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02.07.91MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 7, 1991 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: John LeRoy Tom Speer Cathryn Welch Eddie Keith Joe Dennison Leon Brooks Helen Stairs MEMBERS ABSENT: Jerry Johnson Ben Dyal OTHERS PRESENT: Jay Marder, City Planner Bettie Sonnenberg, Land Development Coordinator Bill Simmons, Director of Engineering and Planning Marion Anderson, Recording Secretary Chairman Dennison called the meeting to order at 7:00 P.M. The first item on the agenda was to hold a Public Hearing to consider the request for a Conditional Use for the expansion of a non - conforming structure, a church, in a MR -3, Multiple Family Residential Zoning District. Owner: Triumph Church of the New Age; representative: Rev. Grady Roberson. Rev. Grady Roberson, 1413 Locust Avenue, stated that the request is for an addition to the building for a dining room and a meeting room. He stated that they are in a growing stage and the meeting room is needed. His congregation meets about once a month. Every two years a number of people from churches. out -of -state come in for meetings. Mrs. Sonnenberg noted that the City Commission has granted the church the right to use an unpaved area for parking. She stated that a 36 -inch Pecan Tree is in the rear and that the addition has been designed so that the tree could be saved. Non- conforming setbacks have been generated. Mrs. Sonnenberg advised the Commission that approval could be given for the site plan as well as the non - conforming expansion. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 7, 1991 PAGE 2 Mr. Simmons stated that he has looked the site plan over relative to the driveway in relation to Cloud Branch. In all probability Cloud Branch will stay where it is and will not be enclosed in a culvert or pipe. There is no problem with going ahead with this approval. Mr. Simmons stated that if something has to be done, it will be dealt with, but the City would not end up with a larger ditch. Mrs. Sonnenberg stated that this has been reviewed by the Engineering Department and visited by Mr. Holloway. The Building Department has not given this a courtesy review. Mrs-. Sonnenberg stated that Rev. Roberson is aware that the. bathrooms will not work. Mr. Brooks moved on approval with stipulations granted to allow him to make the necessary improvements to the property. Seconded by Mr. Keith. All in favor. Motion carried. The next item on the agenda was to hold a Public Hearing to consider the request for a Conditional Use for the purpose-of the placement of two above ground 8,000 gallon tanks for heating oil and #2 diesel in a GC -2, General Commercial Zoning District. Owner: John & Jeanette Daniels; representative: Paul Stankay. Mr. John Daniels, P.O. Box 300, Sanford, stated that he ways born in Sanford and has lived here all his,life. He has been in business for 31 years at this location. He feels he is doing & service to the people of Sanford because there is no one else that delivers fuel oil. He furnishes fuel for MCT Truck Company and also the milk company on Airport Blvd. People do not have another source- of getting their fuel oil. Mr. Daniels stated that he is working with a contractor and an engineering firm because they have 90 days to come up with something, either to dig up &nd replace underground tanks, which will take a great deal of expense -, or install above ground storage tanks. Mr. Daniels stated that a small delivery truck is used to transport fuel to the truck companies and also residences. A fuel company out of Deland provides the fuel oil. Paul Stankay, 6109 S. Orange Blossom Trail, Orlando, stated that from an environmental standpoint they are attempting to use the double walled tanks that will be diked. The tanks will be cleaned weekly and Mr. Daniels will adhere to DER rules. The contractor is proposing to permit the tanks with DER. The tanks are MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 7, 1991 PAGE 3 approximately 8 -feet in height and 21 -feet long. There will be a short 2 -foot wall will be around the tanks with a sufficient buffer on all perimeters. Underground tanks cost approximately three -fold compared to above ground tanks. The tanks will be located past the telephone company's equipment. There is no need for underground lines to fill the above ground tanks, this will all be done through the dikes. Mr. Daniels stated that the State has requirements -on the removal of underground tanks- Tanks. can be removed or filled with a proper substance and left underground. Something has to be done-. The cost is less for above ground tanks. The expease of removing the old tanks and replacing them is why Mr. Daniels, is requesting. a conditional use for above ground tanks. Mr. Daniels stated that No. 2 diesel is not explosive like gasoline but it will burn. The fumes are not like gasoline. Mrs. Stairs moved on denial. Motion died from lack of second. Mr. Speer moved on approval. Seconded by Mr. Brooks. Mrs. Stairs opposed. Motion carried. The next item on the agenda was to hold a Public Hearing to consider the request for a Conditional Use for the purpose of alcoholic beverage sales - Class.3 (Special) with a restaurant in a GC -2, General Commercial Zoning District. Owner: Farid Benfar; representative: Edward Schuckman. Mr. Edward Schuckman, 791 Dogwood Dr., Casselberry, stated that he is proposing a restaurant with a Jimmy Buffet type atmosphere and is planning to have 300 seats. The restaurant will be where Fairway Market use to be.. There will be a dance floor.. Mr. Schuckman stated that he is proposing to have a 70 -foot bar in one section, will show movies in one section, and will have B billiard tables. He is planning on becoming a billiard center for the State. There will be charity benefits two or three times a month to aid agencies in Seminole County. The proposed hours of operation will be from 11:00 a.m. to 2:00 a.m. Mrs. Sonnenberg stated that Police Department has no problem a-s long as alcoholic beverage sales are in conjunction with the sale of food. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 7, 1991 PAGE 4 Mr. Schuckman stated that the main meals will be served until 10:00 P.M.; then the restaurant will be closed. The beverage license is conditioned upon the decision of the Planning & Zoning Commission. Mr. Schuckman stated that he could obtain a license for a package store. Steve DeBole, 2623 E1 Portal Avenue, stated that he lives adjacent to the parking lot of the Fairway Market. Mr. DeBole stated that the parking lot did have a lot of activity during late nights- anal asked what will be done to police loitering within the parking lot. Mr. Schuckman stated that they will have a security force of at least three people. If someone is in the parking lot 5 minutes -or more, security will ask them to leave, if they do not leave the Police Department will be called. Mr. Brooks moved on approval. Seconded by Mrs. Stairs. Mr. Speer made an amendment to the motion that no alcoholic beverages would be sold to be removed from the building, opened or unopened. Mr. Dennison, Mr. Brooks, Mrs. Stairs, and Mr. Speer in favor of the motion. Mr. LeRoy, Mrs. Welch, and Mr. Keith opposed. Mr. Dennison, Mr. Brooks, Prs. Stairs, and Mr. Speer in favor of the motion as amended. Mr. LeRoy,,Mrs. Welch, and Mr. Keith opposed. Motion carried. The next item on the agenda was the consideration of the Final Plat for Northstar Business, Park Phase Three, an industrial park located at 200 - 301 Northstar Court in a GC -2 General Commercial District. Owner: Northstar Business Park, Ltd.; representative: William Stoller. Mr. Speer moved on approval. Seconded �y Mr. Lexcy. All in favor. Motion carried. The next item on the agenda was- the consideration of the Site /Engineering Plan for a Storage Addition to Wal -Mart, a- retail use, located at 3653 Orlando Drive in a GC -2, General Commercial District. Owner: Kimco Development of Seminole Sanford, Inc.; representative: Mike Hopper. Buddy Cole, store manager, 3653 Orlando Drive, stated that this will be a 16,536 square foot addition with the relocation of store offices. Kimco Development has agreed to make the revisions, clean MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 7, 1991 PAPIR 5 up retention pond, and bring the landscaping up to code.. The addition will be all office and storage areas. Mr. Cole stated that he has no problems with Staff's recommendations. Mrs. Stairs moved on approval. Seconded by Mr. Keith. All in favor. Motion carried. The next item on the agenda was the consideration of the Site/Engineering Plan for an Office Addition to Fr. Flanagan's Boys' Horne Central Florida Shelter, a residential, care facility, located at 3500 Sanford Avenue in a MR -3, Multiple- Family Residential District. Owner: Fr. Flanagan's Boys' Horne; representative: Greg Neilsen. Greg Nielsen, 114 E New England Avenue, Winter Park, stated that he is the architect for this project and that the addition is approximately 1820 square feet. The new parking lot will take care of the cars parking along. Rose Drive and on the grass.. There will be more than enough parking. No personnel will be-added. Mr. LeRoy noted that the curb cuts on Sanford Avenue too close together and asked for Staff's recommendations.. Mr. Simmons stated that Staff recommendations are to approve-. Mr. Marder stated that with an existing situation there is not much that could be done. Mr. Marder stated that he believes. that the regulations provides the opportunity to allow this; they have enough frontage to allow the two curb cuts. This is more of an institutional use rather than commercial. Mr. Brooks moved on approval. Seconded by Mrs. Welch. Mr. Brooks, Mr. Keith, and Mrs. Stairs in favor. Mr. LeRoy, Mrs. Welch, and Mr. Speer opposed. Mr. Dennis.on.asked about the curb cut and what considerations could be given to it. Mr. Neilsen stated that they would try to work this out but he feels it is in the best interest of his client to have the second curb cut. Mr. Speer recommended abandoning parking on the southside of the building. Mr. Dennison stated that he is in favor of denying the approval. Mr. Simmons stated that the requestox has the right to appeal the decision to the City Commission and that the Planning and Zoning Commission has the right to direct him to change the curb cut. Mr. LeRoy moved to reconsider the site plan. Seconded by Ms. Welch. All in favor. Motion carried. Mr. Leroy moved to table until the next meeting. Seconded by Mr. Brooks. All in favor. Motion carried. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY,7, 1991 PAGE 6 The next item on the agenda was the consideration of the Site Plan for a detached sign for Al's Army Navy Store, a retail use located at 1401 French Avenue in a GC -2, General Commercial District. Owner: Wm. H. and Sandra C. Scovell; Representative: Neil Crasnow. Neil Crasnow, 1401 French Avenue, stated that he would like to place a detached sign in front of store, a 5'x10' sign, 15 feet above ground. Mr. Keith moved on approval. Seconded by Mr. Leroy. All in favor. Motion carried. On the Addendum to the agenda was the- consideration of the Site/ Engineering Plan for Lot 5, Northsta-r Business Park, Phase 3, a warehouse /office use located at 300 Northstar Court in a GC -2, General Commercial District. Owner: Northstar Business, Park, Ltd.; representative: William Stoller. Bill Stoller stated that this would be- a 35,000 square- foot office warehouse building. A company relocating, from Longwood will be using 2/3 of the building with intended expansion to the rest of the building at a later date. There will be 25 employees.. Signage will be on the mansard, tenant by tenant. Mr. Stoller stated that they do not anticipate having detached signs. Mr. Keith moved on approval. Seconded by Mr. Brooks. All in favor. Motion carried. Mrs. Welch moved on approval of the three sets of minutes, as circulated. Mr. LeRoy seconded. All in favor. Motion carried. Mr. Leroy asked why the Exxon and the Mobile Stations on Labe Mary Blvd. has larger. signs,. Mrs. Sonnenberg stated that they went to the Board of Adjustment and were granted the use of larger signs because, being on a corner, they would be allowed one sign on eech corner although Lake Mary Blvd. standards_ allow only one sign. Mr. LeRoy stated that the tent pegs are crossing sidewalk at the All Souls Church for the Mardi Gras. He requested that the entire tent to be placed on private property. Mrs. Sonnenberg noted Staff approval for a small addition to the terminal at the airport. The canopy addition over the baggage handling area. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 7, 1991 PAGE 7 Mr. Speer requested the difference between a junkyard and a recycling center. Mr. Marder asked the Commission if they endorse the 11x17 reduction of site plan and, if so, Staff would request this size from developers for future use. There being no further business, meeting adjourned at 8:30 P.M. r9c� Jae Dennison, Chairman kk 9 .fir .. . FROM THE SANFORD CITY P R .J January 30, 1991 TO: City of Sanford Planning and Zoning Commission SUBJECT: Planning Recommendations for Meeting of February 7, 1991 TRIUMPH THE CHURCH OF THE NEW AGE - Request conditional use approval to expand a nonconforming structure in a MR -3 Zoning District located on West 6th Street east of Pecan Avenue. 1. Site includes a small church building on 12,718 square feet. Attached site plan shows proposed building with need to vary setbacks on north and west property lines. City Commission approved parking layout on January 24, 1991. 2. Site is adjacent to Mill Creek (PoplarAvenue right -of -way), single family dwellings and an industrial building. 3. Recommend approval of conditional use request based on existing character of area at the present time and subject to general conformance to building layout on plan approved by City Commission. STANKAY ENGINEERING GROUP - Request conditional use approval to place outdoor, above - ground tanks for heating oil and diesel fuel on property Zoned GC -2, General Commercial located on the south side of West 13th Street between Williams Street and Lake Avenue. 1. Site includes approximately 26 acres and is presently being utilized as a gasoline service station. 2. Site is adjacent to convenience center with coin laundry, a commercial building and several single family residences Zoned GC -2, General Commercial. 3. Recommend that request for conditional use be denied based on incompatibility of above- ground storage tanks with adjacent residential uses. SCHUCKMAN - Request conditional use approval to establish class 3 alcoholic beverage sales in a GC -2, General Commercial Zoning District at U.S. Highway 17 & 92 and West 27th Street. 1. Recommendations are not provided for conditional uses involving alcoholic beverage sales.