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01.17.02City of Sanford Planning and Zoning Commission AGENDA Thursday, JANUARY 17, 2002 City Commission Chambers, City Hall, Sanford, Florida Regularly Scheduled Meeting 7:00 P.M. Hold a Public hearing to consider a Conditional Use request by JP Pets for property located at 210 -212 Sanford Avenue in a SC -3, Special Commerical Zoning District for wholesale and storage of non - venomous reptiles. TABLED ON JANUARY 3, 2002 Tax Parcel Number: 25- 19- 30 -5AG- 0401 -0110 Property Owners: Frederick Cohen, Trustee and Fayge S. Cohen, Trustee Representative: Steven H. Coover - Hutchison, Mamele & Coover, P.A. 2.A. Hold a Public Hearing to consider a Dimensional Variance request by The Groves at Sanford for property located at 1301 E. Airport Boulevard in a MR -3, Multi - Family Residential Zoning District for an increase in building height from thirty -five (35) feet to thirty -nine (39) feet. Tax Parcel Number: 07- 20 -31- 300 - 0110 -0000 Property Owners: Clayton Investments LTD and CWC Investments LTD Representatives: David Glunt - Madden Engineering; Meredith Harper - Shutts & Bowen 26. Consider the Site Plan for The Groves at Sanford for property located at 1301 E. Airport Boulevard in a MR -3, Multi - Family Residential Zoning District for an increase in building height from thirty -five (35) feet to thirty -nine (39) feet. Tax Parcel Number: 07- 20 -31- 300 - 0110 -0000 Property Owners: Clayton Investments LTD and CWC Investments LTD Representatives: David Glunt - Madden Engineering; Meredith Harper - Shutts & Bowen Consider the Site Plan for CPH Engineers, Inc., proposed construction of a new building, located at 500 W Fulton Street Tax Parcel Numbers: 25- 19 -30- 300 - 0150 -0000, 25- 19 -30- 300 -009A -0000, 25-19-30- 300 -009B- 0000, and 25- 19 -30- 300 -009C -0000 Property Owner: Sanford Fulton Holdings Company Representative: Larry Wray, P.E. - CPH Engineering Consider the Site Plan for M.D. Moody and Sons, a heavy equipment rental, sales and service operation located at 600 Aero Lane Tax Parcel Number: 26- 19- 30 -5AE- 1400 -0000 Property Owner: M.D. Moody and Sons Representative: Bruce Taylor - Hanson, Walter and Associates, Inc. 5. Minutes Any other business from floor or Commission Members Reports from Staff. 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 personnel office ADA Coordinator at 3305626, 48 hrs in advance of the meeting. RIZONING\AGENDA\ 002 \01- 17.02.wpd MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 17, 2002 7:00 PM. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Michael Skat Otto Garrett Carol Dennison Rami Yosefian Bobby VonHerbulis Brian Volk Ross Robert MEMBER ABSENT: Kevin Hipes — excused Andrew Kurz — excused Gary Lowell — excused OTHERS PRESENT: Robert Walter, City Engineer Dave Richards, Assistant City Engineer Russ Gibson, Land Development Manager Nick Balevich, Planner Mary Muse, Recording Secretary Mr. Skat called the meeting to order at 7:00 P.M. Mr. Skat moved to Item 2 -A and 2 -B of the agenda due to the Board receiving a letter from Meredith Harper requesting the Board reschedule The Groves of Sanford project to the February 7` meeting. Ms. Dennison moved to table until the February 7` meeting. Mr. VonHerbulis seconded. All in favor. Motion to table carried. Mr. Skat advised the public that was present for The Groves at Sanford, the Attorney of the developer asked for an extension until February 7. The City will also resend a notice to remind the adjoining owners of the meeting. Back to the first item on the Agenda. Hold a Public Hearing to consider a Conditional Use request by JP Pets for property located at 210 -212 Sanford Avenue in a SC -3, Special Commercial Zoning District for wholesale and storage of non - venomous reptiles. MINUTES PLANNING & ZONING COMMISSION JANUARY 17, 2002 PAGE 2 Steve Coover, Attorney, was present to speak on behalf of his client, Joe Krefetz, owner of JP Pets. He stated that he and his client have read the conditions from Staff and believe the conditions are reasonable. Mr. Coover submitted pictures showing what Mr. Krefetz intends to store outside. The items to store outside are chameleons, tiny lizards. They have to be outside for a few hours each day. He asked the board to reconsider the issue about the outdoor storage being fully enclosed with an opaque fence or wall. Mr. Garrett questioned the outside light requirement. He stated that it is not necessary for outside light because they could use artificial lights or hot rocks. Joe Krefetz, 210 Sanford Avenue, came forward to answer questions. Since they have so many of the animals, it would be almost impossible to put lights on them to cover all of the animals. They take them outside and hose them down, which is healthier for the animals. Mr. Krefetz stated that he holds an amphibian license. Mr. Robert questioned meeting the requirement about the washing and cleaning of the cages. Mr. Krefetz stated that the bottoms of the cages are wiped out and the feces are removed inside of the building before the animals are taken outside. There will be no feces or waste running from the cages into the alleyway. No cleaning is technically done outside. The large snakes are kept inside of the building in glass terrariums. Mr. Coover stated that according to his client, snakes do not move around during the day, they mostly move about at night. They are fed live crickets. The mice and rats are frozen, not alive. Mr. Robert questioned the industrial grade sink requirement. Mr. Krefetz stated that the sink has already been installed inside of the building. Mr. VonHerbulis questioned the reason for starting up the business without having all the proper legalities taken care of. Mr. Krefetz stated he did not have an answer for that. When he applied for the license he was told that because of some complaints the City received, the City would not issue the license until he went through this process and have certain conditions attached to it. He was previously at 2920 Orlando and was not aware there would be any problems at the new location. He has been at this new facility since August or September and applied for the license about 4 or 6 weeks after that. Mr. Gibson stated that according to facts, the license for 2920 Orlando Drive was for wholesale only. The city was not aware of the Sanford Avenue location until there was a complaint about animals getting out through the City's Code Enforcement office. At the old location, the zoning was GC -2, which allowed it. The new location being zoned SC -3 requires a conditional use. MINUTES PLANNING & ZONING COMMISSION JANUARY 17, 2002 PAGE 3 Ms. Dennison questioned if there were local licensing regulations for the keeping of these animals. Mr. Krefetz stated there are regulations as far as the disposal of the animals that pass. They use to throw them away in the dumpster, but not anymore. They are licensed by the Florida Fish and Game and US Fish and Wildlife. Joe Hartwig, 307 E 2 °' Street, was present to speak in opposition. He stated he became aware of this business back in November when a tenant of the building approached him with concern about snakes and creatures being loose in and around the building. He submitted pictures showing some of the animals being loose and wastewater running down the alleyway. He felt this type of business was detrimental to the surrounding businesses and houses. The business owner has disregarded issues already, why would they go along with the recommendations in the future. Mr. Skat stated that an email was received from Bob & Linda Kuhn stating they are in opposition of the request. They had an incident with an escaped reptile and their cat. They oppose the approval because of safety and quality of life reasons. Mr. Coover stated that some of the issues presented were hearsay. Without an eyewitness present, it is hard to determine where the pictures were taken. His client will abide by the conditions the Board imposes. His client is not aware that anything has escaped. He has about 500 snakes and up to 3,000 chameleons at one time. Mr. Robert questioned the type of inspection that would be required. Mr. Gibson stated that the standard inspection occurs during the processing of the license. A fire and building inspector is sent to the property for the initial inspection and the fire department performs an annual fire inspection. If a complaint is received, Code Enforcement would handle the inspection and actions. Maybe a consideration be added that if there are violations of the stipulations, the conditional use expires. Mr. Robert moved to approve with staff's conditions 1 through 6 and in addition add number 7, failure to comply will result in termination of license. Mr. VonHerbulis seconded for discussion. Mr. VonHerbulis stated they will have to comply before their license is issued. Mr. Skat made a suggestion that a sunset provision being placed. Mr. Robert restated his motion to drop number 7 as was stated and restate approve with items 1 through 6 and add number 7, have a sunset provision of 1 year. Mr. VonHerbulis seconded revised motion. Mr. Skat in opposition. All others in favor. Motion carried. The next item was to consider the Site Plan for CPH Engineers, Inc., a proposed construction of a new building located at 500 W. Fulton Street. MINUTES PLANNING & ZONING COMMISSION JANUARY 17, 2002 PAGE 4 Larry Wray, CPH Engineers, Inc. stated that they are proposing a new building to go along side of the old building with an atrium between the two buildings with crossing hallways connecting them. Parking will be provided on the east and north sides. A retention pond will serve the new and existing property. There are two areas that do not meet the landscape island requirements. In order to keep the amount of required parking and to preserve two specimen Oak trees, they had to go without the islands every 10 spaces. They could remove the trees in order to meet the requirements, but chose to save the trees. The finished floor elevation will have the same as the existing building. There is an existing wooden fence between the apartment complex and this property. Mr. Gibson questioned if the retention area could be re- engineered to preserve an 18" Oak tree. Mr. Wray stated that with the retaining wall being added in order to get the volume needed along the back wall of the pond, the tree is too far down into the existing pond in order to make it work for the site. Mr. VonHerbulis asked Mr. Walter if there are leniencies in storm water calculations to maintain an Oak tree and live with less volume. Mr. Walter stated that you would have to meet the discharge rate. The city could not afford to allow somebody else to flood in order to save a tree on site. Mr. Robert moved to approve per staff's recommendations. Mr. Yosefian seconded. All in favor. Motion carried. The next item on the agenda was to consider the Site Plan for M.D. Moody and Sons, a heavy equipment rental, sales and service operation located at 600 Aero Lane. Randy Thomas, M.D. Moody & Sons and Stan Carroll, Hanson, Walter & Associates were present. Mr. Gibson stated that the Commission did approve the Crane Institute project, which is near this project. A conditional use was approved for outside storage on May 3, 2001. There is also a development order with a contribution commitment to contribute 10% of the cost of Aero Lane and SR 46 intersection improvements, not to exceed $10,000, within 5 years. Mr. Walter stated that DOT said a light at SR46 was not warranted. There could be improvements for the left and right turn lanes on Aero Lane at SR46. With St Johns Parkway opening up, a lot of traffic may go that way. Mr. VonHerbulis questioned if the outside storage area will be screened. Mr. Carroll stated that nothing is screened. MINUTES PLANNING & ZONING COMMISSION JANUARY 17, 2002 PAGES Mr. VonHerbulis questioned if there was a special exception for the fence within the front yard area. Due to the proximity to the road and if the gates are closed, they wouldn't be able to get the equipment off of the road. Mr. Gibson stated that a fence greater than 4 -ft. is not permitted within the front yard. They have offset the fence 25 -ft. back. The board could approve the chain link fence within the front yard area as pan of the site plan. Mr. VonHerbulis requested the gate be moved back far enough. Mr. Skat questioned if a public hearing was required for the fence. Mr. Gibson stated that the chain link fence does not require a variance because it is an element of the site plan. The height of the fence, if over 4 -ft. in front yard, is listed as a variance. The front yard is defined as the leading edge of the structure. They are proposing a temporary modular sales center, which would constitute the front yard from the leading edge of that building. If the fence were at this point, a variance would not be needed. When the modular unit is removed, the fence would be non- conforming. Mr. VonHerbulis moved to approve the site plan per staffs recommendations and also the 6 -ft. chain link fence be allowed across the front of the property as long as it is no closer to the road than the temporary office structure and the driveway gates be addressed at Final Engineering. Ms. Dennison seconded. All in favor. Motion carried. Mr. Robert moved to approve the Minutes. Mr. Yosefian seconded. All in favor. Motion carried. There was a brief discussion on the fire station property. Mr. Walter stated that DOT wrote a letter to Lowe's Engineer agreeing with the City not allowing a southern entrance to Lowe's unless the northern Albertsons driveway was closed because they are too close. Mr. Gibson advised the Board that Mr. Marder will provide an Economic Development Activity report at the next meeting. Mr. Skat stated that he spoke with Meredith Harper. He encouraged the Board to drive through the Sanora area. Mr. VonHerbulis questioned if there was a percentage requirement for affordable low income housing, number of apartments that should be, or separation distance. Mr. Gibson stated that in the City's Comprehensive Plan there are some numbers in providing sufficiency for affordable housing but does not believe it itemizes or categorizes the character of affordable housing. MINUTES PLANNING & ZONING COMMISSION JANUARY 17, 2002 PAGE 6 Mr. Gibson informed the board members that they have been given LDR modifications that will replace the current pages. Mr. Skat questioned if a requirement was put in if there is a site plan violation; it would allow the City to pull their certificate of occupancy. Mr. Robert stated it is section 3.7 so they can pull the license There being no further business, the meeting was adjourned at 8:45 P.M. Michael Skat, Chairman