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03.18.99City of Sanford Planning and Zoning Commission Regularly Scheduled 1Vleeting 7:00 P.M. Thursday, March 18, 1999 City Comrrussion Chambers, City Hall, Sanford, Florida AGENDA 1.A. Hold a Public Hearing to consider a request to Rezone property located at 1200 Upsala Road from Upsala Road PD to that of Westlake Apartments PD. Tax Parcel No: 29 -19 -30 -506- 0000 - 0210 -03 Property Owner: Westlake Apartments Ltd. Representative: Neal H i ler 1.B. Consider the Site Plan for V1lestiake Apartments, a 379 unit apartment community located at 1200 Upsala Road. Representative: Neal Hiler 2.A Hold a Public Hearing to consider a request for a Small Scale Comprehensive Plan Amendment for property located at 402 Pecan Avenue in a RI -1 Zoning District. Tax Parcel No: 25- 19- 30 -5AG -0613- 0010 -11 Property Owners: Randall E. & Deborah A. Grant Representative: Larry A. Visser, The Grove Counseling Center 2.113 Hold a Public Hearing to consider a request to Rezone property located at 402 Pecan Avenue from RI -1, Restricted Industrial, to that of MR -3, Multiple Family Dwelling Residential. Tax Parcel No: 25- 19- 30 -5AG -0513 - 0010 -11 Property Owners: Randall E. & Deborah A. Grant Representative: Larry A. Visser, The Grove Counseling Center 2.0 Hold a Public Hearing to consider a request for a Conditional Use for property located at 402 Pecan Avenue for the purpose of multiple family dwelling residential. Tax Parcel No: 25- 19- 30 -5AG -0513 - 0010 -11 Property Owners: Randall E. & Deborah A. Grant Representative: Larry A. Visser, The Grove Counseling Center 3. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1315 W. 1" Street in a GC- 2, General Commercial Zoning District, for the purpose of trailer sales (automotive dealer sales). Tax Parcel No: 25 -19 -30 -503- 0000 -0090 Property Owners: Reford R & Barbara Glidewell Representative: John C. Noel - K &D Trailer 4. Hold a Public Hearing to consider a request for a Conditional Use for property located at 3760 Orlando Drive in a GC -2, General Commercial Zoning District, for the purpose of a gasoline service station. Tax Parcel No: 11- 20 -30- 300 -0260 -0000 Property Owner: Petrocon, Inc. Representative: Raymond C. Unterburger, P.E., P.S.M. - Hartman & Associates, Inc. 5. Hold a Public Hearing to consider a request for a Conditional Use for property located at 2613 S. Orlando Drive in a GC -2, General Commercial Zoning District, for the purpose of an above ground fuel storage tank, less than 2000 gallons. Tax parcel No: 01 -20 -30 -504 -1 600 -0030 Property Owner: Art Peloso Representative: Tom Tysl, Prime Leasing 6. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1919 W. 1" Street in a GC- 2, General Commercial Zoning District for the purpose of automobile and truck repairlautomobile dealer sales. Tax Parcel No: 25- 19- 30- 5AG- 0322 -0010 Property Owner: Estate of Michael R. Sulpizio Representative: Paul Lanza 7. Hold a Public Hearing to consider a request for a Conditional Use for property located at 3159 S. Orlando Drive in a GC -2, General Commercial Zoning District, for the purpose of a drive axle repair business. Tax Parcel No: 12- 20- 30- 300 - 0100 -0000 Property Owners: Gerald R. & Drexa J. Gross Representative: Wayne Jones 8. Hold a Public Hearing to consider a request for a Dimensional Variance for property located at 196 S. Persimmon Avenue in a GC -2, General Commercial Zoning District, for an increase in fencing requirements: 4' decorative required, 8' chain link requested. Tax Parcel No: 26- 19 -30- 300 -0046 -0000 Property Owner: Kevin Sullivan Representative: David Myles, III 9. Consider the Site Plan for SpringHill Suites by Marriot, a proposed 105 room hotel located at 201 North Towne Road in a PD, Planned Development. Tax Parcel No: 29- 19 -30- 300 -011 B -0000 Property Owner: John N. Fountain Representative: Cochran Scott 10. Minutes 11. Any other business from floor or Commission Members. 12. 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 330 -5625, 49 hrs In advance of the meeting MINUTES PLANNING AND ZONING COMISSION MEETING OF MARCH 18, 1999 7 :00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA HERS PRESENT: James Valerino $obby.VonHerbulis Kevin Hipes Ross Robert Mac McClanahan ,Mike Skat ERS ASSENT: Timothy Hudson - excused Andrew tut z - excused Otto Garrett - excused OTHERS PRESENT: Andrew Van Gaale, Associate Planner Russ Gibson, Land Development Coordinator Marion Anderson, Recording.Secretary The Chairman called the meeting to order at 7.00 P.M. Item 1A was to hold a Public Hearing to consider a request to Rezone property located at 1200 Upsala. Road from Dpsala Road PD to that of Westlake Apartments PD. Tax Parcel No: 29- 19- 30 -50G- 0000- 0210 -03; Property Owner: Westlake Apartments Ltd.; Representative:-Neal Hiler. Neal Hiler, 1415 W. SR 434, Longwood, was present representing the developer. Mr. Gibson noted that the original PD did require that a traffic study be done after 50% of the units were developed. Staff's assessment of this project at this time deems that this requirement is no longer necessary based on the traffic analysis and traffic information that we have. Mr. Hiler stated that this is a one phase project. Mr. VonHerbulis asked if the 9'x20' parking spaces are allowed where there is only 50 %. Mr. Hiler stated that just the exterior parking spaces are 9'x20* per the parking calculations at this point. Mr. Skat asked why the City was waiving something that was put into PD before. Staff is making an assessment of a traffic study that is almost three years old. Traffic studies are always done. He noted that he did not understand why the paving requirements on Elder Road were being waived. This will be an ingress /egress area and will support something as heavy as a fire engine. Mr. Gibson stated that this issue was debated heavily at Staff level, and ultimately it was deferred.to the Fire Marshall, and his opinion was that the condition of Elder Road, as it is today, would be minimally satisfactory to service this project. The development of this project will warrant modifications to Elder Road with the utilities and drainage imp rovements. It is stipulated on the site plan that Elder Road will be maintained at no gorse than its present condition. Mr. VonHerbulis noted that the width of Elder Road is only 30 Mr. Skat questioned height MINUTES PLANNING AND ZONING COMMISSION MEETING OF MAR CH 1 B , 1999 PAGE 2 limitations. Mr. Van Gaale stated that the wants to encourage developers to bring in proposals and not necessarily limit any potential large development by proposing height restrictions. Mr. Hipes commented that now is the time to have Elder Road taken care of and not pose costs upon the City in the future by not paving it now. Right now it is minimally capable of handling traffic. Mr. Van Gaale stated that on the original approval, the developer would pave only that portion adjacent to his property. The rest of Elder Road could be paved at any point in time. Mr. VonHerbulis stated that on the west of the property on the Elder Road side there is a fence and wall, and on the north property line there is a 6' high masonry wall, along the east of Upsala Road, there is a decorative fence for the entrance. He asked if there was anything for the southside facing Smith Canal. Mr. Hiler stated that they are planning on another block wall there. It will either be a block wall or a block wall with some type of decorative fencing. Mr. Hiler added that Seminole County had done some traffic counts on Upsala Road and 46 and the report indicates that there is plenty of capacity on Upsala Road. In opposition to the request was Ann Alexander. She stated that she lives on Elder Road approximately 100' of where the apartments will be. She asked where will the storm drains be placed. She stated that at the first meeting of the rezoning for this, the neighboring residents were promised a wall on Elder Road to block them from the apartments. Mr. McClanahan stated that he thinks that the City will require the walk.. That the only difference will be-was that it would have an emergency gate. Ms. Alexander asked if she could have a guarantee that this gate will be locked so they won't get the spill of traffic from this project. Mr. McClanahan stated that he didn't see why the City couldn't enforce this if this is made a part of the agreement. Ms. Alexander requested that the Commission go back and take a better look at this because that much traffic is too much for Upsala Road. Someone is going to get killed. she asked about the drainage because if the developer does ghat they said they would do at the first hearing, this project will flood her out. Se asked.for a. guarantee that the wall be constructed and that the gate be kept locked. Ms. Alexander is concerned that people will be hurt fan Upsala Road.. The traffic. is backed up every morning and every evening. The drainage ditch next door to her drains 35 acres. If the developer comes down Upsala Road and put in a drainage ditch, this will cut the drainage off from the grove and her house will be sitting on SR 46* Troy Thompson, Upsala Road, also in opposition, stated that he is concerned about the stormwater runoff and all the traffic on Upsala Road. The industrial park is flooded when it rains. Upsala Road cannot handle the traffic for this proposed project. Upsala Road is not designed for the heavy trucks that are using it now. The canal overflows now when it rains. He has seen Smith Canal over its banks. Oregon Avenue bridge got washed out from Smith Canal and had to be rebuilt. From 6;30am to 9:30am the traffic is fairly heavy, then from 3:30pm to 6:30pm it is very heavy. The big trucks are all day long. MINUTES PLANKING AND ZONING COMMISSION MEETING OF MAR CH 18, 1999 PAGE 3 Mr. VonHerbulis noted that when Phase II of the industrial park was done, St. Johns and the City's Engineering Staff made them correct the mistakes of Phase I. They took the retention pond that was sized for about 4 acres and its now 11 acres. It helps the flow from the industrial park. Mr. Thompson stated that the retention pond will hold so much water and the popoff dumps into Smith Canal. It was a blessing for the whole industrial park by increasing the size of the retention, but the elevation of the popoff is still the same. In opposition was Harold Phillips, 4861 Ruby Street. He stated that he has lived here since 1963. He noted that he was at the first meeting and voiced his opinions against the industrial park that is there now. All he hears now are diesels every night. With the proposed development there will be an increase in crimes and loud music. He stated that they just don't want it. Mr. Phillips stated that he can stand on his front porch and Can see the traffic backed up from 46 to Ruby Street. The traffic will be so backed up, it will be hard to get into the complex. Shane Murray, developer, was also present. Mr. VonHerbulis noted that the master drainage plan that shows two, an east and a West retention pond with all the underground storm piping going into it, and asked if the positive outfall of that is a stoma control system that will go out on the west side out towards Elder Road. Mr. Hiler stated that it will be piped all the way to SR 46 so it does not impact any more of the drainage on Upsala Road. It will go out onto Elder Road via a pipe and be piped all the way up to SR 46. None of their water will see ground until it hits 46 right -of -way. Mr. Robert moved to approve to amend and replace the current Upsala Road PD Master Plan with the new Westlake Apartments revised PL Master Plan with all of the stipulations and conditions that Staff has required. Seconded by Mr. VonHerbulis for discussion. He asked if it could be added to the motion the additional securing of the southside so that all perimeters of the property are fenced or blocked in along Smith Canal and Elder Road which already shows it and that the gate, on the westside, be permanently secured and with the only access by emergency vehicles and pending Seminole County's approval of all of the stormwater and traffic studies. Mr. Robert stated that he would be willing to restate the motion to include those items in addition to Staff recommendations and so moved. Re- seconded by Mr. VonHerbulis. Mr. VonHerbulis stated that the type of fencing on the southside is to be determined. It could be chain link or block and must meet staff's approval. Mr. Murray stated that everything will be block wall except the decorative fencing at the entry. Mr. Skat in opposition. Motion carried Item 1B was the consideration of the Site Plan for Westlake Apartments, a 379 unit apartment community located at 1280 Upsala Road. Representative: Neal Hiler. Neal Hiler, 1415 W. SR 434, Longwood, also represented this request. He stated that regarding the emergency access, the Fire Marshall has requested that there be a lock box on the gall which they would have a key for emergency vehicles. MINUTE PLANNING AND ZONING COMMISSION MEE G - OF MARCH 18, 1999 PAGE 4 Mr. Skat stated that the left turn lane will not work. With the traffic problems on Upsala Road, the turn lane will hold maybe 12 cars. He completely disagrees with the left turn lane in having to go across Upsala Road during peak hours. Mr. Skat stated that he would like to see a right turn only coming out of the development. Mr. Robert moved on approval of the site plan based on Staff's recommendations. Mr. VonHerbulis seconded. All in favor. Motion carried. Item 2A was to hold a Public Hearing to consider a request for a Small Scale Comprehensive Plan Amendment for property located at 402 Peen Avenue in a RI -1 Zoning District. Tax Parcel No: 25-19 - 30-5AG -0613- 0010 -11; Property Owners: Randall E. & Deborah A. Grant; Representative: Larry A. Visser, The Grove Counseling Center. Larry Visser, President of The Grove Counseling Center, 585 E. SR 434, Longwood, stated that they are making plans to acquire this site to put in a youth development center which will provide supervised living for 30 or 40 youths. It will provide an onsite school, oftsite vocational training, computer instruction, life skills instructions, counseling, and a number of other programming components. These will be young people referred by the Department of Juvenile Justice. Mr. Visser stated that in terms of the future land use, half of this property is already designated for high density residential. Essentially, they will be taking the other half and making it the same designation. This is more compatible with surrounding land uses which are primarily multi - family with some mixed single family mixed in with industrial and commercial. uses. It will open the door for a much needed public service and open the door for redevelopment in the area. It will add lighting to the area and also will be a benefit to the neighborhood. Mr. Visser stated that the youths do not have options in terms of where they are placed. They are committed to the care of the Department of Juvenile Justice and that Department makes the decision about what facility the youths are placed in. The Center is required to have one staff person, on duty, for every 10 kids at all tinges. It is considered a staff secured facility. Mr. McClanahan moved on approval. Seconded by Mr. VonHerbulis. All in favor. Motion carried. Item 2D on the Agenda was to hold a Public Hearing to consider a request to Rezone property located at 402 Pecan Avenue from RI -1, Restricted Industrial, to that of MLA -3 Multiple Family Dwelling Residential. Tax Parcel No: 25- 19- 30 -5AG- 0613 - 0010 -11; Property owners: Randall E. & Deborah A. Grant; Representative: Larry A. Visser, The Grave Counseling Center. Larry Visser, The Grave Counseling Center, represented the request. He stated that there was some confusion as to whether this is 401 or 402 Pecan, but the parcel number and the legal description is correct. They feel that the multi - family zoning is more compatible with the surrounding area than the industrial zoning. The activities in the facility are very regimented. MINUTES PLANNING AND ZONING MEETING OF MARCH 18, 1999 PAGE 5 There will be a fence to separate the facility from the surrounding area that will help minimize the likelihood of problems. The traffic impact is fairly minimal. He stated that they have offered the Sanford Police Department some use of the site for a community policing substation. Mr. Skat moved on approval per Staff's recommendations. Seconded by Mr. VonHerbulis. All in favor. Motion carried. Item 2C was to hold a Public Hearing to consider a request for a Conditional Use for property located at 402 Pecan Avenue for the purpose of multiple family dwelling residential. Tax Parcel No: 25- 19- 30 -5AG -0613- 0010 -11; Property owners: Randall E. & Deborah A. Grant: representative: Larry A. Visser, The Grove Counseling Center. Larry Wiser represented this request also. The conditional use request is for the distance between this facility and The Bridge. The Bridge is a little over 750' away. The zoning classification calls for 1200' distance. Mr. VonHerbulis moved on approval per Staff's recommendations. Seconded by Mr. Hipes. All in favor. Motion carried. Item 3 on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1315 W. 1' Street in a GC -2, General Commercial Zoning District, for the purpose of trailer sales (automotive dealer sales). Tax Parcel No: 25 -19 -30 -503 -- 0000 -0090; Property Owners: Reford R & Barbara Glidewell; Representative: John C. Noel - R &D Trailer. John Noel,, owner of R -N -D Trailer, stated that this has been an established business in Sanford and Seminole County for 20 years. He has personally awned this business for almost 7 years. The existing location is 2613 S. Orlando Dr. He stated that they have been asked to get out of the building because another client is taking over. Need to relocate in an area that is exposed. This will not impact any of the people that live on 2nd Street or on the corner of Mangoustine. The owners have given him two options: lease with an option to buy, and at this point, he has to be out before the first of the month and does not have time to make the arrangements for financing to buy it; so he has asked for a lease option. Mr. Neel stated that the owners purchased this property in 1990 and the owner stated that there are no fuel tanks in the ground. No cars will be sold, trailers only. Mr. Gibson expressed attention of the letter from Stephen Walker, which addressed a fear points of concerns most of which has been addressed at Staff level and stipulations of approval. Mr. Skat moved on Staff's recommendations with the caveat that this is strictly for trailer sales. Seconded by Mr. McClanahan. All in favor. Motion carried.. Item 4 on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 3760 Orlando Drive in a GC -2, General Commercial Zoning District, for the purpose of a gasoline service station. Tax Parcel No: 11--20 - 30- 300 - 0260 -0000; Property Owner: Petrocon, Inc.;Representative: MINUTES PLANNING AND ZONING MEETING OF MARCH 18, 1999 PAGE 6 Raymond C. Unterburger, P.E., P.S.M. - Hartman & Associates, Inc. Todd Duplantis with RaceTrac Petroleum of Atlanta, Ga., was present. He stated that this location is an abandoned area and they would like to compliment the area with a Racetrac Service Station. Mr. Skat asked if the CRA was consulted. Mr. Van Gaale stated that it does meet our criteria and that the 17--92 Redevelopment Plan has fallen a little behind on the dollar end of it due to some large takings from the Expressway. It will take a few gears to catch up with funds to be able to do any improvements. we would address at site plan issues to require that the landscaping and those type of policies that are visioned for this corridor. Mr. Robert moved to approve based on Staff's recommendations. Seconded by Mr. VonHerbulis. All in favor. Motion carried. Item 5 was to hold a Public Hearing to consider a request for a Conditional Use for property located at 2613 S. Orlando Drive in a GC -2, General Commercial Zoning District, for the purpose of an above ground fuel storage tank, less than 2000 gallons. Tax parcel No: 01 -20 -30 -504 -1600 -0030; Property Owner: Art Peloso; Representative: Tom Tysl, Prune Leasing. Tom Tysl was present. Mr. VonHerbulis abstained due to construction involvement. Mr. Tysl stated that they are proposing a commercial double walled concrete covered tank that is for their internal use, not for retail sale. The tank is steel covered on all sides with 6" of concrete. It is virtually impervious. It is a professional pump with an automatic shut off, inside controls for emergency shut off. Mr. Robert moved for approval per Staff's recommendations. Seconded by Xr. Skat. Mr. VonHerbulis abstained. All others 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 1919 W. 1 2t Street in a G -2, General Commercial Zoning District for the purpose of automobile and truck repair /automobile dealer sales. Tax Parcel No: 25- 19- 30 -5AG- 0322- - 0410; Property Owner: Estate of Michael R. Sulpizio; Representative: Paul Lanza. Victor Richburg, 1362 Abigail Dr., Deltona, was present representing the owner, Paul Lanza, the owner of Paul's Auto and Truck Repair. He stated that he is handling the design and construction of this project. He has a very good reputation and on occasion does sell used automobiles. Mr. Lanza's main business is repair. The single family residence will be removed and all landscape requirements will be met. Most vehicles will be kept in the building or behind the building. Mr. Richburg stated that they do not have any problems with Staff concerns. Mr. VonHerbulis moved to approve per Staff's recommendations. Mr. Hipes seconded. Mr. Valerino opposed. All others in favor. Motion carried. Item 7 was to hold a Public Hearing to consider a request for a Conditional Use for property located at 3159 S. Orlando Drive in MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 18, 1999 PAGE 7 a GC -2. General commercial Zoning District, for the purpose of a drive axle repair business. Tax Parcel No: 12-20-30- 300 -0100- 0000; Property Owners: Gerald R. Drexa J. Gross; Representative: Wayne Jones. Wayne Jones, of Altamonte Springs, stated that this is a simple and clean operation of replacement and repair of axles on front wheel drives. Mr. McClanahan moved for approval. Seconded by Mr. Skat. A11 in favor. Motion carried. Item 8 was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 196 S. Persinv on Avenue in a GC -2, General Commercial Zoning District, for an increase in fencing requirements: 4' decorative required, 8' chain link requested. Tax Parcel No: 26- 19- 30- 300 - 0046 -OOOO. Property Owner: Kevin Sullivan; Representative: David Myles, III. David Myles, Orlando, business owner of the property, stated that he could have anywhere from $50,000 to $100,000 worth of vehicles at one time. Said he needs the fence for security. There will be no barb wire. It will be a green coated cyclone fence. Mr. Hipes moved on approval per staff's recommendations. Seconded by Mr. Skat. All in favor. Motion carried. The next item was the consideration of the Site Plan for SprirAgHill Suites by NArriot, a proposed 105 room hotel located at 201 North Towne Road, in a PD, Planned Development. Tax Parcel No: 29 -19- 30-300 -011B -0000{ Property Owner: John N. Fountain; Representative; Cochran Scott. Cas Syvoine, Maitland, was present. Mr. Gibson stated that within the last month this Board approved the master plan for the PD including 9x18 parking spaces on this site. Mr. Syvoine stated that he would try and work with Staff to extend the length of the handicap space. Mr. VonHerbulis stated that he would like to see on the west side where there are two handicap spaces, and on the north side there are three handicap spaces, those axees be increased to 20' in length. Mr. Skat moved for approval per Staff's recommendations and with Staff to work with applicant to lengthen spaces to 20 seconded by Mr. Robert. All in favor. Motion carried. Mr. VonHerbulis moved to approve the Minutes of February 18, 1999. Seconded by Mr. Robert. Motion carried. Mr. Robert moved to approve the Minutes of March 4, 1999. Seconded by Mr. VonHerbulis. All in favor. Motion carried. Mr. Skat questioned the soup kitchen. Mr. Gibson stated that in order to establish the soup kitchen aspect, its classified as a restaurant, that is a change of use. Jean Metts has attempted to submit a site plan to accommodate what she claims to be approximately 50 to 60 people at one given time. If she continues to pursue this, the site plan will be forwarded to this commission. There being no further business, the meeting adjourned at 9:30 P.M. Ja s Valerinc, Chairman