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11.07.02City of Sanford PLANNING &ZONING COMMISSION Thursday - November 7, 2002 City Commission Chambers, 1st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda 7:00 PAN Approval of Minutes October 17, 2002 Regular Meeting Minutes Public Headngs 1. Hold a Public Hearing to consider a Conditional Use request to allow on- premises consumption of Beer and Wine (BW -COP) at 112 W. 2n Street . Tax Parcel Number: 25- 19- 30 -5AO- 0304 -0050 Property owner: Rami Yosefian Representative: Sofia Eudave 2. Hold a Public Hearing to rezone 25.87 acres to PD, Plan Development for Magnolia Club, a 114 unit town home community located at 595 Andrews Road Tax Parcel Numbers: 18- 20 -31- 300- 00801AIDIE -0000 Property Owners: Kenneth Burke, Rebecca Burke, Deborah Neukam and Mary Mixon Representatives: Berry J. Walker; John T. Briskey, P.E. - Briskey and Associates 3. Hold a Public Hearing to Review and Recommend to the City Commission amendments to the Sanford Land Development Regulations, Schedule K - Sign Regulations. Develo ment Plans. 1. Consider the Site Plan for a proposed retail shopping center on Lot 2, Deno Dikeou PD located at 1101 Rinehart Road Tax Parcel Number: 32- 19- 30- 300 -009A -0000 Property owner: Deno P. Dikeou Representatives: Irene Boyles and Larry Wray, P.E. - CPH Engineers, Inc Citizen Participation Staff Reports City overview Presentation by Tony VanDerworp, City Manager Letter of support for Sanford's two applications to the Highway Beautification Program 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 407- 330 -5626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF NOVEMBER 7, 2002 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Mike Skat Kevin Hip e s Ross Robert Andy Kutz Gary Lowell Rami Yosefian Brian Volk Carol Dennison Otto Garrett MEMBERS ABSENT: Bobby VonHerbulis, excused OTHERS PRESENT: Jay Marder, Director of Planning & Community Development Russ Gibson, Land Development Manager Nick Balevich, Planner Mary Muse, Recording Secretary Mr. Skat called the meeting to order at 7:00 P.M. MINUTES Mr. Robert moved to approve the Minutes of the October 17, 2002 Regular Meeting. Ms. Dennison seconded. All in favor. Motion carried. Mr. Skat advised those in attendance that the board would be considering Item #1 under Development Plan first. DEVELOPMENT PLANS Consider the Site Plan for a proposed retail shopping center on Lot 2, Deno Dikeou PD located at 1101 Rinehart Road PLANNING & ZONING COMMISISON MINUTES --- MEETING OF NOVEMBER 7, 2002 PAGE 2 Representative Larry Wray was present. He stated that this is the vacant lot east of Sam's Club. They are proposing less than 25,000 square feet of retail use and there will be a bank with a drive through lane. The building is single story with architectural features that gives the appearance of a two -story building. Most of the traffic will be coming from Sam's Club entrance. The parking spaces are 10 x 20 and there is a cross access easement recorded. Mr. Gibson stated that this particular building is consistent with the PD Master Plan. There will be a wider landscape buffer along Rinehart Road. Mr. Kutz moved to approve per staff s recommendations. Mr. Hipes seconded. All in favor. Motion carried. PUBLIC HEARINGS Hold a Public Hearing to consider a Conditional Use request to allow on- premises consumption of Beer and Wine (BW -COP) at 112 W. 2" Street. Mr. Yosefian abstained from voting due to him being the property owner. Representative Sofia Eudave was present. There are six tables in the restaurant and the beer and wine will be served with sit down meals. Mr. Lowell moved to approve per staff's recommendations. Ms. Dennison seconded. All in favor (Mr. Yosefian abstained). Motion carried. Hold a Public Hearing to rezone 25.57 acres to PD, Planned Development, for Magnolia Club, a 114 -unit townhome community located at 595 Andrews Road. Representative Berry Walker was present. He stated that he is the owner of the proposed project and distributed copies showing the elevation of the buildings. The builder will be D R Horton, same as the Magnolia Park Subdivision. There will be single story and two story buildings with two to four bedrooms. He felt that the townhomes would be more in keeping with the area instead of apartments. This will be an upscale townhome community with a masonry wall and landscaping to buffer the adjacent properties. They have a legal access road through Rose Hill Trail, but they will be installing an emergency gated wall along that area and make the entrance off of Lake Mary Blvd. He agrees with staff s recommendations. Mr. Skat disclosed that he met with homeowner's of the Rose Hill Subdivision, Baker's Crossing Subdivision, Laverne Cox, and the Mayor. PLANNING & ZONING COMMISISON MINUTES — MEETING OF NOVEMBER 7, 2002 PAGE 3 Present to speak in opposition: Judy Long, 154 Rose Hill Trail. She stated that this is incompatible with the area. Visual screening, landscaping, trees, etc. do not hide townhomes. She received an Email from Jerry Mathews, Seminole County, that stated the intersection at E. Lake Mary Blvd. and S. Sanford Avenue is dangerous and questioned what is going to happen if 2 %2 vehicles per unit are added to this area along with anticipated growth of the area and visitors to the area via the Airport. The stormwater runoff creates problems now; there is water standing along the fences and in backyards. Homeowners in the Baker's Crossing subdivision are having to buy flood insurance. In the Magnolia Park subdivision, the lots are 4 to 6 feet higher. According to the Myrtle Street study, it will cost 20 million dollars to improve the stormwater issues in the area. Mr. Skat informed the board that the study Ms. Long is referring to is the paper he distributed earlier. Laverne Cox, 145 Rose Hill Trail or 2950 Bove Trail Run. She stated that she has two addresses due to the Rose Hill Subdivision. When Rose Hill was developed, her property was high and dry, but when Baker's Crossing was developed they filled in the creek that was 17 ft deep. When Magnolia Park was considered, she did not fight it because she understood it to be Phase 4 of Baker's Crossing. The retention ponds have broken and have caused flooding problems. The proposed townhomes will surround the east half and north half of property, Rose Hill is on one side and Baker's Crossing is on the other side. Her main concern is the flooding and has had to bring in fill dirt for the first time. Julie Taylor, 215 Fresian Way, Baker's Crossing. She submitted pictures to enter into evidence that were taken today along with a copy of her survey. At the northeast corner of her lot, from April 25th to present, her property is still wet. They have protested D R Horton because of the drainage issues. With 5 ft side yard setbacks and having A/C units on the side, there is a 2 ft stream that runs along the side of her home. They have had to replace the landscape twice so far. She would like to have the problems fixed in Baker's Crossing before building the townhomes. Her rear property line is 4 %2 ft. higher than her house and the lot (lot 97) behind her is 4 /z fl. higher than her rear property line and the lot across the street from lot 97 is 4 %2 ft. higher than that, causing the water to flow her way. They need to address and correct the issues of current projects and have a soil study done before this new project is approved. There are 40 occupied homes in Baker's Crossing, with 12 homes presently having water issues. Mr. Skat informed Ms. Taylor that Berry Walker did not develop Baker's Crossing; he is the attorney who represented Mike Murray, the developer. The City Engineers have been out to Baker's Crossing for the past 2 months trying to get it corrected. PLANNING & ZONING C OMMI S I S ON MINUTES — MEETING OF NOVEMBER 7, 2002 PAGE 4 Tyrone Herndon, 206 Fresian Way. Mr. Skat read his written comment into record. He has problems with flooding when it rains. Michelle Inglis, 212 Fresian Way. She submitted a copy of her survey (lot 74). They are. one of the first five homeowners in the subdivision. They are not able to use the yard due to water seeping from the ground and running down the road. Her home is the lowest point of her property. She would like to see them fix the problem before building anything else. Michael Gaudio, 180 Rose Hill Trail. Mr. Skat read his written comment into record. He is concerned about increased traffic and water /flooding issues. Claudia Randall, 182 Rose Hill Trail. Mr. Skat read her written comment into record. She is concerned about the possibility of this rezone changing the atmosphere of where she lives, an increase in traffic, noise, water issues, and does not want a decrease in her property value. William Hope, 218 Belgian Way. Mr. Skat read his written comment into record. He is concerned about the water problems and would like to see the problems addressed. David Vazquez, 232 Fresian Way (lot 84). He stated that he is concerned with flooding and water run -off. Mr. Walker came forward to address the comments and concerns presented. He stated that he is not the developer of Baker's Crossing so he is not aware of the flooding problems. FEMA maps are being revised now due to removing the lots from the flood areas so Insurance Companies will not require flood insurance. He is currently in litigation with the site contractor and now has a new site developer who is trying to fix the problem. Magnolia Park to his knowledge is not causing any problems to the Rose Hill or Baker's Crossing Subdivisions. The under - drains are being replaced if they are damaged and installed if missing and hopefully this will fix the drainage problem. If Magnolia Park and Magnolia Club are developed properly, there should not be any problems imposed on Baker's Crossing or Rose Hill. In regards to the traffic issue, he will provide a traffic study. Mr. Gibson informed the board that they are considering a rezone at this time. It is consistent with the land use of the property and staff acknowledges the concerns and accordingly the issues will be addressed during the preliminary subdivision approval process. If the rezone is approved tonight, before the preliminary subdivision plan is started, a meeting would be coordinated with the developer and the residents. Mr. Kutz asked if a performance bond would be required. Mr. Gibson advised him that the,city does require the engineer to submit a letter stating the plan is built according to approvals and a bond is required. Mr. Kutz stated that people make mistakes so there needs to be a mechanism to PLANNING & ZONING C GMMI S I S GN MINUTES — MEETING OF NOVEMBER 7, 2002 PAGE 5 correct the problems. He suggested that the City hire an engineering firm to analyze the situation and come up with a solution. Mr. Marder stated that the city does have a system where a project is checked before being accepted by the city. The city has not accepted Baker's Crossing yet and have put stop orders on CO's (certificate of occupancy) for Baker's Crossing. The complaints that are being heard are not for the overall project, they are spot problems. Mr. Skat stated that he would like to see a traffic study before he approves this rezone request. Mr. Robert moved to approve the rezone with staff recommendations and including: 1 )any development on land considered environmentally sensitive or on wetlands should be mitigated as required by any state and all local jurisdictional requirements and that the development of the site comply with development order that's included herein and that before they go on, 2)that there's a preliminary subdivision plan and subdivision improvement plans that they're submitted and get approved by the DRT, 3 }the Development Review Team and constructed as approved by city prior to any use or development of the site, 4)a final plat to be recorded, 5 }no certificate of occupancies granted prior to that, 6)traffic study acceptable by city engineers prior to certificate of occupancies being issued, 7 }developer meet with concerned people, especially Ms. Cox, and try to find way to keep water from migrating onto her property, S }meet with people on east side of Rose Hill Trail to see if there is something more acceptable than the dirt berm, 9)maintenance bond required for 2 years to meet the city's requirements in this subdivision, and 10 }approval from St. Johns Water Management be obtained prior to any work being done. Ms. Dennison seconded. During discussion, Mr. Hipes stated that he is concerned about the water problems at Baker's Crossing and would like to have this case tabled. Mr. Skat stated that he agreed with more time so he could read the County's Impact Study and also would like to have a traffic study. Mr. Lowell stated that he has the same concerns as Mr. Skat. Mr. Volk stated he has the same concerns as Mr. Hipes. Mr. Robert moved to amend the motion to include having staff, when they prepare the recommendation to the City Commission, to consider Mr. Kutz's suggestion about having an independent engineering firm to study the problem. Ms. Dennison seconded amended motion. Motion failed with a vote six to three. (For: Mr. Robert, Ms. Dennison, Mr. YosefianlAgainst: Mr. Hipes, Mr. Kutz, Mr. Lowell, Mr. Skat, Mr. Volk, Mr. Garrett) Mr. Hipes moved to make a motion to not recommend approval due to water and traffic issues need to be addressed first. Mr. Lowell seconded. Motion carried with a vote seven to two. (For: Mr. Hipes, Mr. Kutz, Mr. Lowell, Mr. Skat, Mr. Volk, Mr. Yosefian, Mr. Garrett /Against: Mr. Robert, Ms. Dennison) PLANNING & ZONING C OMMI S I S GN MINUTES — MEETING OF NOVEMBER 7, 2002 PAGE 6 After a short break, Mr. Skat called the meeting back to order at 9:15 P.M. Hold a Public Hearing to Review and Recommend to the City Commission amendments to the Sanford Land Development Regulations, Schedule K — Sigmama Regulations. Ms. Gerli stated that she made changes as discussed at the previous meeting. On page K16, Attached Signs, she included two options -- single occupant buildings and multi- tenant buildings. Staff suggests going with single occupant wording. She has contacted Lonnie Groot regarding non - conforming signs and he is to propose some language. Mr. Lowell moved to table until Ms. Gerli receives the language for non - conforming signs from the City Attorney. Mr. Kutz seconded. All in favor. Motion carried. CITIZEN PARTICIPATION No Citizen Participation STAFF REPORTS Letter of support for Sanford's two applications to the Highway Beautification Program. Mr. Kutz moved to approve the Chairman's signature on the letter of support. Mr. Lowell seconded. All in favor. Motion carried. There being no further business, meeting adjourned at 9:36 P.M. Michael Skat, Chairman WHO MUST FILE FORM HB This form is for use by any- person serving at the county; city, or other Iocal 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 law when fared 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 please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRU =OILS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES E ELECTED OFFICERS: A person holding. :elective county; 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 V 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 NVITH IN 15 DAB'S AFTER THE VOTE OCCU by completing and filing this form with the person responsible for recording the minutes of the meeting, -%%lho should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county; municipal, ar 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- inurts s-to -the special gain of a principal (other than a government agency) by wh - om he is retained. A person holding an appointive local office othenvise 'may participate in a matter in' which he has a C'dnf3ict of interest, but: must disclose the nature of the conflict before making any atti =nipt to influence the decision bye - oral'or writien corriman-i whether made by the officer or at .,zis direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE' DECISION- RRIOR70 THE MEETING AT WHrCH 'rHE VOTE WILL BE TAKEN: YOU s Id complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agent\ ■ The norm should be read publicly at the meeting prior to consideration of the matte; in w hich you have a conflict of interest. _000000n� FORM 8B MEMORANDUM OF VOTING rOK COUNTY, MUNIC[PAL, AND OTHER LOCAL PUBLIC OFFICERS IN DECISION' EXCEPT BY DISCUSSION AT THE MEETING: • MAKE NO ATTEMPT To INFLUENCE THE D ;,... IF YOU our conflict in the measure before participating. • 1'ou should disclose orally the nature of y recording the minutes shou complete }etc the form and file it within 15 days aft er the vote occurs with the person re5pvns�ble for re g • N ou P meeting who .should incorporate the form in the minutes. of the DISCLOSURE OF LOCAL OFFICER'S INTERES? N�v�emb�� 1, &(Y\ hereby disclose that on (a) A measure came or will come before my agency which (check one) • to my P , special private gain: or inured b whom l am retained. P co P � ouor)e- i 1985. A FAILURE TO MA�:E AN REQUIRE NOTICE: UNDER PROVISION'S OF FLORIDA STATUT =S �II�.3 � } LLOWIN" ` 1` B£ PUNISHED BY ONE OR MDR£ OF THE F 1 CLOSURE CONSTITUTES GROUNDS FOR AND MAY PLO DEMOTION, REDUCTION D5 � T R EMO V A L OR SUSPENSION FROhs OFFICE OR .._.M. LOS , I%MPEACHNI -I E T, REMO` AL • f, � n r-, N!1T P"NA "TY NOT TO EXCE D 5 -5.040. inured to the special gain of The measure before my agency and the feature of my interest in the measure is as follows (b) :