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04.20.00C ity of Sai,,, rd Planning and Zoning C nmission Regularly Scheduled Meetine 7:00 P.M. Thursday, APRIL 20, 2000 City Commission Chambers, City Hall, Sanford, Florida AGENDA 1.A Hold a Public Hearing to consider a Planned Development Rezone amending the PD Master Plan for Sterling Woods (per Ordinance No. 3334 approved on April 28, 1997) establishing a 10 foot minimum rear yard building setback requirement for screened porches. Tax Parcel No: 10- 20 -30- 511- 0000 -0000 Representative: Thomas H. Greenawalt, Maronda Homes 1.13 Hold a Public Hearing to consider a Planned Development Rezone amending the Master Plan for Monterey Oaks (approved on August 10, 1998) establishing a 10 foot minimum rear yard building setback requirement for screened porches. Tax Parcel No: 33- 19 -30- 517 - 0000 -0000 Representative: Thomas H. Greenawalt, Maronda Homes 1.0 Hold a Public Hearing to consider a Conditional Use request to amend the Preliminary Subdivision Plan for Placid Woods, Phase II (approved on May 8, 1995) reducing the rear yard building setback requirement for screened porches from 15 feet to 7.5 feet. Tax Parcel No: 02- 20- 30- 520 - 0000 -0000 Representative: Thomas H. Greenawalt, Maronda Homes 1.D Hold a Public Hearing to consider a Conditional Use request to amend the Preliminary Subdivision Plan for Placid Woods, Phase III (approved on June 4, 1998) reducing the rear yard setback requirement for screened porches from 15 feet to 7.5 feet. Tax Parcel No: 02- 20- 30- 520 - 0000 -0000 Representative: Thomas H. Greenawalt, Maronda Homes 2. Hold a Public Hearing to consider a Conditional Use request for the purpose of additional boat parking for property located at 101 Commerce Way in a R1 -1, Restricted Industrial Zoning District. Tax Parcel No: 35- 19- 30- 524 - 0000 -0230 Property Owner: Holox Ltd. Representative: Bob Campbell 3. Hold a Public Hearing to consider a Conditional Use request for installation of telecommunication antennas and ground equipment on an existing electric transmission structure for property located at 1080 Rinehart Road in a PD, Planned Development Zoning District. Tax Parcel No: 29- 19- 30 -5LW -1600 -0000 Property Owner: Sanford Investors Florida General Partnership Representative: Ulay Thompson, Florida Power Corporation 4. Hold a Public Hearing to consider a Conditional Use request for a church addition - expansion of non - conforming use for property located at 813 Pine Avenue in a SR -1, Single Family Dwelling Residential Zoning District. Tax Parcel No: 25- 19- 30 -5AG -1000 -0060 Owner: St. Paul Missionary Baptist Church, Inc. Representative: Pastor Albert L. Covington 5. Minutes. 6. Any other business from floor or Commission Members 7. 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, Y P City t FS 286.010 which record is not provided b the Ci of Sanford 1 ) Persons with disabilities needinq assistance to participate in any of these proceedings should contact the personnel office ADA Coordinator at 330 -5626 48 hrs in advance of the meeting. MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 20 2000 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: James Valerino Ross Robert Otto Garrett Carol Dennison Bobby VonHerbulis MEMBERS ABSENT: Kevin Hipes - excused Michael Skat Andrew Kutz Timothy Hudson OTHERS PRESENT: Russ Gibson -Land Development Manager The Chairman called the meeting to order at 7:00 P.M. There were moments of silence for Mr. McClanahan. The first item on the Agenda was the consideration of a Planned Development Rezone amending the PD Master Plan for Sterling Woods (per ordinance No. 3334 approved on April 28, 1997) establishing a 10 foot minimum rear yard building setback requirement for screened porches. Jim McNeil, Holland & Knight Law Firm, 200 S. Orange Avenue, Orlando, and Tom Greenawalt, Vice President of Maronda Homes, 1101 Keller Rd., Maitland, were present. Mr. McNeil stated that their request is to bring some clarification to the approved plans for the developments so that it is clear that if there is a porch on the back of the house, there can be screening and it won't be affected by the normal setback. They are not asking to change the setback with respect to the house itself, but are talking about a permitted porch. MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 20, 2000 nnr-V '-) Mr. VonHerbulis stated that any type of structural support is under the building setbacks. whether it's a porch, a front entrance, a garage, has a screen or not, it's a part of the building setback. His concern is that if there is a 20' rear yard setback, and a porch can be built with the same roof line, then it becomes a part of the city's responsibility to make sure that the homeowner does not put glass in and a window air conditioner. Living area would be added within 10' of the property. Mr. McNeil stated that there would be the same situation where there are screened or unscreened porches. There would always be that concern. The attempt here today is to come up with something that works. Something that clarifies the situation and gives predictability to Maronda and to meet everybody's goal. Mr. VonHerbulis stated that he remembers Maronda asking for a variance on putting sidewalks on both sides of the street because the drainage calculations in the subdivision didn't accommodate enough square footage for the placement of sidewalks on both sides of the road. To his recollection there wasn't any porches on any of the approved plans. He asked if Engineering looked at this to see if the porches were on the back and that this does meet the criteria. Mr. Gibson stated that this issue has been considered by Staff. The one specific subdivision that pretty much has a maximum building area designed for the individual lots is Placid Woods, Phase III. All will be monitored by the City. Ms. Dennison asked how would water be contained on the lots for the runoff from the hip roof towards the back. If there is only 5' for drainage in the rear, it is not a lot to contain the water on the lot, it will run onto the neighbors. Mr. Greenawalt stated that there is a master plan on the drainage for the entire community. Mr. McNeil stated that it gets back to the approved engineering plans. He doesn't think it will be a problem if the approved engineering plans were calculated correctly. Mr. Greenawalt stated that what is being eliminated MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 20, 2000 D r�V I is the utility easement in the rear. There are still drainage easements in the back exactly for this reason. Ron Rinehart, owner of 104 Garden court that lives at 850 Lake Como Drive in the Hills of Lake Mary, was present to speak in opposition to the request. He stated that the setbacks have already been exceeded, and now the porches will be 10 -feet from the property lines. The reason the 20 feet is in there is so that the noise, etc. does not impede on the neighbor behind them. He stated that the applicant has basically already said we have gone inside the limit but now lets make it o -k by screening the porches when originally they couldn't screen the porches. one rule has been broken. Connie Bylando, 315 Placid Lake Drive, stated that her home was built as a spec home and even if the setbacks were decreased to 7.5 she only has 5.1' in the rear of her property. She asked how could this happen. John, who lives on North Court, just south of Monterey oaks, stated that the problem is that the 10 easement is suppose to be a Swale. More water will be settling on the properties. If porches are put in with roofs, those roofs will create more water because of the pitch. Jesse King, 114 Broadarrow Place, Placid Woods Phase 1, asked that since the porches are there with screening, could someone build onto that. Mr. Gibson stated "yes ", they would have to meet all other development criteria. There could be a stipulation of the approval that no other improvements be allowed beyond the 7.5 Mr. VonHerbulis explained that Placid Woods Phase III has a note per the City of Sanford that the allowable and pervious area is 2321 square feet. The total area covered including the patio is 2306. There will be 15 square feet additional, 3 that a particular structure could ever be added to the property and still be conforming. Tina McClory, 122 Brushcreek Drive, speaking on Monterey oaks, stated that her biggest concern is the noise factor. She asked what is the average family size of the Monterey Homes. Debra ?, in favor of the request, stated that her In -laws own Lot MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 20, 2000 I)ar±L" n 84 in Placid Woods, and that her father -in -law will need the screened in porch because of his disability. Belinda Maddox, 350 Upsala Road, stated that the rear of her property adjoins Monterey oaks. Monterey Oaks should be responsible if their neighbors flood. If the developers need to buy out properties, then they should buy them out. Stephanie King, 114 Broadarrow Place, asked if this request included Placid Woods Phase 1 because some of these homes border on the same retention pond that part of Phase 1 does. Some of the homes in Phase 3 will border her property. Kevin Maddox, 350 Upsala Road, compared the requests for reductions in rear yard setbacks to similar situations in Mississippi. Jim McNeil stated that they could not address every concern that the homeowners have tonight. Mr. Gibson requested that the commission recommend to the City Commission that the wall issue for Monterey oaks be included in the PD Master Plan so that the fence issue can be resolved in and of itself. Tammy Husky, Lot 57 Sterling Woods, stated that she is in favor of the request because she wants a home that she can enjoy. The plans for her home were submitted to the City but was not approved because of encroachment onto that setback. Her lot backs up to a wooden or conservation area. Linda Cordoni, 141 Brushcreek Drive, north of Monterey.Oaks Phase 2, spoke in opposition. She stated that there will be some problems with drainage and that she is also concerned about the noise level. She stated that she is concerned with the liability and trustworthiness of Maronda Homes. Mr. Cordoni stated that he hopes the setbacks are kept at 20' so as not to look like Chicago or New York. Mr. Robert moved to approve the rezone for Sterling Woods and amend the Master Plan to establish the 10 minimum rear yard MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 20, 2000 'Dn r-V M building setback requirements for screened porches with the following stipulations: 1. No vertical construction will be allowed within any utility or drainage easement; 2. The modification of these setbacks in no way allows additional impervious area on the lots greater than that originally permitted in the original approved drainage plan; 3. Any and all other development shall be in accordance with the Sterling Woods Master Plan as it was approved April 28, 1997. Seconded by Mr. VonHerbulis for discussion. Mr. VonHerbulis stated that he had heard the items brought forward by the citizens and unfortunately a lot of these issues are issues that are related to the request and some had to do with the fact that these are small lots. He requested that Mr. Robert include in his recommendation an additional "gotcha" caveat to the City Commission that these are the problems you run into when you approve 50' lot subdivisions and to also add that any other new subdivisions that are brought forth that the setbacks that we put into place will include back porches, screened or unscreened. Mr. Robert felt that the requests are entirely appropriate and included the request into his motion. Mr. Valerino stated that there were a lot of good points presented by the people who spoke in opposition although a lot of the points raised were not directly related to the issues at hand, he felt those were things that needed to be discussed. The main reason he is inclined to vote for this particular motion is that as it stands now they are allowed to have a roof on the back porch. The issue is is if they can put screen around what they are already allowed to have. All in favor of the motion. Motion carried. The next item considered was to hold a Public Hearing to consider a request for a Planned Development Rezone amending the Master Plan for Monterey oaks (approved on August 10, 1998) establishing a 10 -foot minimum rear yard building setback requirement for screened porches. Mr. Robert moved to approve in addition to the previous stipulations, screened porches only, a 6' wood privacy fence or MINUTES PLANNING AND ZONING COMMISSION MEETING OF April 20, 2000 nT c similar barrier, approximately 264 linear feet along the eastern property line between the single family residential property owners, in particular 350 Upsala Road, and the southerly property line, and all developments be in accordance with Monterey Oaks Master Plan as approved August 10, 1998 with the proviso that the impervious area not exceed what is allowed, no matter what. Seconded by Mr. VonHerbulis. Mr. VonHerbulis stated that he had a concern with the swale on the southerly portion affecting Garden court. If the porches will hinder the swale on the portion that.abuts Garden Court, that the porches not be allowed on that section so that the swale can be properly constructed and maintained. Mr. Robert stated that we would like to suggest that the Building Department hold the builder or developers feet to the fire to straighten out the drainage problem. Mr. VonHerbulis suggested that porches not be built on that section because there will be 11' to construct a Swale completely on their property line. Mr. Robert stated that if the developer can't satisfy the Engineer, then porches should not be built on that section. Mr. Robert included this into his motion. Mr. VonHerbulis seconded the motion with his suggestion. Ms. Dennison in opposition to the motion. All others in favor. Motion carried. The next item considered was a request for a conditional Use to amend the Preliminary Subdivision Plan for Placid Woods, Phase 11 (approved May 8, 1995) reducing the rear yard building setback requirement for screened porches from 15 feet to 7.5 f eet . Mr. Robert moved for approval of the Conditional Use for Placid Woods Phase II, to amend the Preliminary Subdivision Plan to reduce the minimum rear yard building setback for screened ` porches fro 15' to 7.5' with the following stipulations; 1) No vertical construction allowed within any utility or drainage easement; 2) The modifications of these setbacks in no way allows additional impervious area on the lots greater than originally permitted with the approved drainage plan; 3) All other development shall be in accordance with Placid Woods Preliminary Subdivision Plan as approved May 8, 1995; 4) make sure that the City Commission knows. Seconded by Mr. VonHerbulis. All in favor. Motion carried. MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 20, 2000 DnOV The next item was the consideration of a Conditional Use request to amend the Preliminary Subdivision Plan for Placid Woods, Phase III (approved June 4, 1998) reducing the rear yard setback requirement for screened porches from 15' to 7.5' Mr. Robert moved to send to the City Commission approval of the Conditional Use for Placid Woods, Phase 111 that amends the Preliminary Subdivision Plan to reduce the minimum rear yard building setbacks for screened porches from 15' to 7.5' with the following stipulations: 1) No vertical construction allowed within any utility or drainage easements; 2) The modifications of these setbacks in no way allows additional impervious areas on the lots greater than that originally permitted with the approved drainage plan; 3) All other development shall be in accordance with the Placid Woods Preliminary Subdivision Plan as approved June 4, 1998; 4) and make sure that the City Commission knows. Seconded by Mr. VonHerbulis. All in favor. Motion carried. Next on the Agenda was the consideration of a Conditional use request for the purpose of additional boat parking for property located at 101 Commerce Way in a RI -1, Restricted Industrial Zoning District. Mr. VonHerbulis disclosed that he had conversations with Mr. Campbell regarding this item. Bob Campbell, 100 Commerce Way, stated that he sells new boats. The business has grown and he needs more space. He would like to put up a fence to protect the boats that he intends to park there. Mr. Gibson stated that he did authorize the issuance of a permit for the chain link fence provided it met the current setbacks. He has seen the current fence and has no objection to where it is. He would prefer to see the front part of the fence vinyl coated, however, the required landscaping would augment the appearance of the fence. Mr. Campbell is in total agreement with the landscaping requirements and he would like to make it as attractive as MINUTES PLANNING AND ZONING CGMMISSIGN MEETING OF APRIL 20, 2000 PAGE 8 possible. He asked that he be allowed not to have to put in the vinyl coated fence. This would be an expensive process. Mr. Garrett moved for approval based on Staff's recommendations. Seconded by Mr. Robert for discussion. Mr. Robert asked if Mr. Garrett could modify his motion to let the applicant have what he has there now. Mr. Garrett agreed. All in favor. Motion carried. The next item was consideration of a Conditional Use for the installation for telecommunications antennas and ground equipment on an existing electric transmission structure for property located at 1080 Rinehart Road in a PD, Planned Development Zoning District. Ulay Thompson, Florida Power Corp., 2600 Lake Lucien Drive, Maitland, was present. He stated that the poles would be lowered to 140' from 195 Ms. Dennison moved to approve as stipulated by Staff. Seconded by Mr. VonHerbulis. All in favor. Motion carried. The next item on the Agenda was the consideration of a Conditional Use request for a church addition - expansion of non- conforming use for property located at 813 Pine Avenue in a SR -1, Single Family Dwelling Residential Zoning District. Dick Evans, 2701 Bungalow Blvd., Chairman of the Board of Trustees at St. Paul Baptist Church, represented this request. He stated that their current Sanctuary can accommodate 200 - 250 people. Their Fellowship Hall can accommodate approximately 50 to 75 people. St. Paul would like to build a new fellowship hall to accommodate the Church offices, classrooms, bathrooms and fellowship space. Mr. Gibson explained that the property owner to the east of this site along 9 th Street, Ms. Altermese Bentley, has expressed to City Staff her reservations on having the utilization of the property to the north of her used for parking. Dorothy Curry, 2203 W. 13 th St., requested highly that this be MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 20, 2000 n T rl 17 ❑ approved because this church started 40 years ago and was never completed. Altermese Bentley, 612 E. 9 th Street, stated that she is a member of this church. She owns the property next to the vacant lot of St. Paul, to the north. She does not want to see a parking lot next to her. Mr. Robert with the proviso of Staff working with Ms. Bentley during site plan review, moved for approval per Staff's recommendations. Seconded by Ms. Dennison. All in favor. Motion carried. Mr. Robert moved to approve the Minutes as circulated. Seconded by Ms. Dennison. All in favor. Motion carried. There being no further business, the meeting adjourned at 10:45 P.M. V P J s Valerino, .Chairman