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02.20.03City of Sanford PLANNING &ZONING COMMISSION Thursday - February 20, 2003 City Commission Chambers, 1S Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Approval of Minutes Regular Meeting Agenda - 7:00 PAN February 5, 2003 Regular Meeting Minutes Consent Agenda 1. Approve the Final Plat for Celery Lakes, Phase 1, a 140 lot subdivision located at 2151 Cele Avenue. Development Plans Consider the Site Plan for Lot 8, Sanford Central Park, Phase 1, a proposed 10,000 square foot warehouse located at 3800 St Johns Parkwa . Tax Parcel Number: 28- 19- 30 -5NR -0000 -0080 Property Owner: Sanford Central Park, Ltd. Representative: Jack Reynolds - American Civil Engineering 2. Consider the Site Plan for Flightline Hobbies, a 4,900 sq. ft. retail store located at 2884 Orlando Drive. Tax Parcel Number: 01 -20-30-512-0000-0510 Property Owner: Carol A. Smith Representative: Jack Reynolds - American Civil Engineering 3. Consider the Site Plan for the White Cedar Inn (Volkema PD), a restaurant at 100 S. Tax Parcel Number: 28- 19 -30- 501 - 0000 -0040 Property Owners: Charles and Dawn Volkema Representative: Jack Reynolds - American Civil Engineering Public Hearings 1. Hold a Public Hearing to consider a conditional use request for outdoor Storage for Pebble Junction located at 702 French Avenue. TABLED ON DECEMBER 19, 2002 Tax Parcel Number: 25- 19- 30- 300 -023A -0000 Property owner: Kevan Busik - Pebble Junction Representative: Erik Whynot - Killgore, Pearlman, Stamp and Squires, P.A. 2. Hold a Public Hearing to consider a conditional use request for an Urban Infill Redevelopment Project to allow a change of use from residential to commercial for a non - conforming property at 705 W. 1st Street. Tax Parcel Number: 25- 19- 30 -5AG -0310 -0030 Property Owner: Robin Parkhouse Representative: William E. Burkett, P.E. - Burkett Engineering 3. Hold a Public Hearing to review and recommend to the City Commission the Interlocal Agreement for Public School Facility Planning. Representative: Antonia Gerli, Senior Planner - City of Sanford 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 285.0105) 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. White Cedar Road. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF FEBRUARY 20, 2003 7:00P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Mike Skat Andy Kutz Bobby VonHerbulis Otto Garrett Eddie Green Richard Huber MEMBERS ABSENT: Gary Lowell, excused Rami Yosefian, excused Carol Dennison, excused Rob Carraway OTHERS PRESENT: Russ Gibson, Land Development Manager Antonia Gerli, Senior Planner Lonnie Groot, City Attorney Nick Balevich, Planner Mary Muse, Recording Secretary Mr. Robert called the meeting to order at 7:03 P.M. MINUTES. Mr. VonHerbulis moved to approve the Minutes of the February 6, 2003 Regular Meeting. Mr. Volk seconded. All in favor. Motion carried. CONSENT AGENDA. Approve the Final Plat for Celery Lakes, Phase I, a 140 -lot subdivision located at 2151 Celery Avenue. Representative Steve Rosser was present. Mr. Rosser stated that the lots would be graded to meet the requirements. The side yard areas will have swales, which will allow the water to flow to the roadway or to the pond at the rear. There are four platted phases, which Phase 1 contains 140 PLANNING & ZONING COMMISSION MINUTES — MEETING OF FEBRUARY 20, 2003 PAGE 2 residential lots, Phase 1A contains 25 residential lots, Phase 2 contains 109 residential lots, and Phase 2A contains 25 residential lots. Mr. VonHerbulis stated that the board has been requiring the air conditioning units to be staggered in the side yards so they do not create a drainage problem. Mr. Rosser stated that he did not have a problem with staggering the air conditioning units. Mr. Gibson stated that staff would execute a development order, which will be recorded, to address that concern. Seminole County has reviewed the entire project and they do not have a problem with it. Mr. Green asked if there was a traffic concern for the Celery Avenue and Brisson Avenue areas. Mr. Gibson stated that a traffic study was submitted at the time of preliminary review and it was determined that this project would not cause any traffic problems. Mr. Skat moved to approve per staff s recommendation. Mr. Volk seconded. During discussion regarding the staggering of the air conditioning units, Mr. Groot stated that the plat meets all the technical codes so the board needs to approve the final plat and if the developer agrees to amend the development order for the air conditioning units, the board can require that to be done. Mr. Skat amended his motion to require the air conditioning units to be staggered ten feet for all phases. Mr. Volk seconded the amended motion. All in favor. Amended motion carried. DEVELOPMENT PLANS. Consider the Site Plan for Lot 8, Sanford Central Park, Phase I, a proposed 10,000 square foot warehouse located at 3804 St Johns Parkway, Representative Jack Reynolds was present. Mr. Reynolds stated that there will be no wall pack lights on building. Property Owner Tom Ball was present and stated that the type of lighting has not been determined at this time, but he likes wall pack lighting. Mr. Kutz moved to approve per staff s recommendations. Mr. VonHerbulis seconded. Motion carried. All in favor. Consider the Site Plan for Flightline Hobbies, a 4,900 square foot retail store located at 2884 Orlando Drive, Representative Jack Reynolds was present. He stated that the building is located close to 17 -92 with the parking at the rear of the building. There will be an outside dirt track to run remote control cars on and there will be racing events on the weekends. During the events, there will be overflow parking on the grass area. The property to the north will be developed as retail and they will be looking at using their lot for overflow parking. PLANNING & ZONING COMMISSION MINUTES — MEETING OF FEBRUARY 20, 2003 PAGE 3 Mr. VonHerbulis moved to approve per staff s recommendations. Mr. Volk seconded. All in favor. Motion carried. Consider the Site Plan for the White Cedar Inn (Volkema PD), a restaurant at 100 S. White Cedar Road. Representatives Jack Reynolds and Charles Volkema were present. Mr. Reynolds stated that this is a very small site with multiple buildings located on it, which will be removed except for the main structure. The main structure will be used for a "walk in" sub shop. They are asking for a waiver of the sidewalk on SR 46 due to a large drainage ditch along the front of the property. If they are required to install the sidewalk along SR 46, it would be very expensive to pipe and fill the ditch. Mr. VonHerbulis stated that the sidewalk could be moved onto the property and have a ten foot sidewalk easement granted. Mr. Reynolds stated that the sidewalk easement would be okay. There will be gravel parking at the rear and they are in the process of asking the county to allow a small septic tank to be installed instead of a small private lift station. There will be a five -foot retention swale located between White Cedar Road and the paved driving isle. There will be a wood stockade fence along the west property line. Mr. Volkema stated that there will be an uncovered deck along the side of the building. Due to it not being covered and not for permanent seating, the deck was not included in the parking calculations. He is anticipating his business coming from walkovers and delivery to the Northstar Business Park. Mr. Gibson stated that they recognized the challenges on the property at the beginning. The project does conform to the approved PD master plan and the site plan is substantially the same. The board can stipulate no parking in the right of ways or have joint access from the adjacent owner. Also, the board can stipulate approval is for a maximum of 36 seats and require the site plan to be revisited after one year or at time of license renewal. Mr. VonHerbulis moved to approve per staff's recommendation and limit proposed development to a maximum of 36 seats (indoors or externally) and a sunset provision triggered by their occupational license on an annual basis. Mr. Kutz seconded. Mr. Groot stated that the sunset needs to be defined. The conditional use development order is not before the board tonight. If the applicant consents to the annual review of the site plan, a separate development order needs to be executed for the review of the parking issue and come back before the board. Mr. VonHerbulis amended his motion to execute a development order to review the parking and seating at time of occupational license renewal. Mr. Kutz seconded amended motion. All in favor. Amended motion carried. Chairman called a 3- minute break at 8:26 P.M. PLANNING & ZONING COMMISSION MINUTES -- MEETING OF FEBRUARY 20, 2003 PAGE 4 PUBLIC HEARINGS. Upon return from the break, the Chairman asked the board if they would be opposed to moving the Pebble Junction Public Hearing behind the 705 W. l St Street Urban Infill Redevelopment Public Hearing. The board unanimously agreed to move the Public Hearings. Hold a Public Hearing to consider a conditional use request for an Urban Infill Redevelopment Project to allow a change of use from residential to commercial for a non- conforming property located at 705 W. 1st Street. Representative Robin Parkhouse was present. He stated that the request is the same as the property located at 715 W. I st Street, which is changing from residential to office use. There will be five parking spaces at the rear of the building, which will be accessed from the alley and three along the side of the building in the driveway. The existing garage will be removed after completion of the project and that area will then be used for parking. He does not have a problem with staff s stipulation regarding professional office use only, constructing the six -foot fence, or a development order being required. The board had concerns about the site plan being presented in regards to it not meeting the codes. Mr. Gibson stated that the exhibit provided is not being considered; only the conditional use is. Staff concurs that parking should be moved to the west. The site plan exhibit is only being presented to show the improvement levels (safety, functional, and aesthetics). Mr. VonHerbulis stated that he is concerned about the parking in the driveway creating a problem with someone having to back out onto 1 St Street if they pull into the driveway and there is a car already parked there. Mr. Volk stated that he was concerned about parking on both sides of the building and creating a problem for emergency vehicle access. Mr. Gibson stated that a development plan will be reviewed by all departments to ensure all issues are addressed. Mr. Skat moved to approve per staff s recommendations. Mr. VonHerbulis seconded. During discussion, Mr. Skat suggested that the Chairman review the site plan with Staff during the approval process. All in favor. Motion carried. Hold a Public Hearing to consider a conditional use request for outdoor Storage for Pebble Junction located at 702 French Avenue. TABLED ON DECEMBER 19, 2002. Due to this Public Hearing being tabled at the December 19 meeting, Mr. Skat moved to remove from the table. Mr. Kutz seconded. All in favor. Motion carried. Representative Erik Whynot, attorney for Pebble Junction, was present. Mr. Whynot distributed to the board copies of numerous comprehensive plan sections from which he would be addressing in his PLANNING & ZONING COMMISSION MINUTES — MEETING OF FEBRUARY 20, 2003 PAGE 5 presentation. He stated that the property they are requesting the outdoor storage on is totally separate from Pebble Junction's property located at 702 French Avenue. Based on section 3.4A of Schedule J that Staff is basing their recommendation for denial provides for side and rear yard buffer setbacks. Due to this property being totally separate, the property line in question which is along 8 th Street should only have a buffer setback of ten feet, not seventy -five; therefore section 3.4B of Schedule J should be applied for the property line in question along with the visual screening. Under Policy 1- 3.2.4 it states that the land development regulations shall be enforced in a manner consistent with the Future Land Use Map and the abutting property in question is not residential. There is not anything in the city's language regulation or in the comprehensive plan which designates any setback or buffer requirement between industrial use and public/semi-public use which is the current situation being reviewed. The only schedule in the land development regulation that can be interpreted to require a setback is Schedule J. The legal access to the property is off of 8 th Street. Mr. Gibson informed the board that approximately 80 % of the block are located off of Pebble Junction's property and are on the right of way and CSX property. Also, vacant properties within the City are generally not issued addresses so the property was referenced as Pebble Junction's address. Mr. Whynot stated that Pebble Junction has submitted a proposed site plan and they will move the blocks onto their property as requested by Planning &Zoning Commission. The block that is on the property is stacked approximately 3 1/2 feet high and they propose to install asix- (6) foot chain link fence. The owner did not realize it was a problem storing the block on the property until he was informed he could not do it and once he was informed he was in violation, he proceeded to obtain approval. The storage is temporary and they feel that the existing vegetation that is located along the right -of -way area is adequate for the required buffer. This is dead storage and there is no less intense use that could be used on this property than this. There is no noise impact, no traffic impact (only to haul away) and no daily activity for traffic. After this approval a site plan would be required for the storage of these blocks. Mr. Groot advised the board if they approved the request, they would need to include all stipulations, but if they denied the request per staff s recommendation because the proposal is not compatible no stipulations are needed. The board is not focusing on a site plan, only on a conditional use so the board needs to consider the criteria for the conditional use request. If the board considered and approved a temporary use for the conditional use they would be finding it to be compatible and therefore it could be a deciding factor that the use is established when permanent approval is requested. Joe Sebelle, owner of Pebble Junction, stated that there is only bin blocks being stored on this property. DOT asked them to move them from the bridge area so they brought them to this property until they expand their business at a different location. Possibly one to two years down the road all the block would be removed and they will not be bringing any more onto the property. Mr. Gibson stated that the required buffer is to be located on site, but the existing plantings on site would be taken into consideration. The primary restriction for restricted industrial uses is indoor activities. To help try to resolve this with the applicant only wanting a temporary area, Mr. Gibson PLANNING & ZONING COMMISSION MINUTES — MEETING OF FEBRUARY 20, 2003 PAGE 6 suggested to the board to endorse approval and set a certain amount of time to phase out the violation to eliminate from site. Mr. Skat moved to approve the request with the contingencies that Planning & zoning review site plan, establish a development order that will dictate hours of operation, height, buffers, duration (looking at 36 months) and give staff latitude in any other considerations they feel appropriate, and staff work with applicant regarding the vegetation area. Mr. VonHerbulis seconded with discussion. He stated that the 10 -foot buffer should be along 8 th Street section and the 75 -foot buffer along he West Side and the g time should be limited to a shorter time. After discussion, Mr. Skat amended the motion to require a site plan to be submitted within 60 days. Mr. VonHerbulis seconded amended motion. All in favor. Amended motion carried. Chairman called a 5- minute break at 10:20 P.M. Hold a Public Hearing to review and recommend to the City Commission the Interlocal Agreement for Public School Facility Planning, Antonia Gerli, Principal Planner, presented the Interlocal Agreement to the board. She stated that the State passed a law requiring all cities and counties to enter into Interlocal Agreements with the School Boards in their jurisdiction. The purpose of the Agreement is to establish a form of coordination framework for planning, decision making, and for sharing information between the School Board and the Cities. The Cities give information on residential subdivisions and in turn the School Board will give the City numbers of projected school enrollment and school capacities. The State has already reviewed and approved the Agreement and there are monetary penalties for failure to approve it and will withhold funds. The Department of Community Affairs must receive the agreement by May 1st. Y Mr. Skat moved to present the Interlocal Agreement to the City Commission for approval. Mr. Kutz seconded. All in favor. Motion carried. CITIZEN PARTICIPATION. STAFF REPORTS. Mr. Gibson presented a request for a temporary "grand opening" balloon sign for Lowe's. Per the new Schedule K, Planning and Zoning is to consider and authorize temporary signs for a maximum of 14 days. Lowe's is requesting the "grand opening" sign for five days, March 12 through March 15 th . They will be required to obtain a permit from the Building Division. Mr. Garrett moved to approve the request. Mr. Skat seconded. All in favor. Motion carried. PLANNING & ZONING COMMISSION MINUTES — MEETING OF FEBRUARY 20, 2003 PAGE 7 COMMISSION REPORTS, Mr. Robert informed the board that he attended a meeting with Bilal Iftikhar, Commissioner Randy Jones, the engineer for Magnolia Club, Jay Marder, Russ Gibson, and others regarding Magnolia Club's impact on the surrounding homes. The City Commission had asked for an independent engineer to be hired to determine the adequacy of the stormwater. The hired engineer's report indicated that his preliminary findings found the stormwater from the new townhomes would not affect the surrounding homes. Also, for an additional fee he could address other issues in the area regarding stormwater, traffic, schools, and land use compatibility. Mr. Gibson stated that staff is currently assessing the report given by the engineer and there will possibly be another meeting prior to presenting it to the City Commission. Also, the Myrtle Avenue area is still being evaluated. Mr. Robert stated that the board needs to elect a Vice - Chairman. Mr. Skat nominated Andy Kutz to serve as Vice Chairman. Mr. Huber seconded. All in favor. Motion carried. Mr. Volk asked if the Riverwalk project was on schedule. Mr. Gibson stated that he understood it to be on schedule. ADJOURNMENT. There being no further business, the meeting adjourned at 1 0:55 P.M. Ross Robert, Chairman