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01.02.97City of Sa nford Planning and Zoning Commission Regularly Scheduled Meeting 7 :00 P.M. Thursday, January 2, 1997 City Commission Chambers, City Mall, Sanford, Florida AGENDA Hold a Public Hearing to consider revisions to Sanford's Land Development Regulations including the regulation of Communication Towers in Schedule S, Permitted Uses, and Schedule E, Additional Requirements for Specific Uses. 2.A Hold a Public Hearing for a Small Scale Amendment to the City of Sanford Comprehensive Plan amending the Future Land Use Map from LDR, Low Density Residential to NC, Neighborhood Commercial for property located at 200 Art Lane in a AG, Agriculture Zoning District. The Planning and Zoning Commission's recommendation will be considered at the City Commission's public hearing on this matter scheduled for Monday, January 13, 19970. Parcel Number: 10- 20- 30- 300 -0190 -0000 Owner /representative: Dale F. Richardson 23 Hold a Public Hearing to consider a request to rezone property located at 200 Art Larne from AG, Agriculture to that of RC -1, Restricted Commercial. (TABLED: 12/19/96) Parcel Number: 10- 20 -30- 300 -0190 -0004 Own erlrepresentative: Dale F. Richardson 3. Hold a Public Hearing to consider a request for a Conditional Use for Napoli's Pizza & Italian Restaurant located at 1120 State Street in a GC -2, General Commercial Zoning District, for the purpose of BW -COP, the sale of beer and wine for consumption on premises. Parcel Number: 01- 20 -30- 512 -0000 -4210 Owner: Sanford Plaza Inc. of Deltona - Stanley Smith Representative. Muhammad A. Deis 4. Hold a Public Hearing to consider a request for a Conditional Use for Links Auto Sales for automotive dealer sales and a Variance for required setback for outdoor display located at 1111 French Avenue in a GC -2, General Commercial Zoning District. Parcel Number: 25- 19- 30- 5AG - 1308 -0090 Owner: Donald W. Fyock Representative: Edward C. Link 5. Hold a Public Hearing to consider a request for a Conditional Use for AMVETS Post #17 to be located at 410 Sanford Avenue in a GC -2, General Commercial Zoning District for the purpose of AB -COP, the sale of alcoholic beverages for consumption on premises. Parcel Number 25- 19- 30- 5AG - 0501 -0030 Owner: Wendell Agee Representative: Freddie Mobley 5. Hold a Public Hearing to consider a request for a Conditional Use for D R Lee Oil Co,, Inc. located at 2425 French Avenue in a GC -2, General Commercial Zoning District for the Purpose of truck rental. Parcel Number: 36- 19 -30- 538 - 0000 -0130 Owner representative: Donald R. Lee 7. Hold a Public Hearing to consider a request for a Dimensional Variance for Southern Stock property located at 500 French Avenue in a GC -2, General Commercial Zoning District, for the purpose of a reduction in front yard setbacks. 25' required, 0' proposed, a variance of 25. Parcel Number: 25- 19 -30- 5AG -0710 -0050 Owner /representative: Jeff Dill - Southern Stock 8. Any other business from floor or Commission Members. 9. L 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 -5626, 48 hrs in advance of the meeting. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 2, 1997 �} 7 :00 P.M. CITY C OMMISSION CHAMB CI HALL, SANFO FLORIDA Otto Garrett Helen Stairs Ross Robert Michael Skat Jim Valerino Leon Brooks Mac McClanahan MEMBERS ABSENT: Ben Dyal Lynn Stogner- excused OTHERS PRESENT: Jay Marder, Director of Planning and Development Marion Anderson, Recording Secretary Mrs. Stairs called the meeting was called to order at 7 :00 P.M. First on the, Agenda was to hold a Public Hearing to consider revisions to Sanford's Land Development Regulations including the regulation of Communication Towers in schedule B, Permitted Uses and Schedule „E.t Additional Requirements for Specif Uses Mr. Marder stated that if the Commission feels it is appropriate, that the Commission recommend that the provisions be adopted by the City Commission. There was no one present in the audience to speak in f avor of or against the revisions to the Land Development Regulations. Mr. Valerino asked regarding Modification F, if the tower can be increased an additional 20' in height without approval. Mr. Marder stated "Y Mr. Robert recommended to recommen to the City Commission that the revisions be adopted. Seconded by Mr. Skat. Mr. Skat questioned the maximum height on towers. Mr. Marder stated that a height limit is not being proposed. Seminole County will put in a maximum height of 200' in the zoning classifications where towers would be permitted by right. This commission is in a position to add a height limitation if it so desires. Mr. Skat stated that he is worried about not having a maximum height limit if the tower is to be in an industrial zone. He stated that on the height issue, he would like to see Sanford run as concurrent with Seminole County as it possibly can. Mr. Skat also stated that he is concerned with what will happen as far as distance bordering residential, and there is a latitude of 20' which places 60 of the space that they would need to have to comply with the residential 300% rule. Mr. Marder stated that, they would still have to comply with the separation. Mr. Robert withdrew his motion and Mr. Skat withdrew his second. Mr. Robert recommended to recommend approval to the City Commission with the proviso that a height limit of 200' be maximum within the permitted categories. Seconded by Mr. Skat. Mr. Valerino stated that it should be inserted into Modification 'provided it still complies with the standards set in A ". Mr. Robert amended his motion to include all other criteria be met in Section A. Seconded by Mr. Skat. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing for a small Scale Amendment to the City of Sanford Comprehensive Plan amending the Future Land Use Map from LDR, Low Density Residential to NC, Neighborhood Commercial for property located at 200 Art D ane in a AG, Agriculture Zoning District. The Planning and Zoning Commission's recommendation will be considered at the City Commissions public hearing on this matter scheduled for Monday, January 13, 1997. Parcel Number: 10- 20 -30- 300 -0190 -0000; Owner/representative: Dale F. Richardson. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 2, 1997 PAGE 2 There was no one present to speak in f avor of or against this request. Mr. Skat moved to table. Seconded by Mr. Robert. Mr. Valerino stated that he didn't think this commission should table this item because the next item had been tabled. His position was to deny this request. Mr. Skat withdrew his motion and Mr. Robert withdrew the second. Mr. Valerino moved to deny the request based on the recommendation of staff which is contained in Paragraph 8 of Recommendations of Jan 2, 1997. Seconded by Mr. Skat. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request to rezone property located at 200 Art Lane f rom AG, Agriculture to that of RC -1, Restricted Commercial. (TABLED: 12/19/96). Parcel Number: 10- 20 -30- 300 -0190 -0000; Owner- representative: Dale F. Richardson. Mr. Robert moved to remove from the table. seconded by Mr. Skat. All in favor. Motion carried. Mr. Valerino moved to deny based on Staff's recommendation contained in Paragraph 8 of the Recommendations of the meeting dated Jan 2, 1997. Mr. McClanahan seconded. All in favor. Motion carried. The next item was to hold a Public Hearing to consider a request for a Conditional Use for Napoli's Pizza & Italian Restaurant located at 1120 State Street in a GC -2, General Commercial Zoning District, for the purpose of BW -COP , the sale of beer and wine for consumption on premises. Parcel Number: 01- 20 -30- 512 -0000 -0210 Owner: Sanford. Plaza Inc. of Deltona - Stanley Smith; representative: Muhammad A. Deis. Judy Klepal, 113 Rosecliff Circle Sanford, was present to represent this request. She stated that this is the same type license as was at the old location. Mr. Skat moved to approve. Seconded by Mr. Robert and Mr. Brooks. All in favor. Motion carried. Hold. a Public Hearing to consider a request for a Conditional Use for Links Auto Sales for automotive dealer sales and a Variance for required setback for outdoor display located at 1111 French Avenue in a GC -2, General Commercial Zoning District. Parcel Number: 25- 19-30- SAG - 1308 - 0090; owner: Donald W. Fyock; Representative: Edward C. Link. Edward Link, owner of Link's Auto Sales at 2220 French Ave. He stated that he would like to close the front driveway to use as the frontage and use the side entrance as the entryway. If this request is approved Mr. Link will obtain from DOT a letter stating that he did not have to comply with Item B of Staff's recommendations (attached). Mr. Link stated that he is asking for approval to have up to 12 units instead of the 6 Staff is recommending. Mr. McClanahan moved that the request be granted with a 5' setback and the other conditions that are setforth be adhered to with up to 10 automobiles. Seconded by Mr. Robert. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for AMETS Past #17 to be located at 410 Sanford Avenue in a GC -2, General Commercial Zoning District for the purpose of AB -COP, the sale of alcoholic beverages for consumption on premises. Parcel Number: 25- 19- 30 -5AG- 0601 -0030; Owner: Wendell Agee; Representative: Freddie Mobley. Freddie Mobley, 1816 S . Summe.rlin Ave., Commander of Amvets Post 17, was present and stated that this is a nonprofit organization. This post visits veterans in hospitals, participates in parades, and teaches Junior Amvets patriotic duties and participates in civic functions. They would like to open a club. He stated that MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 2, 1997 PAGE 3 they will be leasing the property from Mendell Agee. Mr. Mobley stated that they would probably be open on weekends only. It would not be open to the public. It would be open to members and people that are qualified to be a member or a guest of a member. There are 50 in the rear for parking, not including the alley. George Lopez, 411 Sanford Ave., stated that he had a petition against the sale of alcoholic beverages. He did not know that this club would be for members only. He is worried about prostitutes and drug dealers. Linda Kuhn, 306 E. 4th Street, stated that she is concerned with residential properties that back up to this property. She feels that this club would create problems. Martha Wells, 500 Palmetto Ave., stated that she does not have a problem with the Amvets getting a liquor license. Her problem is with the location. With t e problems they have had in this area, this would not be the wise t decision. She is worried about loud music and parking. This is not appropriate being so close to residential. Oswaldo Otero, 409 Palmetto, stated that he has been fighting prostitution and drug dealers for 6 years. He believes this would create more problems. Leon Reed, 404 Palmetto Ave., stated that other Amvets, and VFW Posts have open to the public signs. He stated that the residents do not want this. Walter Dixon, member of the Amvets, stated that they would probably curtail some of the problems. He feels that if the Amvets occupy the building, the Police would patrol more. They will not have undesirables hanging around the building. Mr. Robert moved to approve with the provision for a period of 2 years, to be revisited, and that it be specific to Amvets Post 17. Seconded by Mr.- Brooks. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for D R Lee oil Co., Inc. located at 2425 French Avenue in a GC -2, General Commercial Zoning District, for the purpose of truck rental. Parcel Number: 36- 19 -30- 538 -0000 -0130; Owner /representative: Donald R. Lee. Donald R. Lee, owner - operator of Highway Mart, 2425 French Avenue, stated that his request is for U -Haul truck rental which will be located on the back of property. All access will be on 24th Street. He stated that he did not have any problems with Staff's recommendations except for the requirement of paved parking for trucks. Hard- -pan is in the rear and gas deliveries are made from this area. Mr. Lee did not feel he should have to pave. Mr. Marder stated that this is an existing use that was picked up as a code violation. There are no improvements and no planned traffic circulation. Mr. Marder stated that the accessways and rain traffic circulation should be paved. Mr. Lee stated that at any given time, he anticipates having no more than 4 or 5 trucks and 2 trailers on the site. Mr. Skat moved to approve. Mr. Brooks seconded. All in favor. Motion carried. The next item was to hold a Public Hearing to consider a request for a Dimensional Variance for Southern Stock property located at 500 French Avenue in a GC -2, General Commercial Zoning District, for the purpose of a reduction in front bard setbacks. 25' required, 0' proposed, a variance of 25 Parcel Number: 25- 19- 30 -5AG -0710 -0060; Owner /representative: Jeff Dill - Southern Stock. Jeff Dill, 500 French Avenue., stated that he had read Staff's. recommendations and that he has no problems with them. Mrs. Stairs MINUTES PLANNING AND ZONING COJNMISSION MEETING of JANUARY 2, 1997 PAGE 4 pointed out that Staff has recommended a variance of 15 rather than 0' and asked Mr. Dill if this was O.K. Mr. Dill stated "yesq ?. Mr. Skat moved to approve based on Staf f ' s recommendations. Seconded by Mr. Brooks. All in favor. Motion carried. There being no further business, the meeting adjourned at 8:30 P.M. Helm Sta' , Chairperson ii i I i LL r. From the Director of Planning and Development December 27, 1996 TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of January 2, 1997 RICHARDSON - SMALL SCALE COMPREHENSIVE PLAN AMENDMENT - Request to amend the Future Land Use Plan Map of the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Neighborhood Commercial for property located at 200 Art Lane. 1- Land area in acres: 1 acre 2. Existing Use: Single Family Dwelling 3. Adjacent Use: Single family dwellings to north, immediately south and east. Wetlands to west. Day care and neighborhood retail shopping and office adjacent to Lake Mary Boulevard south of site. 4. Existing Land Use Designation: Low Density Residential as depicted in the Seminole County Comprehensive Plan'. 5. Proposed Land Use Designation: Neighborhood Commercial 6. Water Sewer Drainage, Solid Waste Traffic and Recreation Water - Total potential potable water demand will be 753 gallons per day (Based on 2.34 persons per ERU, 1990 U.S. Census relationship, times 161 gallons per capita per day). Site is estimated to equal 2 ERU's. Sewer - 688 gallons per day ( ERU's times 2.34 persons times 147 gal lons /capita/day). Drainage - Adhere to 25 year, 24 hour LOS; outfall to wetlands to west. Solid Waste - 16 pounds of solid waste per day (Based on 3.51 pounds per capita for non residential use). Traffic - Total traffic impact of 25 average daily trips (ADT's) based estimate of 2,400 square feet maximum per office in an RC -1, Restricted Commercial zoning district and 12.3 average daily trips per 1,000 square feet of general office. Recreation - No impact for non - residential uses. Summary: Potential facility impacts would not adversely effect facilities based on level of service for facilities established in the Comprehensive Plan. 7. Evaluation - The site was annexed in October, 1994. The site is designated as Low Density Residential.' The property immediately to the south of the site is designated Neighborhood Commercial as are other properties that are located south of Meadow Street. Meadow Street constitutes an established boundary line between residential and non - residential uses in the immediate area. There is approximately four hundred (400) feet between Meadow Street and Lake Mary Planning Recommendations - Page 1 Boulevard. Designating the subject site as Neighborhood Commercial would change the Future Land Use Plan Map policy in the immediate area. The Neighborhood Commercial - designated property immediately south of the site appears to be utilized as a single family dwelling. Other property designated Neighborhood Commercial between Meadow Street and the existing neighborhood shopping center (Bayhead) is vacant at the present time. 8. Recommend denial of the proposed amendment of the site from Low Density Residential to Neighborhood Commercial on the Future Land Use Plan Map in the Future Land Use Element of the Comprehensive Plan. This recommendation is based on the established single family residential character of the immediate area surrounding the site, adequate depth of Neighborhood Commercial land use designation already established adjacent to Lake Mary Boulevard and continuation of Meadow Street as an established boundary between residential and non - residential uses in the immediate area. RICHARDSON - REZONE - Request to rezone from AG, Agricultural to RC -1, Restricted Commercial for property located at 200 Art Lane. 1. Site is Zoned AG, Agricultural, contains approximately 1 acre and includes a single family dwelling. 2. Uses adjacent to site include single family dwellings and wetlands, all of which are zoned AG, Agriculture (City) or A -1, Agriculture (unincorporated). Various commercial uses are located south of site including a day care facility and a neighborhood shopping center, all of which are Zoned RC -1, Restricted Commercial. 3. Requested rezoning requires an amendment to the Future Land Use Plan Map of the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Neighborhood Commercial. 4. Meadows Street appears to constitute a boundary separation between residential and non - residential land use designations. 5. For potential facility impacts see immediately above request. 6. Recommend denial of the request to change from AG, Agriculture to RC -1, Restricted Commercial based on already- established single family residential character of the immediate area surrounding site and the established boundary between residential and non - residential land use designation and zoning in the immediate area. DEIS- NAPOLI'S - Recommendations not provided for alcoholic beverage requests. Planning Recommendations - Page 2 LINKS AUTO SALES - Request conditional use approval to permit automobile dealer sales and a dimensional variance for outdoor display for property Zoned GC -2, General Commercial located at 1111 French Avenue. 1. Site is Zoned GC -2, General Commercial and includes an existing building and existing parking- traffic circulation areas. Site is a corner parcel fronting French Avenue and 12th Street. 2. Uses adjacent to site include various automobile- oriented uses, a fraternal association and retail commercial uses. 3. Recommend approval of the request to establish truck sales /automobile dealer sales based on similar uses already established in the immediate area provided that the following conditions are met: a. Up to a maximum of 6 automobiles for sale shall be located on the site on only existing concrete areas shown on site plan submitted by applicant. Site shall also maintain a minimum of two parking spaces for customer and employee parking, one of which being designated for handicap parking. b. To the extent feasible, the site shall be redeveloped to meet existing LDR requirements including but not limited to the following: all outdoor display of vehicles for sale shall be setback at least 15 feet from all street rights - of -way; removed driveway on French Avenue shall be restored including curb, sidewalk and landscaping to Florida D.O.T and City standards. AMVETS /MOBLEY /AGEE - Recommendations not provided for alcoholic beverage requests. D.R.LEE - Request conditional use approval to permit truck rental for property Zoned GC -2, General Commercial located at 2415 French Avenue. 1. Site is Zoned GC -2, General Commercial and contains a gasoline service station on the westerly half of the property. Existing improvements do not comply with existing development standards including but not limited to access, setbacks, landscape and drainage. 2. Uses adjacent to the site include automobile service, restaurant and general retail services. 3. Site is located several hundred feet north of the intersection of State Road 46125th Street and U.S. Highway 17 & 92 /French Avenue. Per observation, automobiles do not have adequate distance /space to ingress and egress the site from French Avenue, a situation which causes automobiles to remain in the through traffic lanes thus causing a hazardous traffic condition on a major arterial roadway. Planning Recommendations - Page 3 4. Recommend approval of the request to establish truck rental based on existing automotive uses already located in the immediate area provided the following conditions are met: a. To the extent feasible, the site shall be made to conform to the Land Development Regulations. Landscape and drainage facilities shall be added as well as other appropriate improvements. b. Site access shall be revised. Specifically, access from French Avenue shall be limited to right -in -only. All other ingress and egress shall occur on West 24th Place or the existing north -south alley located on the east side of the property. All access and parking areas shall be paved. Curb cuts and driveways that are not incorporated into approved access points shall be closed and curbing shall be reconstructed to insure adherence to approved site plan. SOUTHERN STOCK - Request dimensional variance to site yard building setback for property Zoned GC -2, General Commercial located at the southwest corner of French Avenue and 5th Street. 1. Site is Zoned GC -2, General Commercial and is presently fenced with chain link material. Site received a conditional use permit to display boats. 2. The property is a corner parcel that by definition includes two front yards, one on French Avenue and one on 5th Street. I Various chain link fences are located in the immediate area of the site in various configurations and relationships to property lines. 4. Recommend that a dimensional variance of fifteen (15) feet rather than zero (0) feet be granted in order that a ten foot wide landscape buffer from the right -of- way in conformity with LDR standards and criteria be provided. To date, the site has not been amended into the City's Comprehensive Plan. The City does not have an annual comprehensive plan amendment process because there have been few requests to amend the Future Land Use Plan Map. Per Joint Planning Agreement with Seminole County, the City has regulatory jurisdiction immediately upon annexation. Usually when there is no desire to change the Future Land Use Plan Map from a designation established by Seminole County, the City applies and regulates the property according to County land use designation and equivalent City zoning district. Similarly annexed properties (since 1994) will be incorporated into the City's Plan when the Evaluation and Appraisal Report is adopted. Planning Recommendations - Page 4