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03.06.03City of Sanford PLANNING &ZONING COMMISSION Thursday -March 6, 2003 City Commission Chambers, 1" Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Approval of Minutes Regular Meeting Agenda - 7:00 P.M. February 20, 2003 Regular Meeting Minutes Consent Agenda Consider the Joint Planning Agreement between the City of Sanford and Seminole County Development Plans 1. Consider the Preliminary Subdivision Plan for the Pemberton Industrial Subdivision, a proposed 18 lot industrial park located at 700 N. White Cedar Road Tax Parcel Numbers: I 6-19-30-5AC-0000-035A and 16 -19 -30 -5AC- 0000 -058A Property Owners: Pemberton, Inc. and Sid Vihlen, Jr. Representative: Tom Briskey, P.E. - Briskey and Associates 2. Consider the Site Plan for St. Thomas More Church, a proposed 5,000 square foot church at 550 Riverview Avenue Tax Parcel Number: 22 -19 -30 -5AD- 0000 -013H Property Owner: Society of St. Pius X Representatives: Bruce Rhea - St. Thomas More Church; Neil Hiler, P.E. - Neil Hiler Engineering Public Hearings 1. Hold a Public Hearing to rezone 8.58 acres to PD, Planned Development for Hudson's Furniture located at 3290 W. 1 st Street Tax Parcel Numbers: 22- 19 -30- 5AD - 0000 -0330, 22- 19 -30- 5AD - 0000 -033A, 22- 19 -30- 5AD - 0000 -033B 22- 19 -30- 5AD - 0000 -0400 Property Owners: Fred C. Hudson, III and Catherine J. Hudson, Trustees Representative: Mitch Collins, P.E. 2. Hold a Public Hearing to consider a Conditional Use request and accompanying Site Plan to facilitate a non- residential Urban Infiil Redevelopment Project for a proposed Eckerd Drug Store at 550 W. 1s Street Tax Parcel Numbers: 25 -19 -30 -5AG- 0208 -0010, 25 -19 -30 -5AG -0208 -0020, 25 -19 -30 -5AG- 0208 -0060 25- 19 -30- 5AG - 0208 -0070, 25- 19 -30- 5AG - 0208 -0090 Property Owners: Stanley B. Rosier, Trustee and Carolyn R. Hall; Rosier LP Representative: Meredith A. Harper, Esq. - Shutts & Bowen, LLP Citizen Participation Staff Reports 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 Human Resources office ADA Coordinator at 407- 330 -5626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF MARCH 5, 2003 7:00P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Mike Skat Andy Kutz Gary Lowell Rami Yosefian Bobby VonHerbulis Carol Dennison Otto Garrett OTHERS PRESENT: Jay Marder, Director of Planning & Community Development Russ Gibson, Land Development Manager Antonia Gerli, Senior Planner Nick Balevich, Planner Mary Muse, Recording Secretary Mr. Kutz called the meeting to order at 7:04 P.M. MINUTES. Mr. VonHerbulis moved to approve the Minutes of the February 20, 2003 Regular Meeting. Mr. Skat seconded. (Mr. Robert not present during the vote) All in favor. Motion carried. CONSENT AGENDA. Consider the Joint Planning Agreement between the City of Sanford and Seminole County. Ms. Gerli stated that the City has had a Joint Planning Agreement with the County since 1991. The County has been reviewing the agreement to bring it up to date. There are two issues that need to be discussed. One being a provision in the agreement stating the city will take over the maintenance of Celery Avenue and the other being the city is not to annex anything south of Pine Way. There are numerous problems with Celery Avenue, such as it having a narrow right -of -way, it floods due to poor drainage, the drainage outlets are privately owned and the county experiences problems with. gaining access to Crean out canals, and it has a poor road surface. The County is currently in the process of having a study done to verify and prioritize problems with Celery Avenue. Antoine Khoury and Matt PLANNING & ZONING COMMISSION MINUTES --- MEETING OF MARCH G, 2003 PAGE 2 West from Seminole County attended the last DRT meeting to discuss the City taking over the road. Staff is seeking direction from this board and from the City Commission to see if taking over Celery Avenue should be included in the Joint Planning Agreement. Matt West, Planning Manager of Seminole County was present to speak. Mr. West stated that Seminole County has continued indefinitely a consideration for a land use amendment to change areas of one and two on the map presented to administratively change to the County's version of low density residential and area two be changed to a mixed use type of development. This was a request that was prompted by former Mayor Dale and current Mayor Lessard having discussions with County Chairman Daryl McLain. By the county administratively changing the land use, it would expedite the annexation and development approval for the City. Areas one and two could be handled separately at a later date as an addendum to the Joint Planning Agreement. The issue regarding Pine Way, the county would be acceptable to allowing one dwelling unit per acre. In determining net density, the county removes all wetland, flood plain, and internal right of ways and large power line easements. Mr. Marder stated that the board could make a recommendation based on the consensus that there is a 3 unit per acre density in area #1, a 10 unit per acre density for multi - family in area #2, and the Celery Avenue maintenance being put into an agreement down the road after the engineering study is completed. Mr. VonHerbulis moved to recommend to City Commission to proceed with the Joint Planning Agreement with there being a 3 unit per acre density in area # 1, a 10 unit per acre density for multi- family in area #2, and the Celery Avenue maintenance to be reviewed after completion of an engineering study. Ms. Dennison seconded. All in favor. Motion carried. DEVELOPMENT PLANS. Consider the Preliminary Subdivision Plan for the Pemberton Industrial Subdivision, a proposed 18-lot industrial park located at 700 N. White Cedar Road, Representative Sid Vihlen, Jr. was present. Mr. Vihlen stated that the City has extended utilities to the area and there is work being done for improvements to White Cedar. The land drains well due to the existing ditches and there will be drainage on site. During annexation, right -of -ways were donated for the water and sewer. This industrial park will be similar to Northstar and Sanford Central Park. Mr. Yosefian moved to approve per staff's recommendation with the removal of item 5b. Mr. VonHerbulis seconded. All in favor. Motion carried. Consider the Site Plan for St. Thomas More Church, a proposed 5,000 square foot church at 550 Riverview Avenue. Representative Bruce Rhea was present. Regarding the opaque fence, Mr. Rhea requested to be allowed to have input from the adjacent property owners on what type of fencing they would like to PLANNING & ZONING COMMISSION MINUTES -- MEETING OF MARCH 6, 2003 PAGE 3 have installed on the property. He stated that he went through the adjacent neighborhood and distributed copies of the proposed site plan. Mr. Gibson stated that the board could give staff the right to approve the fencing per adjacent owners' request. Mr. Skat stated that he did not have a problem giving staff latitude to work with the owner regarding the fence. Mr. Lowell asked where the proposed sign location would be. Mr. Rhea stated that they intended to have one simple sign located at the corner, which would comply with the city's standards. Mr. Lowell moved to approve per staffs recommendation. Mr. Kutz seconded. After discussion regarding the fence issue, Mr. Lowell amended his motion to allow staff to work out the fencing with the adjacent property owners. Mr. Kutz seconded amended motion. All in favor. Amended motion carried. PUBLIC HEARINGS. Hold a Public Hearing to rezone 8.58 acres to PD, Planned Development for Hudson's Furniture located at 3290 W.V Street. Representative Mitch Collins was present. He stated that he is okay with staffs comments. The existing building is currently being used as a furniture showroom, but additional space is needed due to the store has grown. They are taking this opportunity to bring all parcels under one zoning. Mr. Gibson stated that in the manner the property is being zoned, it requires a master plan. The property currently has three different zonings. The proposed expansion will be within the agricultural zoning and a site plan will be approved at a later date. Mr. Lowell asked if a buffer would be required between this property and the proposed high school on the adjacent parcel. Mr. Gibson stated that due to the current configuration of the existing building, a buffer would not be required since there are no openings along the east side of the existing building. Mr. Skat moved to approve per staff's recommendation. Mr. Garrett seconded. All in favor. Motion carried. Hold a Public Hearing to consider a Conditional Use request and accompanying Site Plan to facilitate a non - residential Urban Inf ll Redevelopment Project for a proposed Eckerd Drug Store at 550 W. 1" Street, Representative Meredith Harper with Shutts & Bowen was present along with James Burt. Ms. Harper stated that the property is located at the northeast corner of French Avenue and 1 st Street. Eckerds has offered to dedicate a portion at the southwest corner of the property for the City to install a sign for PLANNING & ZONING COMMISSION MINUTES -- MEETING OF MARCH 6, 2003 PAGE 4 downtown Sanford. Since April 2002, they have been working with staff to address various issues for this project. They are asking for flexibility in number of required parking spaces; seventy -one (7 1) spaces are required, but are providing fifty -three (53) spaces. With the store being open 24 hours and the type of store with people coming and going Eckerds feels the number of parking spaces would be adequate. Also, due to the location, they believe there will be a lot of people walking or riding bicycles. There will be bicycle racks provided which will probably be located at the front of the store in the 12' sidewalk area under the canopy. They are also asking for a relief on landscape buffering requirements. They are asking to use a portion of the right -of -way along Commercial Street to place the dumpster at the rear of the building and also for the truck - loading zone, which is currently grass. They are requesting approval at this time for a grand opening banner to avoid having to come back before the board at that time. They would like to revise staff s comment about the architectural design and ask that the design be approved as the submitted drawings show. Regarding the westerly driveway on Commercial Street being restricted to "right out" only, a traffic study was submitted which justifies it would be okay for full access. Mr. Skat disclosed to the Board that he has had meetings and phone conversations with Meredith Harper. Mr. VonHerbulis disclosed that he also has had meetings with Meredith Harper. Mr. Lowell stated that he is concerned about the character for the gateway site into the city and on this site they project need to ' ect the historic character of the city. There needs to be a zero lot line along Vt Street. Also, the architecture of the building does not reflect a whit towards historic context of the downtown area. Ms. Harper stated that due to the loading area and drive through stacking, they could not place the building anywhere but where it is being shown now. They have looked at other Eckerd stores and submitted different designs to staff, but staff never stated what they really wanted. James Burt stated that the parking is based on the demographics and Eckerds feel fifty -three (53) spaces will be adequate for this location. Mr. Gibson stated that tonight the board is considering the conditional use and the accompanying site plan because it is specifically for Eckerds use; they both go hand in hand. Staff has discussed, reviewed and recognize the issues presented. The staff report was compiled prior to the drawings that were submitted for review. Staff would recommend that the shoebox style of lighting on site be changed to the acorn light fixtures. Staff will continue to work with the developer on the hardscape features and architectural design. On March 1 0 City Commission will be reviewing this project because of right -of -way and easement vacates requests. At this time, staff has not had the opportunity to assess the signage for the site. If this is approved tonight, under item 1, the City Commission will be approving the final site plan. Present to speak in favor of: Sharon Rosier Timbers, 1911 Arbor Way, Mt. Dora, Florida. She stated that there are Bank buildings along 1 st Street in the area that are not at the street, they are set back. PLANNING & ZONING COMMISSION MINUTES -- MEETING OF MARCH 6, 2003 PAGE 5 Stan Rosier, Wilson Road, Sanford, Florida. He stated that there will be a wall for the welcome sign at the corner, which will be hiding the building. Virgil Hurley, 104 -110 S Park Avenue. He stated that he does not have parking for his business and the board needs to take into consideration that this site is not located within the historic district. Regarding the temporary banner sign request, Mr. Gibson stated that the new code allows fourteen (14) days for a temporary grand opening banner with Planning &Zoning Commission approval. The proposed freestanding sign complies with the square footage, but not sure about the verbiage on it. Mr. VonHerbulis moved to approve the conditional use and accompanying site plan per staff s recommendation with the following exceptions: 1) remove item 1 d, which is final site plan including the architectural design of all structures to be reviewed and approved by City Commission; 2) allow a grand open banner for 14 days without coming back before this board; 3 ) developer is to work with staff to redo the lights to the acorn style lights in the parking lot and on the building and eliminate the wall packs; 4) sign on 1 't Street to have Eckerd with brick below it and strike out the drive -thru pharmacy, 1 -hr photo and food mart wording. Mr. Skat seconded. After discussion regarding the restriction on the westerly driveway on Commercial Street, Mr. VonHerbulis amended his motion to also amend item 9 of staff s recommendation to allow full access for the westerly driveway proposed on Commercial Street. Mr. Skat seconded amended motion. Amended Motion carried 7 to 2, with Mr. Lowell and Mr. Kutz in opposition. CITIZEN PARTICIPATION. STAFF REPORTS. Mr. Gibson presented a request for a temporary trailer sign for Miami Subs located at 2508 French Avenue. The business owner is requesting the sign to advertise his new restaurant. Mr. Gibson reported that staff is working with Code Enforcement in regards to illegal trailer signs that are being installed without approval. Mr. Lowell moved to approve the temporary trailer sign for 14 days with the stipulation that the lights located on top of the sign are not activated. Mr. Kutz seconded. Motion carried 8 to 1, with Mr. Skat in opposition. COMMISSION REPORTS. Mr. VonHerbulis reported that there is a flashing red, yellow and green light in the window at the building located on French (200 N French) which is right at the sidewalk. The location of the flashing light makes you think you need to stop. Also at night Gibson Truck World takes every other vehicle that is parked along 17 -92 and turns the hazardous lights on, which causes a distraction. Mr. PLANNING & ZONING COMMISSION MINUTES — MEETING OF MARCH 6, 2003 PAGE 6 VonHerbulis asked if there was anything in the code that controlled the color a building can be repainted. He was advised that there was nothing stipulated in the code regarding paint colors. Mr. Volk requested staff check into low wires/hanging trees that may cause a problem with boats coming from and going to the Marina due to Seminole Blvd being closed and traffic being routed to Third Street. Mr. Volk stated that the new Lowe's store has outside storage in front of the building and thought it was not allowed in front. Mr. Gibson stated he would check it out. ADJOURNMENT. There being no further business, the meeting adjourned at 10:45 P.M. 1 4 C Ross Robert, Chairman