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HomeMy WebLinkAbout11.05.98WORKSHOP AGENDA PLANNING AND ZONING COMMISSION Thursday, November 5,1998 69000 P.M. CITY COMMISSION ROOM, CITY HALL CITY OF SANFORD FLORIDA CITY ATTORNEYS S OFFICE - PROCEDURES, SUNSHINE, CONFLICT OF INTEREST, QUASI- , JUDICIAL HEARINGS, ETC, B. OT BUSIN ADVICE TO THE PUBLIC: If a person decides to appal a decision xnade with respect to any matter considered at the above meeting or hearing, he or she may need a verbatim record of proceedings, including the testimony and evidence '%itb record is not provided by the City of Sanford. (FS 286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the Personnel Office ADA Coordinator at 330 -5626, 48 hours in advance of the meeting, C 1ty of Sanford Plani2ing and Zoning ConwVssion ReWAmly Scheduled M e 7:00 P.M. Thursday, November 5,1998 City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Hearing to consider a request to Rezone property located at 3860 W. l Street from AG Agricultural to PD, Planned Development. Tax Panel Ho: 18-1 - o- AC-OOOD- 88 Property Owner: Melissa Ann, Inc. & 1hattigan Representative: Judy L. Stewart, Bowyer Singleton Assoc., Inc. 2.A Hold a Public Hearing to consider a request for a Small Scale Comprehensive Plan Amendment for a portion of property located at 4249 Orlando Drive, amending the future land use rasp from Office (Seminole County) to HDF , High Density Residential. Tax Parcel lo. 2 -0-30- 300- 00A03B -0000 Property Owner: Donald Robertson for the Estate of Opal Robertson Representative: Paradise Development Group., Inc. . E Hold a Public Hearing to consider a request to Rezone a portion of property located at 4249 Orlando Drive from AG, Agricultural to MR-3, MuMple Family Dwelling Residential Zoning District. Tax Parcel Nos: 22-20-30-300-003A/003B-0000 Property Owner: Donald Robertson for the Estate of Opal Robertson ertson Representative: Paradise Development Group, Inc. 3. Hold a Public Hearing to consider a request for a Conditional Use for property located at 218 W, 12 Street in a SR -1, Single Family Dwelling Residential Zoning District for the purpose of a duple. Tax Parcel o: 2 -'I -30- AG- 'I305- 1 - Property Owner: James E. Crews Representative: Harold S. Nobles, Jr. 4. Hold a Public Hearing to consider a request for a Conditional Use for a proposed Sanford Ale House restaurant located at 50 Towne ceder Circle in a PD, Planned Development Zoning District for the sale of alcoholic beverages for consumption on premises AB -COP). Tax Parcel No: 2 - X19- 0- L W- 0500 -0000 Property Owner: Seminole Towne Canter Limited Partnership Representative. Thomas Patterson 5. Hold a Public Hearing to consider a request for a Conditional Use for property looted at 111 Orlando Drive in a GC -2, General Commercial Zoning District for the sale of beer and wine for consumption on premises (BIN -COP). Tax Parcel No: 12-20-30-300-0098-0000 Property Owner: Sanford Property Group I epresentafive. Daniel Sobolewsl - Polo Billiards of Sanford, Inc. Phoning and Zoning Cornmlwi6n Agw - November 5,1998 Page 1 of Hold a Public Hearing to consider a request for a Conditional Use for a proposed Barger King restaurant located a 201 French Avenue in a W Special Commercial Zoning District for the purpose of a drive -ire restaurant. Tax Parcel Nos: 2 -1 - SAG -o4o8- 0060/00701009010090 Property Owners. Roy E. & Cynthia A. Zimmer Representative: Gary Hardman - Burger Ding Construction 7 . Hold a public Hearing to consider a request for a Conditional Use for property located at 3 18 French Avenue in a GC-2, General Commercial Zoning District for the purpose of - Haul rentals. Tax Parcel Info: - 1 9 - SAG -0809 - 0090 Property Owners: George E. & Mable E. Vogel Representative: Dean Ray 9. Hold a Public -tearing to consider a request for a D imensional Variance for property located at 3 09 Park Avenue in a SC - 9, Special Commercial Zoning District for the purpose of reduction in parking space requirements: 9 spaces required, 3 spaces propo variance request of 9 spaces. Tax Parcel No: 28 19- 90- 9AG -080 -0'I 10 Property Owner: John N. Puder Representative: Valed S. Davis 9 . Minutes 10, Any other business from floor or Commission Members. 17. Reports from Staff. ADVICE To THE PUBLIC, N a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford (FS 9.01 Persons with disabilities needing assistance to participate in any of these proceedings should contact the personnel office AAI Coordinator at 330 - 5929, 48 hrs in advance of the meeting. and * Cmnmiwim AVn& - ovom6a 5, 19N F*�e2of PLANNING AND ZONING CONWISSION'S wORKSESSION NOVEMBER 5, 1998 6:00 P.M. CITY CONI IIS SION CHAMBERS, CITY HAI-L SANFORD, FLORIDA MEMBERS PRESENT: Michael Skat Mac McClanahan Bobby Vonbierbulis Andrew Kutz Ross Robert James Valerino Kevin Hipes Timothy Hudson Otto Garrett OTHERS PRES Catherine Rei main, City Attorney's Office Jay Marder, Director of Engineering and Planning Russ meson, Land Development Ms. Reischmann was present to discuss procedures, sunshine, conflict of interest, quasi - judicial hearings, etc. She stated that if a Commissioner receives correspondence from someone, this is public record and should be turned into the City. If correspondence is received from the City Attorney's Office, this also is a matter of public record. Ex -p ante Communication is communication from members of the public or from a developer or applicant. In general, you don't want to talk to anyone in private. If you get caught or there is really some good reason why you need to talk to someone, there is a procedure, whereby, at the meeting you need to report the date and time, who you talked to and what was said. This obviously raises a red flag to anybody to appeal the decision and say that there was prejudicial coication. Its something that should be avoided. Meetings have to be open and public meetings. Any c ation where two or more members are gathered is considered a meeting. It's a violation of the sunshine law for you to even talk to each other. Any communication between two members of the same board on any matter which may even for- seeably come before that board must take place at a public meeting. In fact, even whispering among yourselves during the meeting can be a violation. Regarding reasonable notice, you don't have to have an item on the agenda to bring it up except for the required statutory notices. The notice just has to say that you're having a meeting. Every single item does not have to be listed. Minutes always have to be taken. If you are found to have violated the law, you have to knowingly violate it and you're gudty of a second degree misdemeanor and there is a civil penalty. If there is a violation, you can cure it ifyou bring it up at a public meeting. There has to be a discussion with all the evidence being presented. Behavior - a disruptive person can be removed from a meeting. You can regulate the time that people speak. when the applicant speaks you nust be careful, but when it's a member of the public and it starts to get repetitive, depending on the case, a time limit can be set. It would be hard pressed to limit the applicant's time. Ethics - Neither a board member nor his/her spouse can accept gifts over $100. Gifts over $25 has to be reported. You can't sell or lease goods to your own agency. You can't hold employment with a business entity regulated by the public entity that you're involved with. MIN`UTES PLANNING AND ZONING WORKSESSION NOVEMBER 5, 1998 PAGR 7 Quasi judicial proceedings rewire that notice be given, a hearing be held, and that the judgement be based on a showing that was made at the hearing. When a motion is made, the motion needs to reflect what is heard and it needs to shove that what you're basing your motion on is competency of substantial evidence. A decision can be based on citizen input if that input is on factual matters within their personal knowledge. A decision cannot be based on the desires of most of the people in the meeting. The only way a decision can be upheld is if the basis is stated. M[IN l ES PLANNING AND ZONING COYUHISSION MEETING OF NOVEMBER 5 1998 7 :00 PAL CITY COMMIESSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Kevin Hipes Mac McClanahan Bobby VonHerbulis James Valerino Otto Garrett Mike Skat Timothy Hudson Andrew Kutz OTHERS PRESENT: Jay Marder, Director of Engineering and Planning Hiss Cuibson, Land Development Coordinator The meeting was called to order at 7:00 P.M. by the Chairman Valerino. The first item considered was on the Addendum to the Agenda, consideration of the Site Plan for Local Industries, Inc. a proposed 9,000 square foot warehouse facility located at 504 North way in a Rl 1 Zoning District. Steven Miller, 4355 Cloverleaf PL, Casselberry, was present. He stated that there would be 800 square feet of office space with the balance of the facility being used for hand cleaning materials. Mr. Robert moved on approval based on Staffs commaents. Seconded by Mr. McClanahan. All in favor. Motion carried. The first item on the Agenda was to consider a request to Rezone property located at 3860 W. 1'd Street from AG, Agricultural to PD, Planned Development. Kurt Kehoe, representing Pica ne Development Corp., stated that they are currently going through an annexation procedure with the City of Sanford. They are proposing 384 multi- family apartment units. There will be 16 apartment buildings and a club house along with a maintenance structure. The 16 buildings will have 2 bedroom, 3 bedroom, and 4 bedroom apartments. The club house will be approximately 6500 square feet. They are currently planning a fitness center, racquet bail court, and full apartment amenities project. Mr. VonHerbulis questioned the parking space size. Mr. Kehoe stated that they had originally requested that a rn inmm of 20% of the spaces be allowed as compact. spaces at a smaller dimension. Once the site was laid out, the architect said that it would decrease the green space and if the parking spaces were 9'xl8' with a 2' overhang, it would make things work a lot better. Mr. VonHerbulis stated that his problem is not only that it is being requested to reduce the compact car to a 9'x18' or 9'x20' down to an 8'x18, but that they are also requesting to reduce the drive isle from 24' to 22'. The parking, the drive isle and every thing that has to do with parking and paving is being drastically reduced. Mr. Hudson questioned the retention ponds. Mr. Kehoe stated that the retention areas shown are much larger than what is required for stvrmwater management. He stated that the site plan as laid out will have at least 2 parking spaces per unit. Currently, the amount of pavement that is shown is ut' , . g the 9'x18' parking spaces with a 2' overhang. Mr. Marder stated that he would like to add one recommended condition that was brought up at Staff review and that would be No. 6 to the recommendations: To the maximum eNtent MINUTES PIjkNNING AND ZONING COMV GSSION MEETING OF NOVEMBER 5 1995 PAG ± . I practicable, provide a 20' wide landscape buffer on State Road 46 in order to preserve existing trees and enhance gateway appearance of the roadway. Mr. Kehoe stated that they have taken this directive and have accommodated this 20' buffer in the site plan design that is currently being revised. The 15' right -of -way in the rear for Narcissus Drive has been agreed upon. Dick Barnett, 2070 Grandview Avenue, asked the proposed rent range. Mr. Kehoe stated between $550 and $750, with no government subsidizing. Mr. Barnett stated that the property to the east has a drainage problem and asked what would the drainage be like after this project is built. Mr. VonHerbulis stated that the project owners are responsible and required to obtain and contain all of the water and all of the impervious areas of their property. Mr. Kehoe noted that they will have a perimeter fence around the entire parcel. Mr. Skat moved to approve based on Stafrs recommendations with the contingency that 50/0 of the parking spaces be 9'xl8' and the other 50% be 10'x18'. Seconded by Mr. VonHerbulis. Mr. Katz in opposition. All others in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Small Scale Comprehensive Plan Amendment for a portion of property located at 4249 Orlando Drive, amending the future land use map from Office (Seminole County) to HDR, High Density Residential Scott Torre, Nice President of Paradise Development Group, 2901 Rigsby Lane, Safety Harbor, FL, was present. He stated that there is a proposed development which will consist of commercial development fronting 17 -92 and behind it to the east will be multi- fama7y residential. The rear portion, the easterly portion of the property, which consists of approximately 7.5 acres is what is being proposed. The high density residential and multi - family are 20 waits per acre, a total of 150 three-story apartments. All parking spaces will be 10'x20'. Edna Swigonsld was present and in opposition. She stated that she lives on 427, directly across from the proposed property. She stated that they didn't mention that this will extend to County Home Road. The traffic is horrible now and what will it be like when this is built. She stated that they would like to preserve the beautiful trees. There are three 7 -11s within a radius of two miles. We don't need another convenience store. She stated that she wishes the builder would build somewhere else rather than destroying this area. Mr. Skat moved on Staff's recommendations. Seconded by W. Hipes. All in favor. Motion carried. Next on the Agenda was a Public Hearing to consider a request to Rezone a portion of property located at 4249 Orlando Drive from AG, Agricultural to MR-3. Multiple Family Dwelling Residential Zoning District. Scott Torre, 2901 Rigsby Lane, Safety Harbor, Fl., also represented this request. Ms. Swigonski requested that her opposition be noted for this item also. Mr. Hypes moved to approve based on Stafrs recommendations. Seconded by Mr. VonHerbulis. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 218 W 12' Street in a SR -1, Single Family Dwehing Residential Zoning district for the purpose of a duplex. Rick Holbrook, Attorney, 101 W. 1' St., Ste. C, Sanford, stated that he is representing Mr. M[INUTES PLANNING AND ZONING COATNIISSION MEETING OF NOVEMBER 5, 1998 PAGE 3 Nobles, the applicant. He stated that the Building Official does not realize that they are not asking for a change in the use of this property. They area asldng for a permit to repair this property. The property in question is a duplex, and has been a duplex for the last 30 years. There are some sort of question as to whether this property has been abandoned for any period of time and as a matter of fact it has not. Mr. Holbrook read into the record a letter from Mary Lynn Wilson who lives at 1200 Oak Avenue. He read into the record also a letter from Terry Scott, 217 W. 12" Street. Both letters stated that the property had not been abandoned. Mr. Holbrook stated that there was a fire and the property was damaged. He stated that he has a certified building contractor here, Mr. Danny Lee, that will tell the Commission that the property has not been damaged and neglected 50% beyond its value. Mr. Lee will tell the Commission that he will be pulling the permits for the repair of the property and the architectural and engineering diagrams will be drawn as the property is repaired and brought back to its original condition in keeping with the historic character of the neighborhood. Mr. Marder stated that the City Commission felt that there was not information on record to provide the conclusion that this would essentially require the owner to come back and request this again. To request the two fly dwelling again. The non - conforming land use provisions provide that if over 50% is destroyed, or ifthe property is not utilized for over b months, that it basically loses its use if its non - conforming, which it is. Therefore, the information that the Commission has, provided in the package, was compiled and placed in this record by the City's Community Development Department, which includes the Code Enforcement Division. Charles Rowe, Community Development Director, and Dan Florian, Acting Building Official and Code Enforcement dicer, are present to answer any questions. Mr. Holbrook stated that the property in question is in the Historic District and has been a duplex for the last 30 years. It was a duplex before the I3istoric Preservation Board was created. Mr. Crews is incarcerated and unavailable. Mr. Hudson stated that to him it sounds like an eyesore and a crack house. He asked how would it be insured that 8 individuals would not be living in this facility. Mr. Holbrook asked if it made sense from an economic consideration of the property owner to own a crack house, and stated no it doesn't. He asked if it made economic sense to restore it back to the duplex point of view, and stated yes it does. He asked if it made economic sense to have it as a single family dwelling, and stated no it doesn't. Mr. Holbrook stated that the house will be restored to a duplex and the garage will remain a garage. The garage has no living space. The house is approximately 1500 square feet, each living unit will be 750 square feet each, approximately. Mr. Holbrook stated that the insurance company determined that the structure was worth $40 The insurance company paid $33,000 on the claim. Of that, approximately $15 to $18 was for personal property. The insurance company paid approximately $10,000 for the repair of structural damage. $10,000 is not 50% of $40 $10,000 is 25% of $40,000. And $10 is less that 50% of the $22 or $23,000 tax assessed. Mr. Holbrook stated that the reason there is a dispute is because the building is a non- conforming property that was there before the original historic zoning went into effect. Mr. Marder stated that the City Commission, in remanding this back to the Planning and Zoning Commission, wanted to have this information on record so that it is clear that these conditions have been met and that it was appropriate for this question to come to the Planning and Zoning Commission as a conditional use, then the Commission would have the opportunity to review this as a conditional use. In essence, the Commission is being asked to make some judgement and PLANNING AND ZONING CONMSSION MEETING OF NOVEMBER 5, 1998 PAGE 4 make a decision. The applicant has the right as a single family dowelling Charles Rowe, Director of Co Development, stated that his memorandum of August 18, 1998 shows quite a bit of information. He stated that the LDR, Appendix A, Schedule L. Section 1.1 states that if damaged more than 500 of the appraised fair market value, it shall not be restored except in conformance with this schedule. Regarding Uses, the use shall not, if discontinued for a period of d months, be established or reestablished on those premises. Mr. Rowe stated that the complaints that the City investigated back in August of 1993 were: too many people living in the house, lack of maintenance to the structure, accumulation of junk, debris, etc. upon the property, and erecting a privacy fence without a building permit. Code Enforcement went back to the property to reinvestigate and found that the property had been burned. A letter went out to Mr. Nobles where the Fire Department informed the Code Enforcement Officer that there were 8 people residing on the property at the time of the fire and that there were 6 different units inside the structure. The letter goes on to say that the electrical wiring was the cause of the fire and because it is a rental property, a licensed contractor must obtain the proper permits to do the repairs. The letter goes on to ask that the property be boarded up to deter transient activity upon the property. Mr. Rowe stated that items from the Seminole County Tax Assessors Office were provided showing that Mr. Nobles says his home burned August 22, 1993 and it is not livable. The insurance papers indicate a $33,000 payoff and recommends a 25% architectural modification until home is rebuilt, the owner is satisfied. Mr. Rowe stated that the City's utility records show that there was no active water service between February of 1 997 to May of 1997. Mr. Rowe stated that because of extensive property damage caused by the lack of maintenance and fire, as verified by my inspection and by the City's Building Official, Fire Personnel and statements made to the Seminole County Tax Appraisers Office, he concludes that more than 50% of the structure must be restored in order for the structure to meet code, as well as a variance for setbacks, fence permit, and removal of all junk in rear yard. Because of the City of Sanford's Utility Records show no water or garbage service between February 1996 and May 1997, he concludes that the premises were vacant for more than 5 months. Mr. Rowe continued, stating that because Mr. Nobles executed an application for water service where he noted the description of the property as a single family residence, he concludes that Mr. Nobles ]meow that the property should be classified as a single family residence. Mr. Rowe further concluded that in light of the above, he recommends that the determination of the Planning and Zoning Commission be upheld and that this property's designation as a lawfully existing non - conform" use be revoked, and the structure be classified as a single funily residence, and only be allowed to be restored, Ypossible, to meet all City codes. In addition, Mr. Rowe stated, that this property was condemned on April 13, 1998. Dan Florian., Acting Building OfficK stated that the inspection was a result of complaints from a person who was at the residence and that the inspection discovered unrepaired fire damage and also discovered extensive alterations done to the electrical system, that being the same electrical system that the Fire Department identified as the cause of the fire. This work was done without permits and would also be subject to condemnation. He stated that once a property is condemned all aspects of the property have to be brought up to code. NIT. Florian stated that he has worked for the City of Sanford for 13 years and prior to that he has worked for other municipalities. He is certified by the State of Florida as a Building Official and he carries certification as an inspector. He belongs to the Florida Association of Code Enforcement. He is certified through the Standard Building Code, SPCCI as a Building Inspector and other trade related certifications, i.e. electrical, plumbing, mechanical, building plans . examming, etc. Mr. Florian stated that the City partakes in the Seminole Countywide Citation IINUTE' S PLANNING AND ZONING CONiIVIISSION MEETING OF NOVEMBER 5, 1998 PAGE 5 Program where certain individuals are trained and are able to issue citations for various infractions of City Codes through building, zoning, and licensing based on Florida State Statutes. Mr. Florian stated that based on his experience and the preponderance of evidence, that there was in this case, not really related to one single item but an accun 1ation of different items involved in this case as far as electrical, building, the fire damage, the zoning and different interpretations he had used to come to this conclusion. As the Code Enforcement Officer he handled the investigation of the site situation and verified these things with the Land Development Codes. Mr. Florian stated that it is unlawful for residents to use an on -site well because it would cause a cross contamination where raw water is being introduced into the domestic water line of the house, and it could also, under adverse conditions, get back into the City water supply. The City codes do not allow property that has City water available to operate with a well. Tom Williamson, 1148 S. Myrtle Avenue, was present and spoke in opposition. He stated that he has lived around the corner from this property since 1989. He stated that there has been furniture in the front yard, cars in the front, and it has been a constant eyesore in the neighborhood. Drugs have been dealt in this house. Within the last year and a half; people have been lining up at the side window. It is condemned but there are lights on in that house. Neighbors witnesses someone exiting the house about 5:30 every morning. Up until approximately two weeks ago, the grass has been allowed to groin about a foot and a half George Milan 1112 S. Myrtle, spoke in opposition. He stated that five or six years ago, at the intersection of 12' and Myrtle, there were four distinct properties. Each had tenants, and all were owner /occupied. At that time, this was an excellent neighborhood. Over the last 5 or 5 years, two landlords died, and one was lost due to divorce. We now have three units and no owner/occupied landlords. The intersection is worse because the people who own the property don't live there. Somehow, Sanford should look into the fact that we have so many rental properties which at one time were a neighborhood or family situation which are now becoming big business, perhaps. This particular property, when it was owned by Ms. Henson, was a very pretty house. Over the last 5 or 5 years it has depreciated. Sam Nobles stated that Eddie Crews was the owner and that he is now the owner. He stated that Mr. Crews is in jail for buying a bobcat and paying for it with a bad check. He stated that there has been no drug use at this house that he ]mows of. He has watched this and will not tolerate this. Danny Lee with James E. Lee, Inc., general contractors, stated that he is a certified binding contractor in the State of Florida. He last went through this property in June. He stated that the fire damage was mainly in the attic space where the roof and the decking were charred. A lot of the shingles were fined. Some ofthe wiring was replaced. Mr. Lee stated that he based his estimate on the damage that was done and to bring it back up to a living facility. He stated that he noticed that there were two kitchens and a bath for each side of the duplex. There was a half bath in the garage. His one concern was going back to code. Mr. Lee stated that his bid to bring the facility back up to duplex quality was $10,540. The east side had smoke damage. The damage was confined to the ceiling area of the west side of the duplex. Mr. Lee asked why would it take 5 years to condemn this property. He stated that if one whole side is not burned to the ground its not 50%. They are willing to pun the permit and work with Mr. Nobles for all the people in the neighborhood. Mr. Lee stated that the existing structure does not have tenant separation between the two living areas. His bid of $10,500 covers bringing the structure back to the way it was. M.T. McClanahan moved to deny the request based on 1 ) the property was not utilized as a duplex for more than 6 months; 2) theres no evidence that the unit is on City sewerage and there is no NUNLJTES PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 5, 1998 PAGE 6 evidence that the City was paid for sewerage services or trash services during that period oftime which would indicate that it was not ufiiized; and 3) that the fire damage exceeds 50% based on Staffs evaluation and the fact that the fire insurance normally offers 50% coverage on flimishings. Therefore the $3 3,000 claim would indicate $22,040 for property damage and $11,000 personal belongings, that is not a fact, it is an observation. The fact is that the County Appraiser set the new appraisal at 25% of the original value on 9194 which lists the owner as James Crews and the hiftiator of this as Harold Nobles. It lists the original. value on the County records at $22,2 10 d it shows a collective value of $5680 which is j ust a little firaction over 25 which wo uld show a 75 or 74% ± depreciation. The fact that this happened four years and two months ago, almost, and Mr. Crews nor Mr. Nobles did not contest this reduced evah�ation, anyone would think that in a four year period of time that they must have accepted the fact that this was the value because they did not go down to the County Appraiser and try to get him to increase the evaluation. Based on those items, Mr. McClanahan restated his motion to deny. Seconded by Mr. Foes. All in favor. Motion carried. The next item on the Agenda was to consider a request for a Conditional Use for a proposed Sanford Ale House restaurant located at 50 Towne Center Circle in a PR, Planned Development Zoning District for the sale of alcoholic beverages for consumption on premises (AB -COP). Thom Patterson, 1864 Meadow Gold Lane, Winter Park, stated that they have an alcohol ratio of 70 food and 30% alcohol. He stated that they have been in business for 10 years an would like to build a really nice restaurant. There was no one else present to speak in favor of or in opposition to the request. Mr, Hudson moved on approval. Seconded by Mr. Kutz. All in favor. Motion carried. Neat on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 3111 Orlando Drive in a GC -2, General Commercial Zoning District for the sale of beer and wine for consumption on premises (B -COP). Daniel Sobolewsid, 3111 Orlando Drive, stated that they are the largest bfiliard hall in Seminole County and just recently became apart of the Billiard Congress of America which will be going to the Olympics this year. He stated that he is up and running but they are not selling any alcoholic beverages or food at this time. They are worldng closely with Angelina's which is ne)d door. Mr. Skat moved to approve. Seconded by Mr. Kutz. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for a proposed Burger King restaurant located at 241 French Avenue in a SC-3, Special Commercial. Zoning District for the purpose of a drive -in restaurant. Gary Hardman, Construction Manager for Burger King Corp., 1 Bevel Road, Daytona, stated that their plan i5 to construct and operate a world class hamburger, fast food restaurant. They would like to harmonize not only with the Historic District but vastly improve the site and be able to manage it where everyone would be comfortable and proud. Fred Rogers, 305 S. Park Avenue, was present. He stated that he sat on a subcommittee of the Historic Preservation Board that has helped design the project. He also has concerns for the people who live on Laurel in regards to the noise factor, the light and the garbage. He stated that he supports the request_ Barbara Jackson, 112 S. Holly, stated that she lives behind McDonalds. What they have experienced in the neighborhood are very detrimental effects. There was a tremendous increase in MENUTES PLANNING AND ZONING CON[ MISSION MEETING OF NOVEMBER 5, 1998 FA [''TF 7 traffic. Al of the neighbors are complaining about the trash. There is noise from early morning to late at night. She stated that most of the properties on Laurel Avenue have been upgraded and it is a very nice street. She read into the record portion of letters from neighbors that are in opposition to the request. Mr. Hardman stated that the proposed fence, between the alley and the site, will be of brick pillars, every 8 to 18 feet white picket. Jasmine will also be planted along the fence line. One objective is to insure that they work with the neighbors and keep not only this facility clean but their neighbors as well. Mr. Kutz moved for approval based on Staff s recommendations. Seconded by Mr. Hudson. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 318 French Avenue in a GC-2, General Commercial Zoning District for the purpose of U -Haul rentals. Dean Ray, 318 French Avenue, stated that he would like to have IJ Haul rentals at this location. His lot is approximately 40'x100' and has 10 parking spaces. He stated that he has had the rental business at the lot for 30 days and there is enough room to make the business sufficient. Mr. Ray stated that what is done is that reservations are made a month in advance. The equipment is picked up at a main center and brought to his lot for the customer to pick up. He stated that he disagrees with Staff's recommendation that there is not enough room on his lot. Mr. Ray stated that he has 5 to 8 customers per day for his appliance business. Mr. Ray stated that he would like to use two parking spaces for trailers, and three for trucks. There are three different size trucks. Mr. VonHerbulis stated that he would be in favor of tabling this item to allow the applicant time to provide an engineered scaled drawing that tweets the Staff s criteria. Mr. Ray stated that he could not afford to dig up asphalt and put in landscaping. Mr. VonHerbulis moved to table until the owner or representative has time to meet with Staff to come up with a scaled drawing to show exactly what they can get on the property and meet the Land Development Codes to the best of their ability with StaTs recommendations. Seconded by Mr. Garrett. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Dimensional Variance for property located at 309 Park Avenue in a SC -3, Special Commercial Zoning District for the purpose of reduction in parking space requirements: 9 spaces required, 3 spaces proposed, a variance of 6 spaces. Valeri Davis, 1575 Osceola Road, Geneva, was present. She stated that she has been in business for 8 years and previous to that she was at 1' Street and 6. She has been loo kiag for a location in the historic district. Ms. Davis stated that she has maxed her earning potential and xs looking for a larger location in a different atmosphere. She will be using about 5,000 square feet. She averages 12 customers per day. There will be four employees. One parking space will be in front with two off the alley. The rest would have to be on the street. Mr. C bson introduced a letter from the Reverend of the Holy Cross Episcopal Church. The letter isn't necessarily in favor of or against the request but there are a few concerns. Fred Rogers, 305 S. Park Avenue, stated that the units behind this house are two apartments and there is parking back there. He stated that he is afraid that her clients will utilize his parking area AlEq TTES PLANNING AND ZONING CON [MISSION MEETING OF NOVEMBER 5, 1998 PAGE 8 at the corner of 3' and Park. Paring is tight on this street. He asked h ow could she accommodate her employees and clients with no available spaces. Mr. Rogers feels that this request is inadequate. Gorge Wells, representing First Presbyterian Church, stated that they occupy the major part of the block between Park and 3'd,, 46 and Oak. He stated that they are concerned that they will see parking problems in the near future. Ms. Davis stated that the ordinal idea with John, the owner, is that she doesn't want anything with a lot of traffic. She wants to be able to entertain clients in a nice fashion. She doesn't want a lot of activity. She would like to see if she can get John to agree with the fire wall and take a portion of that just for herse if this is a possibly for less parking spaces for only one staff member. Mr. McClanahan stated that if this is tabled, it would give the lady an opportunity to get with the landlord and meet with Staff and to find out what extent is involved in bringing this up to code. If part is used for commercial, it would have to be wired to code. M r. Skat moved to table to give the applicant time to talk to the property owner. Seconded by Mr. McClanahan. All in favor. Motion carried. Mr. VonHerbulis moved to approve the Minutes of October 1, 1998 and October 15, 1998. Seconded by Mr. Robert. All in favor. Motion carried. There being no further business, the meeting adjourned at 11 :40 P. 1� V," J es R. Valerino , Chairman