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07.07.944 FROM THE LAND DEVELOPMENT COORDINATOR June 30, 1994 TO: Planning and Zoning Commission SUBJECT. Regularly Scheduled Meeting of the Planning and Zoning Commission, 7:00 P.M., Thursday, July 7, 1994, in the City Commission Chambers, City Hall, Sanford, Florida AGENDA Fold a Public Hearing to consider a request for a Conditional Use for property located at 110 Ill, 1 -folly Avenue in a GC -2, General Commercial Zoning District, for the purpose of an automobile and truck repair use) auto paint and body repair shop. Owner. 110 Holly Avenue Corporation Representative: Howard Sklar (Tabled 6122194) 2. Hold a Public Hearing to consider a request to Rezone property located at 3530 and 3540 Sanford Avenue in a MR-1 and MR -2, Multiple Family Residential Dwelling District, to GC -2, General Commercial. Owner Suda, Inc. Representative: Mlfiam R. Miller 3. Hold a Public Nearing to consider a request for a Dimensional Variance for property located at 100 Willner Circle in an RMOI, Multiple Family Residential-Office- Institutional Zoning District, for the purpose of a minimum depth of required buffer of 20' to 19.2' for Building 4 and 19.3' for Building 5. Owner Lake Monroe Associates Limited Partnership Representative: L. Mills Tuttle, S WT Construction, Inc. 4. Hold a Public bearing to consider a request for a Conditional Use for property located at the corner of Country Club Road and Airport Blvd., in a GC -2, General Commercial Zoning District, for the purpose of automotive dealer sales (used )_ Owner: - Johnny Walker, Trustee Representative: Don Slover 5. Hold a Public Hearing to consider a request for a Dimensional Variance for property located at 300 S. Sanford Avenue in a SC -3, Special Commercial Zoning District, for the reduction in the required number of parking spaces from 15 to 2. Owner: Robert Letsinger Representative: Jerry Kleinberg 6. !-told a Public Hearing to consider a request for a Conditional Use for property located at 3141 Narcissus Avenue in an AG, Agricultural Zoning District, for the purpose of a site for a cellular transmission towerlpubfic service structure. Owner: Mary W Breneman Representative: Melinda Bell for Dial Call, Inc. 7. (-fold a Public (fearing to consider a request for a Dimensional Variance for property located at 3141 {Narcissus Avenue in an AG, Agricultural Zoning District, for a frontyard setback - 31.24` proposed, 100' required; sideyard setback - 30.0' proposed, 50' required, rearyard setback - 46.5` proposed, t 00' required` maximum building freight - 195' proposed, 1 25' required and a minimum parcel area - 0.65 acres proposed, 5 acres required. Owner Mary W Breneman Representative: Melinda Be// for Dial Call, Inc. S. Consider the Preliminary Plat for Upsala Oaks, an 87 single - family detached dwelling subdivision, located at 320 Upsala Road in a PD, Planned Development Zoning District. Owner. Upsala Oaks of Samford, Inc. Representative: William A. Stueber, P.E. for Lochrane Engineering Co. 9. Consider the request to allow chain link fencing with barbed wire within a required .front yard setback for Tire Express, a automobile & truck accessory sales and installation use, located at 2550 Orlando Drive in a GC -2, General Commercial Zoning District. Ownerlrepresentative: Carl E. Bergman Planning and Zoning Commission Agenda Meeting of July 7, 1994 P 2 90. Consider the Site Plan for J. C. Penney Department Store located at 3 1 Towne Center Circle in a PD, Planned Development Zoning District. Owner Seminole Towne Center, L. PJJ. C. Penney Property, Inc. Representative: The Brice Building Company 91. Consider the request for a reduction and exception to the landscape requirements for a parking lot for the Seminole County Correctional Facifity located at 219 Bush Boulevard in a GC-2 General Commercial Zoning District. ^wner Seminole County Board of County Commissioners Representative: Sheri Fragomeni, Ivey, Harris & Malls, Inc. 12. Any other business from floor or Commission Members. 13. Reports from Staff 14. Approval of Minutes. ADVICE TO THE PLISLIG. if a person decides to appeal a decision made with respect to any mater cansk*red at the abDve meeti'reg or hearing, he may need a verlath record of the proceedings including the testimony and evidence, whch record is not prawded by the City of ;afford. (ES 286.10405). Persons w4h disatiiiities needing assistance to participate in any of these proceedings should contact the persDnnel ctlice ADA Coordinator at 330-5626, 48 hours in advance of the meeting. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JULY 7, 1994 7 :00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: Mike Davis James Valerino Helen Stairs Lynn Stogner Ross Robert Leon Brooks Ben Dyal MEMBERS ABSENT: Joe Dennison Cynthia Holt - Miller PRESENT: Russ Gibson, Planning Technician Marion Anderson, Recording Secretary Mrs. Stairs, acting chairperson, 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 for a Conditional Use for property located at 110 N. Holly Avenue in a GC -2, General Commercial Zoning District, for the purpose of an automobile and truck repair use) auto paint and body repair shop.) Owner: 110 Holly Avenue Corporation; representative: Howard Sklar. (Tabled: 6/22/94). Mr. Davis made a motion to remove from the table. Seconded by Mr. Stogner. All in favor. Motion carried. Howard Sklar, 110 Holly Avenue, was present for representation. Mr. Davis asked if this used to be a junkyard and how would people get in and out of the facility. Mr. Sklar stated this is still a junkyard and that the gate on SR 46 will be open. Mr. Robert asked if this is for automobile sales expansion. Mr. Sklar stated "no". He stated that they have three licenses, one for auto sales of used vehicles, one. for a recycling center, and one for auto and truck used parts sales. He stated that they also have a license to dismantle autos. Mr. Sklar stated that they need a license to repair automobiles. Mr. Gibson read the recommendation from the Director of Planning and Development: Recommend approval of the request to establish an automobile paint and body repair business for property at the northwest corner of First Street and Holly Avenue based on similar automotive uses already established in the immediate area and general character of the area at the present time. Mr. Brooks moved to approve the request based on staff's recommendations. Seconded by Mr. Stogner. 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 3530 and 3540 Sanford Avenue in a MR -1 and MR -2, Multiple Family Residential Dwelling District, to GC -2, General Commercial. Owner: Suda, Inc.; representative: William R. Miller. Bill Miller, 108 Robin Rd., Suda, Inc. was present for representation. He stated that the request follows the designated MINUTES PLANNING AND ZONING COMMISSION MEETING OF JULY 7 1994 PAGE 2 use of the Comp Plan. Mr. Miller stated that at this time, they do not have any specific plans, but wanted to follow the general use of the area. Mr. Brooks moved to approve based on staff's recommendations. Seconded Mr. Robert. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Dimensional variance for property located at 100 Willner Circle in an RMCI, Multiple Family Residential- Office-Institutional Zoning District, for the purpose of a minimum depth of required buffer of 20' to 19.2 for Building 4 and 19.3' for Building 5. Owner: Lake Monroe Associates Limited Partnership; representative: L. Mills Tuttle, SWT Construction, Inc. Mills Tuttle, 1073 Orienta Ave., Altamonte Springs, stated that this project consists of 184 apartment units. There is a 20' buffer to the east and to the west. Buildings 4 and 5 have been built 7 1/2 and Q into the buffer zones. Mr. Tuttle stated that they do not know how this happened, but that it happened during construction. Mr. Robert asked who owns the adjacent property to the west. Mr. Tuttle stated that a group of people in Belgium owns the adjoining property. He stated that the use of the adjacent land will probably be used in the same general manner as this project. Mr. Davis asked if any of the units are occupied. Mr. Tuttle stated that some are. Mr. Davis moved to approve as recommended by staff. Seconded by Mr. Brooks. All in favor. Motion carried. The next item on the Agenda was tq hold a Public Hearing to consider a request for a Conditional 'Use for property located at the corner of Country Club Road and airport Blvd., in a GC -2, General Commercial Zoning District, for the purpose of automotive dealer sales (used). owner: Johnny Walker, Trustee; representative: Don Slover. Don Slover, 2501 Clark Street, Orlando, was present for representation. He entered a letter into the record from the property owner of the northwest corner of Airport Blvd. and Country Club Road, Mr. W. A. Cagle, stating that he had no objections to the request. Mr. Slover stated that he is aware of staff's recommendations. He stated that he will be proposing to put in a privacy fence along the back of the property. His plans are to have between 15 and 20 cars. There will be no repair work and no detail work. Only resale of cars. Mr. Slover stated that he will have a small 20x20 office, the only permanent structure on the property. Mr. Robert questioned similar activities in the immediate area. Mr. Slover stated that on the southwest corner there is a lawnmower shop, a block down from his property there is an auto paint and body shop, and two blocks on the north side there is an auto sales business which looks more like a junk yard. Mr. Dyal questioned the entrance onto the property. Mr. Slover stated that there will be a driveway in the middle of property on Country Club, 115' from the corner. Mr. Stogner asked Mr. slaver if he was aware that country club would be closed. Mr. Slover stated "yes." MINUTES PLANNING AND ZONING COMMISSION MEETING OF JULY 7, 1994 PAGE 3 Johnny Walker, 492 Scale Rd., Leesburg, stated that he is the owner of the property at the southwest corner and that he has no objections to Mr. Slover's request. Mr. Dyal questioned staff's recommendations. Mr. Gibson stated that the intent is to contain land use activities. Mr. Robert asked if Mr. Walker is the owner of the property in question. Mr. Walker stated that he is the trustee for three owners. Mr. Robert asked how many cars are allowed on the property. Mr. Gibson stated that it is the Board's prerogative to limit the number of cars. Mr. Stogner asked if this is for sales only. Mr. Slover stated ' "yes " He stated that they would have approximately 20 cars on the lot. Mr. Dyal moved for approval as presented with a limit of 20 cars based on the Board having the opportunity to review the twenty car limit at site plan consideration. Seconded by Mr, Valerino. Mr. Brooks in opposition. All others in favor. Motion carried. The next item on the agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 300 S. Sanford Avenue in a SC -3, Special Commercial Zoning District, for the reduction in the required number of parking spaces from 15 to 28 Owner: Robert Letsinger; representative: Jerry Kleinberg. Jerry Kleinberg, 215 Palmetto Concourse, Longwood, stated that he is the new owner of this property. He is in the business of purchasing antique estates and things of value. Mr. Kleinberg stated that when the building is full of antiques, he would like to have an auction. Parking is permitted on the streets. Mrs. Stairs stated that she was the listed owner for the sale and that there were no conditions at time of sale. Mr. Robert asked Mr. Kleinberg if he had contacted the adjacent property owners. Mr. Kleinberg stated "no ", that he didn't think it would be a problem. Mr. Dyal asked how many people does he anticipate would attend the auctions. Mr. Kleinberg anticipates on having 30 to 50 people in attendance at the auctions. Melvin Siskind of Grandview Avenue, stated that he had read the off street parking regulations and that he wanted it clear that Mr. Kleinberg did not have exclusive rights to the public parking spaces. Mrs. Stairs stated that this is all public parking. Mr. Siskind stated that he had no objections to the request but that he did not want Mr. Kleinberg to limit anyone else from using the parking spaces. Mr. Brooks moved for approval based on staff's findings. Seconded by Mr.. Dyal. All in favor. Motion carried. Item 6 on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 3141 Narcissus Avenue in an AG, Agricultural Zoning District, for the purpose of a site for a cellular transmission tower /public service structure. owner: Mary W..Breneman; representative: Melinda Bell for Dial Call, Inc. It was unanimously decided to hear Item 6 and Item 7 at the same time. Item 7 on the agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 3141 Narcissus Avenue in an AG, Agricultural Zoning District, for a frontyard setback - 31,24" proposed, 100" required; sideyard MINUTES PLANNING AND ZONING COMMISSION MEETING of JULY 7, 1994 PAGE 4 setback - 30.0 proposed, 54' required; rearyard setback - 41.5 proposed, 100' required; maximum building height - 195 proposed, 125' required; and a minimum parcel area - 0.65 acres proposed, 5 acres required. Owner: Mary W. Breneman; representative: Melinda Bell for Dial Call, Inc. King Brenner, Atlanta, was present for representation. Mr. Robert asked if the this would be the sane as the adjacent tower. Mr. Brenner stated that they would be almost identical as to everything, i.e. fencing, gravel. He stated that the ground would be raised before the pad is put in. Mr. Stogner questioned the installation of a light on top. Mr. Brenner stated that if the tower is kept under 200 a light is not required. Mr. Robert asked if there is a blanket FCC license or if licenses are granted for specific locations. Mr. Brenner stated that licenses are controlled by frequency. Mr. Gibson noted that the proposed height of the existing tower is 195' total tower allowance. ' Mr. Dyal moved for approval as presented based on staff's recommendations for Item 5 and Item 7 on the Agenda. Seconded by Mr. Brooks and Mr. Stogner. All in favor. Motion carried. The next item on the Agenda was the consideration of the Preliminary Plat for Upsala Oaks, an 87 single - family detached dwelling subdivision, located at 320 Upsala Road in a PD, Planned Development Zoning District. owner: Upsala Oaks of Sanford, Inc.; representative: William A. Stueber, P.E. for Lochrane Engineering coo Bill Stueber of Lochrane Engineering was present for representation. Mr. Stueber stated that the curbing being requested is miami curbing. He stated that Staff has required a 2' curb and gutter. He requested that the Board allow him to use miami curbing. Mr. Robert moved to approve the preliminary plat based on the applicant and staff to word -out mountable or non - mountable curbs with the correction of 97 lots as opposed to 87 lots as reported on the Agenda. Seconded by Mr. Brooks. All in favor. Motion carried. The next item on the Agenda was the consideration of the request to allow chain link fencing with barbed wire within a required front yard setback for Tire Express, a automobile & truck accessory sales and installation use, located at 2650 Orlando Drive in a GC -2, General Commercial Zoning District. Owner /representative: Carl E. Bergman. Carl Bergman, 557 W. Springtree Lane, Lake Mary, stated that there has been a lot of problems involving thefts. He stated that he is requesting a chain link with barbed wire strands for the 35 square foot section outside of the f rontyard setback. Mr. Bergman stated that this is a circular shaped piece of property. There is an existing wood fence but it is not a deterrent. The chain link fence will be G' with 3 strands of barbed wire. Mr. Bergman stated that they had installed lighting to go along with the chain link fence. There are motion censored lights on three corners.of the building for additional security. Mr. Brooks asked if there are any other chain link fences in the area. Mr. Bergman stated that there is chain link fencing in the area and at some businesses there is barbed wire. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JULY 7 1994 PAGE 5 Mr. Robert moved for approval. Seconded by Mr. Brooks based on the fact that other properties have fencing. Mr. Dyal stated that the Board has had problems with fences in the past. The issue is that his backyard can be interpreted as his frontyard. All in favor. Motion carried. The next item was the consideration of the Site Plan for J. C. Penney Department Store located at 310 Towne center Circle in a PD, Planned Development Zoning District. owner: Seminole Towne Center, L.P. /J.C. Penney Property, Inc.; representative: The Brice Building Company. Bill Mccorkle, Brice Building in winter Park was present for representation. He stated that they are aware of staff's comments and have no objections. Mr. Dyal moved for approval as presented based on staff's recommendations and with handicap ramps only 'if they apply. Seconded by Mr. Brooks. All in favor. Motion carried. The next item on the Agenda was the consideration of the request for a reduction and exception to the landscape requirements for a parking lot for the Seminole County Correctional Facility, located at 211 Bush Boulevard in a GC -2, General Commercial Zoning District. Owner: Seminole County Board of county Commissioners; representative: Sheri Fragomeni, Ivey, Harris & walls, Inc. Sheri Fragomeni, Ivey, Harris, walls, stated that there is a shortage of parking places. The LDR requires landscape islands at each 10 spaces. They are requesting a variance to have 12 parking spaces instead of 10 for each island. There will be approximately 20 to 30 trees on -site and are proposing to relocate 10 trees. Mr. Dyal moved to table until a site plan is presented. Seconded by Mr. Davis. All in favor. Motion carried. Mr. Brooks moved to approve the Minutes as circulated. Seconded by Mr. Dyal. All in favor. Motion carried. There being no further business, the meeting adjourned at 3:00 P.M. Helen,o Chairperson Arom the Director Planning Development SUBJECT: Recommendation for Meeting of July 7, 1994 BILL MILLER - SUDA. INC. - Request to rezone from MR -1 and MR -2, Multiple - Family Residential to GC -2, General Commercial, property located at 3530 and 3540 Sanford Avenue respectively. 1. Site consists of two lots fronting Sanford Avenue and separated by Monroe Meadows Boulevard. The northern lot, referred to herein as 3530 Sanford Avenue, is zoned MR -1, Multiple - Family Residential, save the south 40 feet which is zoned MR -2. The southern lot, 3540 Sanford Avenue, is zoned MR -2, Multiple - Family Residential. Each lot encompasses 1 acre. Each lot is vacant at the present time. 2. Pursuant to the most recent Comprehensive Plan Amendment of 1994, the City's Future Land Use Element of the Comprehensive Plan reflects General Commercial. 3. Existing land uses in the immediate vicinity of the site include industrial wholesaling and warehousing, commercial retailing, and single family residential. These uses are zoned MI-2, Medium Industrial (city), R -1, Residential or C -1, Commercial (county). 4. Facilities and services such as road capacity, potable water and sanitary sewer are adequate and available. a. Sanford Avenue is an arterial roadway maintained by Seminole County. In 1994, Seminole County will widen the road to four lanes along this site to Airport Boulevard. The capacity of Sanford Avenue at Level of Service D would then provide for 29,000 daily trips compared to 13,400 daily trips at current 2 lane standards. 1993 traffic counts from Seminole County records 15,409 vehicles per day along the two lane segment of Sanford Avenue. b. Both lots have access to the City's potable water and sanitary sewer lines which are located along Monroe Meadows Boulevard. Capacity is available for both systems. TO: City of Sanford Planning and Zoning Commission 5. Recommend that the request to rezone to GC -2, General Commercial be approved based on existing and anticipated character of the area as well as compatibility with City's Future Land Use Plan. Further, it should be stipulated that any developmental amenities (e.g. permit and review fees waiver) granted to Monroe Meadows subdivision, which include these lots, as affordable housing incentives not apply to these lots. SWT CONSTRUCTION, INC. - Request a dimensional variance to permit the construction of multiple family dwellings in an RMOI, Multiple Family Residential, Office and Institutional Zone located on the north side of State Road 46 /First Street. 1. Site is Zoned RMOI, Multiple Family Residential, Office and Institutional and includes various multiple family dwelling units. 2. Applicant requests a variance to the minimum depth of the required buffer yard of 20 feet to approximately 19 feet for two existing multiple family buildings. 3. Uses adjacent to site include multiple family dwellings to the east and vacant land to the west. Vacant land to the west is Zoned RMOI. Roads are located north and south of site. 4. Recommend approval of the requested dimensional variance based on similar uses to the east and general character of adjacent area at the present time. SLOVER - Request for conditional use approval to permit used automobile sales in a GC -2, General Commercial Zone located at the northeast corner of Airport Boulevard and Country Club Road. 1. Site is Zoned GC -2, General Commercial and is basically vacant at the present time. The only visible improvement to the site is a building slab. 2. Uses adjacent to site include single family dwellings, a shopping center and vacant land. Other uses in general vicinity of site include lawn mower /equipment repair and automobile repair. 3. The land west of Airport Boulevard is planned for a segment of the western beltway. An elevated road will be constructed in a north /south direction in that location. Country Club Road west of Airport Boulevard will be closed. The expressway is in the design phase at the present time. That segment, including an interchange with 1 -4, is the Orlando Metropolitan Planning Organization's number one priority transportation project. 4. As contained in Policy 1 -2.25 of the Future Land Use Element of the Comprehensive Plan, the proliferation of strip commercial development along certain relatively undeveloped segments of major roadways should be prevented. Specific uses, amongst others, include automotive service, sales and repair. Airport Boulevard is one of several cited roadways. 5. Recommend denial of the request for used automobile sales based on the proposed use being in conflict with the Comprehensive Plan and the absence of similar activities established in the immediate area. KLEINBERG - Request for a dimensional variance to permit retail store /occasional auction activities for property Zoned SC -3, Special Commercial located at the southwest corner of Sanford Avenue and East 3rd Street. 1. Site is Zoned SC -3, Special Commercial and includes a one -story block building. 2. The applicant is requesting a dimensional variance of the City's parking requirements from 15 required on -site spaces to 2 spaces presently located on site. The applicant states that additional on- street parking will be required during off -hour time periods. 3. The site is located in the central business district of Sanford. The building appears to have been constructed over fifty years ago, prior to the implementation of off - street parking requirements. 4. Recommend approval of the request for a dimensional variance to the City's parking requirements based on information provided by the applicant and the lack of parking established when the building was originally constructed. DIAL CALL. INC. - Request conditional use permit to construct a communication tower and building on property Zoned AG, Agricultural located on the south side of Narcissus Avenue. 1. Site is Zoned AG, Agriculture and is basically vacant at the present time. 2. Site is adjacent to various vacant land Zoned AG, Agriculture and RI -1, Restricted Industrial. In addition, a communication tower is located several hundred feet east of site, also on Narcissus Avenue. 3. Recommend approval of the request to establish a communication tower with a related building based on similarity of the proposed use with an existing tower already established in the immediate area. DIAL CALL. INC. - Request a dimensional variance to permit construction of a communication tower and related building on property Zoned AG, Agricultural located on the south side of Narcissus Avenue. 1. Site is Zoned AG, Agriculture and is basically vacant at the present time. 2. Site is adjacent to various vacant land Zoned AG, Agriculture and RI -1, Restricted Industrial. In addition, an existing communication tower is located several hundred feet east of site, also on Narcissus Avenue, also with a related building. 3. Recommend approval of the request to for a dimensional variance of height, parcel area, and yard setbacks to establish a communication tower with a related building based on similarity of the proposed use with an existing tower already established in the immediate area and general character of the immediate area at the present time.