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05.16.02City of Sanford Planning and Zoning Commission AGENDA Thursday, May 16, 2002 City Commission Chambers, City Hall, Sanford, Florida Reeularly Scheduled Meeting 7:00 P.M. 1, Hold a Public Hearing to consider a request for a Conditional Use to establish a church on property located at 550 Riverview Avenue in a AG, Agriculture Zoning District. Tax Parcel Number: 22 -1 g- o- AD- 000 -01 H Property O wner: Society of saint Pius X Orlando Fla Inc. Representative: Bruce A. Rhea 2. Hold a Public Hearing to Rezone property located at 1200 W. 25 Street from MR-3, MultMple- Fa ily Residential to RC -1, Restricted ted Corr mer ial. Tax Parcel Number: 36-19-30-254-0400-0010 Property Owners: Reynaldo & Kathleen Sylvester Representative: Reynaldo Sylvester 3. Consider an extension to the Site Plan approval for a proposed expansion to the Airport Lanes Bowing Center located at 190 E. Airport Boulevard. Tax Parcel Numbers: 01-20-30-512-0000-028A, 1 -2 -- 1 2 -oo -3 01-20-30-512-000- 0300, 01-20-30-512-0000-027C 01-20-30-512-0000-027B Property Owner: Airport Lanes, LLC Representative: Jack Reynolds - American Civil Engineering Company 4. Consider the Site Plan for the Seminole County Criminal Justice Center located at 101 Bush Boulevard- Tax Parcel Number: 14-20-30-300-0130-0000 Property owner: Seminole BCC Representatives: Jamie Crotearu - Seminole County; Hugh Hauling, P.E. - Harling Look lin & Assoc. 5. Minutes 6. Any other business from floor or Commission Members 7. Reports from staff. ADVICE TO THE PLYING. 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 personnel office ADA Coordinator at 0-5626, 48 hrs in advance of the meeting. Page 1 of I MINUTES PLANNING AND ZONING COMMISSION MEETING of MAY 16 2002 CITY HALL, SANFORD, FLORIDA A 7:00 P.IIII. MEMBERS PRESENT: T: Michael skat Foss Robert Gary Lowell Andy Kut Ram! Yosefian Carol Dennison Otto Garrett MEMBERS ABSENT: Bobby VonHerbulis -- excused Kevin H i p es -, excused OTHERS PRESENT: Fussell Gibson, Land Development Manager Nick Balevich, Planner Mary Muse, Recording secretary Mr. slat called the meeting to order at 7:00 P.M. The first item was to hold a Public Hearing to consider a request for a Conditional Use to establish a church on property located at 550 Riverview Avenue in an AG, Agriculture Zoning District. Brine Rhea was present. He stated that it is a -acre parcel with the building being approximately 5.,000 sq. ft. The church will hold about Zoo people with approximately 100 regular attendees and it will be a traditional catholic Church. on Tuesday, they mat with the neighbors and city staff' regarding the project and one main concern was the water drainage. They will improve the water in the area by running utility limes, installing a fire hydrant, and improving the grater pressure. They own the property and have most of the funds available to build and once construction is started, they will complete construction quickly. They will try to have a stop sign installed to slow down the traffic. The traffic flow into the Church will be one hour before mass begins and they have one Saturday night mass and one Sunday mass. Mr. Garrett asked about the future school. Mr. Rhea stated that it would be a private school for grades 1 through 8. currently, most of the children are home schooled. PLANNING AND ZONING COMMISSION MINUTES — MEETING of MAY 1 , 2002 PAGE 2 Mr. Gibson stated that the future school is not an issue tonight, only the establishment of the church. If and when the school is, established, it will have to comeback as a conditional use. 1r. Yoseflan stated that he would be abstaining from voting due to him owning adjacent pro perty. He asked horn many feet the property was from the Fiverwalk corridor. 1r. Gibson stated that it is more than 1500 ft. from it and the distance is measured from the building, not the property line. The required parking and traffic circulation areas would have to be paged and the access road to the property is currently paved. Mr. Robert stated that a big concern of the residents is the storrnwater drainage and the way the site sits now that during rain, the water will flow from railroad right -of -way across this property and onto property to the east. He asked if the retention pond would have a wet or dry bottom. He stated also that when he walked the site he noticed that part of the drainage problem conies from the ditches not being maintained and he is meeting with someone from the county to show them the problem. Mr. Gibson stated that he would also like to Tweet with him and the county. A wet detention pond would be placed at the northwest corner of property and the size will be determined later after being reviewed and it will exceed the city requirements per the Engineer. The church site's grater would discharge towards the county property and it would be engineered in such a manner to not create a negative to the area. The higher standards could be placed as stipulation on the conditional use so when site plan is submitted it would be included with the boards recommendation. Danny Lee was present to speak in opposition. The main concern is the drainage problem. Another concern is the traffic because people cut through the area from the lakefront to 46. If a -way stop sign was installed it might cut the speeding down. He is not in favor of the school because it may grow in size in the future. Comparing a church to houses being constructed on the property, he would go along with the church as long as the water drainage is resolved. He submitted several pictures showing water drainage problems. Mr. Skat suggested the possibility of installing some type of go- around. Mr. Gibson stated that the City Engineer has been asked to investigate different traffic Issues. Betty Ales was present to speak In opposition. she presented several maps showing the elevation from 46 to the river, Riverview Avenue and the ditches. She stated that she was concerned about the drainage. PLANNING AND ZONING COMMISSION MINUTES — MEETING of MAY M 2002 PAGE 3 Nor. Kutz stated that he has heard a lot about drainage in this area and someone needs to take the lead and would like to see the City Commission have it fined. Mr. Skat stated that the City and County need to resolve the problem by engineering the property to correct some of the problems. Mr. Kutz made a motion to approve the conditional use per staffs recommendations plus an additional stipulation that the applicant participant in a prorated portion of the engineering design if and when the city or county follows that design. Ms. Dennison seconded for discussion. Mr. Kutz stated it would just be the cost of the study /design. Mr. Robert questioned leaving the county in. Mr. Gibson stated that he spoke with Bob Walter at Seminole County and he is aware of the condition and will work with the city to evaluate the problem. 1r. Kutz restated his motion to approve with the addition that if and when engineering design perceives they agree to participate in the cost of the engineering design. Mr. Gibson stated the condition could be deferred at time of site plan review because the study may hold them up. Motion died. Mr. Kutz for, Mr. Yoefian abstained, all others against. Mr. Robert made a motion to approve the conditional use subject to complete adherence to the Land Development Regulations and per staffs recommendations. Mr. Lowell seconded and questioned the issue about the size of the retention pond. Mr. Gibson stated that it is the understanding that this project will exceed the minimum requirements. Mr. Yosefian abstained, all others in favor. Motion carried. The next Item was to hold a Public Hearing to Rezone one property located at 1200 W. 2 th Street from MR-3, Multiple - Family Residential to a -'1, Restricted tricted Com ercial. Frey Sylvester, owner of property, was present. He stated that there is currently a residential home on the property, which is fronted by 46A and sided by Hartwell Avenue and Marshall Avenue. They plan to open a small retail shop. Mr. Gibson stated that per staffs recommendations, the owner would be required to make improvements to the site with site plan approval and the building would have to comply with code requirements when the use is changed from residential to commercial. PLANNING AND ZONING COMMISSION MINUTES — MEETING OF MAY 16 2002 PAGE Ir. Yoseflan made a motion to approve per staffs recommendations. Mr. lout seconded. All in favor. Motion carried. The net item was to consider an extension to the Site Plan approval for a proposed expansion to the Airport Lanes Bowling Center located at 10 E. Airport Boulevard. Mack Reynolds was present. They are asking to reinstate the previous a proved site plan because the expansion was placed on hold after the September 11 t situation. There is a concern about a new requirement they are being asked to do. Linder item number 5, they are being required to provide a cross access easement for future access to adjoining properties. When this site plan went through the first time, the city was asking for access on the east side only. They are not sure why the city wants a cross access on the west side because it would only help the restaurant which already has access on 17-92. Airport Blvd. is a County road and they do not see the county granting a driveway next to an existing driveway. They feel that they are being penalized if asked to put it in. Mr. Gibson stated that the stipulation was added due to when considering the project earlier, the city had focused on the fire station site. The city would like to have one driveway tying the restaurant, -11, and the bowling alley together and aligning it with Kmart across the street. When the original restaurant's (Quincy) drive lane was poured, it was not connected to Airport Boulevard and the traffic would cut through the bowling alley's property. Mr. Reynolds stated that the owner wants to keep the driveways as they are. If the restaurant wants access, they need to come to the property owner and work out a deal. Mr. Gibson stated that based on plans with the restaurant tying into -1 1's drive, they might not need to implement the cross access. Truck circulation is critical and the westerly driveway is needed for the bowling alley. Mr. Lowell made a motion to approve per staffs recommendation including the easement provision on west side of the property. Motion died due to lack of a second. Mr. Yoseflan made a motion to approve per staff's recommendations with the exclusion of item five (cross access easement). Mr. Robert seconded. Mr. Gibson stated that if item five were eliminated, it would discontinue future access to the east. The city would like to secure that right for the fire station to have shared access on the east side. PLANNING AND ZONING COMMISSION MINUTES — MEETING of MAY 1 , 2002 PAGE Mr. Yoseflan amended his motion to approve per staff s recommendations and also require a cross access easement for future access to the adjoining property to the east. Mr. Robert seconded amended motion. All in favor. Motion carried. The next item was to consider the site Plan for the Seminole County Criminal ,Justice Center located at 101 Bush Boulevard. Hugh Harling was present. He stated that the signage and landscaping design has not been completed yet and once it is dome it will be brought back to the city. communication line will be installed between the jail and courthouse. The fenced -in area will be secured by Deputies at all times and all trucks will be checked before entering the secured area. Prying along the front of the building is reserved for county staff only. All buildings currently on the property will be torn down. A cafeteria will be available on the property. Mr. Robert moved to approve per staff's recommendations. Ms. Dennison seconded. All in favor. Motion carried. Ms. Dennison made a motion to approve the Minutes as submitted. Mr. Garrett seconded. All in favor. Motion carried. The board agreed to have the drainage issue as discussed earlier reviewed and requested a letter addressed to City commission be drafted and reviewed by the board before being sent. Mr. Robert informed staff that his meeting with Seminole county would be on Wednesday at 1:30 at the end of Burton Lane. Mr. Lowell Informed the board that the I iverwal k design drawings were submitted at the Waterfront Master Plan .Steering Committee meeting. Mr. Gibson submitted a Riverwalk Project update to the board members. Mr. Gibson informed the board that staff has only had preliminary meetings for the proposed Eckerds project at 1 -2 and First Street. The City will be requiring numerous things from the developer of this property. Alleys will need to be vacated, there will be a waiver submitted for the drive thru, and the city is obtaining a right -of -way for a sign. There being no further business, the meeting adjourned at 9:25 P.M. Michaef R. Skat, Chairman FORM 8B MEMORANDUM OF COUNTY, MUNIC[PAL AND'OTHER SAT hllr "I�t1' AlA711]1L. NA I ADDRES i CITY rA DATE V1'HICH V OCCURRED �20 0 o l--.o WHO MUST FILE FORM 8B This form is for use by and. person serving at the county city, or other Iocal level o f governm ent on are appointed o s elected board, council commission, authority, or mmittee. h applies equally to members of advisory and non- advisory bodies who are presented with a voting conflict of interest under Sectimi 112.3143, Florida Statutes. The re quirements of this law are mandatory; althou the use of this particular form is not required by lain, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure to which you have a c onflict of interest will Crary 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 rnperse side and filing the form. INST U=O S FOR COMPLIANCE PLIANCE WITH SECTION 112.3443, FLORIDA STATUTES ELECTED OFFICERS: Y A,pe r so y n holdincy- elective count , municipal, car other local public office MUST ABSTAIN from voting on a mea. ure which inures � �. i prohibited from knowingly tin on a measure which inures to the special x to � speci private gain. each .local officer also �s F g ' g i gain of a principal (other than a government agency ) by whom he is retained. � l In either case, you shouid disclose the conflict: 1 a PRIOR TO THE VOTE BEING TA E I' by publicl stating to t he assembly t he nature of Four interest in the measure on which you are abstaining from voting; are 'IT I I 15 OAFS AFTER THE VO OCCURS by complcting and filing this form with the person responsibie for recording the minutes of the rneering, who should incorporate the form in the minutes. APPOINTED T OFFICERS: S: person holding appoind a unty,' municipal, or other local public office MUST ABST from otir�g - measure which_ inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which. inur s the special gain of a principal (other than a government a g en cy) by 'hom be is retained. A person holding an appointive local of five otherwise `May participate in a matter in which he' has a bnfiici f interest, but. disclose the nature of the conflict before making any att�rftpi to infliic'nce the decision by - orator mrriTien corrirr a i - c do ,.'whither made by the officer or at ..ors direcuon. IF Y OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE "I"l✓I - DECISION. PRIOR70 THE MEETING T WHICH T14E VOTE W IL L B E TAK EN: iou S sh uid 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 cop) of the form sh ould be Provided irr mediaLeIN' io the ot her members o Lhm, agency. 1 k ,o, - &4 rnuN'r% VOTING CONFLIC;I roil COCA! PUBLIC OFFICERS 7 . NAP f l - 80ARU. COUNCIL. CO MMISSION. AUTHORITI, OR CO MMITTEL F E 00A R D. OU N C IL.W(.1MMlShItIN.' AU i "UNU 1, UK LUMMI I i Lt C) r% WHICH I SERVL IS A UNI1 O -: Wl'rY COUNTY OTHER LOCAL A GENCY NAML OF P L1T1 '++► 'UBDIV1S#ON: C it C M V P S11 iQN is: , PPOI NTi E 4_; ELEC7 , , The form. should be read publiCk at ihez meeling prior to consideration of the mattes in wbich you have a conflict of interesr,. IF YOU MAKE NO ATTEM PT TO INFLUENCE THE DECISION) EXCEPT BY D AT THE MEETING: . %'u should disclose c�rli the natu f BUT ct1leL in the measure bef aftfip� u should complete the f and file it w ithi n IS days aft the vote occurs with t he person r e s pon s ible for recording the minute o f the meefin , who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST C, x hereby d i 'sc i o se th o n ' ' l come before my agency which (check one) a) measure came or w inured to my special privaic gain; or by whoa I am retained. inured to the special gala of b he measure before my agency and the nature of my int to th mcasure its f ; 7 1 — _ P// - 5 7 (9 � Z4 � 'Oe �� 0 ___ X , C C, (4P j Date F iled signature � Tl`1T�. � 1.31'7 �1� A ��r' T IfAI�]!. Al REL� 1��_ N U PR�lS1IS Ir FLI ST`A � � , � T �'Ll"�I DISCL C G ROUNDS FOR AND MA BE PUNISHED ONE R MORE t +` O FFICE R. EMPL YMEt T, DE1 TIO , REDUCTION I IMPS. C� MENT, REMOVAL R SUSP'... F It, A A L A '� � 5 P N A L l � NOT T EXCEL ,� .