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LPAMin06-26-96LAND PLANNING AGENCY Loagwooa, Florida Jane 26, 1996 PRN:SENT: STAFF: Richard E. tluilington, Chairman John Brack, Dir. of Planning& Building Serviees Marvin Meltzer, Viee Chairman Damflris Corbelo, Dept. Secretary John Llns Barry C. Revels Guest: Richard Taylor. City Atwrney 1. CALL TO ORDER The meeting was call to order by Chairman Bulling[on at 6:02 P.\I. 2. Further consideration of the conditional Use Permit (CU-Oi-961 for Harbor Automotive, Inc. to operate an automobile repair faeility in Bnywootl Industrial Park. VIr. Brdlington stated for the rewrd that they are just an advisory board. so whatever decisions are made, ie would still have to 6o to the Longwood Ciry Commission for final approval Mr-BUllington asked Mr Brock to briePthe Land planning Agency on the srtuahon with regards to Harbor Automotive [nc Mr. Brock said that he s had the opDOrtunity to mew on Mondny afternoon with the two mays representing both sides in the issue with CU-0496 Conditional Use Permit Cor Harbor Automotive Inc- Mr. Massey is [he Attorney representing the applicant, and Mr- lames Gustino represents Longwood Green Subdivision. Mr. Brock did not know as a esult of that tivg whether the rneysw negree with suggest sthet he mach at the meeting. Mr. Brock warned the applieent to comply with those on endetions wncerning vegetativ uvdpmofing and vegeaative aesthetics at the LPA mewing on Jone2G. 1996. Whether~he attorney Por the applicant could even omply with so a oPhis endati ns by that ning w Mt Mazsey has eomplie0 with Mr. Brock e~uggest and MrVBrock stated thanhe kels omPOnable with proceeding the LPA meetin& What he tried to uplain et that meeting ov `Monday aflern with Cher mays was that when you look at the language in the adopted Comprehensive PlanWthere ere two possble intaryretetions. Mr-Brock had also explained to Jia two attorneys the way he menages his department. Ifet any time there is n opinion rendered from the Ciry Plannu, Code Enforcement OBicu or tiro Ciry euildivg Oflcial, unless that opinion or recommendation is in his mind erroneous. he will not mda rhat endati n. He stated that acts happen to be one of those situations where Mr- (iosline and Mr-Brock have two different interpretation of wlia~ s implied by the language ofthe Comprehensive Plan. Mr. Brock said there is reasonable room for two difiment interpretatrons. Mr. Brack staled that on Page III-4l, Light Industrial (purpore). the purpose of this Light [vdustriel District is to provide sulflcien[ flees in appropriate locations for limited 'industrial operations engaged in the light matmfheturing. reoe r or s[oragc oPmavutettured uooda, oPsuch value that no objectionable by-prodnets of [he activity (i e., smoke- dust refuse, odors. radio interference, n nod outside storage) ar cad beyond [helot on which the fadlity/Projes~is IocatedttThen Mr. Brock directed the board to the xt page where he had highlighted item](P)which says developme in Wis diso-int shall be limited to. (v'7 Spacial exception (refer to Zoning Code) (wholesale reran sale of above or Hvished products)- Mr_ Brook emphasized that there is room in this language for twv sepere terprw sof whet the Comprehensive Plan is telling us: his interpret that there is w[ough verbiage in this Comprehensive Plan to allow this use as a wad ~ional Mr. Brock rewmmends that this Conditional Use (CU-04-96) be approved on two conditions'. (a) that the applicant finnisn adequate assurance and reeommendatione Nom a registered landscape architect that plantings wn be inmlled on thesubject property to mitigate any objectionable noise; anU (b)tha[ the applicant agree to plen[ing additional ees forthe purpose oPaasthe[ica (i.e, breaking of the view of the rear of the moral building)- Mr. Massey stated his name for therecord- Ha is the Aaorney for Hetbor Automotive Ine_ He states that he !eels that this is a permit[ed use according to the code- He said that the LPA does have the right to place some conditions on how this business should be operated- He also stated that he took it upon himself to check out the property to see whet theyw cup against He staled that after themeeting with Mr Brock and Mr_ Gustino he was pressed for time in gGting some infnnnation to help their case end to be able to hand out et the LPA meeting. Mr Massey got the required inPOrmetion Nom Paul Verlevder who i e Landscape Architect in Altamonte Springs. Mt Massey handed copies out to the LPA to explain their situation. Mr. Massey try to explain all that the architect said was that screening and hedges would work as far as sound proofing. That s what Mr Velez planned w do, to sound proof the building and put up such trees for the visual aspect oP[he site Mr_BUllinynon questioned about the 25'highs 20'wide live oak trees end are they going w be that big when planted or is it going to take l to 5 years to bethat largep Alr. tins questioned about the noise- He wen[ed to know if it will block out ell the noise after all the work is done or wdll i[ just block out some of itp Mr. Massey stated that he really didn't know whet the out-coins es going to be. j1r, Gustino stated his name for [he record. He is the Attorney repres rte Longwood Greav Subdivision. Hes[etedthmthe code is quite explicit and doesn't reflect ambiguity here Mr.Gustino read Page 111-48 From the Comprehes[sive Plzn whinh he feels is quiet unequivocal, i[ says that development in [his distric[ has been limited to the following uses. (F)Special Exception (rcf ro Zoning Code)(wholesale, re[eil sale ofabove or Enished products)_Sa for lhoee reasons they believe that the prey nofthe Comprehensive Plan is quit explict end precludes this conditional use pwm rve'Chey believe the proposed atisfnetory, evd it does not address [heir concerns about the noise. Mr. Gus no also stated there's no indication here ro give a reliance that rho level of noise is going to be raducod to an acceptable level end the Plen states there is to be NO noise Mr. Gusting requested for those reasons that the Conditional Usa Permit (CU-0496) be denied. Mr. Richnrd Taylor, City Attorney, said that both Attorneys have made good points. He said that the Comprehensive Plan says no pyjgvAioriabte by-products. He feels that it is the duty evd the job of this LPA to decide whether or not this buffer that has been propaved will eliminate vat all noise but all objeaional noise projecting Rom the property. Mr. Revels said that iv 3 to 5 years there might be sound reduction, but for right now he's concerned about the size of the creel. Mr. Ballivgtov atatW that he Itad a problem with Cher endati not approval. We haveaproposal ROm the landscape architect saying tnatche can reduce the sound levels, butwa bar no indicedov from anyone that it wlI be reduced by a little or e whole lot, and Ns covicem is chat once the businevs is open tt will be too late to do enyNing Mr. Meltzer said if Mr. Velez is open fiom ~ e.nt to J p.m. the basi<noise problems would be liminated from the evening, and that's where mon ofthe wnoem is. Fle Peels that during the day the noise fxctor should not be much of a problem:. [he noise fxcror should be more towards the evening when the families are hcma_ The LPA recommends that the architect attend the ne.:t meeting to explain the sound reduction with the buffo and the treas. Mr. Melzer made a motion to table omit the next me ring on July 10, 1996 at b'30 P M. The motion died Zack of a second. Mr. BUllingto Hades motion to deny re evdation of approval to the City Commission for Conditional Use Pannit (CU-04-9~ on the ground of ivsutficient inform [o determ e that the objec[iovable noire will be limited to the owner s side. Mr. Revels second the motion, end it pasved by 3 to I vote. Adjm,rnma,t: The meeting was adjourneA at J20 pm Minmos Approved _----~/~fG 1,PA Chairman ~chot~~~i.~J./~ [tichard Theaeminuces representnsummmy of fhe actions which o<rrmrctl. Audiotapes of all LPA rings are mnlntntnetl as part of the permanent City records antl are rovnilnblc [or listening tlnring normal working hours.