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HomeMy WebLinkAbout05.04.89MINUTES PLANNING AND ZONING COMMISSION Meeting of May 4, 1989 7:00 P.M. City Ccomission Chambers MEMBERS PRESENT Tom Speer Joe Dennison Brent Carli Jay Malone John Morris Leon Brooks MEMBERS ABSENT Gary Davidson John LeRoy Eddie Keith OTHERS PRESENT Oletta Yates Jay Marder, City Planner Bettie Sonnenberg, Principal Deputy Administrative Official Marion Anderson, Recording Secretary The meeting was called to order at 7:00 P.M. by Chairman Carli. The first item on the agenda was a Public Hearing to consider a request for a Rezone from MR-3 to that of GC -2 for the purpose of a land surveying business, that property located 1819 West 2nd Street and 1810 West 3rd Street. Owner /representatives: Steven & Shirley Swaggerty and Walter King. Mr. Walter King, 1810 West 3rd Street, stated that they are requesting that the eastern half of the block he owns be rezoned to GC -2 to generate some activity. The western half is now GC -2. He also owns 1810 W. 3rd Street and Mr. Swaggerty owns 1819 W. 2nd St. Mrs. Sonnenberg stated that Mr. King owns a complete block between 2nd and 3rd street. Only the eastern half of this block needs to be rezoned. There was no one else present to speak in favor of or against the requested rezoning. Mr. Malone moved on approval. Seconded by Mr. Morris. Mr. Morris stated that the request for rezoning goes along with the Comprehensive Plan for this area. All in favor. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a Conditional Use for the purpose of the sale of fruits, vegetables and a nursery, that property located at the intersection of Country Club Road and West 25th Street in an AG zone. Owners: P. Zeuli & Sons Investment, Inc. and Jean Fleichmann; representative: Keith Abney. MINUTES Planning and Zoning Commission Meeting of May 4, 1989 Page 2 Mr. Bill Morrison, attorney for Jeanie Fleichman who is the coowner of this property, stated that she did not make the request and that the Mr. Zeuli should present this himself . Mr. Morris moved to table. Mr. Dennison seconded. Chairman Carli stated that he did not feel, for lack of representation, tabling was in the best interest. Mr. Morris and Mr. Dennison withdrew the motion and second. In opposition to the proposed Conditional Use was Mr. Bob Thorne, 108 West Crystal Drive. He stated that he is president of the Loch Arbor Homeowners Association repre- senting 264 hones that are immediately adjacent to the property requesting the Conditional Use. Mr. Thorne stated that this is a horrible traffic hazard area. The proposal is in the heart of Loch Arbor and Idyllwilde. There is a convenience store and a nursery in the area and this use is not needed in the area. Dr. Jim Edgemon, 103 Loch Arbor Court, stated that he lives across the street from the property requesting the Conditional Use. He is opposed to the Conditional Use for the same reasons as Mr. Thorne mentioned. Dr. Edgemon requested that Planning and Zoning deny the Conditional Use. Mr. LeRoy Napper, 103 Tangerine Drive, stated that there are enough nurseries in the area, and Winn Dixie has an expanded fruit and vegetable stand. If this is approved, another environmental recharge area would be lost forever. Mr. Chase Lasbury, Bel Aire Groves, Ltd., stated that the Chase Groves PD/DRI will be directly across the street. The primary entranceway will be directly across the street from the proposed Conditional Use. They are apposed to the fruit stand. Mr. Keith Abney, representative for the request, stated that he will purchase the pro- perty for a fruit stand. Mr. Abney stated that he would build whatever the City required. There will be landscaping and he understands that a site plan is needed. Mr. Malone asked if the Commission needed to make a decision on this prior to site plan since Mr. Abney had been very vague as to what he wanted to do. Chairman Carli stated that the Commission must act on a public hearing. Mr. Malone moved on denial based on available information. Mr. Norris seconded. Mr. Malone stated that he understood those that spoke in opposition and agreed with them to a degree. Mr. Malone was also aware that there are conditions and architectural things that could be put in place to make it attractive. Mr. Malone stated that he did not know exactly what the Expressway will do in this area. He wondered if this was the highest and best use for this piece of property, and if in fact they did give a conditional use for fruits and vegetables would it open the door for something other than that. Mr. Malone did not want to open up pandora's box for this particular piece of property. Mr. Malone stated that he did not think the motion was as cut and dry as it appears to be. He felt uncomfortable with the information given to make an absolute decision. Mr. Dennison was opposed to the motion. Motion carried. MINUTES Planning and Zoning Commission Meeting of May 4, 1989 page 3 The next item on the agenda was a Public Hearing to consider a request for a Conditional Use for the purpose of a manufacturing use - non - hazardous -, that property located as 512 SAnford Avenue in a GC -2 zone. owners /representatives: Gregory P. Ganas & Gordon A. Sweeney. Mr. Greg Ganas, 215 Ridge Drive, stated that this would be light manufacturing. This will be a light machine shop that is considered non - hazardous by the Fire Department. Mr. William Taylor stated that there will be very little manufacturing. It will be an automotive machine shop with very little noise. Mr. Ganas stated that parts will be brought in and that there would be no cars parked in the alley. Mr. Ganas stated that he owns the southern half, 33 -feet, of this building. There will be no employees, just the owner. Mr. Bernard Mitchell, 1327 Douglas Street, stated that he is a monber of the Church next door. Mr. Mitchell wanted to know what was meant by non - hazardous, what the traf- fic impact would be, and if there would be any outside storage. Mr. Carli said non- hazardous meant that the materials would not be combustible; there will not be an explosion. Mr. Taylor is looking at a one man operation and the business will be restricted to the inside. Mr. Dennison moved on approval. Seconded by Mr. Speer. Mr. Morris stated that this is a conditional use in a GC -2 zone for a manufacturing use. Planning and Zoning may be setting a precedent. Even though this manufacturing use is non- hazardous, it is still manufacturing. Planning and Zoning needed to separate the uses allowed in the zoning classifications. Mr. Morris stated that he did not feel it would be in the best interest of the community to have a manufacturing use of this type in a GC -2 zone. Mr. Malone stated that he agreed with Mr. Morris. Manufacturing meant the creation of something from something; so, it may be that manufacturing was the wrong use. Mr. Dennison stated that there is an exact same operation going on on First Street and Second Street. Mr. Marder stated that the fact that its a conditional use makes it site specific; so there is not a precedent being set when a conditional use is per- mitted. All in favor of the motion. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a Conditional use for the purpose of a child care center, that property located at 1885 West 18th STreet in a MR-2 zone. Owners /representatives: Robert and Mae Jackson. Mrs. Mae Jackson, 1895 West 18th Street, stated that the child care center would be for children ranging in age from infants to 4 to 5 years of age. She would like to build a 300 to 400 square foot building with the hours of operation from 6:00 a.m. to 6:00 p.m. Mrs. Jackson stated that she plans to work with HRS. MINUTES Planning and Zoning Commission Meeting of May 4, 1989 Page 4 There was no one else present to speak in favor of or against the requested Conditional Use. Chairman Carli read a letter of opposition from Mr. Stan Sandifur basically stating that a child care center will not be conducive to an industrial complex. His company plans to develop their property into an industrial complex. Mr. Morris moved on approval. Seconded by Mr. Brooks. Mr. Malone requested that the motion carry a condition defining children. Mr. Morris amended his notion of approval to individuals less than 16 years of age. All in favor. Motion carried. The next item on the agenda was the consideration of the Site /Engineering Plan for Whelchel & Whelchel, a business and professional office use, located at 2464 Sanford Avenue in a RC -1 zone. Owner: Whelchel & Whelchel; representative: Robert Howard. Mr. Robert Howard, 602 Indian River Blvd., stated that in the landscaping section, podocarpus was specified for a buffer. There is a great many number of trees on this site with overhead foliage, the porta corpus would not get any sunlight. Mr. Howard requested that he be allowed to put azaleas in instead. Mr. Malone moved on approval with the change fraEn podocarpus to azaleas or something comparable and subject to meeting all stipulations on staff recam endations. Mr. Dennison seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the Site Plan for a detached sign located at 2465 -71 Park Avenue for the Park Avenue Promenade, a retail sales and ser- vice use, in a GC -2 zone. Owner: Steven Hardin; representative: Gina Williams. Mr. Malone moved to table due to lack of representation. Mr. Morris seconded. All in favor. Motion carried. Mr. Greg Ganas presented a site plan from the floor which had been reviewed and approved by Staff with one exception. Mr. Ganas stated that Staff is requesting that a paved parking area be put in the rear. There is absolutely no paving in the rear within the whole block Mr. Ganas stated that they would put in mulch, but no one else has mulch. Mr. Speer moved on approval of the site plan with no paving, no mulch, and no stop bars. Mr. Malone seconded. All in favor. Motion carried. Mr. Marder reported that the pay phones at Fort Mellon Park are in process. Mrs. Sonnenberg reported that rezoning cannot be done over property reserved for the Expressway. Relative to the sign at the Church, the Church had gone before the City Commission on May 9, 1988 to get an increase in size from 24' to 32 square foot sign. This sign has been up almost a year. Mrs. Sonnenberg also reported that Mr. Nace's property does carry a deed restriction that has been recorded stating that if they lose the parking spaces, the business at 311 Park Avenue would have to close as a rooming house. The Ordinance that was passed in March states that all game rooms has to go before City Comnission for approval. The game roan has been out of business for a month to a month and a half, as reported by the Licensing Official. MINUTES Planning and Zoning Commission Meeting of May 4, 1989 Page 5 Mrs. Sonnenberg reported that Mobilite has gotten a variance on their parking so that they can just use the existing parking. We also have received a deed from them for the right-of-way property. A.O.K. was given permission to park on the right- of-way and the only thing they needed to do was to extend the landscaping 20 -feet on 12th Street. Mr. Speer stated that the City, on Thursday a week ago, planted tall oak trees in front of the Post Office. The tree tops were up in the electrical wiring. On Monday the City crews cut the tree top down. Mr. Speer wanted to know if we had purchased the trees by the foot. These are very fast growing water oaks. Mr. Carli requested that someone take a look at the parking on the street at the first road in on Hidden Lake Drive off Airport Blvd. Mr. Speer said that the City has a very wide paved right -of way on the north side of 13th Street. He requested that someone look into making a left hand turn lane for south bound traffic and traffic wanting to go east toward Osteen. Mr. Marder stated that the entire intersection is going to be revamped by the County. Meeting adjourned at 8:30 P.M. Brent Carli, Chairman 1. 2. pl ' P y ptih' !�1 �r � 'i;�;� r�• � FROM THE CITY PLANNER Ap r i 1 Z S, 1 1 9 8 9 TO: City of Sanford Planning and Zoning Commission SUBJECT: Planning Recommendations for Meeting of May 4, 1989 SWAGGERTY - ICING - Request to rezone from MR - 3, Multiple - Family Residential to GC -2, General Commercial for property located between West 2nd and 3rd Streets. 1. Site is Zoned MR -3, Multiple - Family Residential and appears to be vacant on the western half and contain two single family dwellings on the eastern half. The site is bisected by Tamarind Avenue, an unpaved right -of -way running north -to- south. Each side of site is approximately .75 acres. 2. Various single family dwellings are located to south and east of site in an existing MR -3, Multiple Family Dwelling Zone. 3. Truck, automotive and auto -body repair establishments are adjacent to site's north boundary in an existing GC -2, General Commercial Zoning District. 4. Recommend approval of GC -2, General Commercial based on similarity with existing zoning already established in the immediate area and the existing development characteristics of the immediate area at the present time. ZEULI - FLEICHKANN - Request conditional use approval to permit a roadside fruit and vegetable stand for property Zoned AG, Agriculture located at Country Club Road and County Road 46A. 1. site is Zoned AG, Agriculture and is basically vacant at the present time. Majority of site is heavily vegetated. 2. The conditional use approval provision in the AG, Agriculture Zone is a customary provision in agricultural zoning districts throughout the State of Florida in order to permit farmers to sell crops from the land upon which such crops are grown. Another reason for requiring "conditional" approval rather than "permitted by right" is to prevent unplanned retail 1 controls and stipulations possible in the conditional use approval process. Because the site is not presently being utilized for agricultural production, the proposed use deviates from the intent and purpose of conditional use approval for roadside fruit and vegetable sales in an agricultural zoning district such as the AG Zone in the City of Sanford. 3. Site is located at the intersection of West 25th Street /County Road 46A, a heavily traveled arterial roadway and Country Club Road, an also heavily traveled collector roadway. The intersection of the two roadways is approximately a 30 degree intersection which is generally considered to be an undesirable configuration. Ideally, intersections should be as close to 90 degrees as possible for safety purposes. The relatively high traffic generation and number of turning movements anticipated from a roadside fruit and vegetable sales establishment should be discouraged at the intersection in question. 4. Recommend denial of the conditional use request for roadside fruit and vegetable sales based on the fact that the site does not meet the intent and purpose of conditional use permitting for such uses in an AG, Agriculture Zoning District and because additional traffic patterns that would be caused by such uses should be prevented in the immediate area. 3. GANAS- SWEENEY - Request for conditional use approval to permit nonhazar ous manufacturing in a GC -2, General Commercial Zoning District located on the west side of Sanford Avenue between 5th and 6th Streets. 1. Site includes an approximately 33' wide store front in an existing commercial building fronting Sanford Avenue. Various retail goods and services are presently being conducted in the building in which the site is located including used appliance repair and sales. 2. A multiple- family dwelling, a church and other retail commercial uses are located adjacent to site in an existing GC -2 Zone. 3. Recommend approval of conditional use request to permit nonhazardous manufacturing uses provided that such uses are conducted entirely indoors and that there shall be no outdoor storage or display in conjunction with the use. This recommendation is based existing repair activities already established in the building in question and the existing character of the immediate area at the present time. 4. JACKSON - Request conditional use approval to permit a day care aaciT ty on property Zoned MR -2, Multiple Family Residential 2 located on the south side of West 18th Street. 1. Site is Zoned MR -2, Multiple Family Residential and is vacant at the present time. Site includes approximately one acre. 2. Various single family residences and vacant land are located in the vicinity of site in areas Zoned MR -2, Multiple Family Residential and R -1, single Family Residential (unincorporated area). Goldsboro Elementary School is located approximately 500' northeast of site. 3. Recommend approval of conditional use request for a day care facility based on the existing character of the immediate area at the present time. 3