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HomeMy WebLinkAbout02.01.68MINUTES ZONING AND PLANNING COMMISSION Regular Meeting February 1, 1968 8:00 P.M., City Commission Room City Hall, Sanford, Florida Present: Clifford W. McKibbin, Jr., Chairman Donald Bishop, Jr. John Daniels, Jr. Arthur Harris Robert E. Karns Phillip Logan John Mercer Building Official Linvel Risner Building Inspector Kermit Wallstedt Absent: Jefferson R. Davis Dr. C. F. Brooke Smith City Manager W. E. Knowles The Chairman called the meeting to order. The Chairman announced that the Board was in session to hear and consider the proposed rezoning applications of three separate pieces of property and advertised in the local Sanford Herald on January 30, 1968. Consideration was first given to the application of Mr. John Sauls as Trustee for the property owned by the Southern Methodist Church situated in a triangle shape, east of Persimmon Avenue in the area of West 8th Street and more particularly described as Beg. NW cor. of Rand's Addn. to Sanford; run E to NE cor. of same; N to Leesburg Br. of ACL R /R, SW to pt. of beg. Sec. 26, Twnshp 19, R 30, less street ROW; for a rezoning from R -5, One and Two Family Dwelling District to that of M -1, Light Industry. Mr. Sauls appeared before the Board. No concrete plans for the use of the property was presented. He stated that the property fronts north to the railroad right -of -way from a point at Persimmon Avenue, crossing 8th Street to a point at Pomegranite Avenue; there would be no construction east of the existing ditch with all construction west of the ditch; and commercial use of the property would be based on the re -sale of it. Z & P Minutes 2/1/68 -2- Mr. Daniels called attention to the fact that four residences abutting the church property on the south were presently using the church property for a road right -of -way into their property since there was no public access. Mr. Sauls stated that on re -sale of the property this problem would be worked out wherein they would see that these property owners were given an ingress and egress across the presently owned church property. Mr. Sauls also called attention to existing commercial property and operations of the Texaco, Inc. and Sinclair Refining Company on Persimmon Avenue and McCracken Road in the immediate area; in addition to a non - operative concrete plant situated outside the city limits but in the immediate area. Nathanial Jackson, 1712 West 8th Street appeared in behalf of the rezoning and acted as spokesman for five other persons present. He was under the impression that the rezoning was to take possession of his property through an expansion of the Good Samar.itan:.Home. Upon clarification of the matter with Nathanial, there was no statement from him or those he represented as to opposition or being in favor of. The second public hearing was held next and consideration given to the application of Mr. John Sauls, Trustee for the Southern Methodist Church property for the rezoning from R -1, Single Family Dwelling District to that of C -1, Neighborhood Commercial, that church -owned property described as Lot 7 and 8, Block I, Country Club Manor, Unit #1, and located on the southeast corner of West 20th Street and Hays Drive. Mr. Sauls, representing the request, presented no concrete plans for any commercial use of the property but stated that it was contemplated that on re -sale of the property the use would be for that of a 7 -11 grocery store and laundromat complex. He cited that on the city -owned Lot 9, adjacent and to the north of the church property, is the City sewer lift station and to the east, a block in distance, on 20th Street is an existing laundromat. He also called attention to the existing drainage ditch of 8 to 10 feet deep to the rear of the lots wherein under the existing conditions as cited, the property would be better used under a commercial zoning. Z & P Minutes 2/l/68 -3- Mr. James R. Hunter, 1906 Patrick Place, San Sem Knolls Subdivision, north of 20th Street, spoke in opposition of the rezoning in that the area is a residential subdivision with an existing and sufficient 7 -11 Grocery Store and Service Station to the west and the laundromat as pointed out by Mr. Sauls. He further stated that 20th Street is a traffic problem now by use of those persons living in the Loch Arbor and Lake Mary areas traveling to and from work and commercial establishments would tend to create a greater traffic hazard for the subdivision. Mr. Hunter stated that he was authorized to voice objection for his neighbors, that were unable to attend the meeting, as follows: Jay Clark, 1904 Patrick Place and James McDade, 1902 Patrick Place, and including an Andy Anderson. Mr. Gilbert Grant, 1210 West 20th Street, was present and voiced his objection to the commercial rezoning and reiterated the statements made by Mr. Hunter as the basis for his objection. The Chairman advised Mr. Sauls and those present to be heard on the two aforementioned public hearings that the Board would further consider and make their recommendations in their Executive Meeting at the end of the public hearings. The Third Public Hearing was held with John M. :Jenkins, Administrator of DeBary Manor Nursing and Convalescent Care - Retirement Life, Inc., Debary, Florida representing an appli- cation made by property owner Ella Slack and represented by Kenneth Slack as Broker -Agent for the rezoning from R -2, One and Two Family Dwelling District to that of R -3. Multiple Family Dwelling District for that property legally described as Lot 45, less the East 100 feet of the N k and all of Lot 46, J. E. Paces Subdivision; more particularly situated between 2nd and 4th Streets, west of Bay Avenue. Mr. Jenkins outlined and presented a plan for the use of the property of a nursing and retirement home for convales- cents on the area described due to its closeness to the hospital which would be an extended care facilities for the doctors calling on their patients and as a facility for taking care of medicare needs. The home would be similar to the DeBary Manor home in size with the initial stage consisting of a 50 -bed unit costing $10,000 per unit complete and the initial construction cost at a figure of $450,000. Depending on demand, they anticipated three years at a cost of a $1,000,000. Initial employment at the facility would be 50 persons. Mr. Wilbert Miller and Dr. Louis Perez, Members of the Board of Directors, were present. Z & P Minutes 2/l/68 - Mr. Jenkins stated that Mr. Graham, owner and operator of the Seminole Lodge Nursing Home, in the same area on Bay Avenue south of 2nd Street, was aware of their plans and did not st consider it as competition in that the Seminole Lodge Nursing Home was full to capacity the majority of the time and Mr. Graham was not contemplating an expansion at the present time in that his prior expansion.plans had not materialized. Further, 0 Mr. Jenkins stated that Mr. Graham, himself, had expressed a need in Sanford for an additional nursing home. UJ No one appeared to voice objection to the rezoning. The Q Board noted that a portion of the area facing on Second Street W and to be included in the property for the construction of the 0- nursing home was already zoned R -3. A rezoning would then be ° b an extension of the R -3 district. n After consideration and viewing of the plans, Mr. Harris p moved that it be recommended to the City Commission that Lot 45, m less the E 100 feet of the N� and all of Lot 46, J. E. Pace's S/D be rezoned from R -2 (One and Two Family Dwelling District) to that of R -3 (Multiple Family Dwelling District). Seconded by Mr. Karns and carried unanimously. The Board then went into a review of the rezoning request of Mr. Sauls for that property in the area of Persimmon and West 8th Street. Mr. Karns moved that the request be tabled until all prop- erty owners involved work out and present a plan for easement rights of ingress and egress concerning the existing dwellings. Seconded by Mr. Harris. Under further discussion, Mr. Karns withdrew his motion and Mr. Harris withdrew his second to the motion. ® Mr. Logan moved that the rezoning request to M -1, Light Industry, be denied by the Zoning and Planning Commission and so recommended to the City Commission that same be declined on the basis that after viewing the area, the change would definitely constitute "spot" zoning. Seconded by Mr. Harris and carried. In a general discussion prior to action on said request, the Board's concensus of opinion was that to encompass a larger Q w area, including the church, Texaco and Sinclair properties in an M -1 district would mean the inclusion of established residences W CL Cb �_ Z & P Minutes 2/1/68 -5- and vacant property that might be contemplated for future residences which would jeopardize these owners from building homes or enlarging the existing homes. The Board also noted that the church property is not adjacent to that of Texaco and Sinclair properties. The Board felt that there would be no objection to Mr. Sauls contacting these property owners as to their opinions on their property being zoned industry and the Board would then set a second public hearing to re- consider the matter further. The Board then proceeded to give further consideration to the request of Mr. Sauls for the rezoning to commercial of the church property in Country Club Manor. After lengthy discussion, Mr. Logan moved that the re- zoning request for that property as previously described and situated in Country Club Manor be denied and same be recommended to the City Commission in that it constitutes spot zoning in an area completely surrounded by R -1, residential use, and is not in compliance with the plat, existing subdivision regulations, and title restriction which holds that until the year of 1987 the subdivision land will remain residential use only unless 80% of the property owners in the subdivision so approve of a change.in the zoning. Seconded by Mr. Mercer and carried. John Henderson and brother appeared before the Board relative to an opinion as to the possibility of a public hearing being held to consider the rezoning from R -5 (one and two family dwelling district) to C -1, commercial, to allow them to enlarge a non - conforming use by tearing down and constructing a new building of a tavern, to include restaurant facilities, on the northwest corner of Locust Avenue and 7th Street. After dis- cussion, the Board recommended that Mr. Henderson proceed with the submission of a rezoning application to establish a date for a public hearing before the Zoning and Planning Commission. There being no further business, the meeting adjourned. Approved: G le G , G� r Chairman Approved: Secretary