04.05.90MINUTES
PLANNING AND ZONING COMMISSION
MEETING OF APRIL 5, 1990
7 :00 P.M.
CITY COMMISSION ROOM
MEMBERS PRESENT:
Helen Stairs
Les Owens
John Morris
Joe Dennison
Ben Dyal
Tommy Speer
Leon Brooks
Eddie Keith
MEMBERS ABSENT:
John LeRoy
OTHERS PRESENT:
Frank Faison, City Manager
Bill Simmons, Director of Engineering and Planning
Bettie Sonnenberg, Land Development Coordinator
Jay Marder, City Planner
Marion Anderson, Recording Secretary
The meeting was called to order at 7:00 P.M. by Chairman Morris.
The first item on the agenda was to hold a Public Hearing to
consider the request to Rezone from AG, Agriculture, GC -2, General
Commercial, RI -1, Restricted Industrial, and MI -2, Medium
Industrial to that of PD, Planned Development including the
approval of the Master Plan of Seminole Town Center and to consider
recommending a development order for Seminole Properties
Development of Regional Impact to the City Commission for that
property lying between State Road 46 and Hughey Street (Oregon
Avenue) extended westerly and between I -4 and Elder Road extended
southerly. Owner: Sanford Interstate Properties; representative:
James G. Willard.
Mr. Marder pointed out several additional materials that had been
given the Commission including a letter from the City of Lake Mary,
data regarding transportation, questions regarding the type of
intersection improvement at Hickman Drive and Oregon Avenue with
the configuration to be approved by FDOT. Other material included
questions regarding Rinehart Road between CR 46 A and Lake Mary
Blvd. which assumed that Rinehart Road would be four laned. Mr.
Marder stated that the Development Order reads that the developer
would assist and participate with other areas of Development of
Regional Impact to do what is necessary to construct the road. It
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Planning and Zoning
April 5, 1990
Page 2
could be done or a contribution made to CR 46A /Interstate 4
Interchange. Local shares need to be provided. Mr. Marder told
the Commission that some materials regarding affordable housing had
been provided to the Commission from Central Florida Legal
Services. The Regional Planning Council had reviewed this project
and was very cognizant of the housing issue. The Planning Council
encourages the provision of affordable housing but it is not
required. The Planning Council has formed a special Committee to
study affordable housing which would eventually be used with
Development of Regional Impacts. Regarding another item, gopher
tortoises, the wording in the City Development Ordinance is to
provide for a $15,000 fund that would be in the City accounts; the
City would not be responsible for this money. The monies would be
used specifically to relocate these animals.
Mr. Jim Willard, Swann & Haddock, Attorney for Seminole Mall & Mr.
Tom Snyder, Vice President of Development, were present for
representation. Mr. Willard stated that they are in agreement with
Staff's recommendations in the Development Order. This project
will include 214 acres. The Regional Mall would be Phase 1.
Phases 2 and 3 would be south of Phase 1 with SR 46 to the north.
Alignment of Rinehart Road has been approved by Seminole County.
Mr. Willard stated that they are proposing a future half diamond
interchange with the Beltway. Oregon Avenue will align with a full
signal intersection with Hickman Road. Third and fourth lanes on
Rinehart Road are required. The plan calls for the construction of
a new road, an airport connector road, running east to Upsala Road
that will eventually connect to Airport Blvd.
Steve Precourt, traffic engineer with Dyer Riddle, and Precourt
was present on behalf of the City of Lake Mary. He stated that they
are not totally opposed and they would like a modification of
condition 31 to include that portion of Rinehart Road between 46A
and Lake Mary Blvd. to be to widened to four lanes. Mr. Precourt
entered into the record a letter from the City of Lake Mary stating
that Commissoner Littons letter states that this road was
originally programmed for widenening by a State Grant. The City of
Lake Mary is trying to participate and to lead the improvements of
this facility and that this modification needs to be
stipulated as part of the Development Order.
Chairman Morris asked if the City of Lake Mary were reaffirming its
interest in improving Rinehart Road. Also that if this project was
not in a proposed stage of development, would the City of Lake Mary
have the same problem that exists today? Mr. Precourt stated that
most people using the facility would come from Lake Mary.
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Planning and Zoning
April 5, 1990
Page 3
Mr. Dennison asked "just what is City of Lake Mary asking ?" Mr.
Precourt stated that the City of Lake Mary would like to modify
Section 31 to improve Rinehart Road to four lanes.
Mr. Bruce Scott, Paralegal with Central Florida Legal Services, 315
Magnolia Avenue was present to speak regarding concerns with
affordable housing. He stated that the Planning & Zoning
Commission has been given a letter that was done by Charles E.
Conley. Mr. Scott stated that the City's position on affordable
housing is not adequate and recommended that they provide for multi
family. Basically, Section 34 of the Order does not address the
recommendation that afforadable housing be on property adjacent to
the proposed site. Prospective clients are low income individuals
that might be employed at this mall. Mr. Scott stated that Central
Florida Legal Services is not opposed to the mall coming in,
conditioned upon affordable housing as being a part of it.
Professor Conley says the City of Sanford is committed to
affordable housing. Mr. Scott asked the Commission to address
affordable housing in a more definitive way.
Chairman Morris asked Mr. Scott if he was asking the local
government to impose upon a private developer as to how he can
develop his land.
Mr. Scott replied that the State requires that a developer must
address affordable housing.
Mr. John Fountain, owner of the two acres that sit under the Stucky
Store, stated that he has been doing business in this location for
25 years and that he has no problem with the Mall nor any problems
with the realignment with Oregon Avenue. Most of his business
comes from the Interstate. His concern is with whether or not
Oregon Avenue would be closed in front of the business. He wants
Oregon Avenue to remain open because if it is closed he would be
out of business.
Chairman Morris stated that the right -of -way that is currently
being used, would continue to be used. It would not continue onto
45, nor would it become a cul -de -sac. Access will not be
jeopardized at this point in time.
Dominick Terasani, Jr., Holiday Inn SR 45 and I -4, stated that
Holiday Inn owns another 147 feet beyond what is being used by
Holiday Inn. He welcomed the Mall to the area and stated that 25
of the rooms face this area. Mr. Terasani stated that there is a
need for fire protection to have ingress /egress.
Mr. Dominick Terasani, Sr. stated that he owns 3 acres of land that
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Planning and Zoning
April 5, 1990
Page 4
go beyond the hotel. He does not want a cul -de -sac at the end of
the property. Mr. Terasani stated that the Mall can't do anything
but help his business but he does not want to go into a dead --end to
accommodate someone else.
Mr. Brooks moved to recommend approval of the request subject to
Staff's recommendations. Mr. Keith seconded. All in favor.
Motion carried.
The next item on the agenda was to hold a Public Hearing to
consider the request to Rezone from AG, Agriculture to RI -1,
Restricted Industrial, that property located at the N.E. Corner
Bevier Road and 5th Street. Owner: T.B. Ball, Jr. and Ruth M.
Ball; representative: Ann Wallace.
Ms. Anne Wallace, representing Mr. Ball, stated that there are no
definite plans at this time, for use on this property. If in the
future Ryder or any other tenant would want to expand, this would
be for expansion. There are no sales pending on this property at
this time.
Mr. Keith moved to recommend approval of the request. Seconded by
Mr. Dennison. All in favor. Motion carried.
The next item on the agenda was to hold a Public Hearing to
consider the request to Rezone from SR -1, Single - Family Dwelling
Residential, to that of GC -2, General Commercial, that property
located at 1205 South Elm Avenue. Owner /Representative: Robert
Herrmann.
Mr. Robert Herrmann, 1205 S. Elm, stated that he plans to start a
small auto repair business. There is no business operating at this
location now. The business will be on Lot 8, and will be a 25
square foot building. Mr. Herrmann understands that he has to come
back for a conditional use and site plan.
Mr. Dennison asked if the house at 1205 will remain. Mr. Herrmann
stated that the house will remain and that he would add a building
on the adjacent lot.
Mr. Dennison also asked if Mr. Herrmann is aware of staff's
recommendations.
Mr. Herrmann replied "yes, and this property is right across the
street from an auto body shop ". Mr. Herrmann plans to employ one
other person, possibly, with hours of operation between 8:00 to
5:00, five days a week.
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Planning and Zoning
April 5, 1990
Page 5
Mr. Julian Stenstrom, representing Herbert & Carolyn Stenstrom, who
owns a duplex at the corner of Elm and 12th, Street stated that
this auto place would only tend to further deteriorate the
residential character of the neighborhood.
Mr. Keith moved to recommend denial of the request. Mr. Dyal
seconded. Mr. Speer, Dennison, Brooks, and Ms. Stairs in
opposition.
Mr. Brooks moved to recommend approval. Seconded by Ms. Stairs.
Mr.Keith, Dyal, and Mr. Owens were opposed to the motion. Motion
carried.
The next item on the agenda was to hold a Public Hearing to
consider a Conditional Use for property in a GC -2, General
Commercial zone, located at 2521 S. French Avenue for the purpose
of Alcoholic Beverages Consumption on premises - Class 5 - Beer and
Wine in a restaurant with seating of not less than 20 seats.
Owner /Representative: Henry Doogarsingh.
Bernadett Singh, 2521 S. French Avenue, stated that she runs
Chicken King. There have been quite a few customers asking for
beer and they would like to serve beer and wine. This location is
across the street from Bahama Joes, Patsios, and Carlos which all
sell beer and wine.
Jarmin Day, friend of family, spoke in favor of the conditional
use. He stated that this is not an attempt to put in a beer joint.
They would like to sell beer and wine in conjunction with food.
Beer only would be all right for consideration.
Mr. Dennison moved on approval. Seconded by Mr. Brooks. All in
favor. Mr. Keith in opposition. Motion carried.
The next item on the agenda was to hold a Public Hearing to
consider a Conditional Use for property in a GC -2, General
Commercial zone, located at 505 East First Street for the purpose
of Alcoholic Beverages Consumption on premises - Class 5 - Beer and
Wine in a restaurant with seating of not less than 20 seats.
Owner: David I. Suellau; representative: James T. Mairs.
Jim Mairs, 345 Barnard Street, Longwood, stated that this is the
corner of Cypress and 1st Street. There is a of 1,000 square foot
vacancy. The prospective client would like to have a pizza take
out with beer and wine.
Mr. Dennison asked if this was next to Bram Towers.
Mr. Mairs replied "yes ".
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Planning and Zoning
April 5, 1990
Page _6
Mrs. Sonnenberg stated that they need 8 spaces for on -site parking.
They have gone before the Board of Adjustment for a variance for
parking.
Arlene Boyd, Administrator of Bram Towers, stated that she is not
directly opposed. The tenants and owners of Bram Towers have
questions for the owner of the pizza store, i.e. hours? Mr. Mairs
stated that the hours of operation would be from 11:00 until, not
much later than 8:00; he was not sure. Ms. Boyd stated that the
residents are concerned with noise and trash accumulation around
budilding. Some people think it may be a good place for them to
go. Ms. Boyd stated that there are mixed feelings among the
tenants of Bram Towers.
Herman Schroeder, Bram Towers, chairman of tenants committee stated
that they have had a number of discussions, some in favor of the
pizza store and some opposed. They have come to the conclusion that
it would ether be a nice thing for Bram towers or it could be the
worse thing that has ever happened. Would like to know the exact
hours of operation. Some tenants have apartments practically right
above this location. Fights and loud noises are not welcomed. 15
tenants have signed a petiton objecting to the beer and wine
because of the consequences that could come.
Mr. Walt Robel, Bram Towers, stated that he has the same problems
as Mr. Schroeder. He is concerned because folks that are going to
"run the joint" are not here tonight. He would like to see who
will be running the store.
Mr. Simmons stated that a conditional use is being requested, and
that the Commission could consider a cut off time in the evening.
Chairman Morris stated that to try to reach an arbitrary closing
time without the people who will be running the place, would be
hardpressed to trying to limit these people to a specific time.
Mr. Mairs stated that the owner is from New York and he is 68 years
old. He is very sensitive to the characters of the neighborhood.
Mr. Mairs does not think the demand will run past 10:00 at night.
Mr. Dennison asked if the Commission could table so as to have the
gentlemen that will be running the store come to another meeting.
Mr. Morris stated that the Commission could table or approve the
conditional use with conditions.
Mr. Speer asked the result of Board of Adjustment.
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Planning and Zoning
April 5, 1990
Page _7
Mrs. Sonnenberg stated that the Board of Adjustment would not waive
the use of B parking spaces. Mr. Mairs has a letter to go before
City Commission.
Mr. Owens moved to table until the parking situation is resolved.
Mr. Dyal seconded. All in favor. Motion carried.
Mr. Speer requested that the Commission be provided with footnotes
as to actions of other boards.
The next item on the agenda was the consideration of the Final Plat
and Improvement Plan for Indian Trace, Phase I, an 84 lot single -
family subdivision, located in a SR -1, Single - Family Dwelling
Residential District, north of Mayfair Meadows Subdivision, east of
Oregon Avenue. Owner: South Seminole, Limited; representative:
Russell J. Sepielli.
Mr. Sonnenberg recommendations read the recommendations of Staff:
Recommendation for approval by the Engineering, Fire, Planning,
Police, Public Works, Utility and the Zoning Department.
Mr. Sepelli stated that there would be 84 lots as opposed to 81
lots previously planned.
Mr. Dennison moved on approval. Seconded by Mr. Brooks. All in
favor. Motion carried.
The next item on the agenda was the consideration of the Site Plan
for McDonald's, a restaurant use, located at 3785 Orlando Drive in
a GC -2, General Commercial District. Owner: McDonald's
Corporation; representative: Ted Wilson.
Ted Wilson, Southland Construction & Builders, for McDonald's,
stated that it is intended to close the existing restaurant, the
facility is now 16 to 18 years old, and to build a new one at this
location. It is less expensive to build a new facility than to
renovate the old one.
Mrs. Sonnenberg read the recommendations of staff:
The Engineering Department recommended for approval subject to
final parking layout review. Recommended for approval by Fire,
Planning, Police, Public Works and the Utility Department. The
Zoning Department recommended for approval with the location of
handicap parking spaces and the workability of northwest parking
spaces.
Mr. Speer moved on approval with Staff's recommendations. Seconded
MINUTES
Planning and Zoning
April 5, 1990
Page 8
by Mr. Keith. All in favor. Motion carried.
The next item on the agenda was the consideration of the
Site /Engineering Plan for the Sanford Birthing Center, a
hospital /medical clinic use, located at 1812 W. 1st Street in a
RMOI,Multiple family Residential, office - Institutional District.
owner: Rufus Kite- Powell; representative: Albert Land.
(original approval 4/20/89 - expired 10/20/89).
Mr. Keith moved to table due to lack of representation. Seconded
by Mr. Dyal. All in favor. Motion carried.
The next item on the agenda was the consideration of the Site Plan
for a Church School Addition to the First Church of the Nazarene,
a church use, located at 25B1 Sanford Avenue in a SR -1, Single -
Family Dwelling Residential District. owner: First Church of the
Nazarene; representative: John J. Hinton, Pastor.
Pastor Hinton, 2581 Sanford Avenue, stated that this addition to
facilities will be directly behind present facility.
Mrs. Sonnenberg read Staff's recommendations:
Recommendation for approval by the Engineering, Fire, Planning,
Police, Public Works, and Zoning Departments. The Utility
Department recommended approval subject to impact fees on water and
sewer and to clarify easement.
Pastor Hinton stated the City was in favor of the easement being
vacated but was never done. He will follow up on the process.
Fire Marshall wants a fire lane only. We had this as a
driveway. A sign has to be put up as a fire lane. Fire lane will
not be paved but will be packed properly. Does not want it too
visible where the public will use it. Will have a T- section so
fire trucks can back up and turn around.
Mr. Dennison moved on approval subject to Staff's recommendations.
Mr. Brooks seconded. All in favor. Motion carried.
The next item on the agenda was the consideration of the Site Plan
for a change of use from retail sales (two units) to a veterinarian
and animal hospital ( indoor) use for property located at 210 French
Avenue in a GC -2, General Commercial District. owner: Steve Grier;
representative: Larry Adkins.
Larry Adkins, 3521 Forsythe Road, Winter park, was present
representing the applicant.
Mrs. Sonnenberg stated that Staff has not had a chance to review,
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Planning and Zoning
April 5, 1990
Page 9
and that there are no recommendations.
Mr. Adkins stated that this will be a new veterinary clinic, next
to the auto parts facility. The Veterianarian is working in winter
Park right now. Approval of the site plan is contingent upon the
lease. All animals will be kept inside. No runs outside.
Mr. Morris stated that a veterinary clinic or hospital would
necessitate special drainage in the floor. Mr. Adkins stated that
they would have modular pens with stainless steel floors.
Mr. Morris entertained a motion to table until the drainage could
be clarified.
Mr. Speer moved to table, Seconded by Mr. Dyal. All in favor.
Motion carried.
Mr. Marder stated that he is working on getting plan and support
data printed.
Mr. Dyal stated that 6 months ago, the Commission approved discount
gas sales on 17 -92. It now appears that a truck is sitting out
there and they are filling their tanks out of the truck. Mrs.
Sonnenberg to notify Code Enforcement.
Mr. Speer, 15 days ago, called and ask for a free pickup, dead
hedge is still there. So much trash along the streets. Mr. Speer
aked why it was taking so long.
Mr. Faison stated that with the use of one free, big pickup per
year per residence is why the City is backlogged. The City is
overwhelmed with callers; there is a 60 day backlog.
Mr. Morris stated that at the east end of Airport Blvd. there is a
big hand painted sign stating Day Care Center. 5 or 6 kids playing
along Airport Blvd. He asked if Staff could check into this
because of the closeness of the children to the streets.
Mr. Keith moved to approve the minutes as circulated. Seconded by
Mr. Dyal. All in favor. Motion carried.
Adjourned at 8:30.
. _
IN
INN
FROM THE SANFORI] CITY PM.ANNER
March 30, 1990
TO: City of Sanford Planning and Zoning Commission
SUBJECT: Planning Recommendations for Meeting of April 5, 1990
SANFORD INTERSTATE PROPERTIES - Request to rezone from AG, Agricultural,
GC -2, General Commercial, RI -1, Restricted Industrial and MI -2, Medium Industrial
to PD, Planned Development and request to approve Development Order for Seminole
Properties Development of Regional Impact for property located at the southeast
corner of the intersection of Interstate -4 and State Road 46.
1. Site is Zoned AG, Agricultural, GC -2, General Commercial, RI -1, Restricted
Industrial and MI -2, Medium Industrial and includes approximately 214 acres.
Existing land uses are reflected on the Existing Vegetation Map on page 5 of
the Master Plan. The site is primarily vacant uplands at the present time.
Existing land uses also include a small commercial building of less than one
acre fronting State Road 46, wetlands including an approximately 13 acre area
southeast of the proposed regional retail center, and at least one existing
dwelling unit.
2. The site is adjacent to Interstate -4, highway commercial uses, vacant land and
various scattered homesites .
3. Proposed phased site development is as follows:
Phase 1 - 1991: 1,250,000 sq.ft. commercial
Phase 2 - 1994: 165,000 sq.ft. commercial; 200 hotel rooms
Phase 3 - 1997: 400,000 sq.ft. office; 60,000 sq.ft.
office showroom; 200 hotel rooms
Total: 1,415,000 sq1 ft. commercial; 400,000 sq.ft. office;
60,000 sq.ft. office/ showroom; 400 hotel rooms
4. The proposed project has been determined to be consistent with the City of
Sanford Comprehensive Plann and is presently undergoing a plan amendment.
A copy of the report entitled "Comprehensive Plan Amendment for Seminole
Properties DRI" dated Marsh 21, 1990 is attached.
5. An analysis of the proposed project's impact on regional facilities, services
and environmental charact r by the East Central Florida Regional Planning
Council is contained in a re�ort entitled "Seminole Properties Development of
Regional Impact, Report NO. 689 -13" as previously provided to the Planning
Plana ing Recommendations
and Zoning Commission and the City Commission. The Council's
recommendations are incorporated into the attached development order
proposed by Sanford. A copy of the Council's final recommendations are also
provided pursuant to a letter dated March 28, 1990 to John Morris.
6. Review of the proposed Master Plan by the City's Plans Review Committee
considered issues not previously considered in the regional review process.
The need to carefully plan vehicular access points between and among parcels
in the I -4, SR -46 and Oregon Avenue area, building setbacks from major
highways and City responsibilities are reflected in the attached Exhibit "1"
entitled "Seminole Properties PD, Planned Development Conditions of
Approval. "
7. The issue of affordable housing is incorporated into the Regional Planning
Council's recommended development order conditions. The affordable housing
issue was raised at hearings held by the Regional Planning Council. The
Council decided to establish a committee to examine the affordable housing
issue as a process to form the basis for and prior to mandating an affordable
housing requirement for developments of regional impact. Recommended
condition number 34 of the development order "encourages" rather than
"requires" a housing element in the proposed project. A summary of housing
developments, land development regulations related to housing and effort by
Sanford's Community Development are included in the attachment entitled
"Summary of Affordable Housing Considerations For the City of Sanford."
8A. Based on the proposed project's consistency with the City's Comprehensive
Plan and overall compatibility with existing and anticipated character of the
immediate area, recommend approval of request to rezone from AG,
Agriculture, GC -2, General Commercial, RI -1, Restricted Industrial and MI -2,
Medium Industrial to PD, Planned Development subject to incorporation into
the rezoning ordinance of conditions set forth in the attached Planned
Development Conditions of Approval.
8B. Based on the above - described findings and analyses, recommend that attached
Draft Development Order be approved with all conditions and stipulations as
noted.
NOTE: The City of Sanford's Draft Development Order includes the following
modifications 1 additions to the East Central Florida Regional Planning Council's
Recommended Development Order:
• Condition 31 - Realigned Oregon Avenue is added to list of required
road improvements .
• Condition 35 - Greater specificity of annual report items as
recommended by ECFRPC is added.
• Condition 38 - Added provision to provide flexibility for the provision
of water and sewer services.
• Condition 36 - Provided wording to insure project is vested under
- -2 --
Planning Recommendations
future concurrency provisions.
The City's Development Order follows the development order format
recommended by the Region. Non - substantive changes to the RPC's
recommendations include the deletion of citations after each condition and the
deletion of number 37, an advisory comment regarding Sanford's
Comprehensive Plan.
BALL - Request to rezone from AG, Agriculture to RI -1, Restricted Industrial for
property located at the northeast corner of Bevier Road and 5th Street.
1. Site is Zoned AG, Agriculture and includes approximately 3.3 acres. Site is
basically vacant at the present time.
2. Site is adjacent to an RI -1, Restricted Industrial Zone that includes a trucking
establishment. Additional RI -1 and MI -2, Medium Industrial Zones are located
in vicinity of Site.
3. Site is adjacent to A -1, Agriculture in the unincorporated area which includes
several single - family dwellings and vacant land.
4. The Future Land Use Plan Element of the Comprehensive Plan reflects a
Regional Commerce designation for the site and surrounding area which
anticipates industrial and commercial activities.
5. Recommend approval of request to rezone from AG, Agricultural to RI -1,
Restricted Industrial based on consistency with comprehensive plan and
similarity of existing zoning already established in the immediate area.
HERMAN - Request to rezone from SR -1, Single Family Residential to GC -2, General
Commercial for property located at 1205 South Elm Avenue.
1. Site is Zoned SR -1 and includes two 50' wide lots with an existing residence.
2. Site is adjacent to a GC -2, General Commercial Zone that includes offices,
parking areas, automotive repair and a residence.
3. Site is also adjacent to an SR -1, Single Family Residential Zone that includes
various one and two family dwellings.
4. Future Land Use Plan reflects a Community Commerce designation for the
block that includes the site. Under the heading "Major Development
Concepts" the Land Use Plan states that ". . . these development concepts
and categories are not sufficient in detail to establish a specific use for each
parcel of land in the City . . . " Specific use for each parcel of land is
established through the regulatory process, i.e., zoning and other land
development regulations.
Recommend denial of the request to rezone from SR -1, Single Family
Residential to GC -2, General Commercial based on the existing residential
Planning Recommendations
character of the site and surrounding area at the present time.
SUELLAU - Request conditional use approval to permit the sale of alcoholic beverages
in a GC -2, General Commercial Zone for property located at the southeast corner of
1st Street and Cypress Avenue.
1. No recommendation provided for requests for alcoholic beverage sales.
DOOGARSINGH - Request conditional use approval to permit the sale of alcoholic
beverages in a GC -2, General Commercial Zone for property located south of 25th
Street on U.S. Highway 17 -92.
1. No recommendation provided for requests for alcoholic beverage sales
-- 4 --
Planning Recommendations