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04.02.87MINUTES PLANNING AND ZONING COMMISSION April 2, 1987 7:00 P.M. Members Present: Members Absent: Others Present: John Morris, Chairman John LeRoy Dr. Hortense Evans Eddie Keith Gary L. Davidson Sheila Roberts Jay Malone Brent Carli Lon Howell Bettie Sonnenberg, Zoning Inspector Bill Simmons, Director of Engineering and Planning Jay Marder, City Planner The meeting was called to order at 7:00 P.M. by the Chairman, John Morris. The first item on the agenda was the continuation of the consideration for the site plan for Winn Dixie Expansion, located at 3818 Orlando Drive in a GC -2 zone, repre- sented by Jed Downs. Mr. Downs stated that there will be 5,400 sq.ft.of new construction. Approximately 2,280 sq. ft. will be dedicated for the preparation of food items. The board's concern at the last meeting was the traffic flow in and out of the plaza on Lake Mary Blvd. Staff was investigated the traffic flow and does not feel there needs to be any im- provement. Mr. Carli asked Mr. Downs if there is a Winn Dixie proposed for the corner of Lake Mary Blvd. and Longwood -Lake Mary Road. Mr. Downs said there has been no committment from Winn Dixie for the new plaza. Mr. Carli asked if there are plans of landscaping the area between the plaza and Cumberland Farms. Mr. Downs stated the owners are planning to resurface the parking area and refurbish the existing landscaping and they will take the buffered area between the two sites into consideration. Mr. Carli moved to approve the site plan with the following conditions: 1. refurbish the parking area. 2. provide landscaping between the plaza and the Cumberland Farm Mr. Davidson seconded. Motion carried unanimously. The next item was to consider the preliminary plat for Brynhaven Subd., a 160 lot single - family residential development located E. of Sanora South and North of Cornwall Road in a SR -1 zone, represented by Bill Miller, Suda Inc. Mr. Miller stated the entrance way will be from Sanford Avenue. He said they have met with the Sanora South homeowners and informed them that they would be cleaning up the wall, painting it and placing landscaping there. Mathew Drive will be extended from Sanora North. Mathew Drive, from Sanora, has been paved into the property. Between Staff and Suda, there was a mutual feeling that it would be benefitial to have the connection put through. Due to the layout of the project it was not felt that there would be any concentrated traffic generated through Sanora. Mr. Miller has met with the Sanora homeowners, and they were not interested in connecting Mathew Drive. There are 160 lots with several lots being 6,000 sq. ft. Some lots are up to 9,500 sq. ft. There is an existing partial wall on Cornwall that will be extended to the east side MINUTES - PLANNING AND ZONING COMMISSION - April 2, 1987 - 7:00 P.M. Page 2 ---------------------------------------------------------------------------------------- and will be painted. There will be a chain link fence around the retention pond. Mr. Carli said he was concerned about the use of Mathew Drive. On third of the project could use it. Mr. Carli asked staff how Mathew Drive was originally planned. Mr. Simmons stated that from a planning point of view, 2 means of egress /ingress are more desirable than one. Staff looked and discussed the possibility of an ingress /egress off of Cornwall. This would have a mixing of single family residential with commercial/ industrial which would be considered as undesirable. Mathew Drive is a platted street and part of the orginal PUD. The opening of Mathew Drive would be a dual benefit to the Brynhaven area and Sanora as a means of 2 egress /ingress's. Mr. Carli asked if Brynhaven would be able to use the recreational facilities. Mr. Carli suggested that if Mathew Drive needs to be open, put a limited access on it for fire and emergency vehicles only. They could put speed bumps there. Mr. Miller said he spoke with the Sanora Homeowners Association in reference to the recreational facilities. It is a private club and anyone who uses it has to pay. They were concerned about the additional number of people. Mr. Malone asked Mr. Simmons how the opening of Mathew Drive would help Sanora to get out. Mr. Simmons said they could go down Mathew Drive and go around the circle and come out on to Sanford on Russell rather than going out the way it is now. Mr. Marder said from a traffic standpoint it is much better to have choices. The area was originally planned as one whole integrated development. The land will not be stripped. Mr. Carli asked if Mathew Drive has to be opened. Mr. Simmons said no, it is not required. When asked if they wanted Mathew Drive opened or not, a majority of the audience raised their hand to say no. The average price range would be $68,000 to $73,000. The Chairman asked Mr. Miller if he had a problem with not opening Mathew Drive. He said he agrees with staff, as earlier stated, but he said he would do what is told to do based on City requirements. Mr. Simmons stated that for platting purposes, the board needs to decide whether to have Mathew Drive platted or not. Mr. Carli moved to approve the preliminary plat with the exclusion of having Mathew Drive opened at this time. The motion died due to lack of a second. Mr. Malone moved to approve the preliminary plat excluding Mathew Drive. Mrs. Roberts seconded. Motion carried by a vote of 4 to 3. Those voting for: Mr. Malone, Mrs. Roberts, Mr. LeRoy, and Dr. Evans. Those voting against: Mr. Davidson, Mr. Keith and Mr. Carli. The next item was to consider the site plan for LON Research, an office assembly building located at 700 Bevier Road in a RI -1 zone, represented by Kim Townsend. Mr. Townsend stated the property is located at the corner of Bevier & Jewitt. The use would be high tech industry. There will be 75 employees on 1 shift. The construction will be masonry steel bar joist, a type 4 construction. The total 3 phases of the project will be approximately 53,000 sq. ft. The building will be sprinkled,and 2 fire hydrants are being installed. There are 105 trees on the site, which none to be removed except as allowed by Arbor Ordinance. There are 73 total parking spaces. The utility system will be septic tank and the off site water lines are being designed by the City's Engineering Department. Mr. Carli asked if the existing structure on the corner of the property would be de- molished. Mr. Townsend said that LON Research is anticipating leaving the structure on the SE corner of Jewitt and Bevier. There are a couple of sheds on other parts of the property that will be removed. There is no buffer between the existing structure, the parking and phase 2. There will be a 2' x 8' buffer area on the east side to protect the residents. There are substantial trees at the existing structure for buffer. The lift station site is being donated by the developer. Mr. Simmons stated he had spoke with the Director of Public Works for the County in MINUTES - PLANNING & ZONING COMMISSION - April 2, 1987 - 7:00 P.M. Page 3 ---------------------------------------------------------------------------------------- reference to the development of Bevier Lane. They had no objections to improving the existing 16' wide road to a 24' wide paved road. Within the existing 30 ft. right -of -way along the north section approaching46, the city has engineered it to fit it in there. Additional right -of -way will be donated by the developer adjacent to the site. There will be 30' half right -of -way along the developed areas on Bevier. The city is shooting for an overall 60' right -of -way when the area is totally built out. Mr. LeRoy moved to approve the site plan. Mrs. Roberts seconded. Motion carried. The next item was to consider the site plan for an additional to Kentucky Fried Chicken, a fast food restaurant, located at 2939 Orlando Drive in a GC -2 zone, represented by Julian Falgone. Mr. Falgone stated they are remodeling and renovating. They will be replacing the dining room area, adding a solarium to the front, painting the building, and improving the landscaping. The seating capacity is now 26 and after the renovations, there will be 40 seats. They will not be exceeding the footprint as it is today. Mr. Carli moved to approve the site plan. Dr. Evans seconded. Motion carried. The next item was to consider the site plan for Handy Way remodel located at 301 E. 25th Street in a GC -2 zone, represented by Ron Hensen. Mr. Hensen stated that there is an existing Hand Way and Laundry. The gasoline inslands and canopies will be located east of the existing building. The Handy Way will move to the easterly portion of the building. There will be some payment removed for landscaping. Sixteen trees will be planted. There are no trees currently on the site. There will be improvements made to the interior and exterior of the building. There is an existing sewer main and a 2" water main through the property and they will dedicate a utility easement. They will be dedicating an additional 10' right -of -way along the easterly side to the county. On the southern side there is an existing buffering hedge and a fence. The retention area will be on the corner of 46A and Sanford Avenue. Staff recommended approval subject to the granted easement and the one way traffic on the south side of the gasoline island. Mr. Hensen said he would not like it to be one way traffic at the gas island due to the gas tanks on cars are not all on the same side. There are two existing driveways that will be removed and they will reconstruct 1 driveway. There will be a sign replacing the existing sign. The hours of operation will be 6:00 A.M. to 11:00 P.M.., 7 days a week. Mr. Carli moved to approve the site plan. Mr. Keith seconded. Motion carried. The next item was discussion on a legal opinion of Consumer Service Establishment in a RI -1 zone. Mr. Howard, a realtor, was present to speak. He said it slants more towards a bingo room in an industrial area that is more of an advantage to the people than a commercial zone because of the parking. He said consumer service covers a wide range. The bingo room is open to the Public. There would be light sandwiches and drinks sold. The bingo would start in the late afternoon. If the bingo room was placed in a strip center, the parking would be a problem, but if it was in an industrial area, they would not have a parking problem. The Chairman said the code is silent as to what the consumer service establishment maybe. What the board needs to do is to decide which way to proceed to clarify the situation. The City Attorney recommends that the board, could do one of two things. One would be to define what consumer service establishment is and make a recommendation to the City Commision to approve or disapprove, and second would be to go back and amend the code to clarify the uses that are permitted in the industrial zone. Either way would entail a certain amount of time because both require a public hearing and recommendation to the City Commission, who in turn, have their own public hearing. MINUTES - PLANNING AND ZONING COMMISISON - April 2, 1987 - 7:00 P.M. Page 4 ---------------------------------------------------------------------------------------- Mr. Carli moved to recommend to the City Commission to amend the ordinance to delete consumer service establishment. Mrs. Roberts seconded. Motion carried. Mr. Carli stated that bingo is a retail sales. People are getting a product. Mr. Marder stated that RI -1 zone is not a proper provisions for bingo. He would classify it as a commercial amusement facility. It would not be generally permitted in an industrial area or in cerain commercial areas. Mrs. Sonnenberg stated she agreed with Mr. Marder. She said Mr. Howard had asked her in what area it would be classified. She informed him she would include bingo as a commercial /recreational establishment which is permitted in a RC -1 and GC -2 zones. Mrs. Sonnenberg said she too could see it as a conditional use instead of a permitted use. Mr. malone asked if bingo is considered as a game of chance. Mrs. Sonnenberg said it is regulated under gambling. Mr. Malone said why not come up with a statue that can be plugged into certain areas that would subject itself to conditional uses. The board agreed to discuss it further in a workshop meeting on April 16th. The next item was discussion and set a Public Hearing date for the Future Land Use Plan Map Amendments. Mr. Carli moved to hold a Public Hearing for the Future Land Use Plan Map Amendments on April 16th. Mr. LeRoy seconded. Motion carried. The Chairman mentioned the letter the board members received in reference to the approval of the conditional use for Gazil's property. The City Commission approved it for used cars only. There will be no mobile home sales and the service performed would be very minor detail work. Mr. Carli asked the Commisison since they are the designated land planning agency for Sanford, would they be interested in looking at the abandonment and vacating of right - of -ways. He said the city has given away, in the past 2 years, up to 30 parcels of land. He asked should the board have the request to them to make sure there is not a conflict in what they are trying to accomplish with the future land use plan. The Chairman stated that most of the right -of -ways that have been abandoned by the city in the past several years have been right -of -ways that have never been opened. Mr. Simmons said that part of the vacating of any piece of right -of -way goes through staff review. You do not give away anything that you might ever possibly need. He said mostly the right -of -ways that have been abandoned were never opened. In some cases it is a dead end stub or an alley. When someone requests of the City Commission approval to vacate, it goes through Engineering for preparation of a map showing the surrounding area and a list of the legal property owners of the immediate vacinity. It then circulates around for any question of utility easement requirement before it goes back to the City Commission. The board feels that they would like to look at them. Mr. Simmons recommended that if they wanted to proceed with it, they should cause their desires to the City Commisison via the Minutes because there is nothing in the code that requires to go through the Planning and Zoning Commisison, so it would be up to the City Commission to decide if they want the requests to go through Planning and Zoning or not. He did not feel it would cause a change in the ordinance to make it this way. The City Commission holds the Public Hearing,so the board would not have to have one. Mr. Malone moved to ask the City Commission to give the request for abandoning or vacating right -of -ways to the Planning and Zoning for review to save them many numerous hours of tedious paperwork. Mr. Carli seconded. Motion carried. Mr. Carli stated that the board asked at the last meeting about the license for Beda Marine because all the boats were still out there. Mrs. Sonnenberg stated that they have been licensed and a notice of violation has been sent by the code enforcment inspector to Bob Ball and Beda Marine informing them to comply with the site plan. The Chairman stated that he had received a call from Bob Ball and he said he was misinformed because he is being told to pave the lot. The Chairman said he told Mr. Ball according the minutes of the meeting, that was not the case that he was informed to put cement blocks under the boats and to landscape. MINUTES - PLANNING AND ZONING COMMISSION - April 2, 1987 - 7:00 P.M. Page 5 --------------------------------------------------------------------------------------------- Mr. Malone said he recalled that there was a tremendous amount of imput on both sides. It was something that was hammered out on the spot to try to accomodate a reluctant individual. He said he also recalled staff being asked to please to nothing at all till the site plan was complied with. He also asked about a sign and was told there would be no sign util it was done. Mr. Malone said he does not understand how a license could be issued without a site plan being complied with. He than made motion that staff pull the license tomorrow (Friday) and admit their mistake. Mr. Carli seconded. Mr. Malone said if it continues this way, quite frankly between the City Commission and staff and their capricious and arbitrary ways, it makes the job very thankless. The Chairman stated that he heard through various board members and looking at the minutes, that the board bent over backwards to help them. By jerking their license, it would put them in a disadvantagement since it went beyond their control. Mr. Carli said they were there operating without a license when they came in front of the board. They were told than they were operating without a license, that the boats were not supposed to be there, and that the site plan had to be done before they got a license and staff only knows why the license was issued. The license should be taken away and they should not be allowed to operate in the city until they comply with what they agreed to. Mr. Simmons said that when he went away from that meeting, he felt that an agreement had been reached and everyone was moving forward toward the mutual good towards what they were going to do. He said he did not recall hearing that the completion of all site plan elements was mentioned as a prerequisite to the issuance of the license. He said he was not sure if a license can be pulled prior to action by code enforcement board. There is need to research that before seomething is done. Mr. Malone asked how it is differentiated from one case to another when a license is issued. Mr. Simmons stated that in most cases site plan involves construction and at time of completion, a certificate of occupancy is issued. There was no certificate of occupancy involved in this case due to the type of site plan. Mr. Malone moved to amend the motion to incorporate a visit by the Mayor and the City Manager at the next scheduled meeting to explain to the board how a snafu of this nature could happen and what they intend to do about not letting if happen in the future and if indeed the approval of a site plan does not carry with it strongly implied licensing requirements, that he also request that they tell the board that at the next meeting. Mr. Davidson seconded. The amendment to the motion was carried over the dissenting votes of Dr. Evans and Mr. LeRoy. The motion as amended was carried unanimously. Mr. Carli said that on October 2, 1986, the board asked for City Commission to change the licensing procedure, by ordinance, to require a site plan with a change in ownership. Nothing has been done. The Chairman said a policy has been institued that when a license application comes in, an inspection of the premises will be made by the Building and fire department to see if it meets the applicable codes. Mr. Simmons said the City Attorney came back with a recommendation for the city not to entertain such an ordinance because it would encroach into the property rights of an individual to transfer ownership of a given piece of property without creating undue encumbrances. Since the response was not in writing, Mr. Simmons said he has sent a memo through the City Manager asking the City Attorney to put the opinion in writing. Mr. Carli said he would like the board to take a formal stand recomending denial of the beltway dividing the City and send it to the Advisory Council that will be making the decision in June or July. Mr. Simmons said if the Planning and Zoning is interested in taking a position, perhaps the representatives of the expressway could give a presentation so the board has an opportunity as a group to ask questions and learn about the various alternatives. Mr. Carli said they would be doing a presentation at the Rotary Breakfast on Wednesday at 7:00 A.M. and invited all to attend. Mrs. Roberts stated she received at least 10 phone calls from people about the Gazil property. They said they were very disappointed with the City Commission. MINUTES - PLANNING AND ZONING COMMISSION - April 2, 1987 - 7:00 P.M. Page 6 --------------------------------------------------------------------------------------------- She said she was also disappointed with them. Mr. Simmons said there was only two people present at the City Commission Public Hearing that spoke against the request. Mr. LeRoy said he agreed with Mrs. Roberts. The amended Minutes of the previous meeting were approved. There being no further business, the meeting was adjourned. h Morris, Chairman