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04.16.92FROM THE LAND I DEVELOPMENT COORDINATOR �.p x'i :L 10 1- 9 9 2 '--') TO: Planning and Zoning Commission SUBJECT : Regul Scheduled fleeting of the Planning and Zoning Commission, 7: oo P. M. , Thursday, April 16, 1992 , in the City Commission Chambers, City Ha11, Sanford, Florida AGENDA 1. Hold a Public Hearing to consider a request to Rezone from RI-1, Restricted Industrial, to that of MR-3, Multiple Family Residential, property located at 1000 W. 5th Street. Owner: City of Sanford Representative: Jay R. Mader 2 . Mold a Public Hearing to consider a request for a Conditional Use property located at 1011 oak Avenue in a -1, Single Family Residential Dwelling District, for the purpose o f a Bed and Breakfast Inn. owned re presentative : Sica Nacu Consider a request for a -month site plan extension for Beardall Industrial Park located at 2511 Beardall Avenue. Owner: Theodore & Ann Takvorian Representative: Michael Napolitanj Charles Madden, P.E. 4, Any other business from floor or Commission Members, 5 . Reports from Staff . Approval of Minutes, ADVICE To THE PUBLIC. If a person deckles 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 0 ■i .m. Big �. r mm: t r 3 P1a L xx rx1 3r3L j g 9k Nr 1 mt3L n April 7 , 1992 TOO Plannin an Zoning Comadssion SUB EOT : WORKSESSION - 6:30 P.M., Thursda , April 16, 1992 in the Cit { Commission Chambers, City Hall,' Sanford, Florida A 0 1. Draft Rules of Procedure and Conduct. It ADVICE TO THE PUBLIC C. If a person decides to appeal a decision mach with respect to any natter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, weh record is not p rovided by the City of Sanford . (FS 286 0 MINUTES PLANNING AND NINC COMMISSION R S SSI N MEETING F APRIL 16, 1992 6 :30 P.M. CITY COMMISSION CHAMBE S MMMERS PRESS Joe Dennison ohn LeRoy Helen Stars Ben Dyal Cathryn Welch Leon Brooks MEMBERS ASE 'tom Speer Eddie Keith Jerry Johnson S ORES =: Bettie Sonnenberg, Land Development Coordinator Jay Marder, Director of Planning & Development Draft Rules of Procedure and Conduct was placed on the Agenda for discussion. Mr. Jay Marder stated that the Commission had received a revised copy of the Rules of Procedure and Conduct with the changes shaded or crossed out which were provided by Bill Reichmann, Assistant City Attorney, McIntosh Associates, and Ms, Sonnenberg. Most of the changes are included in the Land Development Regulations and some of the heavier language has been watered down so that it is meant to be a guide for the Commission and others who may wish to know what the Planning & Zoning Commission does and how they review each of the changes that action is taken on. One very significant event that precipitate was the appeal of the decision that was made at 400 Palmetto Ave. and how it was made even more clearer at the City Commission meeting. When the Commission made the motion to deny the Conditional Use, it was a simple motion to deny, nothing else was stated. Ramifications were that you had no findings upon which to base your action. Mr, Marder stated that every action the Commission tapes needs to be based on findings,, staff reports,, - arid information brought up at the meeting. Mrs. Stairs asked what are findings. Mr. Marder stated that the Commission often makes motions based on staf f f s recommendations. Mr. Dal asked if staff's recommendations were opinions or findings. Mr, Marder stated that the Commission should do all of the listed items on page 2 of the Mules of Procedure and Conduct. Mr. Brooks asked if a -parte communication needed to be included into one of the paragraphs. Mr, Brooks stated that people had written findings that were produced for 400 Palmetto Avenue. RK ESSIO I PLANNING AND ZONING C MEETING OF APRIL 16 1 PAGE 2 M r, l stated that the Co mm i ssion s aid no, b ut didn say why entered into the record if all reports are to be I�+Ir. . Brooks asked and stated that written reports bothers him* that e - rte communication scared him. Mr. larder Mr. Dial stated said that it is hard not to get into a conversation. M ro Dennison stated that procedures are ghat the Commission does. Mr Dal stated that the Commission hasn't always given the applicant an o pportunity to rebut. Mrs. Stairs stated that the Commission hasn't been as free in discussions as a panel should be. Mro Dyal d and have public motion be made, seconded suggested that a he public should discussion* The discussion should be open and t dress and iron out any questions that are in the have time to d minds of the Commission. Motions not i should be . seconded necessarily for agreement r but for discussion. Mrs. Stairs ere are "any questions' that they be addressed suggested that � there to the Commission and not among themselves Mr . Marde r stated that disturbing to ones that are not used to this. It this may be a mind prior to the appears that everyone i i e . e has made up there ryes aske qu e s tion s of i s taff. lac # l decisio The only o stated that he does believe questions can be asked and answers ' is u osed to e i an open forum. Mrs* Welch yen. Discussion asked ghat if someone came to one of the commi and asked could information be obtained from an expert? Mr. questions, ,� �� interested party. When an M rder stated "yes", if they are not a n action or motion is taken it has to be complete enough to do it. � Mr Brooks stated that the commiss needs to get recom e Commission needed to be expanded. Mr Marder and asked if th stated that any information/ need to be stat ed. Mrs, Welch stated that the findings should not be referenced to the whol report, but referenced to the city Code The orksesin adjourned at 7:00 P.. MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 16, 1992 7:00 P. M. CITY COMMISSION CHAMBERS E14IERS PRESENT Joe Dennison John LeRoy Helen Stairs Don Dyal Cathryn Welch Leon Brooks MEMBERS ABSENT Torn Speer Eddie Keith Jerry Johnson HERS PRES Jay harder, Director of Planning and Development Bettie Sonnenberg, Land Development Coordinator Russell Gibson, Planning Technician The Chairman called the meeting to order at 7 :00 p.m. The first item on the Agenda was to hold a Public Dearing to consider a request to Rezone from RI -1, Restricted Industrial, to that of MR-3, Multiple Family Residential, property located at 1000 5th Street. Owner: City of Samford; representative: Jay R, harder. Mr. harder, Director of Planning and Development, City Mall, Sanford, stated that this is in provision for are affordable housing project in association with Golden Rule Dousing. This site is vacant and has been owned by the City for many years through taxes. The idea was conceived of as a housing demonstration Program whereby the City in association with Golden Rule Housing will deed this land to certain ,individuals who could not afford a house but qualify. for a mortgage. could not afford a house will be able to buy ore. There will be two houses on the site proposed for the rezoning. There are several single family houses, indoor manufacturing and multiple family housing in the neighborhood. Chairman Dennison asked if this will be by private enterprise and Private money and if the City will deed the property. Mr. Marder stated that the City will deed property to those who qualify based on family size, etc. Mr. Dal asked how will the City recoup its money. hr. harder MINUTES PLANNING AND ZONING COMMISSION MEETING of APRIL 16, 199 PAGE stated that it won't, that the mortgage will cover construction costs and land equity. Mr. Brooks commented that this is pant of the City's attempt to comply with the affordable housing section of the comp Plan. Mr. Dyal made a motion to approve as presented. Mr. Brooks seconded. Mr. Dyal and Mr. LeRoy made comment that this is a good project. All in favor, Motion carried. The next item on the Agenda was to holm a Public Hearing to consider a request f or a Conditional Use for property located at 1011 oak Avenue in a R -1, Single Family Residential Dwelling District, for the purpose of a Bed and Breakfast Inn. Owner/representative: Sica Nacu. ica Nacu, 1011 oak Ave., stated that she is the owner of the property and that within the last two years she has restored this property. She stated that she would life to open the house for a bed and breakfast inn and market the historic district to those who would like to learn about architecture and southern tradition. She stated that she has some experience because she managed a hotel in Romania. Ms. Nacu stated that she had her house open for the Christmas tour. The bed and breakfast inn will be named Monroe Victorian. Mr. Dyal commented that the house looks very nice but has concerns regarding the parking. Ms. Nacu stated that the site plan as submitted includes space for 3 cars. If more parking is needed, there are two spaces in front of the property. She stated that this was approved by city Commission on April 13. There are three bedrooms and two bathrooms, Ms. Nacu stated that the use of the master suite was for personal use. Mrs. Sonnenberg read into record the Development order agreements (attached).. Mr . LeRoy asked the size of sign for the first bed and breakfast that was approved, Mrs. Sonnenberg stated that she did not recall the size of the sign being in the Development Order, Ms, Nacu l sign came at the time of the site plan. Mrs. Stairs asked where would the sign be placed. Ms. Nacu stated it would be close to brick walk so that it would be most visible. Mr. Walter Padgett, 420 oak Ave., owner of the Higgins House Bed and Breakfast Inn stated that he feels very strongly that this is a win/win situation. That it would be very good for Sanford and the historic district. He has had very good reception with the Higgins House. Mrs. Barry Holland, 107 w. loth Street, questioned whether this would be transferrable or if another hearing would be required if sold. Mr. Marder stated that he did not believe that the Planning and Zoning commission has the ability to mare this type of MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 16, 199 PAGE condition. we cannot do it for one and not another. Mr. Dyal stated that the Development order shall bird the property to be either single family or a bed and breakfast. Mr. Leroy roved on approval of the change of use at 1 011 oak Ave. for an owner occupied and owner operated bed and breakfast subject to the Development order as read into the record. Mr. Dyal seconded. Mrs. welch commented that The Higgins House has set an excellent precedence. All in favor. Motion carried. The next item on the Agenda was the consideration of a request for a -month site plan extension for Beardall industrial Park located at 2511 Beardall Avenue. owner: Theodore & Ann Takorian; representative: Michael Napolitan /Charles Madden, P.E. Mr. Charles Madden, Allen Madden Engineering, stated that the owner of this property lives up north. The owner is aware that he has months to start construction. Mr. Madden stated that because of the state of the economy, the owner has not felt comfortable building the 5 buildings and has not been able to move ahead. Chairman Dennison asked if the owner really wanted to go ahead. Mr. Madden stated that he believes that the extension would allow the owner to go ahead. Mr. Dyal wanted to ]snow if all the Commission would be doing is granting an extension for 6 months, with no changes to site. Mr. Madden stated "Yes". Chairman Dennison asked if the buildings would stay under the 7 to 1 slope and questioned the noise zone. Mr, Madden stated that the title search did not show any encumbrances. Steve Cook, of the Airport Authority, said that there might be a copy of an easement, Mr. Madden stated that he has a copy of an easement but he does not know where the easement is. They will abide by FAA regulations. Mr. Madden stated that originally, the plans were sent to the Airport Authority, and that they were told that there were no problems at that time. Mr. Madden stated that he had talked to Steve Cook prior to coming here and that Mr. Cook had no problems with the site plan when presented. Mr. Dyal asked if the Airport had addressed the site plan in any capacity? Mr. Marder stated "yes'. The Airport had expressed serious concerns because of its proximity to end of runway because of the noise zone and height of buildings and how these buildings would relate to the clear zone at the end of the runway. Chairman Dennison asked for a description of how a runway would work in relation to noise contours, levels and limes. Mr. Marder stated that the most serious noise is when the aircraft breaks around, causing serious vibration. FAA regulations keep from MINUTES PLANNING AND ZONING COMMISSION MEETING of APRIL 1 , 1992 PAGE 4 building in this area because noise level can reach a level of pain. Mr. Dyal stated that an airport representative should be here. Mr. Marder stated that he is reworking the Airport into the LDR He feels that the Airport Zoning Board is supposed to be knowledgeable about any development that would take place in the area. This is a very large area. Chairman Dennison asked ]now would someone from the Airport know when an item on the Planning and Zoning Commission's Agenda concerns the Airport and ]now does anyone know. Mr. Brooks stated that in order for him to make a better decision he needed to rethink this and would need an Airport representative to dive the impact that development would have in this area. Mr. Madden asked if one of the Airport members sit on the board. Chairman Dennison replied "yes, and is here". There was no notification. Mr. Madden stated that noise was talked about the last time. Because the buildings will mostly house items. It is not labor intense. As a planner/engineer, Mr. Madden stated that he could not think of a use better other than warehousing industry, Mr. Brooks stated that there was not enough margin for error. Mr, Madden said that all dancer areas have been provided for. Mr. Marder noted that the Commission has a right to table, deny, approve, or approve with conditions. If the Committee has valid information, it could make any action. Mr. LeRoy suggested that anytime someone brings something back, the Commission should look at the thole issue. Mr. Dyal stated that his concern is because he doesn't know the actual concerns of the Airport. Mr. Brooks asked if the Commission could get more information from the Airport on what they can and cannot do. Mr. Madden commented that this is a private individual with private land, that has no problem with developing. All parties involved will be in total agreement before construction. Mr. Madden asked what would happen if they met FAA regulations but the Airport doesn't like or agree with the plans. Chairman Dennison stated that the Airport would have to have a valid reason for opposition. This is due to expire on 5/7/92 and Mr. Dyal stated that he wanted the City Attorney's opinion regarding any risk to people. Mr, Dl stated that he did not want to prejudice the ability to proceed. He moved on approval to extend the expiration date from 5/7/92 to 6/7/92. Mrs . Welch seconded. Mr. Madden asked if there would be modifications to the site plan because of the easement, non- substantial changes, could bring the charges back and be considered as an extension of a modified site plan? Chairman Dennison stated "yes . MINUTES PLANNING AND ZONING COMMISSION MEETING OF APRIL 16, 1992 PAGE The Airport had the plans before the City approval in November. The plans had been sent to Steve Cook. Mr. Dyal Stated that the Airport should have sent a letter to -the City with a list of their concerns. Chairman Dennison noted that there is a lack of communication between the two authorities. Mr. Dyal asked what kind of liability would the Commission have if approved /then deny? Mr. Marder stated that the Commission can make mistakes. Mr. Brooks commented that the Commission should look for new information. Mr. Dyal noted that the Commission could be open to a lawsuit. All in favor of the one -month extension. Motion carried. Mrs. Stairs moved on approval of the minutes as circulated, Mr, LeRoy seconded. All in favor. lotion carried. There being no further business, the meeting adjourned at 8:00 p.m. Joe Dennison, Chairman vwti �Y' From the Director of Planning and Development 7 April 9, 1992 TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of April 16, 1992 CITY OF SANFORD - Request to rezone from RI -1, Restricted Industrial to MR -3, Multiple Family Residential for property located at the northwest corner of Poplar Avenue and West 5th Street. 1. Site is Zoned RI -1, Restricted Industrial, includes approximately 19,659.14 square feet or .45 acres and is basically vacant at the present time. 2. Uses adjacent to site include single family homes, vacant land and multiple family housing Zoned MR -3, Multiple Family Residential. Several indoor industrial uses are located adjacent to and in close proximity to site in areas Zoned RI -1, Restricted Industrial. 3. This City -owned site is proposed to be utilized for affordable housing as part of a housing demonstration project being implemented by the City of Sanford and Golden Rule Housing, a nonprofit organization. 4. Recommend approval of the request to rezone from RI -1, Restricted Industrial to MR -3, Multiple Family Residential based on the mixed residential - nonresidential character already established in the immediate area at the present time. SICA NACU - Request conditional use approval to permit a bed and breakfast establishment in an SR -1, Single Family Residential Zone located at 1011 Oak Avenue. 1. Site includes a two -story structure that, according to the National Register of Historic Places, was known as the G.A. Radford House which was built in 1920 in the Colonial Revival style. 2. Uses adjacent to site include various single family homes and two two- family dwellings Zoned SR -1, Single Family Residential. 3. The City Commission approved the applicant's request for Planning and Zoning Commission's consideration of a bed and breakfast use for the site as a conditional use. 4. A bed and breakfast establishment was recently approved at 420 Oak Avenue which included an agreement setting forth various conditions. 5. Recommend approval of the request to establish a bed and breakfast establishment based on existing character of the area at the present time with conditions set forth in the attached Development Order.