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HomeMy WebLinkAbout2009 10 12 Informational 100 Update Of Current Planning ProjectsCOMMISSION AGENDA ITEM 100 October 12, 2009 Meeting CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR MGR. M /DEPT Authorization REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. PURPOSE: This purpose of this agenda item is to update the Commission on the status of current planning projects and any events /changes since the last City Commission meeting. Those projects listed below are those with the latest activity. For a project maps and information on the school generation rates in the City, please go to the httn:// www.wintersbrinesfl.ore /item100. The number to the left of the project name in this report corresponds to the number on the City Map showing the location of the project. Items listed below that have changed since the last updates are shown in bold type. (1) SJRWMD(formerly Minter) Site Staff review was held on August 25, 2008. The site plan was reviewed at the September 3, 2008 P &Z Board meeting and the conditional use was reviewed at the September 4, 2008 BOA meeting. Both site plan and first reading for the rezoning were approved at the September 22, 2008 Commission meeting. The Conditional Use Permit and second reading/adoption of the rezoning (Ord. No. 2008 -12) were held at the October 13, 2008 City Commission meeting. Public Works provided an informational up -date of the status of the Solary Canal Stormwater Treatment Area project to the Commission at its March 23, 2009 meeting. A pre -bid was held April 16, 2009 with bids due April 29, 2009. The low bidder was Briar Corporation at $1.23 million. Additional agreements are expected to be brought to Commission in October for review. (3A) Mann Site Preliminary engineering plans for the 7,500 S.F. Ladybird Academy Daycare were submitted on September 4 and were addressed at the September 16, 2008 staff review meeting. The project received a unanimous vote for approval at the October 7, 2008 P &Z Board meeting and was approved, subject to conditions, at the October 27, 2008 City Commission meeting. The Applicant submitted for final engineering approval on April 6, 2009. The item was addressed at the May 5, 2009 staff review. The revised engineering plans and aesthetic package were reviewed at the October 12, 2009 Informational Item 100 Page 2 June 16, 2009 staff review. The applicant's preliminary building plans have been reviewed for sufficiency. The final engineering /site plan and aesthetic revisions were approved at the August 10, 2009 Commission, along with a Development Agreement/Notice of Zoning Restriction modification. The building plans are being reviewed for a building permit and a pre construction meeting was held on September 1. The building plans have been reviewed and have been ready for issuance as of September 3, 2009. (5) Greenway Professional Plaza (East Coast Believer's Church Property) First reading of the annexation ordinance (Ord. No. 2008 -17) was held on September 8, 2008. The second reading and adoption was held on September 22, 2008. The first reading of the FLU amendment (Ord. No. 2008 -18) to Commercial with a Conservation Overlay and the first reading of the rezoning (Ord. No. 2008 -19) to Greeneway were held at the October 13, 2008 City Commission meeting and they were adopted at the October 27, 2008 meeting. (6) Jetta Point Park The $9.5 million slated for construction of the Jetta Point Park project was re- appropriated in the Seminole County budget to help cover general fund shortfalls for the 08 -09 fiscal year. There are on -going discussions about increasing the County's Bed Tax by two cents to fund this project and the Solder's Creek project. Seminole County staff contacted City staff to schedule a pre application meeting for Tuesday, December 2, 2008. Staff held discussion with the project designer on November 14, 2008 to review setback and buffering issues for the park. Staff conducted a pre application meeting with the project's designers on December 2, 2008 to review the conceptual park master plan and provide direction to the County and its design team. The meeting included representatives of both the City of Oviedo and LYNX. Another meeting between PBS &J staff and City staff was conducted December 10 to further address outstanding issues. The County Leisure Services staff met on January 6, 2009 to review the 60% design plans with the project engineer. Planning staff have attempted to initiate a series of meetings to expedite design, review, approvals, and construction. A meeting has been requested by the County's design engineer (PBS &J). This meeting will enable City Staff to discuss any outstanding coordination issues on the park. Urban Beautification/Arbor staff met with the design team on -site on May 19, 2006 to discuss tree quantification procedures and mitigation options. Staff is currently working with the design professional to prepare for a submittal to the City for Preliminary /final site plan approval. Staff has been contacted relative to the submittal of both the geotechnical report and the traffic study for the park. Staff received an aesthetic review package for the park on July 30, 2009 and addressed it with the applicant at the August 18, 2009 staff review. The complete site plan application package was received on August 21 and was addressed at staff review on September 15. Staff has reviewed and, at the September 1, 2009 staff review, provided comments to representatives of the adjacent Vistawilla site, regarding access to the park through the Vistawilla site. Staff and PBS &J held a conference call on October 1 to address final comments and to craft a schedule for public hearings, P &Z and Commission meetings for the aesthetic review, site plan /final engineering, and developer's agreement. October 12, 2009 Informational Item 100 Page 3 (8) Oviedo Marketplace —The latest plan for Section B of Parcel 14 is comprised of a 77 unit condominium project. Staff met again with the applicant's team for this project on September 4, 2008 to review the site plan proposal. A revised concept plan was submitted on September 25 and was reviewed at the October 21, 2008 staff review. Staff received correspondence on December 1, stating that the applicant is now considering developing 58 residential units and using the southerly 2.5 acres (separated from the rest of the site by wetlands) for self storage. The applicant is currently finalizing the site plan to incorporate the modifications necessitated by the addition of the self storage facility. The applicant anticipates a late second quarter /early third quarter 2009 start on the self storage facility and a late first quarter /early second quarter 2010 start on the residential. The applicant has contacted staff to re- establish a schedule for approval of the PUD Master Plan and final engineering. Closing on the storage portion of the property is tentatively scheduled for July 30, 2009. Discussions with the applicant on June 15, 2009 indicated that they are now working with two storage companies. One of those companies seems to be able to raise the required equity capital required by the lender. The applicant will be back in touch with staff by the end of June with a status update. The applicant has informed staff that the initial storage company has experienced some financing concerns and discussions are now open with a second storage company for the commercial section of this development. On August 10, 2009, the Commission agreed with the applicant's request to allow a 100,000 SF storage facility within the DRI /PUD, which must be followed up by a modification to the Development Order and/or NOPC. Staff is currently reviewing a proposed change to the binding development agreement for this project to facilitate the storage facility as well as the remaining portions of Parcel 14. Staff held a conference call on October 2, 2009 to negotiate the final conversion n umbers for the requested usage change from 100 townhomes to an ACLF/Independent Living Facility in addition to the recently approved indoor storage facility. (8A)Tuscawilla Country Club(Tuskawilla Greens) —The PUD master plan amendment, preliminary final PUD, and site plan received recommendations of approval at a special August 21, 2008 P &Z meeting and were approved (along with a development agreement and 4 amended settlement agreement) at the September 8, 2008 Commission meeting. An aesthetic review package for the condominium development was submitted on November 26 and was addressed at staff review on December 16, 2008. Plans for the renovation /modification of the tennis courts and country club parking area were received on August 1, 2008 and were reviewed at the August 19, 2008 staff review. The applicant submitted a plan for the borrow pit along Northern Way for the fill material to be used on this project. Both the tennis courts and borrow pit were addressed at the October 21, 2008 staff review. The tennis court site plan received a recommendation of approval at the November 5, 2008 P &Z Board meeting and was approved, subject to conditions, at the November 24, 2008 Commission meeting. At its December 8, 2008 meeting, the Commission addressed its condition of approval that the 4 tennis court be provided before the first certificate of occupancy, amending the condition to allow more than one half of the 60 units to be occupied before the fourth tennis court is required. A preconstruction meeting was held on December 10, 2008. The Aesthetic Review was approved at the City Commission's January 26, 2009 meeting. The final engineering and landscape plans October 12, 2009 Informational Item 100 Page 4 for the proposed Northern Way Borrow Pit was denied at the February 9, 2009 meeting because of the well to supply the pond. The revision, without the well or the pond liner, was approved at the February 23, 2009 Commission. The applicant paid the arbor fee and one percent construction permit fee. Construction has begun on the tennis court relocation. Site work has also started on the condominium site and silt fences have been installed at the borrow area. Architectural plans have been reviewed by the Building Division. Congressional Homes met with staff regarding the future replacement (on Golf Course property) of a large equipment storage shed. The applicant proposes to eliminate the decorative faux chimneys from the architectural design, since the units were designed without fireplaces. The aesthetic review modification to remove the faux chimneys was approved at the July 13 Commission meeting. Preliminary discussions have taken place regarding the need for a second borrow area on the golf course property. Staff has yet to see any drawings depicting this area and will update the Commission as information becomes available. The applicant has submitted engineering drawings for the proposed second borrow area located along Northern Way, just westward of the first borrow area. Staff review for these plans was held on July 21, 2009. The applicant has received staff's comments on the borrow area and is revising the plans accordingly and will be contacting the homeowners located across Northern Way from the proposed project to discuss their concerns. The borrow area concept utilized on the east side of Wicklow Way has been modified to become a "depressional area" with 4:1 side slopes and a grass surface. Consideration of the final engineering and landscape plans for the golf course feature with dry retention was postponed from the August 10 Commission meeting to the August 24, 2009 meeting. At the August 24 meeting it was announced that the applicant has withdrawn plans for this excavation from consideration. The City's Building Official met with the applicant on October 1, 2009 to discuss the permit and impact fees for this project. (11) JDC Calhoun I. Construction continues. City records indicate the following businesses are locating or have located in the JDC Calhoun Town Center: Building 1 work is proceeding on the Asian Fusion restaurant (at the corner of Tuskawilla and SR 434); the contractor notified staff that the designer of record has been replaced for the build -out and staff awaits the prescribed documentation the Huey Magoo's Chicken Tenders restaurant (at the north end of the building) has received a CO and is open for business. Staff has made several attempts to contact the applicant and the contractor on the E &O Fusion project but, to date, have not received a response. Building 2 Apple Sign and Awning has contacted staff, about replacing the Countrywide Mortgage signage with one second floor building mounted Bank of America Home Loans sign facing Tuskawilla Road. Building 4 (combination 7,800 SF first floor retail and restaurant with second and third floor residential condominiums with a fourth floor penthouse suite 15 residential units) received a certificate of occupancy for the residential units on March 2, 2009. October 12, 2009 Informational Item 100 Page 5 (13) Town Center Phase II Staff met with IBEW and 5 3 Bank representatives on August 28, 2008 to discuss a possible lot split and the location of a branch bank on a parcel located along the north side of SR 434, just east of the McDonald's. Staff met Atwell -Hicks Development Consultants representatives on September 24, 2008 to discuss lot split, infrastructure, and site design issues associated with the proposed bank. A lay -out sketch was provided to staff on October 3, 2008. This sketch and cursory staff comments have been forwarded to Dover Kohl and Partners for further review. Staff met again with representatives of 5 /3 Bank and the IBEW to look at proposals for the site design. Another proposal was sent via e-mail to staff and has been reviewed by staff. Comments were sent to the applicant on December 30, 2008. The FDOT has denied the turn lane request of the 5 /3` Bank team. City staff met with the development team on February 2, 2009 to discuss the left turn lane issue. Additional discussions with FDOT will be scheduled regarding the turn lane and possible access from Tuskawilla Road, behind the McDonald's site. Staff met with representatives of Lochrane Engineering and the IBEW's attorney on March 12, 2009 to discuss details of the Phase II Implementation Agreement. Staff is currently reviewing the Implementation Agreement to consider the client's requests and also to re- evaluate the City's position relative to the agreement. A meeting was held with a representative of Phase II -A on April 24, 2009 to discuss the access options for the 5 /3` bank site proposed at S.R. 434 and Loop Road. The City Attorney and the new owner are negotiating a revision to the implementation agreement. Staff is currently reviewing a first draft of this agreement modification. Staff has met to consider the applicant's draft of a revised implementation agreement. The outcome of this meeting is that staff is concerned about some of the proposed language and is opposed to any changes to the agreement at this time. (13 A)Town Parke Apartments The 10.32 acre site is located on the south side of SR 434, between the Mobile station and the pedestrian bridge. A conceptual site plan for 201 (was 204) residential apartment units (1 -4 BR) with 413 (was 388) parking spaces was submitted to the City on March 3, 2009 and was addressed at staff review on March 19. The City Arborist and the applicant's landscape architect conducted a site inspection for March 4, 2009. Revised plans were submitted on March 27 and were addressed at staff review on April 7, 2009. Further revised plans were received on April 10 and were approved as a concept review by the Commission on April 27, 2009. The concept approval was re -heard at a May 18, 2009 special meeting and was approved subject to a negotiated Development Agreement with specific stipulations. Further discussion ensued at the special May 26, 2009 Commission meeting regarding crime statistics for high density housing areas. (14) Artesian Park (formerly Lincoln Park) The applicant is working to finalize the Development Agreement language for this project. The Development Agreement is undergoing review by the City Attorney. Staff was contacted by a bank appraiser regarding entitlements for the project. (14 Magnolia Park Staff met with the design team on April 14, 2009 to provide initial comments on the trail land swap, site, and building design, for the amphitheater with its changing rooms and rest rooms, in preparation for formal submittals. Staff met October 12, 2009 Informational Item 100 Page 6 with the consultants on May 14, 2009 to discuss the landscaping, lighting, and sound components of the design. Additional discussions were held on May 29, 2009 regarding the lighting and sound designs. Staff has received the 60% plans on July 31, 2009 and addressed these plans at the September 1, 2009 staff review. Aesthetic Review has been set for October 6, 2009 with the Staff Review Committee. (19) Grandeville at Town Center (f/k/a Villa Grande Grandville) Staff is working with the applicant to finalize revisions to the permit plans and to finalize the address assignments for the units. A pre construction meeting and permit issuance should be forthcoming in the next few weeks. Staff met with the applicant on September 29, 2008 to finalize the methodology for building valuation to be used in assessing the appropriate building permit fees. The applicant reports renegotiating materials prices (in light of recent price declines) in preparation for submitting for a construction permit to do the site /civil construction and obtaining building permits. The applicant met again with staff on December 23, 2008 and announced that, due to the international financial crisis, they were suspending the project indefinitely. The applicant has asked for contact information for another developer who approached the City with a proposal for an "independent living" facility for seniors. Staff met with the applicant on February 27 and again on April 16, 2009 to discuss options for modifying the proposal to 144 age- restricted apartments utilizing a site plan similar to the one previously approved. Further discussions relative to the final design and economic development incentives for this project were scheduled for June 9, 2009, but were re- scheduled for June 16, 2009. The applicant is currently working on financing for this project and the City is continuing consideration of potential economic development incentives. Staff is working with the applicant to finalize the financial package and to finish the write up to be used in marketing the project. Staff provided a letter on September 28, 2009 detailing the existing project status. This letter will be used as part of the financial package for the project. (20) Wagner's Curve Office/Retail (Pinch -A-Penny) The aesthetic review and final engineering /site plan were approved, subject to working out details, at the September 22, 2008 Commission meeting. The building plans are currently being reviewed for the design professional. Staff is awaiting submittal of a draft development agreement. Staff understands that the financing for this project was "pulled At its February 9, 2009 meeting, the Commission addressed the applicant's request to reevaluate the Town Center Code. Per the Commission's direction, staff has met with the applicant to review the proposed changes to the building. Staff received the revised design on March 3, 2009 and is currently reviewing this proposal. Staff provided correspondence to the applicant's representative on March 31, 2009, stating a number of concerns. (21) HSP Office (1.6 acre Wagner's Curve Commercial site) Staff is continuing to work with the applicant on certain minor site layout modifications and the aesthetic review for these buildings. Staff is working with the applicant to finalize the aesthetic review and signage package submittals. The aesthetic review package and revised final engineering plans were submitted on November 6, 2008. Staff met with the applicant on November 18, 2008 for a final review of the site engineering and aesthetic review. The final engineering and aesthetic review were approved at the December 8, 2008 City October 12, 2009 Informational Item 100 Page 7 Commission meeting (the development agreement and subdivision plan with subsequent plat are still out standing issues). Staff is currently working with the Developer on placement of real estate signage for this project. Permits for the real estate signage have been issued. Conversations with the owners indicate that they are still seeking financing as well as placing the lots on the open market for sale and, preferably, development in accordance with the entitlements that they currently have from the City. (23) Talis Crossing Subdivision —The plat was approved, subject to the City Attorney' review, at the August 25, 2008, Commission. Up -dated title work was provided to the City Attorney on September 8, 2008. The plat was recorded on September 19, 2008. (25) Bart Phillips /419 Auto Metal —On September 8, 2008, the Commission adopted Ord. No. 2008 -11, which provided a restricted C -2 zoning for the 2 parcels containing approximately 9.04 acres along SR 434. Staff is working with the applicant to clarify the land use actions and to get the Consent to Zoning Restrictions document executed. Staff met with the applicant on October 7, 2008 to discuss staff s comments on the aesthetic review, site plan, and Ginger Lane /Old Sanford Oviedo Road ROW vacation request. A revised aesthetic review package was received December 19, 2008 and was approved at the January 26, 2009 City Commission meeting. Vacation of the Ginger Lane and part of the Old Sanford Oviedo Road rights -of -way was approved at the February 9, 2009 City Commission meeting. Staff met with the applicant's team on March 2, 2009 to discuss the wall permit. A meeting was held with staff and the City Attorney on March 12, 2009 to discuss the Restrictive Rezoning and the Non- conforming use. Staff is processing the building permit application for the wall for approval, subject to conditions (e.g. recordation of easements and rezoning to either C- 2 or restricted C -2). The applicant has made application to rezone the C -1 property along SR 419 to a non restricted C -2 zoning in place of the restricted C -2 previously approved by the City Commission. The new rezoning request received a recommendation for approval at the June 3, 2009 Planning and Zoning Board meeting and Ordinance No. 2009 -10 is scheduled for first reading at the June 22, 2009 Commission meeting. Second and final reading for the rezoning of the property along SR 419 was approved on July 13, 2009. The Building permit for the first phase of the screen wall along the property's eastern boundary was issued on September 28, 2009. Staff has received a request for a waiver of the front setback along S.R. 419, behind the screen wall. (25A) Altomere Estates On November 26, 2007, the Florida Engineering Group, on behalf of Dr. Altomere, submitted a preliminary engineering /subdivision plan for dividing the northern 17+ acres of the Dr. Moseley's replat into 7 residential lots (ranging in size from 1.16 to 1.71 acres), roadway, 2 storm -water ponds, and a previously dedicated conservation area. The plans were discussed at the December 18 staff review. On February 12, staff met with Dr. Altomare and his design engineer to address major subdivision issues (lot size, floodplain, and emergency access). Revised plans were submitted on December 24, 2008 and were reviewed at the February 3, 2009 staff review meeting. Staff met on April 2, 2009 with the City Attorney to determine how best to address the lot size compatibility issue. The subdivision variance requests October 12, 2009 Informational Item 100 Page 8 were heard at a special May 21, 2009 BOA meeting, to address lot size and maximum cul -de -sac length variances. The applicant met on May28 with the neighbors in Dunmar, to ascertain their concerns. The variances were addressed at a public hearing at the June 8, 2009 Commission meeting and postponed until the emergency access issue is resolved. (26) Starlight Baptist Church Staff met with the applicant for September 18, 2008 to discuss building construction phasing. The applicant met with the Building Official on October 14, 2008 to discuss modifications to the building plans necessary to implement the phasing plan. A pre construction conference was scheduled for December 2, 2008, but was cancelled. The architect has been working with the Building Official on a number of building design issues. The applicant has inquired about the initial phasing of the project. The first portion of the construction would involve the enclosing of the existing open basketball court building to serve as an interim meeting place during construction of the new sanctuary. The contractor and site engineer have renewed efforts to coordinate limited site work and enclosure of the covered basketball court with staff. (27) Hayes Road Plaza —The City Attorney reported to the Commission on September 8, 2008 that the owner had conveyed property for the turn lane at the corner of SR 434 and Hayes Road. Building permit application is currently under review. The plans were resubmitted within a week. The building permit plans are nearing the end of the review process and are being prepared for issuance. The plans are ready for issuance and the applicant is finalizing the finance package. The owner has been notified in writing that the building permit is ready to be issued, but, on December 19, 2008, applied for a conditional use for a 24 -hour convenience store without gas pumps. This request was heard by the Board of Adjustment on January 15, 2009 and is scheduled for the January 26 Commission. The City Commission approved the conditional use for the convenience store without gas pumps at its January 26, 2009 meeting. Staff has reviewed and responded to the traffic analysis and awaits the applicant's revisions. Staff met with the applicant's team on February 10, 2009 to address aesthetic features for the 7 -11 convenience store. City staff has approved the revisions to the traffic study. The Building Official has been working with the owner to prevent the building permit application from expiring, as the applicant continues to seek financing. (28) Park Manor Academy Having obtained a conditional use and a waiver from the building setback requirements, the applicant has submitted a combined preliminary and final engineering plan submittal for the proposed 3,459 SF day care /pre school facility with 13 parking spaces, located at the SE end of Excelsior Parkway. The project was addressed at the May 5, 2009 staff review. A plan resubmittal was received July 17, 2009 and has been reviewed by applicable staff. Staff awaits revised plans from the design engineer. (36) Lakeside Plaza A conceptual site plan for 2 buildings comprising 64,614 S.F. of combined office and retail space on an approximately 7 '/2 acre site abutting and including part of Lake Talmo, was reviewed at the October 16, 2007 staff review. A revision was reviewed at the December 10, 2007 staff review; another revision was October 12, 2009 Informational Item 100 Page 9 reviewed at the March 18, 2008 staff review. The concept plan scheduled for the April 14, 2008 Commission meeting was approved at the May 27, 2008 Commission. The applicant prepared diagrams of the proposed cantilevered deck, for discussion with staff regarding the restaurant and the minor buffer encroachment. Final engineering plans were submitted on January 9, 2009 and were reviewed at the February 3, 2009 staff review meeting. An aesthetic review package was submitted on March 26 and was addressed at the April 21, 2009 staff review. Staff has reviewed and provided comments on the traffic analysis (the traffic engineer's response and revisions were received on June 11). The revised traffic analysis was approved by staff on July 16, 2009. Staff has addressed the final engineering /site plans and aesthetic review material at the August 18, 2009 staff review. At the same meeting, 17 -92 CRA Program Manager John Metsopoulos addressed the applicant and staff regarding potential CRA funding for this project. STAFF CONTACTS: Staff is in the process of discussing projects with the following applicants /owners /projects. Updates will be provided as the status changes. Town Parke Apartments The 10.32 acre site is located on the south side of SR 434, between the Mobile station and the pedestrian bridge. A conceptual site plan for 204 residential apartment units (1 -4 BR) and was submitted to the City on March 3, 2009 and is scheduled for staff review on March 19. The City Arborist and the applicant's landscape architect conducted a site inspection for March 4, 2009. The applicant submitted for a second staff review and that review will be help on April 7, 2009 and the project was approved as a concept at the April 27, 2009 Commission meeting, but was re- considered at the May 11 Commission and approved subject to a Development Agreement that will address certain items relative to essential workforce accommodations. Additional discussion ensued at the May 26 special Commission meeting. SOARing Plaza Staff has been involved in two separate discussions with an applicant who wants to develop an adult daycare and senior resources facility in the existing Lifeway Homes building located at 1001 Town Plaza Court. Staff has provided the applicant additional information regarding parking and impervious surfaces. ICI Property Staff met with an ICI Land Project Manager on June 16, 2009, to address the site. The owner is seeking to put the agricultural exemption back on the property. Winter Springs Food Mart Staff held a pre- application meeting with the proprietor to address potentially adding gasoline pumps to the site. This would entail at least a conditional use and site plan. Staff has reviewed a layout concept for this site and has significant concerns relative to the traffic flow in and around the site after the addition of the proposed gasoline pumps. 1120 Orange Avenue Staff met with the owner's architect on June 16, 2009 to discuss conversion of this large residence into a destination wedding venue with a bed and breakfast. Staff received a memo of understanding from the architect on June 22, 2009, to which staff replied with a few minor modifications. October 12, 2009 Informational Item 100 Page 10 Old Eckerd's Facility On June 30, 2009, staff met with Joe Orr regarding the conversion of the old Eckerd's building located at the intersection of SR 434 and SR 419. The proposal was to convert this facility into an indoor youth entertainment facility (e.g. Chucky Cheese); however the facility is not associated with the Chucky Cheese franchise. Harbor Winds On August 10, 2009, staff met with HOA reps from Harbor Winds to discuss cross access issues between Lakeside Plaza and Harbor Winds. Affordable Tire Site A concrete pumping company met with staff on August 6, 2009, to investigate using the former tire shredding site at the west end of Old Sanford Oviedo Road to park its trucks. Brighthouse The City has received inquiries from Brighthouse Networks regarding upgrades to the site on South Moss Road, which would include removal of the existing tower and construction of a new building. Staff and the City Attorney have determined that a Special Permit (Sec. 9 -568) is needed to authorize any substantial upgrade to the non conforming site /use. The special permit received a recommendation for approval at the September 2, 2009 P &Z meeting and is scheduled for a public hearing at the September 28 2009 City Commission meeting. A pre application meeting for the site plan and aesthetic review is scheduled for September 22. Pursuant to Commission direction, staff is working with the applicant to detail the aesthetic review and site plan improvements to the site. The application for a special permit will be taken back to the Commission once these details are negotiated. Board of Adjustment: The September 3, 2009 BOA meeting was cancelled due to a lack of applications.