Loading...
LPAMin06-12-96LANs vLANNINC Ace_NCv Lpngwooa, FL Jnne 13, t996 PRESEN'1: STAFF: Richard Rnllingtan, CM1.airm:lll Carl Cosline. City Planner Barry Revels Damaris Cnrbelo, Dept. Secretnry John Lins AeseNr: rlat~in ntelaer I. GILL TO ORDER The meeting was call to order by Chairman Buffington at 6:05 P M. 2. APPROVAL OF MINUTES -APRIL 24, t996 Mr. Revels made a Motion to approve the minutes for April 24. 1996_ A1r. Lins seconded the motion and it passed unanimously. 3. SITE PLAN - SP-02-96 - AUTO ZONE SPORE SE CORNER ON OXFORD ST. AND SR 434. Applieant: Auto Zone, Inc Mr. Cosline stated [hat this is a purposed Auto Zone store at the SE corner 4I4 and Oxford Sr The.staR has completed its review end recommends the site plan to be approved- Mt. Cosline complimented the applicant far their willingness to establish protective meannes for the large vets along SR434. Mr_ Leo Ayala was pres represe ring the applicant- He stated that they agreed to all of the naffs recommendations. Mr. Revels made a motion to approve the Site Plan for Auw Zone Store project SP-0?-9G subjec o the staffcommems da[ed 6/6/96. Mr. Linn second the motion and it passed unanim only. A. SITE PLAN - SP-03A6 - LOT ID, BAYWOOD INDUSTRIAL, PARK FIRST ADDITION. Applicxn5: Snb Zero Refrigeration. Mr. Gasline stated chat this is another Siie Plen for a small warehouse office space that iv locaeed on Beywood Dr_ across the street end east of the Conditional Use permit which is also on the agenda. The stiff recommends approval. The appliwnr, Mr_William Govemale, was present. Restated the he was in agreement with the smtP recommendations Mr. Linsmade them ccept the approval of tM1e SitePlan Lot l0. Beywood Industrial Park First Add ~ n projeu k SP-V3-96, subject to compliance with the smfi report dated 6/4/96. Mr. Revels seconU the motion end it pesved ~nanimously- 5. CONDITIONAL USE PERMIT - CU-ItZ-96 - ESTABLISHASATELUTE ALAMO RENTAL CAR FACILITY tN A C-3 ZUNLNG DISTRICT. Applican[: Alama Car Rental Mr. Gosline amd that thin proposal by Rental Cer is to open a setellito office iv what use to be terry s Meet Market in Longwood Plaza. A conditional use permit is required to haves rental wrfncility. The stall rewmmends approval Mr. Lins asked about the report on page t regarding concurrency management. Mr. Gosline slated that this is an advisory sm[emem in the report, This was something [hey would have to do before they oven got any occupational licence or any perznita Mr Dufonr stated they M1ad contacted Seminole County and that road impact fzes are not required in this case. Mr_ Revels asked how many vehicles would they have in the Lot at any given time. Mr. Dufour ated that the loc aside tar about I S vehicles. On the weekendR they have the option of sending them to the airport location for use ovu the weekend- Mr. Gosline stated that they have leased IS spaces from the owners. All spaces are along US I ]/92, .so it won't interlErewith any parking for the other tenants. Mr. Revels made the motion to approve the Conditional Use Permit for Alamo Rental Car Longwood Plaza 366 N. US I ]/92 CU-02-96 subjeu to wmpliance wiN the sraff rewmmendations dated 614/96. Mr. Lins second the motion end it passed unavimonsly. 6. CONDITIONAI. USE PERMIT-CU-03-96 - ERTABLISN AN AUTOMOBILE STORAGE FACILITY IN AN I-1 ZONING DISTRICT, .Applicant: Comes Towing Services, Inc. Mr. Gosline stated that this was e proposal for Cortes Towing Services to move their orage yard from Altamonte Springs to Longwood at the NE corner of Orange Ave and CSX Railroad. That site has been vacant except iu beau storingalot of big truck and heavy equipmene Por somn time, it also had a tall wmnrunication towor on top ofthis building. The comprehensive Plan andthe Zoning Codas ere unclear about rtorege of Automobiles. The applicant agreed [o do some landscaping, put up en opaque fence along Orange Ave and along the house immediately to the East. The staAis recommending approval. Mr. Jamie Cones oo-owner oPCortes Towing was present. He agreed to limiong the hours of opuetiov suggested by the staff Mr. Revels asked him if he had a 24 hr.service or is the opus n Rom ] to'! and Comes replied that i[ was a 24hr smite. the operation hours will be 8 to i Monday thru Friday and 9 to I on Saturdays. This will be for the release of vehicles only. They will be in and t ePthe property et verioustimes during the day to drop oR'or pickup veM1iolec The sotaff re endati s that the hours will be from ]am to ]pm Monday ihru Friday and then be wean a and 1 on Saturdays. Mr. Bullington stated for the record to reFlect that Mr. Thomas W. Hicks of Jefferson City Missouri who owns a piece of propety 309 Orange Ave He has authorized Ctiag Dawson ro act in his behelfeod is in apposition to the staff proposed Conditional Use Permit. Mr. Lins made a motion to appro a the Conditional Use Permit for Cortex Towing Service NE comer of Orenge Ave and CRX Railroad CU-03-96 subjeu to compliance with the staff recommendations dated 6/6/96_ Mr. Ravels second the motion end it passed onammously_ '!. CONDITIONAL. USE PERMIT-CU-04-96-AtITOMORII.E REPAIR FACILITY LN 1-t ZONING DIS'IWCT, APPliean[: Hflrbor,lntamotive, Ina. Mr. Gosline began by saying that a site plan fora 2400 t- R. Warehouse with 600 sq. ft_ Of associated oRCe was approved by the Ciry Commission on November 6- 1995 (SPA]-95) the subject site is adjacent to the Longwood Green Subdivision He explained that the curtem City Codeallows an automobile repair shop in an 1-1 zoning dirt t. ifa conditional use permit is approved. It is his interpretation in lha Comprehensive Plan is that vehicle repair or body shops should be relegated to the Industrial lend use dasignation_ or in the General wmmercial desigoa[ion Mr. Gosline said that we hav a big demand for mall warehou a spec such es ently present in the Baywood Indnstrial Perk and that in his opinion tl e subject site should be saved for true erehouse facilitiea Therefore. if the LPA agree with Carl's interpreta[ion of the Plan language. the conditional use permit mart be denied. Mr. Gosline say that the LPA and the City COm napptoved tr ring endure wo the Plan last onth which elim oared vehicle repair and body shops fiom the I-1 landsuse clzssificationm Although the amendments have not yet bean officially adopted, the staff report was based on the fact that this is the policy the City wishes to pursue. Mr. Gosline recommended that the discussion on this matter be tabled for two weeks bet ethe staffdid not eompleteand distribute the rtaff report uvth yestuday(June 11.1996). He felt that this project raised some major policy issues which need to be carethlly eorssidued by all the parties to project lie said the applicant and his legal nsel eyeed that afternoon that tabling the matter would be acceptable The rtaff would also like some aura to meet with representative of the applieeot and the wmm mty w aeu.n,me iraome typo of compromise was possible Mr. Gvsline explained the[ there were several residents ofthe Longwood Green, and their legal counsel press .vho did not agree with [he steRreoommendetion [o table the discussion. hie suggested tha[the LPA listu to their position on this mettur_ Mr. lames Gustino introduced hitaselPas the legal counsel for the Longwood Green Subdivision. He said that they had reviewed Carl's staff report and agreed with the onclusion that the conditional use permit should be denied. He also explained [hat the applicant was operating an mobile repair open without an occupational license which is a violation of geuion 10.9 ofthe City fode~ Mr. Gosline pointed out that cupatioval lice se far to body shop. a pemrined in the 1-1 zoning district. has been isued, bu[ [he appl cant was operating a repair shop. Mr Gus[ said that sthece ni[y's position that neither use was permitted in a Light Industrial Ixnd use classi'tlcauon. Mr. Gustino sated the[ Carl's staff report disclosed the change of use from a warehouse mobile repair shop changed the landscape buRer requir anJ the parking regt~ir manta Both the buRer requirements are greatty ivereesedein his situation. He said funlru that Carl's stiff report tthe leae[bit ambiguo turps[ of [he Plen or the City Code_ Ho direuedsthe LPA's eltentiov [o a photocopy of pg 48 of the Comprehen ve Plev Goals Objet and POlici which was provide in Carl's staff report. Mr. Gusl[ino concluded by seyingtha[ Longwood Green thils [ antlers and why there any delay in meking[his decision whenthere is absolutely no hesitation in the rove of Carl's s[aR[epon and they respeufullY request the wndi[ional use permit for Harbor Automotive. Inc be denied. Mr. Gosline said that eof the principal font sof the LPA is nterpre[[I~e ning of the wordsin the Plan end that he had preserved his opini not what the imerpru should be. He again suggested that the matter be tabled so~ha[ the opposing point of n could be preserved to the LPA before they made a decision. h fah that it would be uvfair to the applicant, and his legal couvsel, not to provide them wrth ample opponuniry to make their arguments in the public forum. Mr Lins stated that he had not received Carl's staff report. Mr. Gosline again apologized Por the lateness of [ha report and mid he left it on the Rorv door. Mr. Revels asked the applicant Mr. Velez, how long he bad owned [he building xnd whuher he was in operation. Mr. Velez answered [hat he owved [he bolding shoal e month or ro and that he was still setfmg up his business. Mr_ Revels asked Mr Velez if he had checked on the zoning prior to buying the site Mr. Velu,answered that this was the firs[ time he had bought a building end did not know an cwpationel license was requir¢d or anNhing about the zoning ismes until Mr. 6osllva explained it eo him on "Tuesday. Mr. Gus a[ed the r on for the Comprehev ve Plan and land developme regulntions~sseo provide property owners with some reasonable expectation of th¢ type of development that wnld be expected iv their nity. The residenu of Longwood Green, therefore, had a right to expect that anoautomobile repair or body shop would not be prasenn in the 0aywood Industrial Perk. Via wemt onto say that iPMr. Velez was sinformed he Fad e remedy in the worts and that hie client should no[ have to avffu due t¢ Mr. Valaz's mistake. He again stated that the conditional vze permit should be denied because neither en eutomobil¢ body shop nor en auwmebile repair shop ere perznitted land uses in the Light Industrial land use classification ofthe City`s Comprehensive plan. Mr. Hullingon said he agreed with Mr Gus no pos n. How r. he was concerned that Mr Gns had not received Carl's staff report prim to the meeting Ma Cathy Wesson, President of the Longwood Preen Homeowner s Aasooietioq said they had discussed the matter with Mr_ Velez and that he indicated his hours ofoperation would be from 9:00ldzd to 5:00 PM. However. accordinS to Ms. Wasson, he had begun operating es late es 8 00 PM at night on morethan one occasion She also stated the dumpster had been located within the public dreivageeasement_ She asked howa bus cold he operating wiNOU cwpati sal lice e. SheLrYFer stated tltat ifthe Citynallowed e repair shop iv this I cation [here would be no way to stop other such f§cilitiec tFOm being established in light indnsvnal areas such as Beywood [ndnsMal Park. Mr. n1I bYl rated he fits t unders end why this i omplioated issue- 41e has heard all ofthe arguments and fails to sae how tabling this matter for two weeks will change any of the facts. Mr_ Velez stated that he wonld appreciate some additional time to see iPsome kind of ompromise can be reacFed in this maser. He asked to have mare time to discuss this matter with his attorney. Chairman Bullington expressed his concern that the staff had not handled this issue very well He expressed wncun that the applicant was not represented by legal counsel end that in the interest of fairness to all parties a delay of two weeks might be appropriate- Mr Oosline slated that the Chaimtan was correct in his assessment oPtlus starter- He explain¢d that the staff eredintryingto rveh the processing oPthis application Ifthey had delayed scheduling iu nsidere oche lvlym ring, there might have been e solve some oPthe disagree t. Ole also seidethat ho told Mr. Massey, Mrmo Velez`s etromey, thatsince there was epp'eemem on the pert oftha staff and the applicant o table the matter there would be no need for him to appear. If the Longwood Green residents sad not objected to the staff recommendation to table, the matter would never bane bean aiscnaaed. Mr_Gosline again rated that is his opivim that condition usa permit reque [raises the following important public policy issue: I. Is it the City s ivtetpretation oC the language on page BIAB oPthe Goals, Objet and Policies dot tof the Comprehen vo Plan [her automobile repair and/or body shops are n t appropriate in areas designated as Light Indusvial? This issue needs to be carofully thought though and discussed- tie further stated that the staff report re0resents his opinion only and that other staff members have different interpretations which deserve to be heard. Mr. Lins aced that he has lis[ ned to the disc n, but he i omfortable abou ring bet se ha has read Cerl'sastaff report. He also stated that this decision will set ao precedent for future action. Mr. Rcvels said ha fiels sorry Por Mr. Velez in this si«iation_ However, he agrees with the Longwood Green position that the permit should be denied. Mr Livs madeamotion to table consideration of the request. The motion died for lack of a second vole. Mr_ftevels madee to decry the mvditional use perry and it onded by Nr. Bullington_ Mr. Linsooied no and the motion died because the LPA's Rules oPProcedure require an affvmahve vote of three mombers to past Chairman Rullington stated for the record that this matter would be heard again at 6.00 PM on June 2fi. 1996. Mr. Gosline said the staff would arrange s meeting with representatives ofall parties prior to love 26. 1996. 8. ADJOURN~(ENT. The meeting was adjourned at x.22 PM. Minutes Appro;ved)J ~~i ~~R~ _ LPA Chairman /' isfln.r-r s~, . Nchetd Bullington .' 'these minutes represent a summary ofthe actions which ocrttrred. Aodiotapes of all LPA rings a ned as part of the permanent City records nntl are available for I stoning dtreing normal working hours.