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HomeMy WebLinkAbout102372-Regular Session MINUTES City Commission, Sanford, Florida .octgber 23 at 7:00 P. M. 1972 135 The City Commission of the CitY of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on October 23, 1972. Present: Mayor Commissioner Lee P. Moore Commissioner A. A. McClanahan Commissioner Gordon T. Meyer Commissioner John G. Morris Commissioner Julian L. Stenstrom City Attorney W. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Police Chief Ben E. Butler The meeting was called to order by the Chairman. The first order of business was a Public Hearing to consider amendments in certain districts and boundaries of the Zoning Ordinance in accordance with notice published, in the Sanford Herald on October 3, 1972, as follows: NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 P. M. on October 23, 1972, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, aS follows: That property lying east of Sanford Avenue and between Twenty- sixth Street and Lemon Street is proposed to be rezoned from R-1AA (Single Family Dwelling) District to C-2 (General Commercial) District. Said Property being more particularly described as follows: Lots 1 through 5, and Lots 8, 9 and. 12, Block 5, A. D. Russell's Addition to Fort Meed. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida, this 25th day of September, 1972. H. N. Tamm, Jr. City Clerk of the City of Sanford, Florida The Chairman announced that the Commission would, hear from those persons in favor of, or against, the proposed rezoning. ~ Mrs. Mel Sullivan, owner of Lot 1, 407 East 26th Street, appeared, to object to the rezoning; however, if the other lots were rezoned, she desired her property also to be rezoned. Art Harris, Chairman of the Zoning and Planning Commission,'reported they had not recommended the rezoning to commercial; and, if it is to be rezoned to commercial, they would recommend, including a larger area so that "strip" commercial development would not be created. Ned N. Julian, Jr., attorney for the Estate of George DiGiovanni, owner of Lot 8, 2605 South Sanford Avenue, appeared to request that said property be rezoned to commercial and cited other commercial operations in the immediate area. MINUTES SanfOrd, FlOrida October ~23 at 7:00 P. M. City Commission,. MIlleR.ATE LE~'.AL .~UPPLY f~oMPAiN'Y 72 Wayne O'Neal, 2611 South Sanford Avenue, appeared to support the rezoning, stating he purchased the property with commercial zoning when it was outside the City limits and. under County zoning. Omby H. Franks, 2601 South Sanford Avenue, d/b/a Franks Barber Shop, appeared and supported the proposed commercial rezoning and stated, that his property was zoned commercial prior to being taken into the City. After consideration, Commissioner McClanahan moved to authorize Lots 1 through 5, and Lots 8, 9 and 12, Block 5,'A. B. Russell's Addition to Fort Reed be rezoned from R-1AA (Single Family Dwelling) District to that of RC-1 (Restricted Conunercial) District. and the proposed. Zoning Map be amended, to reflect same. Seconded by Commissioner Morris and carried over the dissenting votes of Mayor Moore and Commissioner Meyer. Consideration next given to a request for consideration for annexation of 20.163 acres owned by Yaro Hribal, located, on the east side of US Highway 17-92, described as follows: Being a portion of the S~ of Section 11, Township 20S, Range 30E, County of Seminoi~; State of Florida, and further described: The Northerly 200.00 feet of the .SW~ of the SE~ lying East of US 17-92 and the N½ of the SE~ of the SE~. Joe Knight, Environmental Design Group planning, Inc representing Royal Line Builders, appeared, to present a site plan for development of 15.5 acres for multi-family use; 3 acres for office use; and 1.5 acres for commercial use; a total of 260 units, with density of 17 units per acre. Commissioner. McClanahan moved to table the request until the meeting of November 27, 1972, to permit participation of other property owners in the immediate area. Seconded by Commissioner Meyer and carried over the dissenting votes of Mayor Moore and COmmissioner Morris On recommendation of the Municipal Judge, Commissioner Meyer moved to authorize bond. estreatures set aside for defendant J. Roger Accardi, as follows: Docket No. 106129, Disorderly Conduct, on October $112.00 bond estreated on October 6, 1972 Docket No. 106130, Assault & Battery, on October 1, 1972 $112.00 bond. estreated on October 6, 1972 Seconded by Commissioner Stenstrom and carried. Commissioner Stenstrom moved, to authorize a transfer of $544.25 to Maintenance. Equipment Account No. 4626 from Contingency Account No. 8150, to cover cost of material for the installation of floodlights at the City Hall. Seconded by Commissioner Meyer and carried over the dissenting vote of'Mayor Moore. On motion of Commissioner Stenstrom, seconded, by Commissioner Meyer and carried, donations were authorized to be accepted from the Ixora Garden Club in amount of $520.00 and the Sanford Youth Baseball Association in amount of $332.51 and to increase Parks Account No. 4167 in amount $852.51 for irrigation and beautification of Fort Mellon Park; and further, to authorize the City Manager to write letters of appreciation for said. gifts. Condemnation Report NO. 72-405, Group 23, tabled, at meeting of OctOber 9, 1972, for structure located at 2489 Orange Avenue, owned by Elizabeth B. Smith, was next considered. MINUTES City Commission, Sanford, Florid~. Octobe. v 23 at 7:00 P.M. 19 72 1Vl'TT~q~Ari~'l T,'~,,(~AT, ~I]~'PT,3~ A report was submitted~.f=om the City Clerk that his office had been in contact with Bill Bertl~ 121 Garrison Drive, son of Mrs. smith, who stated that his mother'was inca nursing home in DeLand and did not receive the notice of Public Hearing that was signed ~'Or by Lucy Young; further, that his mother had given a deed to the State Welfare Department and that department intended to sell the property by April, 1973; however, he would contact the City building de- partment to determine the minimum amount of repair work required to permit the building to remain. After consideration, Commissioner McClanahan moved that finding the building to be unsanitary, unsafe and dilapidated, that said structure be condemned and the owner given a notic~ of ninety days in which to repair or demolish, or give just cause why same has not been repaired or demolished; and after 90 days to authorize the City to demolish the structure and levy a lien against the property for said removal, under authority invested by Ordinance No. 768. Seconded by Commissioner Meyer and carried. After consideration, Commissioner Meyer moved to accept the amended contract dated May 10, 1972, with Dan Acito Interior Design Consultants, for the Police Security Complex, and to authorize the payment of invoice dated October 12, 1972, in the amount of $540.00. Seconded by Commissioner Morris and carried. Request submitted from Oren Nelson for a 90-day time extension on Condemnation Report No. 72-377, Group 21, property located at 211 Laurel Avenue, owned by Lucie Depriest, deceased; and on recommendation of the Building Inspector, Commissioner Morris moved to approve an ex- tension of thirty days to the date of December 29, 1972. Seconded. by Commissioner McClanahan and carried over the dissenting vote of Commissioner Stenstrom. Request submitted by Lou Temple, owner of Lot 4, Block 7, Tier 8, E. R. Trafford's Map of Sanford, to close, vacate and abandon West Sixth Street between French Avenue and Laurel Avenue, described as follows: That portion of Sixth Street lying between Westerly right- of-way line of Laurel Avenue and. the Seaboard Coast Line Railroad right-of-way and abutting Block 8, Tier 8, E. R. Trafford's Map of Sanford on the North On motion of Commissioner Stenstrom, seconded by Commissioner Meyer and carried, a Public Hear- ing was authorized to be held on November 13, 1972, and the City Clerk authorized to advertise same. Request next submitted from the Board of Directors of the Seminole Community Action for the appointment of a representative of the City Commission to said Board. Commissioner ~orris moved to reappoint Commissioner Gordon T. Meyer. Seconded by Commissioner Stenstrom and carried. Letter submitted from J. W. Hickman, requesting the City to consider entering a sales contract for a parcel of property approximately 163' x 240', located south of Seminole Boulevard and east of French Avenue, described as follows: Begin 559 feet North and 249 feet East of Southeast corner of Block in Tier 9, E. R. Trafford's Map of Sanford, run East 163 feet, North 275 feet more or less to Lake Monroe, Westerly alon~ shore of Lake Monroe to nn~n~ Nn~h ~ .MINUTES City Commission, S~nf0rd,·FlOrida ~ October 23 at 7:00 P. M. 19 72 Beginning, then South to Beginning (less a 90-foot strip along Northerly side for right-of-way for Seminole Boulevard). Proposed. development will be a multi-story office building with shops on the ground, floor and built within 24 months. Commissioner McClanahan moved to authorize the. City Clerk to obtain the estimated, sale price for the best possible use of said City property, with fee for same. not t0 exceed $100.00. Seconded by Commissioner Stenstrom and. carried· over the dissenting votes of Mayor Moore and Commissioner Morris. Report next submitted from the City Attorney reviewing the authority to levy a utilit) tax under Chapter~167.431, Florida Statutes, with specifics as follows: Authorizes the imposition of a tax on all purchasers without exception. Any such ordinance may Provide that federail, state, county and. municipal governments and. their commissions and agencies shall be exempted. No exemption authorized~or"required for fraternal'°rganizations, churches and other charitable institutions. Reference was made to City of Sanford Ordinance No. 1039 imposing said tax, but with no refer- ence to any exemptions therein. After discussion, Commissioner McClanahan moved to authorize the City Attorney to prepare an amendment to Ordinance No. 1039 to exempt governments and their agencies from the Utility Tax. Seconded by Commissioner Meyer and. carried over the dissenting votes of Commis- sioner Morris and Commissioner Stenstrom. Recommendations next submitted from the. Zoning and Planning Commission and action taken as follows: 1. Commissioner:Meyer.:moved to amend the proposed Zoning Map to rezone from R-5 (One and Two Family Dwelling) District to RC-1 (Restricted Commercial) DistriCt, that property located at 1306 West Eighth Street, described as.-Lot 8, Block 9, Tier 16, Seminole Park. Seconded by Commissioner Morris and carried. 2. Commissioner Stenstrom moved to amend, the proposed Zoning Map to rezone from R-1AA (Single Family Dwelling).District to MR-2 (Multiple Family Residential Dwelling) District, approximately 14 acres located east of US Highway 17-92 and south of Airport Boulevard, de- scribed as follows: Begin 430 feet South 24o30' West of a point 949.7 feet South~of the NW corner of Section 12, Township 20 South, Range 30 East, at a point on the Easterly right of way line of State Road No. 15 and 600, thence run SOuth 64o30' East 664.5 feet, thence run East to a point 1499.6 feet East of the West line of said Section 12, thence run North to the SE corner of the 1163.8 feet of the West 1499.6 feet of said Section 12, thence run West 1583.4 feet to the Easterly right of way line of sa~ State Road 15 and 600, thence run South 24o30' West alon said right of way to the point of beginning; less beginning at a point 430 feet SoUth 24o30' West of a point 949.7 feet South of the Northwest corner on the East right of way line of US 17-92 (SR 600), run South 64o30' East 400 feet; North 73.12 feet; North 64o30' West 368.3 feet to right of way; South 24o30' West on right of way 66 feet to beginning. 3. Commissioner McClanahan moved· to amend the proposed zoning map to rezone both MINUTES ~City Commission, Sanford, FlOrida___ October 23 at 7'. 00 P. M. 19 72 ~ides of Park Avenue, one-half block deep, from 13th Street to'24th Street from SR-1, (Single Residential Dwelling) District to MR-1 (Multiple Family Residential Dwelling) DiStrict. Seconded by Commissioner Stenstrom and carried. 4. Amend Article VIII, Section 3, of the proposed zoning ordinance to include "5% of the total gross land area to be dedicated to the City for ~governmental use'f? (in addition to the 600 square feet per dwelling unit now required for open space and parks) 5. Commissioner McClanahan moved to amend Page 59, Zoning Ordinance: Site Develop- Plan to include "All Site Development Plans presented to the Zoning and'Planning Commission also be reviewed and approved by the City Commission". Seconded by Commissioner Meyer. failed to carry over the dissenting votes of Mayor Moore and Commissioners Meyer, Morris and Stenstrom. 6. To approve the recommendation of Gerald. Dake, Planning Consultant, to eliminate classification term "modular homes" and substitute "factory built housing" and defined as a structure with one or more habitable rooms manufactured in a plant and delivered to a site, and to permit same in SR-1 zoning, and a mobile home is further defined as conforming to the state law on inspection and built on a chassis and delivered to the site. On motion of Commissioner Meyer, seconded by Commissioner Stenstrom and carried, Ordinance No. 1097, entitled.: AN ORDINANCE AMENDINGORDINANCE NO. 771 OF THE CITY OF SANFORD, FLORIDA, SAID ORDINANCE BEING ADOPTED FEBRUARY 26, 1962, BEING A COMPREHENSIVE ZONING REGULATION FOR THE CITY OF SANFORD, FLORIDA, DIVIDING THE CITY INTO DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF; REGULATING AND RESTRICTING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR, OR USE OF BUILDINGS, STRUCTURES, OR LAND OR WATER; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES; REGULATING AND RESTRICTING THE PERCENT- AGE OF LOTS THAT MAY BE OCCUPIED; REGULATING AND RESTRICTING THE ZIZE OF YARDS, COURTS, AND OTHER OPERN SPACES; REGULATING AND RESTRICTING THE DENSITY OF POPULATION; REGULATING AND REsTRICT- ING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND AND WATER FOR TRADE, INDUSTRY, RESIDENCE, AGRICULTURE, AND OTHER PURPOSES; DEFINING CERTAIN TERMS HEREIN USED: PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT OF THIS REGULATION: ESTABLISHING AND DEFINING THE POWERS AND DUTIES OF THE BOARD OF ZONING ADJUST- MENT: SETTING A SCHEDULE OF FEES, CHARGES AND EXPENSES; SETTING PENALTIES FOR VIOLATION OF THESE ZONING REGULATIONS AND AUTHORIZ- ING RESORT TO OTHER REMEDIES TO PREVENT OR ABATE VIOLATIONS; PROVIDING THAT THESE ZONING REGULATIONS SHALL SUPERSEDE ANY PREVIOUS ZONING ORDINANCE OR RESOLUTIONS PROVIDING A SEPARABILITY CLAUSE AUTHORITY TO CODIFY, AND FOR OTHER PURPOSES. introduced and placed on its first reading and read in full. Letter of resignation next submitted from George Touhy, Acting Chairman of the Henry Shelton Sanford Memorial Library Board of Managers. The Commission accepted, same with regrets and instructed, the City Manager to write a letter of appreciation for his services; and further, authorized the City Manager to set up a meeting with said Board for a recommendation for a re- placement for Mr. Touh¥. MINUTES City Comrnission, .Sanford, Florida October 23 at 7:00 P. M. .19 72 rLetter next submitted, from John Krider, Executive Director, Chamber of Commerce, setting forth recommended procedures for the Industrial Promotion Account No. 8134-4 in amount of $10,000.00;~and on motion of commissioner Meyer, seconded by Commissioner McClanahan and carried, same were approved.. On recommendation of the Chamber of Commerce, and on motion of Commissioner Stenstrom seconded by Commissioner McClanahan and' carried., the City Attorney was authorized to prepare a resolution indicating the City of Sanford's opposition to the removal of the Market News Service from the Sanford State Farmers Market. The City commission authorized the City Manager to notify Monroe Harb°ur, Inc., to remove two old boat hulls fr°m City property at the Marina and on failure to cOmply, that the City would proceed with said removal. Commissioner Stenstrom moved to rescind prior action taken at this meeting to rezone Lots 1 through 5, and L°~S 8,'9 and 12, BloCk 5, A. B. Russell's Addition to Fort Reed. from R-1AA to RC-1; and further, to rezone said property to C-2 (General Commercial) District. Seconded by Commissioner Meyer. Motion failed to carry over the dissenting votes of Mayor Moore and Commissioners McClanahan and Morris. Ther~..:~eing no further business, the meeting adjourned.. lm