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10.19.89MINUTES PLANNING AND ZONING COMMISSION Meeting of October 19, 1989 7:00 P.M. City Commission Chambers MEMBERS PRESENT: Jay Malone Leon Brooks Ben Dyal John LeRoy Tom Speer Eddie Keith Joe Dennison Oletta Yates MEMBERS ABSENT: John Morris OTHERS PRESENT: Jay Marder, City Planner Bettie Sonnenberg, Land Development Coordinator Bill Simmons, Director of Engineering and Planning The meeting was called to order at 7:00 P.M. by Chairman Malone. The first item on the agenda was a Public Hearing to consider a request to Rezone from MR -2 to GC -2, that property located at 2585 South Sanford Avenue. Owner: Williams Trust; representatives: Larry T. Williams and Linda Terwilliger. Due to lack of representation, Mr. Speer made a motion to table the rezoning request until the next meeting. Seconded by Mr. Keith. All in favor. Motion carried. The Chairman stated that the next item on the agenda which was a Public Hearing to consider a request to rezone from SR -1 to PD, that property located between Groveview, Ramblewood and Hidden Lakes, has been withdrawn and that there would be no Public Hearing on this item. Owners: A.B. Peterson, Jr., Athena Associates, Lillian Sparks and James U> Rollins; representative: Mr. A. B. Peterson, Jr. Ms. Mary Tumin, of the Hidden Lake area, requested that she enter a petition regarding a site plan requesting that Loch Low Drive not be opened. Chairman Malone stated that this is not a public hearing and that she could not do this. The Chairman requested that the property owners be notified of site plan review. MINUTES Planning and Zoning Commission Meeting of October 19, 1989 Page 2 The next item on the agenda was a Public Hearing to consider a request for a Conditional Use in a SC -3 zone for property located at 101 S. French Avenue for the purpose of outside remodeling with metal around the building and a canopy. Owner/ representative: Mel Dekle. There was no one present to speak in favor of or against the requested conditional use. Mr. Marder stated that this request is to permit some expansion activities on the site for a non- conforming structure which requires a conditional use to do so. Mr. Dekle would like a larger canopy than he now has which will extend almost onto French Avenue. The Chairman entertained a motion to table. So moved by Mr. Keith. Seconded by Mr. LeRoy. Mrs. Sonnenberg asked if we could consider approving the expansion of the use subject to a site plan so that there would not be a delay. Mr. Speer made a motion to remove from the table. Seconded by Mr. Dennison. All in favor. Motion carried. Mr. Speer moved on approval of the conditional use subject to site plan approval. Seconded by Mr. LeRoy. All in favor. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a Conditional Use in a GC -2 zone for property located at 3804 S. Orlando Drive for the purpose of L.P. Gas sales and service. Owner: Cumberland Farms; representative: William Allen. Mr. Jack Bolderson, 412 Navari Way, Altamonte Springs, stated they would like to put in a 1,000 gallon propane tank for dispensing gas to grills, roofers, carpet cleaners, etc. The tank will be maintained by well trained people. The site is in compliance with all State requirements and the City of Sanford Fire Department gave its approval of compliance. The tank is to be on the southeast corner in the grassed area with a chain link fence around it. Mr. Bolderson stated it will be almost impossible to puncture the tank because it is built with all safety features within the tank itself. Mr. Simmons stated that this type of a facility is required to be behind the front building setback. The that the proposed location is inappropriate for a number of reasons. The inappropriateness of location should overrule in this particular case. MINUTES Planning and Zoning Commission Meeting of October 19, 1989 Page 3 Mr. Marder stated that this request is on the corner of two major thoroughfares. The requirements of the Land Development Regulations for outdoor storage display require that these facilities not only be set back from the property line but also require that they be screened completely from view. Mr. Keith moved on denial of the conditional use. Mr. Dyal seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the Site Plan for a car lot, an automotive dealer sales use, located at 818 French Avenue in a GC -2 zone. Owner: Alberto Montalvo; representative: Dulce M. Rodriguez. Alberto Montalvo, Longwood, stated that they will not have very many cars on site. The cars will be exported to Puerto Rico. Only very minor repairs will be done on site such as oil and tire changes. Mr. Brooks moved on approval subject to Staff's recommendations. Seconded by Mr. Dyal. All in favor. Motion carried. The next item on the agenda was the consideration of the Site Plan for Crowne Square, a wholesale and storage use, located at 200 -204 North Elm Avenue in a SC -3 zone. Owner: Irving Feinberg; representative: Wallace Lambert. Mr. Wallace Lambert stated that they have received permission from the City Commission to utilize the right -of -way for parking. Mr. Speer moved on approval subject to Staff's recommendations. Seconded by Mr. Keith. All in favor. Motion carried. The next item on the agenda was the consideration of the preliminary plat for Seminole Commerce Park, a 4 lot industrial subdivision, located at 501 -507 Persimmon Avenue in a RI -1 zone. Owner /representative: Stuart Klapper. Mrs. Sonnenberg stated that Mr. Klapper is probably on his way here from Orlando and requested that this item be moved to the end of the agenda. The next item on the agenda was the consideration of the Site Plan for Jack Hobbs, Inc., a light manufacturing use, located at 118 Myrtle Avenue in a SC -3 zone. Owner: Robert F. Preisler; representative: Jacklyn D. Hobbs. MINUTES Planning and Zoning Commission Meeting of October 19, 1989 Page 4 Mr. Preisler stated that they would like to manufacture aluminum structured pool enclosures. Mr. Hobbs stated that he did not want to pave the only grassed area that he has. Mr. Simmons stated that Staff' s recommendations was to approve with no changes to the property. Mr. Dennison made a motion to approve. Mr. Brooks seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the Site /Engineering Plan for Exxon Company, U.S.A., an automotive and truck service use and convenience goods use, located at 3795 Orlando Drive in a GC -2 zone. Owner: Exxon Company, U.S.A., representative: John Sexton. Mr. John Sexton stated that if a grease trap is required for the retention pond, it will be no problem. The wastewater for the car wash will be disposed of by a standard maintenance procedure. Contractors will come in and remove the water from the tanks and clean them out like a septic tank. There will be two 15,000 gallon reclaimed tanks. The tanks will need to be cleaned about every 6- months. A filtration system keeps the water clean. There is no run -off from this operation, every bit of water goes into the tanks. Mr. Dennison made a motion to approve subject to engineering review. Seconded by Mr. LeRoy. All in favor. Motion carried. The next item on the agenda was the consideration of the Site Plan for a storage addition to WalMart, a retail service and sales use, located at 3653 Orlando Drive in a GC -2 zone. Owner: Horne Properties, Inc.; representative: Harvey L. Spears. Mr. Harvey Spears, 2605 Kirk Street, Eustis, stated that they plan to build an air conditioned warehouse of the side of the building to eliminate trailers. Paving will not be disturbed. Mr. Speer made a motion to approve. Mr. Keith seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the Site Plan for a detached sign for South East Bank, a finance function, located at 3603 Orlando Drive in a GC -2 zone. Owner: American Pioneer Savings Bank; representative: Joseph Notarianni. Mr. Joseph Notarianni, 1675 Taylor Road, Daytona.Beach, stated that they would like to decrease the size of the existing sign by 34 MINUTES Planning and Zoning Commission Meeting of October 19, 1989 Page 5 square feet with the elimination of the 4' wide pylon cover. They will be using the pipe that is there now and will cover it. Any landscaping that needs to be done will be accomplished with the recognition of setbacks. Mr. Dennison moved on approval. Mr. Brooks seconded. All in favor with Mr. Dyal in opposition. Motion carried. The Chairman asked if any one was present to represent Seminole Commerce Park, Item #7. There was no one present. Mr. Speer made a motion to table. Seconded by Mr. LeRoy. All in favor. Motion carried. On the Addendum to the Agenda was the consideration of the Site Plan for Danielle's Caribbean Dinners, a take -out food service, located at 1612 West 13th Street in a GC -2 zone. Owner: Anna LaFair Blocker; representative: Donovan Edwards. Mrs. Sonnenberg stated that this is an existing building. Because the site is very limited in size, there can be no change to the site, it is for the re- establishment of a use because the building has been vacant for quite a while. Mr. Edwards stated that the food will already be prepared so there will be no waiting. Walk in service only. Mr. Speer moved on approval. Seconded by Mr. Dennison. All in favor. Motion carried. The next item on the Addendum was the consideration of a two week extension of the approval of the Site Plan for Sanford Arms, a 140 unit apartment development located at Hartwell Avenue and 25th Street in a MR -3 zone. Owner /representative: Joseph Kantor. Mrs. Sonnenberg stated that Mr. Kantor is the president of the company developing Sanford Arms Apartments. She said that he called her the other day and asked if he could put in a request for an extension of his approved Site Plan. He said that his six months expired as of 10/20/89. He has been negotiating with FHA for his financing and had hoped to have had the papers signed prior to this time but it appears that the papers will be signed later. Mr. Kantor has asked that he be placed on the agenda for November 2 for consideration of his extension. A new site plan was approved on April 20, 1989. MINUTES Planning and Zoning Commission Meeting of October 19, 1989 Page 6 Mr. Speer moved on approval of the two weeks extension until November 2. Seconded by Mr. LeRoy. Mrs. Yates had a conflict of interest and was excluded from voting. All others in favor. Motion carried. Mrs. Sonnenberg stated that Staff approved a site plan for Ken Rummel Chevrolet for a carport canopy addition which is in the rear of the property near the retention pond. Staff also approved a site plan for landscaping and a ramp for Todd's Produce. Mr. Keith questioned Staff about the Downtown Sign at Persimmon. Mr. Marder stated that the last parties to discuss the sign was the Historic Preservation Board. The Board has not taken any action on this. Mr. Simmons stated that he would like to pursue the question of who put the sign there, whether it was the City, the Chamber of Commerce or who. Staff will continue to check on this sign. Chairman Malone stated that after two worksessions he was very impressed with the work that Mr. Marder has done. Also, Mr. Malone stated that he was extremely disappointed in the presentation and the answers to common sense questions by the consultant. Mr. Marder stated that the consultant is doing a very good job with the budget they have to work with. At this time, the representative for Item 7 was present. Mr. Speer made a motion to remove from the table. Seconded by Mr. LeRoy. All in favor. Motion carried. John Reynolds, Engineering Design, stated that one lot is developed and that they will sell the other three lots. All lots will be maintained. There will be a joint use retention pond maintained by the owners. Mr. Dennison moved on approval subject to the final plat. Seconded by Mr. Speer. All in favor. Motion carried. Mr. Keith moved on approval of the minutes as circulated. Seconded by Mr. Dyal. All in favor. Motion carried. Meeting adjourned at 8:10 P.M. FROM THE PLANNER October 13 , SAN'FORD 1989 CITY TO: The City of Sanford Planning and Zoning Commission SUBJECT: Planning Recommendations for Meeting of October 19, 1989 WILLIAMS TRUST - Request to rezone to GC -2, General Commercial from MR -2, Multiple Family Residential for property located on the north side of East 26th Street between Sanford Avenue and Grandview Avenue. 1. Site is Zoned MR -2, Multiple Family Residential and appears to include two single family residences and various out - buildings. Site is approximately 1.3 acres. 2. A neighborhood commercial center Zoned RC -1, Restricted Commercial is adjacent to site's west boundary. Various single family residences are adjacent to site on south side of East 26th Street in an existing GC -2, General Commercial Zone. A church is located directly north of site in an SR -1, Single Family Residential Zone. Vacant land Zoned SR -1 is located immediately east of site. A temporary Florida Department of Environmental Regulation/City of Sanford construction site is located east of site. 3. Recommend denial of the request to rezone to GC -2, General Commercial based on incompatibility with existing residential uses south of site, incompatibility of uses permitted in the GC -2 Zone with the intent and purpose of existing SR -1 Zone established for the area adjacent to site and incompatibility with RC -1, Restricted Commercial Zone adjacent to site. ESCONDITO ENTERPRISES METERSON - Request to rezone to PD, Planned Development from SR -1, Single Family Residential for property located north of Lake Mary Boulevard. 1. Site is Zoned SR -1, Single Family Residential and is basically vacant at the present time. Primary access to the site appears to be from Lake Mary Boulevard at the present time. The proposed Master Plan for Escondito Lakes dated October 13, 1989 reflects a total of 120 dwelling units on approximately 46 acres with approximately 19 acres of open space. 2. Site is adjacent to various single family residences primarily located in Groveview and Hidden Lake subdivisions that are Zoned SR -1 and SR -1A. 3. Lock Lowe Drive from the Hidden Lake subdivision dead -ends adjacent to the site's northerly boundary. Lock Lowe Drive should be connected to site based on the intent and purpose of the City's Land Development Regulations which read as follows: PLANNING RECOMMENDATIONS FOR MEETING OF OCTOBER 19, 1989, CONT'D PAGE 2 "Interconnected Nei hborhoods - Street layout shall be accomplished in a manner that connects development of the entire neighboring area. Proposed streets shall provide satisfactory alignment for continuation of existing planned or platted streets with which they are to connect." ( Paragraph C . , Page N -1) 4. Recommend approval of the request to rezone to PD, Planned Development pursuant to the Escondito Lakes Master Plan dated October 13, 1989 based on the general compatibility with existing single family development already established in the immediate area and the proposed traffic circulation plan which connects adjacent neighborhoods in a manner consistent with the City's Land Development Regulations. MEL DEKLE - Request conditional use approval to permit a canopy and related remodeling for property Zoned SC -3, Special Commercial located at 101 S. French Avenue. 1. Site includes a service station and car wash with gasoline pumps located at the southeast corner of French Avenue /U. S. Highway 17 & 92 and First Street. 2. Site is adjacent to single family residences and a tire sales and service establishment. Corners opposite site include a convenience store with gasoline pumps, a tire service station and outdoor storage of building materials. 3. The site constitutes an important entry into the City's Downtown Business District. 4. Recommend that conditional use be approved based on the existing uses already established in the immediate area subject to the following conditions and stipulations: a. All canopies and /or overhangs be set back a minimum of twenty five (25) feet from the property lines adjacent to French Avenue and First Street in compliance with the Base Building Line for French Avenue plus setback criteria for corner parcels. b. Compliance with the intent and purpose of the City's landscape requirements. C. Compliance with the City's Sign regulations. Ci]MBERI.AND FARMS (ALLEN /BOLDERSON) - Request conditional use approval for L.P. gas sales and service for property Zoned GC -2, General Commercial located at the southeast intersection of U.S. Highway 17 & 92 and Lake Mary Boulevard. PLANNING RECOMMENDATIONS FOR MEETING OF OCTOBER 19, 1989, CONT'D PAGE 3 1. Site includes an existing commercial building with various tenants including a convenience store with gasoline pumps. 2. Though not stated on the application, these findings and recommendation assume that the purpose of the conditional use request is allow outdoor tank storage associated with the sale of L.P. gas . The rear yard and the southerly side yard of the existing building appear to be under 15 feet and would be unusable for the purpose of tank storage and sales. Therefore, should tanks be located on site, they would have to be located in front yards facing Lake Mary Boulevard or U.S. Highway 17 & 92. 3. Site is adjacent to various commercial uses including a community shopping center, a bank, car sales and a service station. 4. The corner is highly visible and falls within the 250' area identified for special design and sign controls for Lake Mary Boulevard. 5. Recommend that the request for outdoor tank storage be denied based on the incompatibility of tank storage with design standards for major thoroughfares and because the site in question is not designed to accommodate such a use. FORMS SS MEMORANDUM of VOTING CONFLIU - 1 ruK COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS !, LAST NAME —r'IkS NAME— POIDDL+ NAME OARU, COLINCIL. CO4 M1. ON. AUTHOR 1. OR CY)MMrTTEt CleAq q14 PU Tel / i MAILING oUORESS Y/ _ '1 IC'Hk 140ARU, CO - IL, C A OMMIS'ION. L"1 ]TI. Ok COMMITTEE ON T/ � U � J fly wHH I SEF[VL A UNI1 OF: U •r 1 rY , COUNI - Y OTHER l OCAL AGENCY Cl COUNT) NA OF OLITICAL. SUB UATE ON K'HI 'H VO l O( {'UkAI U r, M5 YU' )h 15: O Y _', ELECTIVE � APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the lain when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3943, FLORIDA STATUTES LECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from Voting; and WITHIN 15 DAYS AFTER THE VOTE. OCCURS by completing and filing this form with the person responsible for recording the minutes Of the meeting„ who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive c`o`unt municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. a A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication., whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE NIETETING AT A'HICH THE VOTE WILL BE TAKEN: You ShUld complete and file this form (before making any attempt to influence the decision) with the person responsible for - ecording the minutes of the meeting;, u will incorporate the form in the minutes. • A copy of the form should be provided immediately Lo the other members of the agency. • The form should be read publidy aI the meetinc prior to consideration of the matter in which you have a conflict of interest. IF )'OU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT 131' DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating.. • }'ou should complete the form and file it within 15 days afte the v ote occurs with the person responsible for recording. the mina... of the meeting, who should incorporate the form in the DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, hereby disclose that on 19 (a) A measure came or 11 come before my agency which (check one) inured to my special private Fain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and a nature of my interest in the measure is as follows: The Company that I am employed has been retained to manage his apartment community when built. I will be supervisor of the management and our company receives a fee for this service. Z� C � Date Filed Signature r, 7 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES U1 (1985), A FAILURE TO MAKE ANY REQUIF, DISCLOSURE CONSTITUTES GROUNDS 3=01` AND MAYBE PUl\15HED BY ONE OR A70RE Or THE FOLLOW1?` l IMPEACHNIEN T , REMOVAL OR SL'SP3= ? FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION OR A CIVIL PENALTI NOT TO EXCE S5.00-0.