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HomeMy WebLinkAbout06.18.87MINUTES Planning and Zoning Camiission Meeting of June 18, 1987 7:00 P.M. City Carmi.ssion Chambers Members Present: Eddie Keith John Morris Sheila Roberts Jay Malone Joe Dennison John LeRoy Gary Davidson Members Absent: Dr. Hortense Evans Brent Carli Others Present: Bettie Sonnenberg, Zoning Inspector Jay Marder, City Planner 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 the consideration of a request for a conditional use in a GC -2 zone for the purpose of sale of alcoholic beverages for consumption on pre- mises at 2501 South French Avenue, represented by Mr. Paul Baio. Mr. Baio stated that the request is for consumption on premises of beer and wine and delivery will be available. Mr. Baio said that they are licensed through the state and all drivers have permits. Mr. Baio also said that alcoholic beverages would be sold with food only. Mr. Keith asked if the customers could buy and take the beverages with them. Mr. Baio said yes, in closed containers. If at any time they buy a bottle of wine and can't consume on premises, he checked with the State of Florida, and as long as the cork is returned to the bottle, pushed down as far as it will go, they may leave the establishment with the wine. There was no one else to speak on behalf of or in opposition to the proposed con- ditional use. Mr. Malone move to approve the conditional use. Mrs. Roberts seconded. All in favor, Mr. Keith opposed. Motion carried. The next item on the agenda was the consideration of a final plat for an Industrial Park located east of Airport Boulevard abutting south side of McCracken Road, RI -1 zoning, represented by Mr. Jim Branch of Conklin, Porter & Holmes Engineers, Inc. Mr. LeRoy asked how long will the temporary earth bern be in place. Mr. Branch stated that it would depend on whether Smith Avenue is opened and whether the pro- MINUTES - PLANNING AMID ZONING COMMISSION - June 18, 1987 - 7:00 P.M. Page 2 perty to the east is bought and becomes of use. The only purpose right now is to buffer this property from the adjacent piece. Mr. Keith made motion to approve the final plat. Mr. Dennison seconded. All in favor. No opposed. Notion carried. The next item on the agenda was the consideration of the site plan for a change of use from a single family residence to an antique shop located at 700 West 1st Street, GC -2 zoning, represented by Mr. Randall Grant. Mr. 'Keith asked if anyone would be living in the house. Mr. Grant said no. Mr. Davidson asked the hours of operation. Mr. Grant stated from 10:00 to 6:00. The Chairman ask-ed if he owned the property to the east that is shown for parking. Mr. Grant stated "no ", but he has an approval for right -of- -way parking fram the -City Commission. The Chairman asked Mr. Grant what would he do if Maple Avenue were widened. Mr. Simmons stated that if Maple Avenue is ever widened, Mr. Grant would have to project the west side of his parking spaces on up into his property. Mr. Simmons stated that the City Commission approved a right - of-way use permit and he didn't believe that the retention was shown on the right -of -way use application. Mr. Grant stated that he was instructed by Rick Holloway on the retention. Mr. Malone moved for approval subject to the proper application for sign permit and approval of City Commission for the retention area. Mr. LeRoy seconded. All in favor. No opposed. Notion carried. The next item was the consideration for site plan for an auto sales lot located at 1315 West 1st Street, GC -2 zoning, represented by Bob Jackson. The Chairman asked Mr. Jackson how many cars will he have on the lot at any one time. Mr. Jackson stated that he didn't know but would start out with 10 to 12 minimum. Mr. Jackson stated that there would be no major work done on cars there, just minor work. The Chairman asked Mr. Simmons if there would be enough radius to make a turn on the east side of the island based on an engineering aspect. Mr. Simmons said that there is sufficient space there; 6' off the curb with 14' off the island, undimensioned distance of perhaps 5 this will allow for the turn to be made. Mr. LeRoy asked which base would be used for signage. Mr. Jackson stated the one that has a sign now, with the other two bases being used for lighting. Mr. Dennison made a motion to approve site plan. Seconded by Mr. Davidson. Mr. Malone stated that he would like to see directional signs included on the site plan. Mr. Simmons stated that with the signage to be painted on the pavement, only a vertical type of "One Way Only" would be needed on Mangoustine Avenue. Mr. Morris stated to Mr. Jackson that the Board would approve the site plan with the vertical "One Way Only" sign incor- porated into the motion. All in favor. Motion carried. The next item on the agenda was the request for approval of a temporary site plan for property located at 2710 -1716 Orlando Drive, GC -2 zoning, represented by Mr. John Childers. Mr. Childers stated that he was seeking interim approval of the existing site until the property can be totally redone. The problem that he is having is that the used car lot there cannot get an occupational license. A new site plan will take all the buildings down and put in a new automotive center. This will take one year to cam- plete. Mr. Malone asked how long has he known he needed a site plan. Mr. Childers stated all along. His Civil Engineer says we don't need storm calculations MINUTES - PLANNING AMID ZONING CONMISSION - June 18, 1987 - 7:00 P.M. Page 3 or water calculations just to show what is existing, but the City says we need all these things. Mr. Simmons stated that they are trying to conduct a business and can- not get a license because they don't have an approved site plan. What Mr. Childers wants to do is to completely rebuild the facility. To do that he has to go through and do the planning and then come back to this Board for approval of the site plan for the new construction. Then there is a question of whether or not he has to complete that new construction and get a C.O. on the new construction before he can get the business licensed; so, this is why he is asking for an interim approval of a temporary site plan. The Chairman asked Mr. Childers how he planned to tear down and rebuild the property and maintain a business at the same time. Mr. Childers stated that the total building will be built behind existing building. Mr. Malone asked Mr. Childers if he was talking about allowing the automobile car lot to continue in violation. Mr. Childers stated that he wanted the Board to approve an "as is" site plan which would make the automobile car lot legal. The Chairman stated that if we approve the site plan as presented that would then allow the owners selling autcmobi- les to get an occupational license which would make them legal. Mr. Malone recommended denial of the temporary site plan. Mrs. Roberts seconded. Mr. Keith stated that it is dangerous the way the cars are parked and for display with people caning in and out and agreed with Mr. Malone. The Chairman stated that the Board always has the option to modify the existing site plan to have the automo- biles removed from the area where it is thought to be dangerous. Mr. Malone stated that if it is to be modified then he would suggest it be modified properly and brought back as an approved site plan that we could be worked with. Mr. Childers stated that he has not been able to get any written instructions from the City. Chairman Morris suggested that Mr. Childers have his engineers do site plan, and petition the City Manager for temporary occupational license for car lot that would terminate on the presentation of the new site plan. Once the site plan is presented the Board could examine the area as a whole taking into consideration the ongoing business being maintained in the front while building in the back. Mr. Malone stated that he could not see how the City Manager could grant an occupational license to a business that is operating on a piece of property that does not conform to the City Zoning laws. Mr. Simmons stated that our code deals with specific requirements, not how he should design his site, or propose it. This has to cane from him or his designer to be pre- sented to the City on an approved, modified or disapproved basis. Mr. Simmons stated that he recommended Mr. Childers come before the Board to get some measure of tem- porary approval. He would have difficulty recommending to the City Manager that he issue same type of temporary business occupational license without the benefit of some type of approval of a temporary site plan even if it is for a short time. Mr. LeRoy asked Mr. Childers if he could bring in a plan or concept that he want by the next meeting. Mr. Childers stated yes. It would have the placement of the building, the parking spaces, the retention areas, and the curb cuts; the calculations for stormwater retention would take a while longer. Mr. LeRoy made a motion to table until July 2, 1987 meeting. Mr. Davidson seconded. 6 were in favor. Mr. Malone opposed. Motion carried. MINUTES - PLANNING AMID ZONING COMMISSION - June 18, 1987 - 7:00 P.M. Page 4 Next item on the agenda was staff's approval of site plan for Pizza Kwik /Training Facility, located at 201 West 1st Street, SC -3 zoning. Mrs. Sonnenberg stated that there would be no more than 10 people there at one time with no sales. A training facility only; an extension of the office use. Addendum to the agenda was the revision to the site plan for the First Union Bank Renovation /Parking Lot, located at 101 East First Street in a SC -3 zone, represented by Mr. Robert Whitaker. Mr. Whitaker stated that they would like to add a 14' dri- veway off of Park Avenue onto the parking lot giving it a better flow. This would shorten the wall by 10'. Mr. Whitaker also stated that in the original site plan no provision was provided to cover the 2'6" fall from 2nd Street to the alleyway; so, if they had started out with a 5 wall by the time he got to the Bank the wall would be about 8' high. It is being stepped in about 8' increments to bring it into an average height of what was approved on the original site plan. The Chairman asked if Mr. Whitaker was making a dual entrance as opposed to single. Mr. Whitaker stated "yes, mainly because the alleyway has so many obstructions -due to the fire escape, telephone and light poles". Mr. Simmons stated that what is in the alley now relative to clearances, particularly the overhang fran the fire escape, will allow even the highest standard tractor trailer to get through there. This is a pre - existing condition. Mr. Simmons stated that he feels it is much more desirable to have a separate entrance for the tellers and parking lot than to utilize the City alley. Mr. Dennison asked Mr. Whitaker if any parking spaces would be eliminated. Mr. Whitaker said they would end up with exactly one more parking space than what was shown originally. The median would be landscaped. Mr. Whitaker stated that there would be a bank entrance sign right at the end of the brick wall at the end of the landscaped area. On the north side out, by the tree in the landscaped area, there will be a sign stating not a bank entrance. Mr. Malone made motion to approve based on signage acceptable to the City. Mrs. Roberts seconded. All in favor. Notion carried. Mr. Coker of Coker Car Wash on 25th Street stated that on the approved site plan a 6' privacy fence was approved. When he approached the neighbor, she did not want a wooden fence. Mr. Coker has located 6' red tip hedges and checked with the neigh- bor. The neighbor said this would be acceptable to her. Mr. Coker requests that he be allowed to put in privacy hedges instead of the wooden fence. Mr. Malone made motion to approve. Seconded by Mr. Davidson. All in favor. Motion carried. Mr. Charles Volk, owner /operator /franchisee of Monroe Harbor stated that he would like to enclose another 25' extension for an overhang on the west side of the building for boat display. No parking spaces are being eliminated. Mr. Simmons stated that he was not certain that that space outside of the west wall is leased to Mr. Volk; Mr. Simmons is to check on this. Under staff reports, Mrs. Sonnenberg stated that Aristocrat will submit an as -built as to the work that has been done and what is proposed to be done by next week. MINUTES - PLANNING AMID ZONING COMMISSION - June 18, 1987 - 7:00 P.M. Page 5 Relative to hoe occupation licenses Mr. Simmons stated that he is a little confused as to the intention of Planning and Zoning Commission regarding the types of here occupational licenses that are being talked about. Other than telephone service only, no hoe occupational licenses have been issued without Planning and Zoning review. Chairman Morris stated that the concerns have been parking of work vehicles at home, i.e., landscapers, paint -ers. Mr. Simmons stated that it appears to be more of a code enforcement situation rather than a change in authority by Planning and Zoning Commission. Mr. Morris asked staff to gather information from other cities relative to hone occupation licenses. Mr. Malone requested a metro of what constitu- tes judgement calls or guidelines as to telephone only hone occupational licenses. Mr. Davidson requested staff to check on county vehicles being parked out by J.C. Penny's. Mr. Simmons to check. Mr. Keith requested the City check on the laws on open containers of alcoholic beverages to see if Carlos is able to put the cork back in a half bottle of wine and the customer take it out. Mr. LeRoy stated that out near Harbor One it is deplorable and the beach area is not being maintained. Chairman Morris stated that Code Enforcement has been over there and it is according to the site plan; the City Commission approved the site plan. Mr. Simmons stated that the building foundation is approximately 1' inside of the line of the outleased property; a permanent portion of the building cantilevers out beyond that and the boardwalks, which were approved in the original site plan, are temporary structures that go beyond that point. Mr. Simmons also stated that the air conditioning condensors, transformer and switch gear, none of which are normally shown on the site plan, all fall inside of an imaginary line if you trace from the furtherest extension north of the approved boardwalk area. Mr. Malone suggested that the deficiencies be brought to the attention of the City Commission. Chairman Morris entertained a motion to approve minutes. Mr. Malone so moved. Seconded by Mrs. Roberts and Mr. Davidson. All in favor. The motion carried to reflect Mr. Marder's recommendation that the planning recc mrendations be attached to the original minutes. Meeting adjourned at 8:47 P.M.