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03.02.00City of Sanford Planning and Zoning Co mmission Regularly Scheduled Meeting 7:00 P.M. Thursday, MARCH 2, 2000 City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Hearing to consider a request for a Conditional Use for property located at 2190 Oregon Avenue in an Agricultural Zoning District for a proposed Elementary School site. Property currently being annexed. TABLED ON FEBRUARY 17, 2000 Tax Parcel Numbers: 32- 19 -30- 300 - 0010 -0000; 32- 19 -30- 501 - 0000 - 0090 -009A; and 33- 19 -30- 300 - 0170 -0000 Property Owners: T.B. Ball, III; Janet M. Ball; Donald M. Cahill; Alice L. Cahill Revocable Trust Representative: Dianne L. Kramer, Seminole County School Board 2. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1100 French Avenue in a GC -2, General Commercial Zoning District to re -use a Non - Conforming Property for a proposed Residential Care Facility. TABLED ON FEBRUARY 17, 2000 Tax Parcel Number: 25- 19- 30- 5AG- 1309 -0010 Property Owner: Huelan H. Grier Representative: Thomas E. Hamilton, M.D. 3. Hold a Public Hearing to consider a request for a Comprehensive Plan Amendment for property located at 700 East Lake Mary Boulevard from High Density Residential to General Commercial. Tax Parcel No: 12- 20- 30- 300 - 0120 -0000 Property Owner: Barney Veal Representative: Ron Howse, P.A. 4. Hold a Public Hearing to consider a request for a Planned Development Rezone for property located at 3651 W. l Street amending the commercial PD to a 184 unit multi - family PD called Windsor Pines. Tax Parcel No: 26- 19- 30- 5AE- 0100 -0000 Property Owner: Govind Ghaudhari Representative: W. Scott Culp, Sandspur Housing Partners, Ltd. 5. Hold a Public Hearing to consider a request for a Conditional Use for property located at 909 Maple Avenue in a GC -2, General Commercial Zoning District, for the purpose of residential. Tax Parcel No: 25- 19- 30- 512 -1109 -0080 Property Owner: Seminole Community Mental Health Center Representative: Mary L. Hilliman, The Affordable Home Center 6. Hold a Public Hearing to consider a request for a Conditional. Use for property located at 3416 Orlando Drive in a GC -2, General Commercial Zoning District for truck repair and customizing. Tax Parcel No: 11- 20 -30- 300 - 0080 -0000 Property Owner: Donald J. & Evelyn C. Bales Representative: Kenneth E. Wing 7. Hold a Public Hearing to consider a request for a Dimensional Variance for property located at 2304 -06 French Avenue in a GC -2, General Commercial Zoning District, for a reduction in outdoor display area requirements: 25' required, 0' proposed, a variance of 25'. Tax Parcel No: 36- 19 -30- 523 - 0000 -0320 Property Owner: Jay Dennison Representative: Linda K. Pawlicki 8. Minutes. 9. Any other business from floor or Commission Members 10. 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 286.0 Persons with disabilities needing 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. ►�� r � k l R _ MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2 2000 7 :40 P.M. CITY COMMISSION CHAMBERS CITY HALL SANFORD FLORIDA MEMBERS PRESENT: Carol Dennison James Valerino Andrew Kutz Bobby VonHerbulis Ross Robert MEMBERS ABSENT: Otto Garrett - excused Michael Skat- excused Kevin Hipes- excused Timothy Hudson OTHERS PRESENT: Russ Gibson, Land Development Manager Marion Anderson, Recording Secretary The Chairman called the meeting to order at 7:00 P.M. Mr. Valerino stated that the request for a Conditional Use for the property located at 1100 French Avenue has been withdrawn. The first item considered was a Public Hearing to consider a request for a Conditional Use for property located at 3416 Orlando Drive in a GC'2, General Commercial Zoning District for truck repair and customizing. NCO James C. Word, Attorney for the Applicant, stated that Mr. Bales is the owner of this property which is formerly the Sanford Motor Company. Mr. Wing and Mr. Bales entered into a lease agreement and at that time Mr. Wing was led to believe that it was o.k. to have his business here. Later he found out that he couldn't have his business here unless he obtained a Conditional Use. Since Mr. Wing filed this application, the landlord and the tenant's relationship have deteriorated to the point that Mr. Bales has MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2, 2000 nnf z+ 1) filed an eviction suit against the tenant. Mr. Wing will be evicted in the next 10 days and he is trying to move his equipment out. Mr. Word asked that the request be withdrawn due to circumstances beyond Mr. Wing's control. The next item considered was a Public Hearing to consider a request for a Conditional Use for property located at 2190 Oregon Avenue in an Agricultural Zoning District for a proposed elementary school site. Tabled February 17, 2000. Mr. Valerino stated that on February 17, 2000, this Commission held a Public Hearing and took testimony and input from the public and tabled it until today to officially vote on it. Mr. Robert moved for approval to remove from the table. Seconded by Mr. VonHerbulis. All in favor. Motion carried. Mr. Gibson stated that the property is now formally annexed into the City. Mr. Kutz moved to approve per Staff's recommendations. Seconded by Mr. Robert. Scott Stigall, was present representing the School Board. All in favor. Motion carried. The next item considered was a Public Hearing to consider a request for a Comprehensive Plan Amendment for property located at 700 East Lake Mary Boulevard from High Density Residential to General Commercial. Chris Dinklage of Ron Howse Engineering, was present. He stated that at this time there is no intended use of the property. They would like to get it out of the residential classification and put it into a commercial classification on the Comprehensive Plan. Mr. Gibson stated that this action is a recommendation to the City Commission with regard to the land use which would facilitate allowing the property to be rezoned to a commercial zoning classification. It would be at that time when the property owner applied for a rezoning that we would be able to stipulate the types of development standards that would regulate MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2, 2000 PAGE 3 how the property is to be developed. It is noted that in the Comp Plan Amendment recommendation, that the site will need to be developed in accordance with Schedule U and all Land Development Regulations. It is now, a matter of policy that the City execute a development agreement for all rezones and development plans approval. This Commissions has the opportunity to provide any further stipulations to insure that the property is developed in a fashion that is necessary. Mr. Gibson stated that Staff would be looking at having Rolling Hills Blvd. as a means of accessing the property at least at its easterly portion and then again there could be an additional, perhaps limited to one curb cut on Lake Mary Blvd. The City does have standards that minimizes the number of curb cuts in terms of the distance separation required between the curb cuts. Mr. Dinklage stated that they have been in contact with Seminole County and has discussed the access. one main access point will be at Rolling Hills Blvd. Interior parcels will have to be cross accessed. Ron Howse stated that a Wal Mart Supercenter is planning on coming in and a Race Trac gas station. Mr. Kutz moved to approve per Staff's recommendations. Seconded by Mr. VonHerbulis. All in favor. Motion carried. The next item considered was a request for a Planned Development Rezone for property located at 3651 W. 1S Street amending the commercial PD to a 184 unit multi - family PD called Windsor Pines. Scott Culp, Director of Development with Sandspur Properties, stated that they agree with all of Staff's recommendations. Mr. VonHerbulis stated that the standard parking space size is 10 wide and that he does not like approving anything more than 50% of the parking spaces to be 9' wide. Mr. Culp stated that they had tried to provide more spaces for good parking distributions. To increase the number of spaces they have used the 9' spaces throughout. They are over the minimum required by City,.368 required, 428 being provided. Mr. VonHerbulis asked what would be lost by making the perimeter of the site or 50% of the spaces 10 wide. Mr. Culp stated that they would get down to just the MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2, 2000 T) n r_V n minimum or just below what is required. Mr. Kutz stated that by approving the 9 parking spaces that would be a dis- service to the community. They need to rethink the number of apartments. Adequate parking space size is 10 Mr. Culp stated that the 9' wide parking space size is for better distribution to provide available space for the residents. The drive isles do meet the requirements of the City. He stated that they have requested a reduction in the width of the parking spaces to provide a better parking ratio and parking distribution for the residents. Arthur Harris, 1108 Grove Manor Drive, stated that he was representing his brother -in -law, that owns property to the south end of this property, 1/4 mile down the road. He stated that they are requesting additional right -of -way on the east side of White Cedar Road, and a permanent block wall along the west side of this property. He stated that the density of this project is too large for this 12 1/2 acres. Mr. Harris stated that his brother -in --law is also concerned with reclaimed water because of their drinking wells. Joe Andrews stated that he is concerned with traffic coming onto White Cedar Road and traffic congestion in the area. Mr. Gibson stated that the City Engineer is requiring 20' of additional right -of -way on the east side White Cedar as well as 5th Street. Shirley Edyven, 3601 W. 5th Street, asked if the developer intended on opening up 5 th Street. She stated that they need a signal light at Aero Road. She is worried about crime and vandalism. Scott Culp stated that Staff has done a good job with requiring 20 of additional right-of-way on White Cedar and 20 on 5th Street. DoT and Seminole County will set the standards for the improvements on 46. He stated that they are planning on a continuous landscape buffer with a decorative fence. The road right -of -way widths do allow them to have a decorative fencing MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2, 2000 isarV � with landscaping as opposed to a block wall. Mr. Culp stated that they are planning on aluminum picket fencing. He will take a look at Ms. Edyven's property and come up with acceptable landscaping to buffer her property. Mr. Robert moved to recommend approval of the request to rezone this property at 3651 W. l "t Street from PD, Planned Development with commercial/industrial uses to PD, Planned Development with multiple family development based on consistency with the Comprehensive Plan for the Westside Industry and Commerce mixed use development with compliance with Windsor Pines PD Rezone Master Site Plan dated February 2, 2000 and that additional staff comments are to be included in a Development order for the project and any other staff comments, and with 50% of the parking space widths to be 10' and the other 50% to be 9' in width, and with decorative fencing around the project meeting staff's approval. Seconded by Mr. VonHerbulis. All in favor. Motion carried. The next item was to hold a Public Hearing to consider a request for a Conditional Use for property located at 909 Maple Avenue in a GC -2, General Commercial Zoning District, for the purpose of residential. Mary Hilliman, 200 E. Commercial St., Ste. 3, Sanford, was present. Mr. Gibson stated that the minimum square footage for single family residential is 6000 square feet. It is recognized that this lot is under the 6000 square foot allowance for single family development, however Staff recognizes that there are similar sized parcels in the vicinity which if not zoned commercial would be considered parcels of record, and minimum lot sizes required for single family development on parcels of record are only 5000 square feet. Ms. Hilliman stated that the house is approximately 1000 square feet with no carport or garage. Patricia Thompson, 911 Maple Avenue, was in opposition to the request. She stated that the entire block is zoned commercial. There are only two residential homes within this block. She MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2, 2000 nnr-4V c submitted a 2 page letter and a petition opposing the conditional use. Dorothy Chandler and Mr. McAlexander, were present and in opposition. He stated that his car wash abuts the back of this property and he is definitely against this property becoming residential. Darrell Oglesby, 908 Maple Avenue, stated that his concern is not so much as a house being built but that his concern is if there will be renters. Ms. Hilliman stated that there will be northside of the house. A single lane extends all the way to the house. The the Seminole county Affordable Housing down payment assistance with a 10 year the buyer sells within that 10 years, down payment. a drivew concrete house is Program. mortgage they will ay on the driveway that being built under The buyer gets against it. If have to repay the Mr. Robert moved to approve this conditional use to establish a single family residential use within the GC -2, General Commercial Zoning District based on testimony heard tonight and similar uses in that district. Seconded by Ms. Dennison. All in favor. Motion carried. The next item was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 2304 -06 French Avenue in a GC--2, General Commercial Zoning District, for a reduction in outdoor display area requirements: 25' required, 0' proposed, a variance of 25 Richard Vellet, General Manager of Value Pawn and Jewelry, located at 2304 S. French Avenue, was present. He stated that in an agenda memorandum that was faxed to him, there were a couple of concerns: 1, that the applicant infers that the items must be displayed outdoors so that the customers could test such items such as bicycles and lawn equipment. That is true, the City's regulations do not! prohibit the storage of the merchandise inside the building then to be taken outdoors for the purpose of MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2 2000 PAGE 7 testing. However, he would like the Commission to consider the fact that by frequently moving bicycles from inside the building to the outside as well as lawn mowers and other outdoor type of equipment, are exposing their employees to unnecessary hazards as well as the customers. The merchandise that they are proposing to merchandise outside is outdoor related. He has no intention or desires to put any washers, dryers, office equipment or such merchandise outside of the building. He stated that outside display would not include outboard motors because they are not equipped to test that merchandise. Generally, that would require a large drum full of water. The only outboard motors that they really do trade in are the electric trolling motors which will be tested inside of the building. Mr. Vellet stated that another point to consider, in reference to no. 3: there do not appear to be other similar businesses which are lawfully conducting outdoor storage or display of used merchandise in the immediate area; he submitted nine examples, photos of neighboring businesses which are utilizing outdoor merchandise. In this memorandum, it also states that this portion of 17 -92 is slated for revitalization. He stated that he would be the first to advocate stricter control on what merchandise is put outside and the manner in which it is displayed. Mr. VonHerbulis asked Staff if the applicants were asking for a variance of 25 and if the 25 setback was from the property line, and they are asking down to 0 Mr. Gibson stated that this is correct. Mr. VonHerbulis asked if part of their building is within 25 of property line. Mr . Gibson stated "no". Mr. VonHerbulis stated that the way he reads this is that there is a 25' setback for outdoor display or is there a 25' setback for a building or all of the above. Mr. Gibson stated that it is all of the above. The building setback for GC -2 at this location is 25' from the property line. This building sits back farther than that. Referenced in Staff's report is this is a non- conforming property, not in as much of the building setback but other characteristics of the site. For example, there is no landscape or a very nominal landscape buffer along the front property line. MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2, 2000 PAGE 8 The requirement being a minimum of 10 along 17 -92. The traffic circulation is poor and the pavement is all the way up to the building. It is a very tight, constricted area and to couple that with display of irregular type merchandise in an area that is designated for traffic lanes. Mr. Vellet stated that he is really seeking a 5' depth running across the storefront. Approximately lo' to the right of the main entrance and approximately lo' to the left. In no way do they plan on encroaching onto the existing parking spaces. Site observation reveals that across the storefront there are several concrete pylons which were designed as a theft deterrent, preventing people from driving through the storefront. The merchandise that he would like to bring out will be placed between the front of the building and those pylons. At the moment, there is no parking permitted in front of the pylons. The parking designations run along the 17--92 road. There is approximately 7' from the physical storefront to the pylons. The merchandise that he will bring out is typically 3 to 4' in length. There will still be approximately a 3' walkway available to the customers. Mr. Robert stated that if we allowed them to have 3' of stuff right outside of the store in the area he is talking about, it will not interfere with traffic. Mr. Gibson stated that in light of the designated CRA for the 17-- 92 corridor, Staff does not feel that this is an appropriate character of activity that should be along the corridor, particularly, on sites that do have these non - conformities. Mr. Kutz asked if they have been in this location, putting the merchandise behind those bars for five years. Jeff Bishop, also of Value Pawn, stated that they are not currently displaying merchandise at all. They had been up until approximately two years ago. A gentleman came by and said they were in violation and they stopped displaying merchandise. Mr. VonHerbulis made a motion to deny the request for outdoor storage based on Staff's recommendations and the CRA development MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 2, 2000 PAGE 9 and our wishes to keep and improve the looks of 17 -92, also to give the photos to code enforcement to see what they can do to clean up the area as best they can because of this recommendation. Seconded by Mr. Robert. Mr. Kutz.stated that he thinks this is grossly unfair. These guys have been in business and had display out there for three years. Everybody up and down the street has display. It is an unfair situation and all pawn shops in the country have outdoor storage. Mr. Robert stated that he is not in favor of the outdoor display. This site has problems, it is too small. In opposition were Mr. Kutz and Mr. Valerino. In favor of the motion were Mr. Robert, Mr. VonHerbulis, and Ms. Dennison. Motion carried. Ms. Dennison moved to approve the Minutes as circulated. Seconded by Mr. Robert. All in favor. Motion carried. Mr. Kutz requested a list of those areas where there are 50/50 (50% 9 and 50% 10 parking spaces that are in place. There being no further business, the meeting adjourned at 9:30 P.M. J es Valerino, Chairman