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12.05.91MINUTES PLANNING AND ZONING COMMISSION MEETING DE DECEMER 5 1991 CITY COMMISSION CHAMBE] .S 7:00 P.M. MEMBERS PRESENT Helen Stairs Jerry Johnson Leon Brooks Joe Dennison Eddie Keith John LeRoy Ben Byal Cathryn Welch MEMBERS ABSENT Tory Speer OTHERS PRESENT: Jay Marder, Director of Planning and Development Bettie Sonnenberg, Land Development Coordinator Marion Anderson, Recording Secretary Commissioner Lon Howell The first item on the Agenda was to hold a Public Hearing to consider a request for an Amendment to the Planned Development Project for Northgate Planned Development, for property lying between State Road 46 and Wilson Ave. and between Standley Ave. and the 100 foot Florida Power Corporation easement. Owner: Viola K. astner; representative: Eoghan Kelley, Kevin Kelley, P. 0. Drawer ' 1828, Samford, grandson of Viola Iastner, was present for representation. M.r. Kelley stated that they are trying to add an interim agricultural use so as o continue their agricultural operation. Until construction takes place they would like to farm the land. He stated that they have adjusted the master plan because of requests from the City. F Gary Dickens, with Ivey, Harris and Walls, stated that he was also representing Viola Kastner, The purpose for amending the Planned Development is to add are agricultural use. Mr. Dickens stated that most of Staff's conditions are stated on the plan itself. However, they do have two problems. Mr. Dickens stated that they could aide by Staff's comment regarding the building setback but that the 50 would cause problems for Parcel 1B because it is a triangular shaped piece of property with a power line easement. The Kastners can not rake it work with a 50 building setback. The current }wilding setback is 25 feet along Oregon Avenue and trying to double the setback is causing problems. Mr. Dickens stated that MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER , 1991 PAV. they would like to strive for the setbacks that are listed in the code now. He asked that the Commission strike the building setback clause in its entirety. Mr. Marder stated that the code does not address Oregon Ave. at this time because it is not an existing street on the City's system. The Code generally states that in a commercial area, a minimum of 25 building setback is required, but major commercial streets are designated somewhat larger than minimum. This type of street would be looking at a 50 building setback. Mr. Dyal asked if the request is only to use the property as agricultural with no other changes. Mr. Kelley explained that when the PD was first submitted it did not contain an interim agricultural use and stated that they would like to have this use until such time as construction. They are only requesting an interim agricultural use. Mr. Kelley stated that they have been asked by Staff to change the PIS in several ways and that they are not interested in making changes that will jeopardize the use. Changes such as changes to the ingress/egress, and 50 setbacks which would cause detrimental effects on one parcel. Oregon Ave, has not even been dedicated to the City 'as of yet. They are only asking that they be allowed to farm the land. Mr. Kelley stated that they are asking the Commission and staff if they may keep the PD the way it is and add a note stating that it is o, k, to have an interim agricultural use. Mr. Marder stated that he believed -the 50 building setback was part of the prior approval but that it is possible that it was somehow deleted. when he looked back at his recommendations, this was the same recommendation that had been presented with the prior approval. An alternate recommendation was provided to the Chairman reflecting the intent to simply vie for the interim agricultural use and not change any other uses. Mr. Dickens stated that certain modifications in the submittal added a sentence which clarified the relationship of the commercial area to the Lockhart smith Canal. The 50 setback is a problem they may be able to handle with exception for the setback on Parcel 1B. Mr. Brooks asked what would be farmed. Mr . Kelley stated that they have farmed cattle for a number of years. Them are 14 acres for cattle. There are two basic bread and butter incomes, cattle and crops. Mr. Keith asked if there was any idea when the land out there will be utilized for the Mall. Mr. Marder stated that specific MINUTES PLANNING AND ZONING COMMISSION MEETING of DECEMBER 5, 1991 PAGE tim fram s are included in the Development Order and that based on communications with the representatives they are moving ahead, they are committed. It is just a ratter of time with nothing definite as of yet. M. Stairs asked Mr. Marder if he could foresee any problems with the setback further down the road. Mr . Marder stated that in terms of the 50 setback, it is reasonable. There are procedures for variances in this regard. This tract is relatively small. Mr. Dickens stated that if the site was not impacted by an easement, they could work around this setback but that there is already a small window to work with on this particular parcel. Just because the building etbacl along 46 is 50 it will be very hard to work with along Oregon Ave. Mr. Johnson asked if the property on the North side of 46 have the same setback requirements. Mr. Marder stated that everything alone the north side is in the unincorporated area. Mr. Marder stated that Staff Qould recommend the setback for all other property as o 1 and for this particular parcel recommend 25 Mr. Dickens stated that they also had a problem with Condition H of staff's recommendations. He stated that although he could not definitely state, "yes". the Kastners would make every effort to develop the property in the next five years. If construction has not commenced within the next five years, the zoning will lapse. Mr. Dickens asked if the Commission would strike the 32 multi family units or the 40,500 square feet of building to be constructed within five-years. M. Marder stated that he didn't have any great problems with Mr. Dickens' request. Mr. LeRoy moved in favor of recommending the approval for the interim agricultural zoning use and to also include Staff' recommendations with the exception of the 50 setback on Parcel 1B, and strike the criteria requiring that 40,500 square feet of building or 32 multiple family dwelling units to be constructed within the five-years.' seconded by Mr. Keith. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for an Amendment to the Planned Development Project Plan for Southridge Planned Development, for property lying between County Road 4 -A and Hughey St, (Oregon Ave.) extended westerly and between I -4 and Oregon Ave. extended southerly. MINUTES E PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 5. 1991 PAGE 4 Owner: Viola K. Kastner; representative: Eoghan Kelley. Kevin Kelley stated that he is present representing Viola Kastner, his grandmother, on the southridge PD amendment. He stated that they are interested in adding the interim agricultural use with no other changes. Mr. Marder stated that based on the past decision, the Commission may want to delete item H and that Note No. 8 on the plan reeds to be strickened, but not necessarily at this time. Gary Dickens stated that he has no problems with the setbacks at this time but noted that they may cause some problems in the future and that they may have to come back before the Commission at a later date. He stated that he has recommended to client to abide by the ' setback at this time but wanted the record to reflect that they may be back at some later date because of some unforeseen problems. Mrs. welch move on recommending approval to have the agricultural interim use with the deletion of Item H and the deletion of Note on Plans. Seconded by Dyal. 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 W, 1st Street, in a GC-2, General Commercial Zoning District for the purpose of a change of Use of a non - conforming structure and lot from single family ly to retail sales and service. owner representative: Earl S. Black, Sr. Norvel Angle, 914 Park Ave., was present for representation. H stated that Mr. Black would like to have an appliance store and that it would be generally a commercial retail business. Mr. Angle stated that most apartment owners buy appliances from Mr. Black. Mr. LeRoy asked if this is the building where all the appliances set out on the f runt porch. it . Angle stated "yes , Mr. Black needs somewhere to store his appliances. until this is worked through ". Mr, Angle stated that Mr. Black has lost his lease on Sanford Ave. Ms. Sonnenberg stated that she has received a letter from Heifer Project International, the adjoining property, requesting that the second hand appliance business keep the ground and building accordingly and that any sign be in compliance with the code of the city. Mrs. stairs moved on approval. Seconded by Mr. Keith. Mrs. welch and Mr. LeRoy opposed. Motion carried. MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 5. 1991 PAGE The next item 'was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1019 Magnolia Avenue in 'a SR -1, Single Family Residential Zoning District for the purpose of a change of use of a non - conforming structure from single family use to two family use. Owner /representative: Stefano Angiulli, Jr. Stefano Angiulli, Jr., 600 Laurel Ave., stated that there are two buildings on property. A family is living in the main building. The inlaw apartment has all facilities and he would like to rent it out. He does not want to enlarge the building but would like to add a kitchenette. would like to make it a mice little one bedroom. Mr. Angiulli explained that the taxes have doubled the utilities are expensive. He stated that he could use the extra income. He stated that it seems the neighbors don't life the idea but he doesn't want to hurt anyone Glen Cooper, 1015 Magnolia, was present and in opposition. He stated that the size of this apartment is not conducive to family living. More of a room. This rental property is rented by the week. Mr. Cooper objects because people are transients. The building is a garage which has a day room in it. It has never been an apartment. There were approximately 16 people in the audience in opposition. Warren Skipper, 209 E. 10th St., was present and in opposition. Mr. Skipper stated that he objects to the use of this being rented out. He has been active several years in preventing this type of use. Liz Williams, 415 Palmetto Avenue, spoke in opposition. She stated that this is' in her neighborhood watch area. Mr, Angiulli also owns the Gables which are weeny rentals. There are comings and goings at all hours of the night. Ms. Williams is afraid that this is going to happen at this location if this request is allowed. Rachel Cheek explained that she has 6 children and is a single mother. She does not want men coming in and out of this garage. There are-no street lights on the corner and she does not want people coning in and opt. Mr. Keith moved to deny. Seconded by everybody. Motion carried. The next item was consideration of the Final Flat for Silver Lake Industrial Park, a fifty lot industrial subdivision located at 2001 Silver Lake Drive in MI -2, Medium Industrial District. Owner: William D. Horvitz, Tr.; representative: Donald W. MINUTES PLANNING AND ZONING COMMISSION MEETING of DECEMBER 5, 1991 PAGE McI ntosh, Jr. ( Preliminary Plat approved May 2. 19 91 ). Mr. Marder stated that outside of changing the wording on the access utility easement, Staff recommends approval. Mrs. Sonnenberg stated that two names are unacceptable to 911, Continental Dr. and International Dr. They are duplicates or eery similar to names in the phone service area, Mrs. Sonnenberg stated that this has been brought to the attention of the applicants and that they are working on other names. Mr. LeRoy moved to approve. Seconded by Ms. Welch. All in favor. Motion carried. The next item was the consideration of the Site Plan for an appliance store, for property located at 805 W. 1st Street in a C- , General Commercial District. Owner: Earl W. Black, Sr.; representative: Norval Angle. Nor e l Angle, 914 Park Avenue, was present representing Mr. Black. Mr. LeRoy asked what constitutes outside storage of appliances. Does it mean to be out of the elements, under roof, or what? Mrs. Sonnenberg stated that it means that the appliances should be within an enclosed area and this porch is not enclosed. Mr. Angle stated that there will not be any storage on the front porch. what is there, is there temporarily. There is a big storage area on the side of the house where the garage has been closed in. Mr. LeRoy asked why Staff is requesting that the front drive be remove and restored. Mrs. onnenberg'stated so that people won't drive up on this ingress and back out onto 46. Mr. Angle requested that they be allowed to }peep drive there to load and unload appliances. He stated that they will put in a gate so that it will be used for business only and not for customers. Mr. Angle stated that a customer would pick up an appliance at the back in the parking area and load onto the vehicle. They will be using 1 ton pickup truck for their deliveries. Mr. Angle stated that they will restore the curb and mare all deliveries and pickups through the back, Mr, Angle stated that all Staff's recommendations are acceptable. Mrs. Sonnenberg stated that the Heifer Property adjoining this property, has same situation for using alley. The zoning is MINUTES PL I II AND ZONING COMMISSION 1EETII OF DECEMBER 5, 1991 PAGE 7 commercial but on the west side it is residential. Mr. Brooks asked Mr. Angle how much storage space is there. Mr, Angle stated that it is probably between 800 and 900 square foot for actual storage. Ir. Johnson asked if there would be any problems with closing off the garage door. Mr. Angle said "no ", and that they would put in solid wall. Mr. Keith move on approval with the front curb restored and resodded, no outside storage of any appliances, and closing off the garage door and with compliance of all of staff's recommendations. Seconded by Mrs. welch. All in favor. Motion carried, Mr. Brooks stated that at the convenience store at Airport and Sanford Avenue, there is a big plant that blocks view when turning right. Mr. Brooks stated that someone needs to check the signage. Mrs. Stairs stated that, near the State Attorney's office, there is a grate with the end is turned up. This could be a liability if someone tripped. It is on the sidewalk on Park Avenue side. Mrs. Sonnenberg to have someone check. Mrs. welch noted that someone removed crepe myrtles at 17-92 and Park Drive. Mr. Brooks moved on approval of the minutes as circulated. Seconded by Mr. Dyal. All in favor. Motion carried. Mr. Marder stated that he had talked to representatives of DCA, and that subject to bureaucratic caveats, things are looking pretty good on our Comp Plan.. There being no further business, meeting adjourned at 8:45. oe Vennison, Chairman ■ i owes ■ ilk ■ ago N From Me jDiereclor of n DevelopmeW November 27,1991 TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of December 5, 1991 I ASTNER= NORTHGATE - Request to amend Northgate Planned Development Master Plan to permit interim agricultural uses for property Zoned PD, Planned Development located in the southeast corner of State Road 46 and Interstate 4. 1. Site is Zoned PD, Planned Development and contains approximately 65 acres. Existing land uses include agriculture, vacant land and wetlands, A large drainage canal known as Smith Canal, traverses the site. A single famil dowelling and agricultural buildings appear to b located on site, 2. North ate !plaster Plan dated August 8, 1990 proposes development of t welve individual tracts with land uses and acreages summarized as follows: Land Use Acre a ire U nft s Commercial 23.84 2909000 S.F. Office/Medical 6.54 11 59000 S.F. Multiple-Family 19.42 320 L` . .'s 3. Traffic Circulation and Access Man a ent - In August, 1990, the applicant submitted traffic analysis data stating that the project, at k uildout would generate 33,282 daily trips with 17,243 net daily trips. By including the first phase of Seminole Mail and assuming a level of service of "D" based on 1989 -90 FDOT standards, the analysis reflected generally acceptable operating conditions on major area roads. It should be noted that Seminole Properties' Development Order requires the construction of Rinehart Road as four lanes, SR 46 to sic lames, Oregon Avenue as four lames and other related improvements. Rinehart Road right -of -way anticipates eventual eight - lapin. Since the North ate Master Plan was approved in 1990, the Florida Department of Transportation has developed Access Management Standards including the implementation of Interim Standards. FDOT determines spacing lased on posted speed. Speeds of between 36 - 45 miles per hour require connection spacing of 440 feet. Speeds of over 45 miles per hour require connection spacing of 66o feet. These spacing requirements apply to generic segments f roadways. Local governments must comply with FDOT standards. The FDOT standards apply to state roads. Planning Recommendations for December 5, 1991 Page 2 General Access - In general, the distance between mesa points along Oregon Avenue depicted on the master plan reflects approximately 330 feet or more with full access median crossings spaced at approximately 6o feet or more, Tracts 1 X 1 B and 2 - These tracts are located at the main arterial intersection to the Seminole Mall. The applicant estimates that over 29,000 trips per day will be driving past this segment of Oregon Avenue. Such volumes are comparable to volumes on U.S. Highway 17 & 92 which ranges from 26,000 to 37,000 daily trips. Again, it should be emphasized that the traffic projections do not include later phases of Seminole Towne Center or any additional developments in the general area, Such high anticipated volumes justify the need to provide for maximum spacing of access points in order to maximize the traffic carrying capacity of arterials and major collector roadw and generally avoid mistakes of the past whereby excessive curb cuts have diminished to functioning of arterial roads. _Tracts 10 and 11 1 - Beginning at the intersection of State Road 46 and Rinehart Road, the circle symbol shown on the ,vaster plan depicts a County-approved access point at a distance of approximately 660 feet from the arterial. The proposed right-in-right-out access point just south of SR 46 on Rinehart Road is located approximately 200 feet from State Road 46. Recognizing that long range plans call for eight lanes on Rinehart Road plus the highs anticipated traffic volume, 20 foot distance for the proposed access is considered too close for proper future traffic circulation in this location. Because of proximity to State Road - 46 and high anticipated traffic volumes on these three ,major roadways, recommend that access points to Oregon Avenue and Rinehart Road be a minimum distance of 660 feat from State Road 46. Otherwise, the proposed access spacing of approximately 660 feet between full access median crossings and approximately 330 feet between right -in /right -out and full access points be approved. With regards to Tract 1 B, access shall be provided from the adjacent owner, Seminole Towne Center Development by Simon Development Company, provided ho wever that if the Seminole Towne Center is unwilling to provide such mess to Tract 1139 a right -in /right -out access may be provided on Oregon Avenue, Also regarding access to Tract 1 B, a right - in /right -out access may be provided on Oregon Avenue as a interim access in the event that the tract is to be developed prior to the physical availability of access from the adjacent owner, Seminole Towne Center Development by Simon Development Company. Planning Recommendations for December 5,1991 Page 3 4 . Site is adjacent to the Seminole Properties mail site to the guest which is zoned PD, Planned Development. Highway commercial uses are located north of site in C -1 and c -2 commercial Zones in the unincorporated area. Site is also adjacent to land Zoned Agricultural that includes vacant land, a kennel and several single family dwellings. 5 , Site is designated as 1- High Intensity in the Future Land Use Element of the comprehensive Plan. 1 High Intensity requires PD, Planned Development Zoning and encourages high intensity, mined use development in the 1 46 area. Proposed mixed uses included on the I orth ate Master Plan are generally consistent with the 1- High Intensity designation. In 1990, the city Commission approved the Northgate PD, Planned Development rezoning based on consistency of proposed uses and their density and intensity with the Future Land Use Element with various stipulations and conditions. In addition to the following stipulations and conditions that were recommended in 1 990, recommended additions and revisions are noted as follows: a. The project shall he developed in accordance with the information, data, plans and cornmUments contained in the I orth ate Master Development Plan and supplemental information unless otherwise directed b the . "affiNk" enumerated b elow. GO nowS WN#X ON b. Prior to the issuance of a site development permit for the site or increment of development, a master traffic circulation plan for the site shall be approved by the City. Such plan shall reflect transportation requirement for each phase of construction and shall b amended as necessary to accommodate each increment of development, In and of itself, amendin the master traffic circulation plan shall not require an amendment to the PD Master Plan. i i i. i w i i it i i s i`a it ■ I. i i # N OR". Y ! 3 t W2 i "T ! rt 1 My Yr s # jL'!. I % — A — MM'JL_�', MOM Mm a —AMM L —A i i< _ J rt = Planning Recommendations for December 5 1991 Page IN 1 a * i 1 # i i i � � � i i. 3 i i i � � � ♦+ i i i i �. Prior to selling, leasing and/or otherwise dividing the land into parcels, tracts, lots or other similar interests, the site o portion of site in question shall comply with the City's subdivision plan revie w procedures. Prior to the issuance of a site development permit for the site or any portion thereof, a master drainage plan for the site shall be approved by the City. h. The minimum building setback from realigned Oregon Avenue, Rinehart Road (Stanley) and the proposed Airport Connector shall be fifty feet ) , Minimum landscape requirements for the aforementioned streets shall be the same as set forth in the Land Development Regulations for roads designated as Arterials. �. if either 40,500 square feet of building or 32 multiple family dwelling units are not constructed within five years of the effective data ' of approval of PD, Planned Development Zoning, then the PD, Planned Development Zoning shall expire unless exten by prior ap proval by the City. Should PD Zoning expire, the land shall revert to AG, Agricultural Zoning. KAgTNgR = SOUTHRIDGE - Request to amend Southridge Planned Development Master Plan to permit interim agricultural uses for property Zoned PD, Planned D evelopment located in the northeast corner of County Road 46A and Interstate 4. 1. Site is Zoned PCB, Planned Development and contains approximately 31 acres. Land is basically vacant a t the present time. A major power line traverses the site. 2. Southridge Master Plan dated December 5,1991 proposes development of four individual tracts with land uses and acreages summarized as follows: Planning Recommendations for December 5, 1991 Page Land Acre aae Square Footage! nits Hotel 7.35 275 Rooms Commercial 4.90 80000 S.F. Office/Medical 5.84 20,000 S.F. Multiple-Family 12.7 175 D.u. Includes 43,000 S.F. of Commercial S.F. Proposed access to tracts includes a system of full access points with median crossings and limited access points with right -in /right -out only onto Rinehart Road. The City reviewed traffic analysis data supplied by the applicant In August 1990, the applicant submitted traffic analysis data that states that the project, at huildout would generate 12,201 daily trips wfth 7,484 net daily trips, Including the fiat phase of Seminole Mail and assuming a level of service of "D" based on 1989 -90 FDOT standards, the analysis reflects generally acceptable operating conditions on major area roads. It should be acted that Seminole Properties' Development order requires the construction of Rinehart Road at four lanes and other related improvements. Rinehart Road Extension will be a County facility and is planned for eventually providing eight traffic lanes. 3. Site is adjacent to land Zoned Agricultural that includes vacant land, a funeral home and several single family dwellings. The Comprehensive Plan designates the site as 1-4 High Intensity in the Future Land Use Element. 1-4 High Intensity encourages high intensity, mixed use development, Proposed mixed uses included on the Southridge Master Plan are generally consistent with the 1-4 High Intensity designation. 5. In 1990, - the City Commission approved the Southrid a PD, Planned Development rezoning based on consistency of proposed uses and their density and intensity with the Future Land Use Element with various stipulations and conditions. In addition to the following stipulations and conditions that were recommended in 1990, recommended revisions are noted as follows: . The project shall be developed in accordance with the information, data, plans and commitments contained in the Southridge Master Plan and supplemental information unless otherwise directed by the recommendations enumerated below. Planning Recommendations for December 5, 1991 Page b. Prior to the issuance of a site development permit for the site or increment of development, a master traffic circulation plan for the site shall be approved by the City. Such plan shall reflect transportation requirements for each phase of construction and shall be amended as necessary to accommodate each increment of development. In and of itself, amendin the master traffic circulation plan shall not require an amendment to the PD Master Plan. i = l Iral n W 0 1 i Access to the site along Rinehart Road shall conform to a Joint Facilitation and infrastructure Agreement accepted by Seminole County. 1 e. Prior to selling, leasing and/or otherwise dividing the land into parcels, tracts, lots or other similar interests, the site or portion of site in question shall comply with the City's subdivision plan review procedures. f. Prior to the issuance of a site development permit for the site or any portion thereof, a master drainage plan for the site shall be approved by the City. . The minimum building setback from Rinehart Road shall be fifty feet ), Minimum landscape requirements for Rinehart Road shall be the same as sat forth in the Land Development Regulations for roads designated as Arterials. i I i IF i ar a i i t a s . . = a i a r i i rt * # i ar l s f i a s ar A i GT - d - Lw f U i s a ■■ a a t If either 28 hotel rooms or 10,000 square feet of commercial /office development or 18 multiple family dwelling units are not constructed within five years of the effective date of approval of PD, Planned Development Zoning, then the PD, Planned Development Zoning shall expire unless extended by prior approval by the City, Should PD Zoning expire, the lanai shall revert to AG, Agricultural Zoning. Planning Recommendations for December 5,, 1991 Page BLACK - Request conditional use to permit an appliance store, i.e., change the use of a nonconforming structure from a single family residence to a retail sales and service in a GC -2, General Commercial Zoning District located on West First Street between green Cedar Avenue and Holly Avenue. 1. Site includes a lot fronting West First Street with a two story dwelling, Site is approximately 5,803 square feet. 2. Adjacent uses include various offices and residential uses, 3. The proposed use, appliance sales and repair, involves the storage and display of machines. At the present time there is an antique store located on the north side of First Street. There do not appear to be other former residences that have been converted for use as retail sales and service establishments. Recommend denial of the request to establish lish retail sales and service because neither the existing building or site are designed to adequately accommodate the proposed activity. GUILL11 - Request for conditional use approval to establish a two-family dwelling in an SR -1, Single Family Residential Zoning District located on Magnolia Avenue between Tenth Street and Eleventh Street, 1. Site includes a one - family dwelling and an accessory building on approximately y 8,775 square feet. 2. Uses adjacent to site include various one - family dwellings. 3. In 1983 the site and surrounding area was rezoned from a multiple famil residential classification to SR -1, Single Family Residential Zoning based on policy to reestablish and encourage one - family dwellings in the area. Recommend denial of the request to establish a two-family dwelling in this area used on land use policy established to strengthen the single family character of the area.