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10.19.95FROM THE LAND DEVELOPMENT COORDINATOR October 12, 1995 TO: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, 7 :00 P.M., Thursday, October 19, 1995, in the City Commission Chambers, City Hall, Sanford, Florida. AGENDA 1. Hold a Public Hearing to consider a request to Rezone property located as the southside of S.R. 46 between Oregon Avenue and Towne Center Blvd., north of North Towne Blvd., from PD and GC -2, Planned Development and General Commercial, to that of PD, Planned Development. Owners: ACI Income Fund, Seminole Towne Center Ltd., Sanford Venture Ltd., Mobil Oil Corp. Representative: James G. Willard, Agent 2. Hold a Public Hearing to consider a request for a Conditional use for property located at 2465 and 2467 Park Avenue in a GC -2, General Commercial Zoning District for the purpose of open air yard sales for used merchandise. Owner/representative: George W. Currie 3. Consider the Preliminary Subdivision Plan for Mayfair Club Estates located at 4000/4001 Country Club Road in a PD, Planned Development Zoning District. Owner: Mack N. Cleveland and Patricia T. Stenstrom Representative: Udo Garbe, Park Avenue Development 4. Consider the Site/Engineering Plan for expansion /renovation to the Seminole County Public Health Center located at 400 West Airport Blvd. in a MR -3, Multiple Family Residential Zoning District. Owner: Seminole Board of County Commission Representative: Rusty Zimmerman, WBQ Design & Engineering 5. Consider the Preliminary Subdivision Plan for ACI Income Fund PD, located at 4593 W. 1st Street (SW corner Towne Center Blvd. & SR 46) in a PD, Planned Development Zoning District. Owner: ACI Income Fund, Ltd. Representative: James G. Willard 6. Any other business from floor or Commission Members. 7. Reports from Staff. S. Minutes. 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 IFS 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 OCTOBER 19, 1995 CITY COMMISSION CHAMBERS 7:00 P.M. MEMBERS PRESENT: Lynn Stogner Ross Robert Jim Valerino Michael Skat Helen Stairs Mac McClanahan Mark Platts Leon Brooks MEMBERS ABSENT: Ben Dyal OTHERS PRESENT: Jay Marder, Director of Planning and Development Marion Anderson, Recording Secretary Mrs. Stairs called the meeting to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider a request to Rezone property located as the southside of S.R. 46 between Oregon Avenue and Towne Center Blvd., north of North Towne Blvd., from PD and GC -2, Planned Development and General Commercial, to that of PD, Planned Development. Owners: ACI Income Fund, Seminole Towne Center Ltd., Sanford Venture Ltd., Mobil Oil Corp. representative: James G. Willard, Agent. Mr. Marder noted that there was a flaw in the advertisement and that it would have to be readvertised before the Commission could consider it. However, the applicant wanted to come and explain what is being planned for the area. He noted that the Public Hearing for this request would be heard on the 16th of November. Mr. Marder stated that the Commission could look at Item No. 5 on the Agenda, consideration of the preliminary subdivision plan, subject to rezoning. Mr. Marder stated that the problem in the advertisement was that Seminole County had said the existing zoning for the GC -2 parcel was zoned Al, Agricultural. The City converted it to AG, Agricultural. It was found that the gas station was really zoned C2 and should have come into the City as GC -2. The City Attorney says that because of the AG zoning classification placed in the ad, it has to be readvertised. Mr. Marder stated that the City Commission will hold its first reading in November, before Planning and Zoning Commission's official recommendation. At their second public hearing, they should have this Commission's recommendation. The Commission unanimously agreed to hear the applicant on Items 1 and 5. The fifth item on the Agenda was the consideration of the Preliminary Subdivision Plan for ACI Income Fund PD, located at 4593 W. 1st Street (SW corner Towne Center Blvd. & SR 46) in a PD, Planned Development Zoning District. Owner: ACI Income Fund, Ltd.; representative: James G. Willard. Jim Willard, Shutts & Bowen Law Firm in Orlando stated that he was present representing the development. The property is on the south side of SR 46 just north of the new Mall and consists of approximately 5 acres. He stated that his clients' intentions are to replan and replat it into 4 lots for 4 different uses. Road access will be on all four sides. Internal road access will be designed to push the cars out onto North Towne Road. Mr. Willard stated that they are in agreement with Staff's recommendations. MINUTES PLANNING AND ZONING COMMISSION MEETING ON OCTOBER 19, 1995 PAGE 2 Mr. Marder stated that Staff, subject to final engineering. basically, recommends approval Mr. Willard explained that the power easement is still there, above ground, and that because of the power easement, buildings were specifically located to the east and to the west. Stormwater will go south to the existing retention pond. An existing culvert under North Towne Road will take the drainage. Mr. Willard explained that easements and covenants will be recorded. Each parcel will come in for site plan review at which time landscaping and open space can be addressed. He stated that he would calculate and advise the Commission on the reduction of open space at the November 16th meeting. After meeting with DOT, he found out that DOT has plans to improve the I -4 interchange, at which point Oregon Avenue may be no more, as part of a redesign of this interchange. Mr. Marder explained that DOT has placed this interchange on the five year Transportation Improvement Program to do a design study. Seminole County and DOT, and the City are cognizant and will. make sure it will be very carefully analyzed. He stated that it is high on the list of the funding category. Mr. Marder stated that Mr. Willard's group would be able to give the Commission more details at the next meeting regarding traffic. Mr. Stogner moved to table Items 1 and 5. Seconded by Mr. Platts. 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 2465 and 2467 Park Avenue in a GC -2, General Commercial Zoning District for the purpose of open air yard sales for used merchandise. Owner /representative: George W. Currie. Larry Blair, 407 W. 25th Street, was present for representation. He stated that there have been problems with yard sales and open air displays throughout the City. He stated that the owner plans to use the north side of the parking lot to rent out 33 10x10 spaces on Saturdays and Sundays from 8:00 a.m. to 4:00 p.m. with a cost of $5.00 per day. He stated that the property to the south is also under the same ownership and plans are to install restroom facilities in this location. Mr. Blair stated that there will be an attendant both days. Spaces for rent will be advertised in the local paper. Mr. Blair stated that the property is zoned GC -2 and all contiguous . property is zoned the same including 200' to the north and the property to the west. There are ingress and egress on 3 -sides of the property. There will be no display outside of the buffer zone. Two buildings will effectively hide the site from the street. He stated that there is no intention to detract from site. The owner's hope is to cut down on neighborhood yard sales.. This is an alternative to yard sales and outside display. The market for this type of venture will dictate success or failure. Mr. Stogner asked how would this benefit Sanford. Mr. Blair stated that it would discourage home yard sales and perhaps do away with sidewalk displays because of one central location. Mr. Stogner asked what would happen if it rains. Mr. Blair stated that they could possibly do overhead roofing at some point. Mr. Platts questioned the buffer. Mr. Blair stated that if this is a problem, the owner could provide some type of buffer. Mr. Ross asked if it was the owner's intention to put up a 6' wood fence on the north side to keep cars off the grassy lot to the north. Mr. Blair stated that the owner doesn't own the property to the north. If this is a problem, the owner could put in a buffered fence. In opposition to the request was Elmer Rusher, resident across the alley. He stated that. he has concerns regarding 33 yard sales from the community. This will not help the neighborhood. This will not be anything good. He stated that he can imagine cars parked all MINUTES PLANNING AND ZONING COMMISSION MEETING OF OCTOBER 19, 1995 PAGE 3 along the alley behind his house. The City needs to improve its image. Mr. Rusher stated that an open air market will not do Sanford any good. Dr. Robert Smith, 2425 Park Ave., was present and in opposition to the request. He stated that he is a 37 year resident. He has operated a medical office at 2425 Park for 35 years. His family picks up trash on Park Avenue from 25th Street to 13th Street. This area is sort of a gateway to historic Sanford. Both to the north and south are established churches.. This is not an appropriate use for the area. The resident at 2448 Palmetto Ave. stated that she disagrees with the concept and the idea of the request. She has four children that play outside. She has concerns regarding the traffic in the alleyway. She stated that she would like to keep the area quite. Mr. Blair stated that there will not be parking along the alley. Mr. Currie has 75 parking spaces on his property, and there will not be a parking problem. Mr. Stogner moved to deny based on Staff's recommendations. Seconded by Mr. Valerino. All in favor. Motion carried. The next item on the Agenda was the consideration of the Preliminary Subdivision Plan for Mayfair Club Estates located at 4000/4001 Country Club Road in a PD, Planned Development Zoning District. Owner: Mack N. Cleveland and Patricia T. Stenstrom; representative: Udo Garbe, Park Avenue Development. Hal Marston, 535 N. Park Ave., Winter Park, stated that the plan reflects the concept that was provided at the zoning hearings. It is the result of a number of comments with Staff. The Plan also reflects Staff's input to comply with the Land Development Regulations and in some cases to exceed the requirements. He stated that this is the best plan and most compatible use for this project. The final plan still has to be approved. Mr. Robert asked if the retention pond, the connection between the west and east pond, is gravity. Mr. Marston stated that this is a situation that will be providing a gravity situation. The final engineering will have to be approved by the Water Management District, at a preliminary stage. The two retention ponds are connected. He stated that they have tried to provide, in this process, some relief to the inundation and some relief to the southwest portion of this property and at the Golf Course. Mr. Robert asked if there is to be, back of the west retention line, a berm or grade line. Mr. Marston stated that there is to be additional capacity provided and that it would drain dawn. Mr. Stogner questioned the height of the buildings, noting that some are listed as two stories. He asked if the Commission would be approving four two -story homes. Mr. Marston stated that the 35' height is typical for single family residences. Most are ranch style homes that will provide for the ability for an over the garage type structure. 35' is fairly standard. Mr. Stogner asked Staff if it is standard for developers to put in the plans for two story homes. Mr. Marder stated that 35' is the standard height limit for single family in many zoning codes, and that the height requirement is required to be on the plans. Mr. Platts noted that the 1200 square foot minimum house size was not in the notes. Mrs. Stairs stated that it goes with the land. Mr. Robert moved for approval based on Staff's recommendations. Seconded by Mr. Mc Clanahan. All in favor. Motion carried. The next item was the consideration of the Site/Engineering Plan for expansion /renovation to the Seminole County Public Health Center located at 400 West Airport Blvd. in a MR -3, Multiple Family Residential Zoning District. Owner: Seminole Board of County Commission; representative: Rusty Zimmerman, WBQ Design & Engineering. ri .,. i . . . . MINUTES PLANNING AND ZONING COMMISSION MEETING OF OCTOBER 19, 1995 PAGE 4 Mark Schlezensky, 1220 E. Concord, Orlando, stated that this is an expansion of 30,000 square foot. They are adding 17,000+ square feet to the existing parking. He stated that he has met with Staff, and has incorporated Staff's comments into the site plan. Mr. Robert asked if the additional elevation match the existing. Mr. Schlezensky stated "yes ". Mr. Skat moved to approve with the condition that Staff review the elevations, and that the expansion is similar in building and in material. Seconded by Mr. McClanahan. All in favor. Motion carried. Mr. Valerino questioned the procedures when. someone appears for site plan consideration that is in opposition, whether they have the. right to speak or not. Mr. Marder stated that the Commission has the opportunity to listen to opinions if it is so inclined. He stated that people who are in the audience don't have the right to speak because it is not in the Planning & Zoning conditions. He stated that he would check with the City Attorney. Mr. Skat asked what could be done to get the rezoning on the east side of Palmetto Avenue started. Mr. Marder is to check and get with Mr. Skat. Mr. Marder reminded everyone of the FPZA meeting in Jacksonville. Mr. Robert moved to approve the Minutes as circulated. Seconded by Mr. McClanahan. All in favor. Motion carried. There being no further business, the meeting adjourned at 8:30 P.M. �, - �/� X &4 e-,) Helen Stairs, Chairperson rill I I From the Director Planning Development TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of October 19, 1995 ACI INCOME FUND PD - Request to rezone from PD, Planned Development and GC- 2, General Commercial to PD, Planned Development for property located at the southeast corner of Interstate 4 and Towne Center Boulevard. 1. Site includes several parcels. The adjacent to Towne Center Boulevard and east of the power line easement is part of the Gateway Planned Development and is designated for commercial use. The remainder of the property currently Zoned PD, Planned Development is part of the Seminole Towne Center PD and is designated for commercial use. The GC -2, General Commercial parcel is the old Mobil gasoline service station that was recently annexed into the City. 2. The proposed ACI Income Fund Planned Development Master Plan reflects four parcels with an integrated traffic circulation pattern. There are four access points, one each upon adjacent roadways including State Road 46, Towne Center Boulevard, Towne Center Road and Old Oregon Avenue. The integration of the parcels provides the ability to eliminate several access points on SR 46 from previous uses. 3. Traffic volume from the proposed development remains essentially unchanged from already approved and /or existing facilities. Essentially, the proposal constitutes a redevelopment of the site in a more interconnected manner which is the intent and purpose of the planned development zoning classification. As such there are not additional traffic studies required or provided. Traffic volume impacts have already been taken into account during the Seminole Towne Center and Gateway rezonings. The State Road 46 access is limited to right -in- right -out. The Old Oregon Avenue access from SR 46 is several hundred feet from the east -bound off - ramp from Interstate 4. This is considered undesirable but necessary at this time. Old Oregon Avenue is actually a Florida Department of Transportation Right of Way that provides access to the Stuckey's Restaurant site. The Towne Center Boulevard access is also limited to right -in- right -out and is the same as that approved for the Gateway Planned Development of which it Planning Recommendations - Page 1 is presently a part. 4. Uses adjacent to the site include existing and planned commercial uses, a highway interchange and a drainage retention area. 5. The City will be providing potable water and sewer service with the latter being provided through a wholesale contractual arrangement with Seminole County in similarity to the mall. 6. Recommend approval of the request to rezoned to PD, Planned Development for the ACI Income Fund Planned Development Master Plan based on the desirability of otherwise piecemeal development into an integrated whole and thereby allowing higher quality commercial development through the planned development rezoning process. This recommendation is conditioned upon the information contained on the ACI Income Fund Planned Development Master Plan. CURRIE - Request conditional use approval to permit an open air yard sale for used merchandise in a GC -2, General Commercial Zoning District located at 2491 South Park Avenue. 1. Site is Zoned GC -2, General Commercial and includes an existing building located on the west side of site adjacent to Park Avenue and a parking area located on the eastern portion of the property. 2. Site is adjacent to vacant land to the north as well as a medical office. Site is adjacent to a retail commercial building to the south with various activities. A mental health facility is located west of site. Various single family dwellings are located east of site. 3. Question is one of policy regarding whether to permit outdoor display of used merchandise in this location on an ongoing basis. 4. Recommend denial of the request for a conditional use for outdoor display of used merchandise for an open air yard sale based on the lack of similar uses within the general vicinity of site and general policy to continue to restrict retail sales in this neighborhood to be indoors. Planning Recommendations - Page 2