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HomeMy WebLinkAbout02.04.88MINUTES PLANNING AND ZONING MEETING February 4, 1988 7:00 P.M. Members Present: Tom Speer Eddie Keith Gary Davidson Brent Carli John LeRoy John Morris, Chairman Others Present: Nancy Simmons, Herald Commissioner Whitey Eckstein Jay Marder, City Planner Bettie Sonnenberg, Zoning and Arbor Inspector Bill Simmons, Director of Engineering and Planning The meeting was called to order at 7:00 P.M. by Chairman Morris. The first item on the agenda was a Public Hearing to consider a Comprehensive Land Use Plan Amendment for Small Scale Development, property located at 110 Rand Yard Road. There was no one present to speak for or in opposition to the Comprehensive Land Use Plan Amendment. Mr. LeRoy moved to approve and Mr. Speer seconded. Notion carried unanimously. The next item on the agenda for consideration was the site plan for Space Port, U.S.A. Building, located at 2895 Orlando Drive in a GC -2 zone. There was no representation present at the time. A motion to deny the request was made by Mr. Carli, seconded by Mr. LeRoy. Mr. Keith made a motion to table until representation was present. The next item for discussion was for action on the discussion and recommendation of the Residential Care Facility Ordinance as made by the workshop held 1/28/88 by the Planning and Zoning Commission, the City Attorney, the Chairman of the Advisory Committee and a representative of the minority report. Mr. Carli stated that in as much as the City Commission has the authority, the ability and the know how to make any changes to what they are advising them proposedly with this package, he would like to see that P & Z then has, after City Commission's Public Hearing on our reccrmaendation to them on this, it come back to them for a public hearing. If City Commission make changes and it is not what P & Z advised them, it should cone back and have a full blown public hearing so that everyone else will have an equal and fair opportunity to address the changes. The Chairman stated that the City Commission is guided by the Charter and the Statutes of the State of Florida in how they go about passing an ordinance. They are required to have x amount of public hearings, publications and gather public input. The Chairman stated that he could agree with Mr. Carli that the more public input they have the better it is but he MINUTES Planning and Zoning Commission February 4, 1988 Page 2 didn't think it was incumbent upon this Board to go beyond the statutory requirements that the City is governed by. The Chairman entertained a motion to approve. So roved by Mr. Keith. Seconded by Mr. Speer. All in favor. Motion carried. On the addendum to the agenda we had the consideration of a commercial service located at 2510 Orlando Drive in a GC -2 zone. Tabled from January 21st. Owners /representa- tives: Dr. Vaughn and Dr. Murphy. Mr. Davidson made motion to take off the table. Seconded by Mr. Carli. All in favor. Motion carried. Mrs. Sonnenberg stated that staff recommends approval with the proposed building to have a site plan. Dr. J.W. Vaughn, III, DVM, 289 West Lake Mary Boulevard, Lake Mary, stated that when the new building is up, the old building will be sold to a radio repair business. The new building is going up on the property next to it. It is a totally separate building. The entrance will not be widened; the only thing to be done is to pave the parking. The only sign will be on the building. Mr. Carli made motion to approve the site plan. Mr. LeRoy seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the site plan for The Space Port U.S.A. Building, a training center, retail sales, deli and family game room located at 2895 Orlando Drive in a GC -2 zone. Owner: Space Port, U.S.A., Inc.; representative: Mr. Sid Vihlen, Jr. Mr. Davidson made motion to remove from table. Mr. Keith seconded. All in favor. Motion carried. Mr. Sid Vihlen, 570 Vihlen Road, stated that there are four uses requested: training center for the disabled which includes clothing alterations, furniture restoration and repairs; handcraft training for gift items retail sales; deli sales; and a family game center. Mr. Vihlen stated that the Police Department does oppose morally the location of the family game center. Mr. Vihlen stated that they are in compliance with the zoning codes from a legal standpoint. They are only asking that which is permitted under the laws, i.e. zoning district within the City of Sanford. There has been some controversy about the proposal of the family game center and Mr. Vihlen stated that the applicant, Space Port, U.S.A., Inc. which involves Dr. J.W. Hickman and his son James Hickman and himself, are each responsible citizens and long term property owners. If this family game center gives any problems it will be closed down immediately. Chairman Morris questioned the fencing behind the ABC Lounge. Mr. Vihlen stated that the applicant will pay for the 8' sightproof fence as long as it is a chain link fence with appropriate screening that is standard to chain link and the applicant will main- tain it. The Chairman questioned the kitchen door, asking whether it would have traf- fic and if it would be locked. Mr. Vihlen stated that it would be locked at all times. The Chairman stated that the fire laws requires it to be unlocked. Mr. Vihlen stated that if this was a problem that they would individually chain link fence around the door and the pad. MINUTES Planning and Zoning Commission February 4, 1988 Page 3 Mr. Carli stated that 3/4 of the operation would be dependent on the family recreation and game room as far as square footage is concerned. Mr. Vihlen stated that the deli would take up a much larger proportion than is suggested on the plan. 30% of the floor area would be dedicated to the proposed family roan. Mr. Carli stated that in this one building we are looking at training the handicapped, having an eatery, having retail sales of some nature, and having a family recreation and game room open to any and all invidividuals, not just the disabled, all under one roof. Mr. Vihlen stated that this is correct with the handicapped working and training, maintaining, supervising and administering. Mr. Carli stated that we need to have a detailed floor plan especially with the contro- versy surrounding this, the policing problems and the fact that the City Commission has already denied this once before. Mr. Vihlen stated that they do not have a detailed floor plan but have complied with what staff required. He also stated that the game roan will be open from 6:00 P.M. to 10:00 P.M. at which time the balance of the opera- tions would be closed. The training and retail facilities would be open between 8:00 a.m. and 5:00 p.m. and thus there would be no entwinement of the businesses. There are appropriate traffic flow and restroan facilities. Mr. Carli asked Mr. Vihlen if HRS had been contacted, since they are dealing with the handicapped, and HRS is the entity that governs how they are trained and what people are permitted to train them. Mr. Vihlen stated that no, under the proposed use HISS will not be involved. Mr. Marder stated that, from, a worldly standpoint and based on the activities, he didn't think that they have to be under any HRS requirements. Mr. Speer moved that we adopt the site plan as recommend by Staff. Seconded by Mr. Keith. Mr. Carli stated that the City Commission has denied this same request. There is a lot of unanswered questions from how the handicapped will or will not be trained; can't see a footprint on how the handicapped can get to where they want to be; and the very mixed use, Mr. Carli felt that this is what we don't need in this area. Mr. Keith stated that although he seconded the motion, he tends to agree with Mr. Carli as far as the handicaps are concerned. Chairman Morris reminded the Board that we are talking about permitted uses within the existing zone. Mr. LeRoy stated that no matter what the abilities Planning and Zoning have, they have an obligation to safety of the citi- zens; the primary concern is the location of the operation. All in favor of the motion were Mr. Speer, Mr. Keith, and Mr. Morris. Against the motion were Mr. Carli, Mr. Davidson and Mr. LeRoy. Mr. Carli moved on denial. Seconded by Mr. LeRoy. In favor of the motion were Mr. Carli, Mr. Davidson and Mr. LeRoy. Opposed to the motion were Mr. Speer, Mr. Keith and Mr. Morris. Chairman Morris entertained a motion to table the site plan until the Board has a response from Staff as to the involvement of HRS and any other governmental agencies that might be necessary with regards to the han- dicapped workshop. MINUTES Planning and Zoning Commission February 4, 1988 Page 4 Mr. Vihlen asked if he were to voluntarily withdraw the proposed family recreation and game room as an integral part of this operation, would it change the Boards' thoughts. The Chairman stated that as an applicant he had the right to withdraw this from the site plan. Mr. Vihlen stated that obviously another one month's delay or several weeks' delay would keep the building closed. Mr. Vihlen stated "Mr. Chairman, con- sider that item withdrawn ". Mr. Carli stated that on Page 1773, (3)(b), Elevations, floorplans and the use of all buildings and structures, floorplans are a part of what site plans have to have before they can make their recommendation. "For us to sit here this evening and to say that just because we drop one and not drop one, this is what we're going to recommend, I think we need to go by the book. our City Commission has already made a nice stand on this, they said "no ". I am appalled at our City staff tonight to allow this plan to come before us when we are dealing with "the handicap "." Chairman Morris stated that the concern evolving around this particular structure was tied to the recreation and game room. All concerns that this Board had were tied to the young people that would be in the situation that close to a drinking establishment where they had an unusually high amount of police calls. Mr. Speer felt that the interior of the building and the use that is designated is in compliance for the purpose and how they are going to use it. Mr. Speer stated that he felt we should give them these uses and delete the family recreation and game room. This building is in an area with limited use and that they have found there is a need for training handicaps and have a place of business for their purposes and we ought to encourage it. Mr. Carli stated that never did he say that we should not do anything but encourage it. He agreed with Mr. Speer; but thought we have rules, regulations and guide -lines that we must live up to. Mr. Vihlen stated that in withdrawing the request for the family recreation area and game roam, they would also delete from the site plan the fencing to be installed since it was solely for the use of restricting kids from going back and forth to the drinking establishment. There will be lighting only on the front and on the sides. The lighting that is proposed was withdrawn also. Mr. Carli made motion to deny. Motion died for lack of second. Mr. Keith made motion to approve the request with the stipulation that the game room be excluded but with the inclusion of the fence. Mr. Keith then felt that a new site plan was needed and withdrew his motion. Mr. Speer made motion to approve the request without the game room and that the applicant would not be required to put up the chain link fence and he will not be required to put up any outside lighting except that for whiche he and his customers or invitees desired. Mr. Davidson seconded. All in favor, Mr. Carli opposed to the motion. Notion carried. Mr. Harry Ellis, 618 Park Avenue, stated when the Residential Care Facilities ordinance was brought to the Planning and Zoning, it was brought under a public hearing and at MINUTES Planning and Zoning Cantiission February 4, 1988 Page 5 that time the Board tabled it to a workshop. It was to be brought back to public hearing, plus it was advertised in the paper as being a public hearing and the Board did not handle it as apublic hearing. Mr. Ellis stated t hat he thought it should be taken back so that input of the poeple who might be here could input additional infor- mation before it goes to the City. Chairman Morris entertained a motion to reopen the public hearing for the Congregate Care Facilities Ordinance. So raved by Mr. Davidson. Seconded by Mr. Keith. All in favor. Motion carried. Chairman Morris stated that the public hearing on our recommendations to the City Camussion on the amendment to the ordinance for the residential care facilities is now reopened. Mrs. Sonnenberg read the recommendations: The changes suggested to the Residential Care Facility Ordinance as made at the Planning and Zoning workshop, 1/28/88, are as follows: 1. Underlined Insertions SECTION 3: B. Deffinitions c. RCF Standards: (3). There shall be a responsible person over the age of eighteen (18) on site and on duty at all times while residents are in the facility. (5). There shall be sufficient outside recreational area: a minimum of fifty (50) square feet per resident. 2. SECTION 3. B. Definitions c. RCF Standards (8) Any residential care facility, whether or not it is inspected by any other govern- mental entity, shall be inspected annually by the City Fire Department for fire safety in accordance with applicable Fire Safety Codes as a condition 2recedent to an occupational license or any renewal thereof. 3. SECTION 3: B. Definitions 2 Resident A resident means a person who is provided with room, baord and personal care in a residential care facility including, but not limited to: elderly persons, physi- cally disabled persons, persons with a developmental disability as defined in 393.001(1), Florida Statutes, non - , dangerous persons who are mentally ill as defined in 394.455(3), Florida Statutes, and dependent children as defined in 39.01(9), Florida Statutes. The term "resident" shall not include any person determined to meet the criteria for involuntary placement set forth in 394.467(1), Florida Statutes, or any person who has been convicted of or entered a plea of guilty or nolo contendere, or has been found not guilty by reason of insanity of a forcible felony under 776.08, Florida Statutes, without regard to whether adjudication of MINUTES Planning and Zoning Ccm February 4, 1988 Page 6 guilt or imposition of sentence was suspended, deferred or withheld or My person who has a re-portable communicable disease as set forth in Florida Administrative Code - No. 10 D-3. 4. SECTION 3 . C. Permitted Use 1. Residential Care Facilities of Low Intensity DELETE: 1. A maximum of 4 residents SR -IAA, SR -lA, SR -1, MP -AA, MP-A SECTION 3 . C. Permitted Use 3. Conditional Use a. Residential Care Facilities of Low Intensity ADD: 1. A maximum of 4 residents SR -lAA, SR -lA, SR -1 MP-AA, MP -A 5. Correct F. Table of Zoning Districts with Allowable Intensities and Capacities to reflect the conditional use for SR -lAA, SR -lA, SR -1, MP -AA and MP-A. 6. Section 4. Article V Use Provisions, Section 1 SR -lAA, Single Family Residential District DELETE: "A. Uses Permitted 10. Residential care facilities of low intensity with a maxi- mum of four (4) residents." ADD: "B. Conditional Uses Permitted, 8. Residential care facilities of low intensity with a maximum of four (4) residents." Mr. Harry Ellis stated that he is scared of the ordinance, the way it is written. Who will check on the care? The City is opening the door for suits because it is licensing the facilities. Mr. Ellis stated that we cannot put all the burdens on the State. It is time for the City to take initiative, double check what is hap- pening. We need to cover our asses. Ms. Bonnie Durley, 2404 Key Avenue, stated that somebody does need to check the resi- dential care facilities. Ms. Durley stated that she is in agreement with the recommendations to the City Commission. There was no one else to speak in favor of or in opposition to the proposed recommen- dations for the Residential Care Facilities Ordinance. Mr. Keith made motion to approve recommendations. Mr. Speer seconded. All in favor, Mr. Carli opposed. Motion carries. MINUTES Planning and Zoning C audssion February 4, 1988 Page 7 Mr. Carli questioned the rear of the U -Haul establishment on 17 -92, Klunker Auto Sales. The southside was supposed to be nice and green, instead is has 12 klunker cars there. Mrs. Sonnenberg stated that it does belong to Mr. Ball but it is in the County. Chairman Morris stated that the site plan did not address that property. Mr. Carli suggested we call the County. Mr. Carli questioned the size of the sign at Ratliff's place. Wanted to know if it was the size that this Board approved. Mrs. Sonnenberg stated that we approved the sign location, not the size. Mr. Davidson stated that on Lake Mary Blvd. there are a lot of cars for sale. The sidewalk at the Industrial Park on Upsala is washing over into the road. Mr. Keith stated that Slim Galloway reported that at lst and Persimmon, a pipe sticks up out of the road that is dangerous and makes a lot of noise when people pass over it. Mr. LeRoy stated that it seems we are having an epidemic of new signs and larger signs. Recently on 17 -92 everybody is trying to go for a bigger sign. He would like to look into the Sign Ordinance and see if we could restrict the sizes of the signs. Mr. Simmons stated that he would be happy to look into any sign which may be in violation of the City code. Mr. Carli suggested we have Scotsdale Arizona send us a copy of their sign ordinance. Chairman Morris stated that at the church between 1st and 2nd Streets on French Avenue had about 40 kids in the yard. Kids running close to 17 -92. Mr. Keith moved to approve minutes. Mr. Davidson seconded. All in favor. Motion carried. Meeting adjourned at 8:30 P.M. Morris, Chairman