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12.03.98City of San ford Planning and Zoning Commission Reaularly Scheduled Meeting 7:00 P.M. Thursday, December 3, 1998 City Commission Chambers, City Hall, Sanford, Florida AGENDA Hold a Public Hearing to consider a request for a Conditional Use for property located at 1606 W. ' Street in a MR-3, Multiple Family Dwelling Residential Zoning District:for the purpose of establishing a boarding house. Tax Parcel No: - 1 - -AG- 0419 -0081 Property Owner/representative: Larry Shearer 2. Hold a Public Hearing to consider a request for a Conditional Use for property located at 2613 Orlando Drive in a GC -2, General Commercial Zoning District for major equipment rental and repair to modify nonconforming structures to permit variance to fence and sign standards. Tarn Parcel No: 01 -20- -boo -1 oC -0030 Property Owner/representative: Art Peluso f 3. Consider the site Plan for Burger sting, a proposed drive -thru restaurant located at 201 French Avenue in a BC -3, Special Commercial Zoning District. Tax Parcel Number: 2 -1 g- o- AG- oo -000 Property Owner: Roy and Cynthia Zimmer Representatives: Gary Hardman, BK Construction Manager; Marc Holder - Holder Engineering 4. Consider the site Plan for Rand Yard Road Warehouse, a proposed 21,330 sq. ft. warehouse facility located at 250 Fund Yard Road in a ICI -1, Restricted Industrial Zoning District. Tax-Parcel Number: 2 1 o AD -0000 -0280 Property Owner: San -Fla Inv Ltd Representative: Tom Ball 5. Tony VanDerworp, City Manager to brief the Commission regarding Planned and Upcoming Economic Development Projects and Related Planning Activities and Projects. 6. Any other business from floor or Commission Members. 7. other 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 needin assistance to participate in any of these proceedings should contact the personnel o ice ADA Coordinator at 330 -5626, 48 hrs in advance of the meeting Planning and Zoning Commission Agenda -J ece ber 3, 1998 MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 3, 1998 7:00 F.M. CITY COMMISSION C CITY HALL, SANFGRD, FLORIDA MEMBERS PRESENT: Mae McClanahan Kevin Hipes Bobby VonHerbulis Jim Valerino Ross Robert Otto Garrett Timothy Hudson Andrew Kutz HERS ABSENT: Michael Skat- excused OTHERS PRESENT: Tay Marder, Director of Engineering and Planning Russ Gibson, Land Development Coordinator Marion Anderson, Recording Secretary Mr. Valerino called the meeting to order at 7:40 P.M. The first item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1606 W. 3rd Street in a MR -3. Multiple Family Dwelling Residential Zoning District for the purpose of establishing a boarding house. Larry Shearer, 1606 W. 3rd Street, Sanford, was present for representation. He stated that this is a single family dwelling. There are three unrelated people living in the house. He was cited by the City because the Police showed up for a disturbance and they reported it to Code Enforcement. He stated that he and two other people live here and it is a three bedroom house. He noted that he did not know the definition of a boarding house. Mr. Marder explained that the City's definition of a boarding house includes various facilities, such as a lodging house, rooming house, bed and breakfast, dormitory, paternity or sorority house. This request would probably fall within what we define as a lodging house, which is an overall boarding house, in which up to four sleeping rooms are provided for occupancy by persons with or without meals for compensation. Mr. Shearer explained that he is a single person with no family, and that the two other people living in the house do not have families either. There are three single people living in house. Mr. Shearer stated that his plans are to build on the property, but that he needed to pay the house off first. Mr. Marder explained that there is a provision in the Code that requires that there be 700 square feet in a single family dwelling in a multiple family zone. This house has 672 square feet. It is considered a lawfully existing nonconforming structure, for single family. Mr. McClanahan stated that people are staying here and paying to stay here. There is no enforceable code that says an owner of a property cannot have unrelated people visiting. The problem here MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 3, 1998 PAGE 2 is that they are paying, this makes it illegal. Elfriede Kruk, 351 Mulberry Avenue, spoke in opposition. she stated that she is kept up all night long. She has spoken with the neighbors and they have decided to call the Police each time something happens. There is a lot of disturbances from this residence. There is loud music, door slamming, and rather loud talking. There are too many people living here. She stated that there is a horendous amount of traffic going on, building going on, and its really disruptive. Ms. Kruk stated that she doesn't mind apartments or duplexes. Mr. Marder stated that the other dwellings immediately adjacent to this site are single family and the character of the area, immediately to this site, is single family. The house is small and not one that one would think of as being a boarding house, it is not set up for that purpose. He stated that he recommended that the applicant be allowed to use the existing dwelling unit, even though it is undersized, as one unit of a two family dwelling. He can put another unit on that site. Mr. McClanahan moved, in accordance with Staff's recommendation, to deny of the request to establish a boarding house in MR -3, Multiple Family Residential Zoning District, based on smallness and nonconforming size of existing dwelling, the ability to establish a multiple family dwelling on the site by right, and existing single family character of the immediate area. Seconded by Mr. VonHerbulis. Mr. McClanahan stated that the reason he left out the rest of Staff's recommendation is because he thinks it is premature to consider that or to approve it in advance until it comes in and if at the time it comes in for a duplex, then it can be addressed. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 2613 Orlando Drive in a GC -2. General commercial Zoning District for major equipment rental and repair to modify nonconforming structures(s) to permit variance to fence and sign standards. Art Pelosa, 2613 Orlando Drive, stated that basically this is the same type of business that is being conducted there now. There are sales and rental of equipment, and a body shop. They would like to combine this into a one tenant business and put in a national company, Prime Leasing. They will clean up the property, take down a lot of the all signage, and clean up the front of the property. This use will fit in with the City's desire to beautify the 17 -92 corridor. Mr. Pelosa stated that the neighbors were concerned about the fencing and the privacy fencing will remain. The fence will be 8' and he will maintain the landscaping. Mr. Garrett questioned sidewalks along Hiawatha. Mr. Pelosa stated that there aren't any sidewalks planned in the area right now. Eventually they will be, and they will be happy to cooperate at that tim . Mr. Peloso stated that they are asking for a right -of -way use permit for the green areas. Mr. Marder stated that right now they would like to use the site the way it is to the edge of the property line. Based on the way it looks, the applicant could request a right -of -way use permit to MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 3 1998 AGE 3 landscape the right -of -way adjacent to their property, approximately a 5 foot strip. Mr. Marder stated that we do have plans to make sidewalks on 17 -92. Mr. Peloso stated that the existing car wash will be changed from public to private and the parking lot on the west side will be used for customer parking only. Mr. Marder noted that a variance is needed if the face of the sign is changed. The sign would have to conform, 1005, to City Codes. Johnny Elam, 2635 S. French Avenue, stated that she is in favor as long as the privacy fence remains and that he plants and maintains shrubs on the east side. Mr. VonHerbulis moved on approval to include Items 1 2, and 3 of Staffs recommendations. Seconded by Mr. Hudson. All in favor. Motion carried. Next on the Agenda was to consideration of the Site Plan for Burger King, a proposed drive- -thru restaurant located at 201 French Avenue in a SC -3, Special Commercial Zoning District. Allan Corwick, Burger King Corp., and Nark Holder, Holder Engineering, were present. Mr. Corwick stated that they have gone through substantial reworking of the original site plan and elevations of the building with the Historic Preservation Board. At its last meeting, the Historic Preservation Board approved everything unanimously. This project will be very much in keeping with the historic area. Mr. Robert moved on approval. Seconded by Mr. Hipes. All in favor. Motion carried. Next on the Agenda was to consider the Site Plan for Rand Yard Road Warehouse, a proposed 21,330 square foot warehouse facility located at 250 Rand Yard Road in a RI -1, Restricted Industrial Zoning District. Torn Ball, 213 Shady Oaks circle, Lake Mary, stated that he has no problems with Staff's request of a 20' dedication along Rand Yard, instead of 15 Mr. Ball noted that he is the owner of the property as of Tuesday. Mr. Ball stated that this is a 55 acre project and Southeast Fire Sprinklers is the first user. This building will be a manufacturing building. Also, there will be a 15 to 20,000 square feet office building, that will be the second building. A truck well will be inside the building. Mr. Robert moved on approval. Seconded by Mr. VonHerbulis & Mr. Hipes. All in favor. Motion carried. Next on the Agenda was a briefing by the City Manager regarding planned and upcoming economic development projects and related planning activities and projects. Mr. VanderWorp stated that the City has 10% of its population in Seminole County, but the City has 25% of the people living at or below the poverty level living in the City. The City has a tax rate of 6.87 mills. Our budget is a $40.8 million budget and out MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 3, 1998 PAGE 4 of this $40 million, 6.46 million comes from taxes, the rest comes from fees, revenue sharing, franchise fees, stormwater fees, and utility fees. Approximately, 6.1 million of all the funds taken in from our tax base, goes to pay for just the Police Department. He stated that we have 1,000 publicly assisted housing units in the City, both public and private, nonprofit. 8 -1/2% of all of our housing in the City does not pay any taxes. Sanford is the oldest City and it has the oldest infrastructure. Mr. VanderWorp stated that these are some of the factors that we need to consider as the Planning and Zoning Commission when we make decisions about development and when we're asked to look at evaluation and appraisal reports and everything else we do. Some things going on in the City include the Conference and Hotel Center which is a major economic driver. The Historic Memorial Stadium, in which we're working very strongly with the Orlando Sports Commission. Mike Kirby is on the Board and their marketing efforts may be able to do a fund raiser to get this going. The Marina leases, upgrading of the parking lot, fixing the shore Line so that we can get the Regatta back, are in the works. The Downtown Co=aercial Historic District, the Central Florida Regional Hospital, the $1.7 million Riverwalk project are all major assets. The Zoo is developing a major expansion plan which includes their own major fund raisers. The Towne Center has generated spin -off tax benefits for the City and with the new 46A Interchange, it will make this area more visible. A meeting has been held and another meeting has been scheduled with Mica for a multi -modal facility proposed to be in the area of the Railroad site. The Greeneway will be a major economic driver for the City. The High School has three career programs. The City will receive a half million dollars in funding from the County for a $1 million pool, another community asset. The city has funded a $17 million reclamation facility through a low interest state loan. We have met with the County to expedite the Lake Mary Blvd. extension. The Department of Defense facility that Mica wrote to us about, has some 700 jobs. The County is funding a study for us to look at for a transportation network. That study /scope has been sent to the County and that will be underway the next couple of weeks. We are looking at an overlay zoning district along 46 to make sure that quality standards are both from a private development standpoint and a public standpoint. Lake Mary Blvd. will be used as an example. This will attract quality development. Mr. VanderWorp stated that the City is looking at cleaning up all the unincorporated County areas that are within the city limits. We are looking at a referendum type procedure to go outside some areas where we may be able to provide water and sewer services. Mr. Marder stated that the City is putting forth a contract with Solin and Associates to prepare the Evaluation and Appraisal Report Amendments to the Comprehensive Plan. This Commission passed the Evaluation and Appraisal Report which evaluates all M PLANNING AND ZONING COMMISSION MEETING OF DECEMBER S, 1998 PAGE 5 the areas of the city from a physical land use planning and economic standpoint. The coming year you will have the opportunity to review the actual changes to the Plan. There being no further business, the meeting adjourned at 9:00 P.M. r V - a.." 0 1�es R. Valeri no. Chairman