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09.07.95FROM THE LAND DEVELOPMENT COORDINATOR August 30, 1995 ?, TO: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, 7:00 P.M., Thursday, September 7, 1995, in the 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 2501 Sanford Avenue in a GC -2, General Commercial Zoning District, for the purpose of establishing automobile dealer sales. Owner /representative: Vincent Reali 2. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1311 Oak Avenue in a MR -2, Multiple Family Dwelling Residential Zoning District, for the purpose of establishing an elementary school (K -5). Owner /representative: Pastor Ronald W. Merthie 0 3. Hold a Public Hearing to consider a request for a Conditional Use for a proposed Red Lobster restaurant located at 20 Towne Center Circle in a PD, Planned Development Zoning District, for the purpose of alcoholic beverage sales - consumption on premises. Owner: GMRI, Inc. Representative: E. Charlene Fauley 4. Hold a Public Hearing to consider a request for a conditional Use for a proposed Olive Garden restaurant located at 10 Towne Center Circle in a PD, Planned Development Zoning District, for the purpose of alcoholic beverage sales - consumption on premises. Owner: GMRI, Inc. Representative: E. Charlene Fauley 5. Consider changes to Sanford Land Development Regulations, Schedule J, Landscape, Buffer and Tree Requirements. Section 3.2.E. Barbed Wire, Cyclone And /Or Chain Link Fence Prohibited. 4. 6. Any other business from floor or Commission Members. 7. Reports from Staff. 8. Minutes. ADVICE TO THE PUBLIC. If a person decides to appeal a decision made with respect to any metier 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 hfs in advance of the meeting. MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 7, 1995 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: Lynn Stogner Michael Skat Jim Valerino Mac McClanahan Ross Robert Helen Stairs Mark Platts Leon Brooks Ben Dyal OTHERS PRESENT: Jay Marder, Director of Planning and Development Russ Gibson, Land Development Coordinator Marion Anderson, Recording Secretary Mrs. Stairs called the meeting to order at 7:00 P.M. The Commission presented a plaque to Mr. Joe Dennison for dedication and devotion during his tenure on the Planning and Zoning Commission. The first item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 2501 S. Sanford Avenue in a GC -2, General Commercial Zoning District, for the purpose of establishing an automobile sales lot. Owner /representative: Vincent Reali. Dominic Reali, 168 Lake Breeze Circle, Lake Mary, was present for representation. He stated that they have tried to sell the property as it is zoned and has not had any luck. They have had people interested but only for an auto sales lot. He stated that this property is costing more money every month and they would like some type of business to offset some of the costs. The property has been on the market for sale for at least 3 or 4 years. Mr. McClanahan noted that on the application it stated that the owners would conform the building to anything that the Commission requested and asked if this was true. Mr. Reali stated that they would conform to the City's requirements, i.e . landscaping. Mr. McClanahan stated that it would be nice if something like Mincer Motors is the end result. It would be an asset for that intersection. Mr. Reali stated that he is familiar with Mincer Motors and that he had no problem in upgrading this property to a similar setting. Mr. McClanahan noted that this particular corner has gone down since the service station went out of business. Mr. Reali stated that if he can't get a renter for the property, he would operate the business himself. He stated that he has interested people in using the corner for a car lot. He has tried different types of businesses and have tried to work with everyone regarding this property. He has had to repossess the property from previous tenants. Mr. Reali stated that the old fuel tanks have been removed and the monitoring wells have been cleaned. Mr. Platts noted that on the sketch, there is indication of landscaping on 45 and asked if this would be done. Mr. Reali stated that he had no problem in doing whatever is necessary. Mr. Stogner asked what type of upgrading would Mr. Reali be willing to do. Mr. Reali stated that the upgrading of the building is the number one priority. He stated that he had no problem with setting it up similar to Mincer Motors. He is willing to upgrade the building with complete landscaping. MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 7, 1995 PAGE 2 Mr. Brooks asked how many cars would be at this location because the site is small. Mr. Reali stated that he would probably have 20 cars or he would abide by the number the Commission recommended. Mr. Reali stated that if this Commission would approve 10 cars being on the site, it would be a start. Mr. Skat asked how would the Commission insure that the landscaping requirement would be met. Mr. Marder stated that both adjacent streets are major arterials and that they both require a 10' wide landscape strip. It is being recommended that the applicants close all curb openings except the far south and the far east openings from the intersection. The Commission would have the opportunity to review all of this at site plan review. Mr. Dyal stated that when the Singh brothers were at this location, the Commission turned them down for an auto sales lot. He asked if there has ever been auto sales at this location. Mr. Marder stated "no." The City has allowed auto repair on the site. Mr. Reali stated that there would be no auto repair but that there would be auto detail. Mr. Reali stated that he has no problem with completing landscaping and that he would install planters if the Commission so desires. He stated that at this time he had no requirements for a chain link fence and that he would operate under the City's requirements. Mr. Marder explained that permits would be required for curbing on Sanford Avenue by Seminole County, and by the DOT for 46. Mr. Dyal asked Staff how would the City like to see this property developed. Mr. Marder stated that this is a staff recommendation and it is the Commission's prerogative to object or accept the application as it sees fit. Retail is a reasonable expectation for this property. Mr. McClanahan stated that the property was used as a service station. A service station generates more traffic problems than a car lot. This may be a transitional type thing, but personally, he is tired of seeing it remain vacant. Mr. McClanahan moved to approve with the stipulation of tight and stringent conditions and that the applicants come back with a site plan. Seconded by Mr. Dyal for discussion. Mr. Stogner asked if the motion included everything the Commission had talked i.e. upgrading of the building and landscaping. Mr. McClanahan stated "yes ". Mr. Marder stated that it is difficult to tell how it will work from sketch. The site plan is the logical place to discuss the number of cars. Mr. McClanahan recommended that Staff meet with the applicants and let them know what is required. Mr. Stogner asked Mr. Marder if he was aware, when he made his recommendation, that the applicant would upgrade the building and landscaping. Mr. Marder stated that he had taken for granted that if anyone wanted to do anything, they would upgrade. Mr. Valerino opposed to the motion. All others if 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 1311 Oak Avenue in a MR -2, Multiple Family Dwelling Residential Zoning District, for the purpose of an elementary school (K -5). Owner /representative: Pastor Ronald W. Merthie. Rev. Ronald Merthie, 1308 Persimmon Ave., stated that the Church wants to have an elementary school. They would. like to do more for the children, first of all for members and then the public. The Church wants to provide more for children in the way of a christian education. He stated that there is adequate space and that they would be using the Sunday School classrooms. Rev. Merthie stated that there are kitchen facilities but that the students would bring 1� MINUTES PLANNING AND ZONING MEETING OF SEPTEMBER PAGE 3 COMMISSION 7, 1995 their lunches. The Church would provide milk and juices only for a time being. Rev. Merthie explained that there are 6 classrooms on bottom floor and 6 classrooms on second floor of the education wing. Each class room can house 25 children. If the school grows and they continue to prosper, then they would use the top floor classrooms also. Rev. Merthie explained that the Church is looking towards being accredited and having a professional staff. He stated that he is a former assistant teacher with a masters in education. The hours of operation will be from 8 :30 to 2:45, with before and after school care. 5 or 6 parents have shown interest in enrolling their children. Mr. Skat stated that he had concern with regards to traffic and asked if the school would be responsible for traffic guards. Mr. Marder stated that the City doesn't provide help for private or public schools. An officer is provided to a school but he is not responsible for traffic guard duty. Rev. Merthie stated that there would not be a problem with the Church providing traffic guards. He explained that the entrance onto the school would be by way of 14th Street and Oak Avenue. The parking lot is a part of the Church. The property to the south was purchased by Church. Kids will play at the park, and have physical education twice per week. Mr. Robert moved for approval based on the existing church and similar facilities of education already on site and that the physical facilities will not be expanded without coming before this Commission and based on the infrastructure already in place. Seconded by Mr. Dyal. 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 20 Towne Center Circle in a PD, Planned Development Zoning District, for the purpose of alcoholic beverage sales - consumption on premises. Owner: GMRI, Inc.; representative: E. Charlene Fauley. The applicant requested that Items 3 and 4 be held together. The Commission had no problems with hearing both requests at once. Item 4 on the Agenda was to hold a Public Hearing to consider a request for a conditional Use for property located at 10 Towne Center Circle in a PD, Planned Development Zoning District, for the purpose of alcoholic beverage sales — consumption on premises. Owner: GMRI, Inc.; representative: E. Charlene Fauley. Earlene Degonyea was present for representation. She stated that Red Lobster proposes to start construction in December and completed in April or May. Olive Garden does not have a construction start date as of yet. Mr. Dyal moved for approval for both conditional. uses as presented. Seconded by Mr. Skat. All in favor. Motion carried. The next item on the Agenda was the consideration of changes to Sanford Land Development Regulations, Schedule,? Landscape, Buffer and Tree Requirements, Section 3.2.E.Barbed Wire, Cyclone and. /Or Chain Link Fence Prohibited. Mr. Marder stated that the City Commission has requested that the Planning and Zoning Commission take responsibility to look at the non - residential and multi- family uses for chain link fences. Residential uses are the responsibility of the Building Official. The Board of Adjustment was charged with the residential side of 1 MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 7, 1995 PAGE 4 this and they decided no way, no how. The Board of Adjustment could not grant dimensional variances because they couldn't meet all of the criteria. There was an issue brought before the Board of Adjustment that was a big legal issue. The Board became concerned about crossing all i and dotting all of the i so they said they couldn't approve that item because of that and now they can't approve any of the others. Technically, it was reasonable what the Board of Adjustment said so the idea was to come back with a method for Staff with certain criteria to do it. Mr. Marder stated that there was quite a few different inputs on this, i.e. the Building Department and the Community Development Department. Mr. Stogner suggested omitting the portion in Item E.2. that says the Planning and Zoning Commission may grant a waiver based on security considerations. He suggested leaving in the portion that says "may grant a waiver" because he feels that locking the Commission into "security" is wrong. Mr. Marder suggested that this portion read "the Planning and Zoning Commission may allow a chain link fence ". In terms of non - residential, Mr. Marder asked . if the Commission wanted to remove the security consideration wording and leave the non - residential the way it is or change the wording to "the Planning and Zoning Commission may allow barbed wire and /or chain link fence to be located on a site and may require landscaping and other appropriate measures, etc. Take the word "waiver ",out. Mr. McClanaha4 stated that applicants can appeal any administrative decision to the elected body and asked if this path should be provided. Mr. Marder stated that this is automatic in terms of the non - residenti 1. Mr. Putts stated that it is just as important of the height of he fence as what material the fence is made of. He stated that he would like to see the fence height in the frontyard setback as 4 There isn't anything in the codes limiting fence height. Mr. Dyal suggested that under non - residential, the Commission should omit the "waiver and security" parts so that the Commission ha the right to grant a conditional use if it is appropriate t9 this body. To clarify, Mr. Marder asked if it should read: "However, the Planning and Zoning Commission may allow a barbed',wire and /or chain link fence to be located on a site and may require landscaping and other appropriate measures, etc." Mr. Valerino suggested leaving it as it is, to prohibit everything. Mrs. Stairs as�ed if the Commission could make a recommendation at the next meeting. Mr. Gibson stated that the City Clerk has advertised the first reading and it is on the City Commission agenda for this Monday night. Mr. Marder stated that in. two weeks, it will go before the City Commission for the second reading. Mr. Platts suggested to allow chain link fences with a maximum of 4' within the front yard setback, and a maximum of 6" in single family residential areas unless prohibited by other codes. Mr. Dyal opined that all applicants should come before the Planning and Zoning Commission before they erect any fence in the front yard. To have a fence in the front yard, applicants would need.a reason. Mr. Valerino stated that he would rather leave it as it is or have applicants come back before the Planning and Zoning Commission rather than let one person, an administrative official, make the decision by counting fences in an area. Mr. Valerino stated that his feeling is to reject the proposed ordinance and leave it as is. Mr. Platts stated that he would like to see a fence height in the ordinance. Mr. Valerino moved that the Planning and Zoning Commission recommend that it stay as it is which is Ordinance No. MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 7, 1995 PAGE 5 3254, and that it not be changed. Seconded by Mr. Robert for discussion. Mr. Robert, Mr. Brooks, Mr. Valerino, and Mrs. Stairs in favor of the motion. Mr. Stogner, Mr. Skat, Mr. Dyal, Mr. McClanahan, and Mr. Platts in opposition. Motion failed. Mr. Skat moved to recommend to the City Commission to leave No. 2 the way it is fabricated eliminating language with regards to waiver and security and note that the Commission could not come to a decision on No. 3, and that Staff reiterate some of the Commission's concerns to the City Commission.. Seconded by Mr. Dyal for discussion. Mr. Dyal stated that his concern is that the City Commission will take the P & Z Commission's concerns for Item 2 into consideration and leave Item 3 the way it is worded because we couldn't make up our minds. Mr. Skat withdrew his motion because if we do nothing on No. 3 it will be left as it is. Mr. Valerino renewed his motion to leave it as it is as stated in Ordinance. No. 3254. Mr. Brooks seconded. Mr. Brooks, Mr. Valerino, Mr. Skat, Mr. Robert and Mrs. Stairs in favor of the motion. In opposition were Mr. Stogner, Mr. Dyal, Mr. McClanahan, and Mr. Platts. Motion carried. Mr. Robert moved to approve the Minutes as circulated. Seconded by Mr. Brooks. All in favor. Motion carried. Mr. Skat noted that there is not a turn arrow to go west at Rinehart Road and 25th Street. This will be a real problem. Mr. Marder stated that he feels this entire intersection needs to be redone with the four - laning of Rinehart Road. Seminole County and Lake Mary is discussing this intersection. It will be a lot different within the not too distance future, plus, 25th Street is going to be four - laned. Mr. Marder is to bring this to the County's attention. Mr. Skat requested that Staff see if something was missed when the traffic signal at 13th and Sanford Avenue was put in because of the increased traffic impact on 12th and Palmetto with people trying to avoid this traffic light. Mr. Skat requested that Staff to take a look at the east side of Palmetto because it is zoned commercial. He would like to see it all zoned residential. There being no further business, the meeting adjourned at 9:00 P.M. • Map, Helen Stairs, Chairperson From the Director Planning Development TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of September 7, 1995 THE AUTO CLUB- VINCENT REALI - Request conditional use approval to permit used automobile sales for property Zoned GC -2, General Commercial located at 2501 South Sanford Avenue. Site is Zoned GC -2, General Commercial and includes an unused gasoline service station with an existing building. Site fronts State Road 46 East /25th Street and County Road 425 /Sanford Avenue. The applicant submitted a sketch of the site but did not submit an explanation of the request. 2. Commercial uses adjacent to the site include a boat storage yard with adjacent sales and repair facilities, a convenience store with gas pumps, a roadside fruit and vegetable market and indoor retail sales. 3. Question is one of policy regarding whether to establish and /or expand automobile sales type uses in this location of 25th Street and Sanford Avenue. 4. A request in December, 1992 to establish automobile dealer sales for essentially the same site pointed out that ". . . there are no automobile dealer sales establishments along 25th Street in the immediate area of the site at the present time. Various automobile sales establishments are located on Sanford Avenue, generally south of 26th Street... " The staff recommendation at that time was to deny the request ". . . because the City should continue to prevent automobile dealer sales from being established on this segment of 25th Street ... " The Planning and Zoning Commission denied the application. The City Commission subsequently denied an appeal of the Planning and Zoning Commission's decision. The Planning and Zoning Commission then denied an application to waive the one year waiting period to make the same request. 5. Recommend denial of the request to establish automotive dealer sales at the southeast corner of Sanford Avenue and 25th Street because of the desirability of encouraging such uses to be located in areas already evidencing adjacent existing automobile sales establishments and in order to discourage Planning Recommendations - Page 1 new automobile sales areas and prevent similar strip commercial development from being established. This recommendation is in support of previous action and policy direction by the Planning and Zoning Commission. Such uses are already established in other areas of the City such as U.S. Highway 17 & 92 and more southerly segments of Sanford Avenue. NEW LIFE ACADEMY - Request conditional use approval to establish an elementary school for property Zoned MR -2, Multiple Family Residential, located at 1311 Oak Avenue. 1. Site is Zoned MR -2, Multiple Family Residential and is located at the southeast corner of 13th Street and Oak Avenue. Site includes various church buildings at the present time, including a two -story building that appears to be utilized for classrooms. Parking to support the existing facilities appears to be located adjacent to site on the west side of Oak Avenue. The applicant did not submit support documentation with the application such as a site layout and an explanation of the request. 2. Existing uses adjacent to the site include the church parking lot, various single family dwellings and a professional office. 3. Recommend that the request to establish an elementary school at 131 1 Oak Avenue be approved based on the existing church and similar educational facility type uses already established on the site and assuming that the existing physical facilities will not be expanded to accommodate the elementary school. GMRI, INC. Request conditional use approval to permit alcoholic beverage sales in a PD, Planned Development Zoning District for a Red Lobster Restaurant at Seminole Towne Center Mall. 1. Planning Recommendations are not provided for alcoholic beverage sales requests. GMRI, INC. Request conditional use approval to permit alcoholic beverage sales in a PD, Planned Development Zoning District for an Olive Garden Restaurant at Seminole Towne Center Mall. 1. Planning Recommendations are not provided for alcoholic beverage sales requests. Planning Recommendations - Page 2