISSION MINUTES -- MEETING OF APRIL 3, 2003 PAGE 3 Mr. Skat asked about the signage afforded to Lots 1 and 2. Mr. Gibson informed him that both lots are each allowed fifty square feet of copy face on a maximum fifteen -foot high monument. Mr. Skat stated that he would like to go on record saying that he thinks it's embarrassing how the city allowed the situation to arrive with the fire station and is disappointed how the city handled the situation and Lowe's should be allowed the new access until the situation is resolved with the fire station property. Mr. Lowell moved to deny the request per Staff's recommendation for the reason that it degrades the road service, it degrades the level of service, it's a high accident area, and bringing an additional ingress /egress of traffic at an area that is not signalized it's not a safe situation. Ms. Dennison seconded. Motion carried to deny with Mr. Skat, Mr. Kutz and Mr. Huber opposing. Consider the Site Plan for AmSouth Bank, a proposed 3,020 square foot building on approximately 1.13 acres located at 4477 W. 1 St Street. Representative Bill Tomala was present. He stated that they would like to request the board to consider not requiring the bump outs at the drive -thru exit area. Not everyone will be leaving the drive -thru at the same time due to the way the lanes are staggered and the landscaping has been increased along 46. Mr. Gibson stated that the position of staff is that they are dealing with a low speed of travel and the opportunity here with the bump outs was to control the volume of traffic, the number of vehicles leaving the site going in different directions. This is also a way to help screen the drive - thru area and soften it from the road. Mr. Skat asked why the drive -thru lanes were facing 46. Mr. Gibson stated that when the Master Plan was approved, the drive -thru was shown along 46 based on the configuration of the property. Bemmie Eustace with Interplan stated that one of the concerns was the view along the roadway. There is a stop bar for the drive -thru lanes so they have to stop and decide which way to go. They are working with Seminole County on the trail along the west property line. They concur with Staff s report but would like to have the bump outs eliminated. Mr. Lowell moved to approve per Staff's recommendation and the blueprints submitted eliminating the bump outs and returning it to the original S %z x 11 drawings, which removes the bumpers. Mr. Kutz seconded. All in favor. Motion carried. PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 3, 2003 PAGE 4 PUBLIC HEARINGS. Hold a Public Hearing to consider a Conditional Use request for Sanford Irrigation to establish a warehouse (Indoor Wholesale &Storage) in GC -2, General Commercial zoning at 411 Wylly Avenue. Mr. Kutz abstained from this item due to being the architect on the job. Representative Danny Lee was present. He stated that there is a manufacturing type business to the south with residential to the east. Mr. Gibson stated that the residential area is to the east on the other side of Grandview Avenue. Along Sanford Avenue there is a vacant lot that is in the county and there is a residential unit next to the vacant lot. This is for indoor use only with the primary activity being for storage with an office area on the north side of the building. Those present to speak: Florence Butler of 503 Wylly Avenue asked about the landscaping on the property and the size of the building. Mr. Gibson stated that the right -of -way takes care of the buffer requirement and there will be landscaping required according to the code requirements. The building contains a 2,000 square foot office with 6,000 square foot of warehouse. Harvey Butler of 503 Wylly Avenue stated that they are not opposed to the project, they are concerned about the long -term ramifications regarding additional variance requests and the way the project may look further down the road. Mr. Garrett moved to approve per Staff s recommendation. Mr. Skat seconded. All in favor with Andy Kutz abstaining. Motion carried. Consider the Site Plan for a 7,999 square foot office/warehouse building for Sanford Irrigation at 411 Wylly Avenue. Mr. Kutz abstained from this item due to being the architect on the job. Representative Danny Lee was present. He stated that there will be lights on the building which will shine down the wall. They are saving as many trees as possible with owner Tom Lyon installing larger oak trees than what are required. All items will be stored inside. The retention pond is a dry pond and all ditches will be piped and covered. There will be sidewalks along the north and east sides of the property. PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 3, 2003 PAGE 5 Mr. Skat moved to approve per Staff s recommendation. Mr. Huber seconded. All in favor with Mr. Kutz abstaining. Motion carried. Hold a Public Hearing to rezone five (5) acres from AG, Agriculture to SR -1A, Single Family Residential for Vintage oaks, a proposed single family subdivision at 3310 Mellonville Avenue. Representative Robert Deboard was present. He stated that they are proposing to develop the site with eight lots and the existing house on the property will be added onto. There were changes made due to the fire department asking for egress so the cul -de -sac was moved causing them to lose one lot. It will be a gated community with a decel lane for the entry gate. The sixty and eighty inch oaks will remain so the entry road will be located within the cleared area shown on the plan. The wall will be brick with wrought iron fencing and the road will be concrete. The range of homes will be in the $250,000's, with lot sizes being approximately 113 acre. Mr. Lowell stated that the examples shown are not less than 1,900 square feet but staff is stating a minimum requirement of 1,200 square feet and asked if they would oppose to a minimum requirement of 1,900 square feet instead of 1,200 square feet. A representative from the audience stated that they would agree with 1,700 square feet due to there being more flexibility. Mr. Deboard stated that the smallest lot is 10,200 square feet and the average size of the other lots is 12,000 square feet. Mr. Gibson stated that the only issue considered tonight is the rezone from Agriculture to Single Family Residential. The original application that was submitted had a SR -1 rezone request and staff upgraded it to SR -1 A. The 1,700 square foot floor area exceeds the SR -1 A requirements and in reality it could be rezoned to SR -1 AA because it meets all the minimum standards. There can be safeguards built in with the approval tonight. Those present to speak: Barbara Bornstein of 3305 Mellonville Avenue stated that her property is immediately across the street from the project and the gate would be directly across from her driveway. Her concerns were giving the developer too much lead way, the traffic along Mellonville Avenue, and the poor condition of the road surface on Mellonville. She wants to make sure the developer adheres to their statements. She also reported that there are several mail trucks that use Mellonville Avenue. Linda Barker of 3405 Mellonville Avenue stated that she would like to see SR -1 AA because of the higher standards it requires. She also asked if the existing home would comply with the requirements. PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 3, 2003 PAGE 6 Mr. Gibson stated that a development order would be filed and recorded for this project and staff does not require the home to stay that it is up to the board to place conditions on it. Keith Pangle of Sensible Homes stated that they like the concern of the neighbors and they want to build upscale homes. Dr. Beverly Baird Boothe of 3358 Whitner Way stated that she did not want 1,200 square foot living space. She would be okay with 1,700 square feet, but would prefer 1,900 square feet. John and Caroline Lyell of 3400 Whippoorwill Court stated that they live south of Lot #3 of the proposed project and also back up to the railroad. They are concerned about the drainage because they currently have problems with it. They asked if there will be a division between the Whippoorwill subdivision and the proposed subdivision. They also stated that there is a major problem with big trucks on Mellonville Avenue. Mr. Pangle informed the Lyells that they gave up a lot for retention and added a pond. Regarding the separation issue, they will leave it up to each property owner if they want it. There will only be a wall/fence along the front road area. Mr. Deboard stated that the existing house can not be moved and informed the board that the house is under the square footage that the board is wanting. Mr. Kutz moved to approve per Staff s recommendation with the addition of a minimum lot size of 9,000 square foot and a minimum living area of 1,700 square feet for all new construction. Mr. Lowell seconded. All in favor. Motion carried. Mr. Robert called meeting back to order at 9:58 P.M. after a 12 minute break. Hold a Public Hearing to consider a Conditional Use request for Wat Navarum Buddhist Temple to establish a Church in an AG, Agriculture zoning at 2381 and 2391 Narcissus Avenue. Representative Maureen Golmont was present. The owners currently own 3.5 acres with a home and a soccer field and are wanting to purchase the adjacent property to construct a Temple. They feel a house of worship would be the best use for this property. Present to speak were: Song Wong, a member of the Temple was present to speak. He stated that a Temple is a setting for traditional ceremonies and entertaining people with it being a community center for the people. They would like to have a place to keep the youth occupied to keep them away from violent crimes and drugs. The ceremonies normally run between 9:00 AM and 1:00 PM. There PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 3, 2003 PAGE 7 are soccer games that run in the afternoon until 5:00 or 6:00 PM. and sometimes they have karaoke after the soccer games. They came to this country after the Vietnam War and they try to seek each other out and meet at the Temple. Troy, a member of the Temple stated that there are more members living in the Sanford and Longwood areas, with this being the only Temple in Central Florida. On April 26th and 27 they are having their New Years special event. Before they purchase the adjacent property, they want to obtain approval for the conditional use. Mr. Gibson stated that there is a stipulation that if the applicant does not commence construction within 24 months, the conditional use will terminate. The staff is also concerned about appropriate improvements being made to the existing structure and property. Ms. Golmont asked how far along is the 24 -month period and was advised that it is at the breaking ground time. Mr. Skat stated that the 24 -month time restriction should be on the existing building and they should not be restricted on the new construction. Mr. Gibson agreed with Mr. Skat's comment and asked that the focus be on the improvements to the existing site within 24 months. Mr. Skat suggested having them come back with a site plan showing the position of everything that is existing such as the soccer field, parking, and the building. Alex, a member of the Temple stated that in order to get plan going, they want to obtain the approval first. He asked for the city to approve the request and then they will bring in a detail because they will comply with all of the rules and regulations. Mr. Robert asked if a Unity of Title is needed and Mr. Gibson informed him that due to the configuration of the two properties it could be developed for two separate churches. If the board approves the conditional use as one parcel, a Unity of Title will be required. William Dube of 601 Riverview Avenue stated that he lives on the corner of Narcissus and Riverview. There is a lot of traffic and it is getting out of hand in the area because with the road being small people are driving on his property. On Sundays you can hear them in the soccer fields. Mr. Skat asked if there were plans to improve Narcissus. Mr. Gibson stated that it would be addressed in the site plan for the temple. Some of the utilities have been upgraded due to Venetian Bay and the Catholic Church. The Utility Director is recommending the temple be obligated to pay for a portion of the installation of the utilities in the area. PLANNING & ZONING COMMISSION MINUTES -- MEETING OF APRIL 3, 2003 PAGE 8 Danny Lee of 511 Power Road stated that he just wanted to make them aware of the cost that might be associated with the development of the property such as road improvements, drainage, and utilities. James Pierson of Zellwood, Florida stated that he is the present owner of the property being purchased and the water problem is from the flowing wells on the property. Mr. Gibson suggested that the existing wells be considered for capping if they are not being used. Mr. Skat moved to approve per Staff s recommendation with the exception that Item #c only applies to the existing structure and the addition of Paul Moore's prorated share of the utility cost request. Mr. Kutz seconded. Rosanna England of 665 Riverview Avenue stated that it is very disturbing with the noise and the land stays wet. After discussion, Mr. Skat amended his motion to include special events shall fall under the special events permitting process, no activities proceed beyond 10:00 PM, and limit number of special events to four per year with a limit of one per month. Mr. Gibson stated that any property owner can request special events and the City Commission approves them. They do have a special event permit for the New Years activity in April. He also stated that Staff recommends that the services not continue until the board approves a site plan. There is not enough information on what they are doing there or what is going on. Until the City gets a handle on it, he suggested that the conditional use be granted to allow them to proceed with their engineering and until the site plan is reviewed and approved, there should be no use of the temple until all approvals are obtained. Mr. Skat restated the motion to approve the conditional use to create a Laotian Church at 2381/2391 Narcissus Avenue according to Staff s recommendation including Paul Moore's 450' prorated share of the sanitary sewer, special events shall be held under special event permitting, normal events shall have a 9:00 PM cut off time, eliminate staff recommendation Item #c, and add that a site plan is to be presented to staff within 90 days from this approval for this commission review. Mr. Kutz seconded. All in favor (excluding Mr. Lowell who had to leave during public hearing). Motion carried. CITIZEN PARTICIPATION. PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 3, 2003 PAGE 9 STAFF REPORTS. Mr. Gibson distributed a copy of an agenda memorandum that will be presented to the City Commission recommending that they allow cross access between the Baker's Crossing and Magnolia Park single family residential subdivision in order to provide better traffic circulation, especially to provide an alternative outlet to E. Lake Mary Blvd. from Sanford Avenue. He asked for comments to be forwarded to staff and suggested having the Chairman or Vice Chairman present at the Commission meeting. Mr. Gibson informed the board that at the next meeting, the Board will be reviewing the revised Schedule S. He also distributed a copy of the existing Schedule S. COMMISSIONERS REPORTS. Mr. Robert asked the Commission if they would like to approve the Rules of Civility for Public Participation that was presented to them. Mr. Skat moved to approve the Rules of Civility. Ms. Dennison seconded. All in favor. Motion carried. Mr. Skat informed the board that he will be attending a site plan meeting for the Suncor project. An issue regarding preserving the trees or not will be discussed and asked for input from the board. Mr. Kutz recommended that a comment be sent to the meeting group requesting them to do everything within their power to retain all of the existing trees wherever possible. Mr. Gibson stated that it is very difficult for the board to give feedback without tangible exhibits. ADJOURNMENT. There being no further business, the meeting adjourned at 11:35 P.M. Ross Robert, Chairman DATE ON WHICH VOI't OCCURRED WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the lave when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. i i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.34 3, FLORIDA STATUTES � G �LECTED OFFI CERS: A person holding elective count) :, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures , to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special - gain of a principal (other than a government agency) by whom he is retained. ` In either case, you should disclose the conflict- ` PRIOR TO THE %'OTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and Vk'I THIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. , APPOIN OFFICERS: 14 A person holding appointive c'o municipal, or other local public office IN4USTI .gBSTAIhI from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to tie special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but = st disclose the nature of the conflict before making any attempt to influence the decision by oral or wrirten communication, whether made by the officer or at his direction. IF YOU IN TEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT W THE VOTE WILL BE TAKEN: You should complete and file this form (before malting any attempt to influence the decision) with the person responsible fo. recording the minutes of the meeting, m-ho % ill incorporate the form in the minutes. • A copy of the form should be provided imrnediatelN' to the other members of the agency • T nP form should be read publicl \ at the rneetin= prior 10 consideration of the matter in which you have a conflict of interest �� t ai { r � �' ,� ''� i i4 . .r' � � 4 `� .. }•�� -+ f-. iL� - ill ;j '� a � - r•� - . •n: i -,e.. •Jfi'. a �+ .Pd ... . +4'+ a.fn , �♦ ..+.. ., ,,:} y 4���a,.. -� .rA.r t.4f� +'. . - 4. `: - .�%.+ 4 = �. - r+ - -�— k rl5 �I �•FwF.� �f � + � ��'G`t "" - '1 �` r'A+iyMYr #Y�r�YA�4. 4. y f.- S }},,�� f � .: a�i'/4 i� #' * i — • y. w,».«.,. !.,.`t,. 2. . : . s Y U � i� ' A EETI f `[G.i_ , 'E I Qr "ATTEMPT FLUENCE -DE ISl�3N EXCEPT k , IF,y'OU measure before participatingr.y -.< 4 should disclose orally the nature of your c.onf�li to the e • ou . y r the vote occurs with' the person responsible for recording the mini. • 'You should complete the form and file it within 15 days afte . + . o the meeting,, who should incorporate the form in the minutes. DISCLOSU OF LOCAL OFFICERIS INTEREST ,hereby disclose that on (a) A measure came or will came before my agency which (check one) inured to my special private gain; or by whom I am retained. inured to the special gain of y a gency : (b) The measure be€'vre m a and the nature of my interest in the measure is as follows; � C��, %, 4 kfyD Date Filed &.,f'L%%"ft�y �" ` N U PROVISIONS OF FLORIDA STATUTES �1I�.31? (1985) FAILURE TO MAKE ANY REQUIREI NOTICE: LND�.R PRO IS a 1 GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWI.N • DISCLOSURE CONSTITUTES GROUND t�rT DEMOTION, REDUCTION I1` I MPEACHMENT REMON'AL OR SUSPENSION FROhri OFFICE OR EMPLOYMENT , Q t h n N' P7PR INI AND, OR A CIVIL PENALTY NOT TO EXCEED 15.004.