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04.16.87MINUTES PLANNING AND ZONING COMMISSION April 16, 1987 7:00 P.M. Members Present: Members Absent: Others Present: John Morris, Chairman Jay Malone Shiela Roberts John LeRoy Joe Dennison Brent Carli Gary Davidson Dr. Hortense Evans 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 to hold a Public Hearing to consider a request for a rezone from SR -1A and AD to that of RC -1, property located north of CR 427, west of the south entrance to Carriage Cove, represented by W.E. Knowles. Mr. Knowles stated he was the representative for the owner, Dreyfus Interstate. The request was before the board in October 1986 which was denied based on the fact that Planning and Zoning requested an idea of the layout and uses. He submitted a conceptual plan for the request. There is an estimated 30,000 sq ft. of construction. There will be no larger stores, only small service stores. There will be no gasoline pumps or gasoline station. There are 155 off - street parking spaces so there will be no traffic congestion. There will be sightproof fencing and landscaping. North of the property is 4} acres of land of which the owner might be asking for multi - family. Dreyfus Interstate would be willing to work with the owner of that property to give them an access easement since the land is landlocked. Mr. Dale Christensen was present to speak. He and his parents own the land next to the rezone request. They are not necessarily in opposition. They just have some concerns about an easement. Christensen stated he had a deed with a recorded easement that runs through 1/3 of the requested rezone property. If a 30 ft. easement is sufficent to service multi- family, they would not be in opposition. Mr. Carli said that in lieu of the information that Mr. Christensen brought before the board he moved to table the request till the May 21st meeting. Mr. Knowles asked the board to consider passing the rezone with the site plan not being submitted until the easement has been resolved. Mr. Malone seconded the motion to table. The motion carried over the dissenting votes of Mrs. Roberts and Mr. Keith. The next item was a Public Hearing to consider a request for,a conditional use in a GC -2 zone, property located at 2712 Orlando Drive for the purpose of automotive, new and used sales and service, represented by the owner, John Childers. Mr. Childers said that about 1 year ago the property was annexed into the City. In the county, the zoning was C -2 which allowed sales and automotives. He had received a conditional use for the repair of the cars. When he came into the City, he did not know he needed a conditional use for the automotive sales. He is planning to tear down the existing little buildings and build one main building. MINUTES - PLANNING AND ZONING COMMISSION - April 16, 1987 - 7:00 P.M. Page 2 ---------------------------------------------------------------------------------------------- Mr. Malone asked Mr. Childers if an automotive sales lot was currently being operated there and if it had a city license. Mr. Childers said yes there is a sales lot there now without a City License. It is licensed through the County and the State.They are going for the conditional use so they can get a City License. Mr. Carli asked Mr. Childers if he has a license for servicing cars. He said yes. Mrs. Sonnenberg said he has a license for servicing automobiles because he was operating a business and had a license when it was annexed into the City. The Chairman informed Mr. Childers that after the conditional use is granted, he will have to submit a site plan. The review committee will review them and make sure everything is to code. After their review then it goes to P & Z board for review. The Chairman said that he needs to have the tenant stop selling cars until he is legal. The Code Enforcement Board told him to stop selling cars and go through the proper procedures. Mr. Childers said he did not think he was in violation. The Chairman advised him to stop selling cars until the conditional use and site plan is approved. Present to speak in behalf of the request was William A. Gore. He said he owns Gore Auto and Truck sales. He said he has tried every means as possible to get a license. He has a license with the State and County and a lease with Mr. Childers and makes approximately $20,000 a week. Mr. Gore said he has two lawyers and intends to sue each board member for J millon dollars personally and individually. He said he will continue selling cars until he served with due process of the law and as soon as he is served with due process of the law, he will sue the City and each board member for J millon dollars. Mr. Carli moved to table the conditional use till a legal opion is received from staff. Mrs. Roberts seconded. Mr. Simmons asked as staff member before the vote, he would appreciate a little illumination as to what type of content Mr. Carli wants in a legal opion. Mr. Carli said that staff and the attorney could listen to the tape and address what was said to the board and advise the board accordingly. The motion carried over the dissenting votes of Mr. Keith and Mr. Morris. The next item was a Public Hearing for Notice of Change Land Use. Mr. Marder said there are 2 to 3 sites that have been annexed recently. There is a site on Airport, one on 17 -92, one at the fire station off of Upsala, and several small lots. There was no one present to speak on the Land Use Change. Mr. Carli moved to approve the change of land use. Mr. LeRoy seconded. Motion carried. The next item was to consider the site plan for an addition to The New Mr. Calvary M.B. Church located at 1109 W. 12th St, in a GC -2 zone, represented by Mr. Sherer. He said 32 parkings spaces were required for the church. There are 16 on site and 16 at the City owned parking lot off of 13th Street. City Commission approved the church's use of the spaces during service. Staff recommended approval with condition of granting an easement. Mr. Carli moved to approve the site plan subject to the easement. Mr. LeRoy seconded. Motion carried with Mr. Malone abstaining. The next item was to consider the site plan for Apartments of Hidden Lake, a 48 unit apartment development, located at 90 Hidden Lake Drive in a MR -2 zone, represented Mack LaZenby, for the owner, Wilson, Laurendine, Yarborough Mr. LaZenby stated that staff recommended denial but said he would like to go through the procedure. When the site plan was reviewed on April 3rd, a list of 17 items needed to be resolved. Mr. LaZenby said he picked up the list on April 6th. They requested a meeting with staff. There is 3.21 acres of land. 60 units per acre are allowed, but they have designed it with 48 units. The fire hydrants are 250' from each unit. They are two story wood frame and stucco buildings. They went through the list of 17 items and corrected them and returned the site plan to staff. Staff came up with 13 items. He asked to go through the items with the board. Mr. Simmons said that each applicant is given copy of the site plan checklist. Following the site plan review meeting, changes are made to the site plan. Mrs. Sonnenberg MINUTES - PLANNING AND ZONING COMMISSION - April 16, 1987 - 7:00 P.M. Page 3 ---------------------------------------------------------------------------------------------- informs the applicant of the needed changes. The Chairman said that there is no need to continue to go item by item. Mr. LaZenby agreed to modify the site plan by: 1. using a 2' berm with landscaping on the west 2. correcting the striping for left turn lane 3. buffering with landscaping on the south side 4. addressing the necessary engineering details with staff 5. submitting money in lieu of open space request Mrs. Roberts moved to approve the site plan as modified. Mr. Dennison seconded. Motion carried The next item was to consider the site plan for a Training Facility located at the Sanford Airport, 3020 Carrier Avenue in a RI -1 zone, represented by Mack LaZenby, for the owner Sanford Airport Authority. There will be 85 students will be bused down from the North to learn heavy equipment operation They will be housed in local motels and bused to the training facility, the trucks will be parked and operated on an abandoned taxi ways at the airport, where they will be doing their initial truck training. The airport has leased 5 acres to them for the construction equipment training. It is a professional school. They teach them the proper maintenance proceedures for the equipment. A building will be placed on a paved parking lot. Whatever the drainage characteristics of pattern are before the building is constructed will be exactly the same as when completed. There is an existing drainage ditch to the north. Paving will be put on the back which will drain to the retention area. For the utilities, they will tie into the swimming pool lines. They will be putting in a private lift station. Due to the difficulty aircraft with the height of the trees and location, the airport has planted 11 trees around the entrance to the airport that helps offset some of the building. Instead of having a tree every 75 ft. around the building, they have placed them to where they would be at of the best use. There will be no heavy equipment in the parking area. The semi's are scheduled to be parked on the abandoned taxi ways. They have provided parking as required for 85 students. The age group will be just out of high school to early's 30's. The Airport has approved the location for lease, but has not seen the site plan. There will not be a wash bay. There are facilities on the Airport that can accomdate that. Mr. Simmons stated that the screening of the site plan was no different than a screening for any other piece of property. After going through all the discussion, he would not interpose a rejection to it. He does not want to see this become a standard scenerio for settling technical reviews at a meeting. He hoped that in the future it could be handled at a staff review. The Chairman said that at the next workshop he would like to have the review committee come and go through a site plan review. Mr. Simmons said he would like to the board sit in on a plans review meeting. Mr. Simmons suggested that the board be provided copies of the initial review process. Mr. Carli moved to approve the site plan. Mr. LeRoy seconded. Motion carried. The next item was to consider the site plan for a change of useto a welding shop from a storage building located at 901 E. 25th Street in a RI -1 zone. Mr. Malone moved to table due to lack of representation. Mr. Carli seconded. Motion carried. The next item was discussion and adoption of Public Participation Program and Procedures for City of Sanford Comprehensive Planning Process. Mr. Marder stated that it is a requirement of the Local Planning Agency to adopt this process and procedures. Mr. Malone moved to approve and recommend to City Commission. Mr. Carli seconded. Motion carried. The next item was discussion on enclosed commercial /recreational establishments. Due to there being no opinion from the attorney, there was no discussion. MINUTES - PLANNING AND ZONING COMMISSION - April 16, 1987 - 7:00 P.M. Page 4 The next item was an addendum to consider the change of use from retail sales /drug store to a deli /game room for Rainbow Futures, located at 2701 -D Orlando Drive in a GC -2 zone, represented by Elaine.Wilson. Ms. Wilson said she has a small game room and deli in the Fairway Plaza at the present. Due to another business in the plaza, they want to move. The new building will have more area for them to grow. The operation is self supporting. They are not affiliated with any organizations at this time. It will be located next to Medco. Mrs. Roberts asked if it was like SWOP. Mrs. Wilson said SWOP is a sheltered workshop. It is for very disabled people. Rainbow Futures takes the less disabled and trains them all together. It is before the board because it is a change of use. Mr. Carli moved to approve the change of use. Mr. LeRoy seconded. Motion carried unanimously. Mrs. Sonnenberg provided the board with a copy of a parking lot for First Baptist Church that was approved by Staff. The Minutes of the previous meeting were approved. Mr. Malone asked if the board's invitation to the City Manager and Mayor was given. The Chairman said yes it was. The Mayor indicated she was out of town and did not have time to attend and the City Manager has sent the Licensing Official to anwser any questions. The Chairman briefly informed Ms. Mason, Licensing Official, of the problem. She stated that there is nothing stated in the code book that a site plan has to be completed prior to the issuance of a license. Before she did issue the license she checked with the building department and was informed the site plan was approved so she issued the license. She said she checks the zoning and has the building inspector and fire inspector to inspect the building. Mr. Simmons said that normally a license is not issued unitl a C.O. is issued. Ms. Sonnenberg listend to the tapes of the meeting on Beda Marine in reference to a condition that the site plan had to be completed before the license was issued. There was nothing stated that a license could not be issued until the site plan work was completed. Mr. Malone said the board has the right to expect when something is approved that it is carried out prior to the issuance of C.O. or a license. Mr. Simmons said that the City Manager has told him that licensing is not a function of Planning and Zoning. Mr. Malone said that his frustrations had not be alieviated and he had anticipated that one of the invitees would of come to the meeting. The Chairman welcomed Joe Dennison to the board. Willie Mae Franklin was present to give honor to Bettie Sonnenberg and Rick Holloway, They were very helpful and patient with their site plan for the church. Mr. Simmons said he was not aware that he was unavailable as much as Mr. LaZenby had said he was. He said he would try to be available for any memeber if they needed him. Mr. Carli stated that he had asked a couple weeks ago for some information on the expressway authority. He later heard that Bill Simmons was on the Technical Advisory Committee.He felt the information should of been given by a member of the Technical Advisory Committee. It has been 2 weeks and still no information. Mr. Carli also stated that he was very sad that the City Commission did not ask P & Z for names. He said every member has people they know that are interested in serving on a board. There being no further business, the meeting was adjourned. h Morris, Chairman