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HomeMy WebLinkAbout01.21.93FROM THE LAID DEVELOPMENT January 14, 1993 SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning C rmnission, Thursday, January 21,, . 1 9 ., at 7:00 P.M. in the City Cammission Chambers,, City Hall, Sanford,, Florid AGENDA 1. Hold a Public Hearing to consider a request for a Conditional Use for property located at 655 Fulton Street in a C -, General Commercial Zoning District for the purpose of automotive dealer sales. Owner /representative: Jim Dunn Hold a Public Hearing to consider a request for a Conditional use for property located at 202 First Street in a S -, Special Commercial Zoning District for the purpose of alcoholic beverage sales, Class 5, beer and wine with food consumption on premises. Owner: Arif Al -Halo Representative: David Fraley and Jae Provost Mold a Public Hearing to consider a request for a Conditional Use for property located at 1017 Persimmon Avenue in a MR-3, Multiple Family Residential Zoning District for the purpose of an accessory residential structure. Owners /representatives: James B. & Phyllis D. Richardson 4. Fold a Public Hearing to consider a request for a Conditional use for property located at 1301 Celery Avenue in a RC-1. Restricted Commercial Zoning District for the purpose of alcoholic beverage sales, Class 1. Owner /representative: Alfred Pennington 5. Consider the Final Engineering /Improvement Plans and Final Plat for Indian Trace Phase I. located at 2215 Oregon Avenue in a PD, Planned Development Zoning District. Owner: Larry R. Taclett, Trustee Representative: Keith Zayac 69 Any other business from floor or Commission Members. 7* Reports from Staff.. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he/she may need a verbatim record of the proceedings including the testimony and evidence, which 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. TO: Planning and Zoning Commission FROM TEE. LAID DEVELOPMENT COORDINATOR January 19, 1993 SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Cammission, Thursday, January 21, 1993, at 7:00 F.M. in the city Commission Chambers, City Hall, Sanford,, Florida 110 Consider the Final Plat for Monroe Meadows, located on the westerly side of Samford Avenue between Cornwall Road and Silver Lake Drive in a MR -1 and MR-2, Multiple Family Zoning District. Owner: Suda, Inc. Representative: Charlie Madden, Engineer ADVICE To THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing,, he/she may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford. FS 286.0105) Persons with disabilities ilitie 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. TO: Planning and Zoning Commission MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 21, 1993 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: Cynthia Holt- Miller Tom Speer Ben Dyal Leon Brooks Joe Dennison MMMERS ABSENT: John Leroy Helen Stairs Mike Davis Cathryn Welch OTHERS PRESENT: Jay harder, Director of Planning and Development Russ Gibson, Planning Technician Marion Anderson, Recording Secretary The Chairman called the meeting to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 655 Fulton Street in a GC -2, General Commercial Zoning District for the purpose of automotive dealer sales. Owner /representative: Jim Dunn. Jim Dunn, 201 N. Maple Avenue, stated that he had read Staff's recommendations and questioned No. 2, stating that he fails to see the significance of this recommendation. Mr. Dunn stated that the placard was not posted on a door, but rather it was posted on the wall where the public could see it. Mr. Marder stated that it appeared to be a number of other business in this two story building, and that this request appears to be for one office in that building. Mr. Dunn stated that it was posted on the wall. Mr. Dyal asked how many other businesses are located at this address. Mr. Dunn said 12. He stated that he would like to sell automobiles and that he is not interested in putting in a sign, just a small exclusive dealership which has been looked at by DMV and approved by them. Mr. Dunn stated that Staff's recommendations included limited parking spaces and that the building is zoned for office and retail. He stated that this area does not have limited parking spaces but ample parking spaces. Mr. Dunn passed around pictures that he had taken and made notes on them. He stated that at any given time there is 10 to 12 empty parking spaces in this lot. Mr. Dennison asked if Mr. Dunn wanted exclusive sales and if he plans to display automobiles. Mr. Dunn stated that he did want exclusive sales and that he planned on displaying no more than a couple of cars. He explained that within 100' of his property there is exactly three auto dealerships. He stated that his building is an office and retail complex. Mr. Dunn stated that he has more parking spaces, after the amount of parking spaces for office and retail were reduced, than is required. The office for the automobile dealership will be on bottom floor. Mr. Speer asked how many parking spaces are allotted for a tenant. Mr. Dunn stated that there are three in front of his units. Mr. Speer asked how many employees will there be. Mr. Dunn stated that he won't have a salesman, per se, but that there would be one person per day, with the display of two cars. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 21, 1993 PAGE 2 Mr. Dunn stated that there are 15 offices in this complex with 12 businesses. There are also 7 inside parking garages with parking in the rear of building as well. This will be basically like Finding cars for people. Mr. Marder explained that the Commission could limit the number of cars to be located on site. Mr. Speer asked why would the Commission want to limit the number of cars to be displayed and stated that this is Mr. Dunn's land. Mr. Dunn explained that when the zoning changed, it gave him more parking than what was required. Previously, he had 32 or 34 parking spaces and he now has 36. Mr. Speer move to approve to establish an auto dealer sales at the southeast corner of Fulton and N. Maple Avenue, with the expressed condition that there will be no more than 3 automobiles on display at any one time. Seconded by Ms. Holt- biller. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 202 First Street in a SC -3, Special Commercial Zoning District for the purpose of alcoholic beverage sales, Class 5, beer and wine with food consumption on premises. owner: Arif Al- Hakim; representative: David Fraley and Joe Provost. Ron Cole, 637 Sabal Palm Circle, Altamonte Springs was present for representation. Mr. Marder explained that Class 5 permits beer and wine with food consumption on premises only. A person cannot leave the site with it and there are no cocktails. Mr. Cole stated that the Fraternal order of Eagles is a private organization and that this establishment will be for members only. He explained that the Eagles have been in the Sanford area since about 1985. other Fraternal order of Eagles clubs are located in Kissimmee and Orlando. He stated that the organization has been active in improvements with their current direction being in communities in the prevention of child abuse. Also, Mr. Cole stated that the Eagles raise money for Father Flanagan's Boys Ranch. Mr. Cole stated that the most usage of this site would be in the evenings, Mr. David Fraley, 700 Airport Blvd., secretary for the Eagles, stated that with this being a private club, the members try to do as much as they can to help the public. The establishment is not open to the general public but for members only. Backgrounds are checked before someone can become a member. He explained that in the Sanford area, there are 172 male members and approximately 64 or 65 lady auxiliary members. Mr. Dyal asked if the club would be open at all times. Mr. Fraley stated that the Eagles meet the first and third Mondays of each month. The establishment will open at noon and close at 12:00. The general ages of the members are from 33 to 65. Mr. Speer asked if the Fraternal order of Eagles is similar to the Elks club. Mr. Fraley stated that they will serve lunch. Mr. Speer replied that they can't sell beer if there is no food and asked what happens when there is not much food being consumed when lunch time is over. Mr. Fraley stated that it is open only to members. Mr. Dyal asked if this many members would be on First Street. Mr. Fraley stated that the members may come and they may not. Mr. Speer asked if restaurant equipment would have to be put in that will meet codes. Mr. Fraley stated "yes ". He stated that he anticipates 35 to 40 members per day per lunch with evening meals being served on the weekends. Mr. Fraley introduced some of the MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 21, 1993 PAGE 3 Eagles members that were in the audience, i.e., Art Davis, Gene LeVille, James Soothe the Vice President, Pete Hensley, and Claude Christian. Don Knight, 202 and 204 E. 1st Street, was present and in opposition to the request. He stated that his concern was for Lois' Place which is next to this property. He stated that he is opposed to it because of her shop being right next door. Smoke from a kitchen can ruin fine clothing. His objection is mainly because of having a kitchen next door to the fire ladies shop. Mr. Knight stated that he had heard that insurance premiums would go up if a restaurant is ever located in the vicinity. He stated that there was a fire behind Bigger and Better Fashions, that destroyed a lot of his inventory. This building adjoins Mr. Knight's building. He, personally, has not been told by the insurance companies that his insurance would go up but he is sure that it would. Mr. Knight stated that he would like to keep businesses of a like nature in the area because they are trying to rebuild the downtown area. Mr. Dyal asked if there is anything to stop a restaurant from doing in there. Mr. Marder stated "no ". Lois Dycus, 204 E. 1st Street, stated that the fire 10 gears ago took everything she had. She stated that she was told that if there is ever a restaurant next door she would not get insurance. The smell from cooking would ruin everything she has. Also, Ms. Dycus stated that there is not enough parking downtown. She has to rent spaces in the Paulucci Building behind her business to park. Ms. Dycus stated that Sanford does not need a fraternal organization downtown. There are offices upstairs and some people work upstairs at night. Ms. Dycus stated that there are no problems with the Soup to Nuts restaurant because it is located on a corner which sets out and is not in a block like this will be. The owner of the bridal shop, 205E E. 1st Street, stated that she is opposed because of the alcohol. In establishments that serve alcoholic beverages in the downtown area now, the hours are limited and that the parking spaces are limited downtown. If there is a club like this, most parking spaces would be taken up. Downtown is tough enough as it is without taking parking spaces away from their customers. Jerry Cooney, owner of Bigger and Better Fashions, 212 E. 1st Street, stated that he objects because there are all retail establishments downtown, opened from 9:30 to 5:30. He stated that this request is ludicrous. Art Davis, 225 Lake Markham Road, stated that the Eagles did not come from Highway 441, but came from Bearcall Avenue. He stated that the Eagles haven't paid a surcharge tax since July of 92 and is being sued for borrowing money which they did not pay back. Mr. Davis stated that it is a drunk club. The members haven't done anything. The Eagles have not had food where they were because they did not have a license. Mr. Davis stated that the Eagles had grilled steaks outside on Friday nights to serve. An awfully lot of things need to be done to get the restaurant in order. He stated that he was introduced as a member but that he is no longer a member because he does not want to be associated with what this club is now. The Eagles are headed in the wrong direction. Mr. Davis stated that he thinks this is the wrong place and the wrong time. Mr. Davis added that this private club does not stop serving drinks when someone is drunk. Mr. Davis introduced into the record copies of a summons and a notice from the Division of Alcoholic Beverages and Tobacco (copies attached) that it intends to file administrative charges against the Eagles for violation of failure to report surcharge. Catherine VanDuren stated that she is opposed because of parking and drinking. She stated that she . does not feel that people should bring their children downtown to shop with a bar in the immediate area. MINUTES PLANNING AND ZONING COMMISSION MEETING of JANUARY 21, 1993 PAGF. d Mr. Dyal moved to deny the request based on Materials presented and represented as back taxes and law suits, (Case No 92- 3747 -CC20Q lawsuit and case No. R169 -92- 1935). Seconded by Ms. Holt - Miller. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1017 Persimmon Avenue in a MR -3, Multiple Family Residential Zoning District for the purpose of an accessory residential structure. Owners /representatives: James B. & Phyllis D. Richardson. Phyllis Richardson, 1017 Persimmon Avenue, stated that she would like to have an addition to her existing home, to accommodate incoming guests and relatives. This will be more of a guest house. She stated that she had opted not to build from the ground because of expenses. This will be a prefabricated modular structure which will be used as an addition to her home. The structures (2) will be brought in and placed on a foundation. This will not be a rental unit. Mr. Dyal questioned the potential flooding problems, Mr. harder stated that her land slopes in the back and there is no problem with the possibility of flooding. Mr. Brooks moved for approval based on staff's recommendations and based on providing the same grade as existing the existing home to avoid potential flooding. Seconded by Dyal. All in favor. Motion carried. The next item was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1301 Celery Avenue in a RC -1, Restricted Commercial Zoning District for the purpose of alcoholic beverage sales, class 1. Owner /representative: Alfred Pennington. Alfred Pennington, 132 Glen Dale Drive, Longwood, was present for representation. Mr. Marder explained that class 1 is to purchase beer and wine and take it off site. Mr. Speer asked if this is going to be a packaged liquor store. Mr. Marder stated that this will be for the sale of beer and wine. Mr. Pennington explained that this site is at the corner of celery Avenue and Mellonville Avenue. He feels that he can turn this site into a beautiful site. He plans to have a deli with the sale of beer and wine. This site is the old bike store. Mr. Pennington stated that there are 12 parking spaces on the side of the building and if need be, the lot next door, which he owns, can be converted into a parking area. Mr. Speer asked Mr. Marder that as of the present time, does the applicant have the right to have a convenience store. Mr. Marder stated "no, that the Commission would have to approve the convenience store because it is a nonconforming structure. Mr. Speer stated that the building was built meeting city codes and it went from a bicycle shop to a used furniture store, which did not come before this Commission. Mr. Marder stated that it has been vacant for a certain period of time and it is a nonconforming structure. Mr. Pennington informed the Commission that the building was never vacant. Mr. Pennington stated that he was informed before he bought the building that it could be used for what he wanted to do and had researched it in city Hall. Mr. Marder stated that it is nonconforming because it does not meet the building setbacks. Mr. Speer stated that this reason is no good because there is a lot of places that don't meet the 25' setbacks. Mr. Speer stated that the building has been used continuously and thought may be it had been grandf athered in. It was unanimously decided that Mr. Pennington could open a convenience store without a conditional use because the building has not been vacant but that a conditional use would be required MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 21, 1993 PAGE 5 for the sale of beer and wine. Pat Mitchell, 1309 Mellonville Avenue, was present and in opposition to the request. She stated that she lives directly behind the proposed store. She explained that it looked like a junkyard before and that there are, within three blocks, three other convenience stores. Within these three stores there are always kids selling drugs. The School Hoard is directly in front and Hamilton Elementary is down the block. She stated that there is not a necessity for another convenience store in the area. Ms. Mitchell stated that furthermore, she could not see how the applicant can park 12 cars on this lot. She stated that there is a lot of old retired people which lives in the area and that these type of stores are hard on older people. Joyce Jones, 1319 Douglas Street, stated that she is opposed against the convenience store. She stated that she can guarantee kids will be hanging out at this store. Ms. Jones said that there is a park across the street from one of the convenience stores and that there is no need, for another alcoholic 7 -11 type store. She stated that kids are now walking up and down the streets trying to sell drugs and eventually the kids will be at this store too. Mrs. Jones stated that she has two small kids which she does not want exposed to this type of element. She explained that she has had a breakin last week, and that this is the second one within two years. Bernard Mitchell, 1327 Douglas Street, stated that he is not in favor of another convenience store in this area. This type of environment is not good for the children. The three existing stores are now eyesores. The residents in this area are trying to combat drug usage. People are tired. Mr. Mitchell stated that there is no way in the world the applicant can get 12 cars to park at this lot. Shawna Cohen, 1311 Mellonville, was present and in opposition. She stated that her grandmother works a nightshift and that people are always in the area using the other convenience stores. Ms. Cohen stated that the traffic is very heavy now and with another store it would only add to the problems. Hattie Moseley, 1311 Mellonville, telephoned to have her opposition in opposition because there are selling alcoholic beverages. could not attend the meeting, but entered into the record. She is three other stores in the area Mr. Pennington stated that he sympathizes with the residents in the area and he could understand their concerns because he has kids of his own. He stated that he is against loitering and would not allow this at this location. He stated that the Lil Champ store will be closing in about 6 months. Mr. Pennington stated that he would be willing to put up a site proof fence for the adjacent property owners and he would be willing to eliminate the three palm trees on the corner to make additional parking spaces. Mr. Pennington strongly feels that he can make this area an asset. Mr. Speer asked if the entrance will be on Mellonville and have parking at the front and on the south side of building. Mr. Pennington stated "yes ". He plans to install new windows and add some more bricks. There will be no diagonal parking on the Celery Avenue side. Mr. Pennington' s partner of 1713 Austin Court, Orlando, stated that they want to do as much as possible to serve the community. That they do not want to disrupt anyone lives. He stated that he is aware of all concerns being voiced. Mr. Dyal asked if the convenience store is a problem. Mr. Marder stated that, basically, this request if for the alcoholic beverage sales, not for a convenience store, per se. Mr. Marder stated that MINUTES PLANNING AND ZONING COMMISSION MEETING OF JANUARY 21, 1993 PAGE 6 the applicant could have a convenience store right now without the alcohol. Mr. Dyal moved to approve based on the fact that several convenience stares that sell beer and wine is already in the area, with the condition that the applicant is to patrol loitering and so forth. Seconded by Mr. Speer. In f avor of the motion was Mr. Dyal and Mr. Speer. Opposed to the motion was Ms. malt - Miller, Mr. Brooks, and Mr Dennison. Request denied based on the fact that it does not meet the current city setback codes. The next item was the consideration of the Final Engineering/ Improvement�Plans and Final Plat for Indian Trace Phase I, located at 2215 Oregon Avenue in a PD, Planned Development Zoning District. Owner: Larry R. Tackett, �'rustee; representative: Keith Zayac. Bob Lochrane of Lochrane Engineering, 201 S. Bumby Avenue, Orlando, stated that all items have been addressed. Mr. Speer moved on approval as presented based on Staff's recommendations. Seconded by Ms. Holt - Miller. All in favor. Motion carried. On the Addendum to the Agenda was the consideration of the Final Plat for Monroe Meadows, located on the westerly side of Sanford Avenue between Cornwall Road and Silver Lake Drive in a MR - and MR -2, Multiple Family Zoning District. Owner: Suda, Inc,{ representative: Charlie Madden, Engineer. Bill Miller, 108 Robin Road, Altamonte Springs, was present for representation. Mr. Speer moved on approval based on staff's recommendations. Seconded by Ms. Halt Miller. All in favor. Motion carried. Mr. Speer asked that staff check on a big plastic sign that says t'we give loans" at the Security National Bank. There being no further business, the meeting adjourned at 8:45. F oe D nnison, Chairman