Loading...
122153-Special Session MINUTES 167 December 21 at 8 P.M. .~ 53 City Commission, Sanford, Florida ................................................................. ~¥ ........ The City Commission of the City of Sanford, Florida, met in Special Session at the City Hall in the City of Sanford, Florids, at 8:00 o'clock P. M. December 21, 1953. Present: Commission Randall Chase, Mayor " J.D. Cordell " John D. Ivey " John L. Kadet " W. H. Stemoer City Attorney A. Edwin Shlnholser City Clerk H. N. Bayer City Manager Thcs. L. Lemon Chief of Police R. G, Williams Commissioner-elect Earl Higginbotham Meeting called to order by the Ch~irmano The first order of business being a Public Hearing to consider rezoning certain dis- trlcts of the Zoning Ordinance, the Chairman directed the following legal notice to be read, which was published in the Sanford Herald on December 3rd, and 10th, 1953: LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSED CHANGES AND AMEND- MENTB IN CERTAIN DISTRICTS OF Ti~E ZONING ORDINANCE OF THE CITY OF SANFORD, FLOBIDA. Notice is hereby ~lven that a Public Hearing will be held at the office of the City Commission in the City Hall in the City of Sanfor4, Florida, at 8:00 o'clock P. M. December 21, 1953, to consider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: The property zoned in Districts R-l, R-1-A and R-1-B (Single-Family), abutting on or adjacent to property abutting on French Avenue between 18th Btreet and the center line of 26th Street, as extended westward, and more particularly described as the West 140 feet of the unplatted portion of the Southwest 1/4 of South- west 1/4of Northeast 1/4 of Section 36, Township 19, South, Range 30, East; Lots 158, 159 and 160 of S~nford Heights Addition; Lots 46, 47 an~ 48 of First Addition to Pine~rst; Lots 12 thru 21 of Block l, Lots I thru 5 of Block 8 and Lots l, 2, 3, 8 and 9 of Block 9, of Highland Park; Lots 3 thru 12 of Boyd's Subdivision; Lots 37 thru ~8 of Bonaventure; Lots 1 thru 24 of Beck's Addit%on; Lots 11 thru 20 of Block 15, and Lots 11 thru 20 of Block 16, of Dreamwold Third Bec- tion; Lots 19 thru 30 of Block 7, Lots 11 thru 26 of Block 8, Lots 1 thru 9-A of Block 9, Lots 1 thru 11 and Lots 23 and 24 of Block 14, and Lots 1, 2, 2-A, the North fraction of Lots 3 and 14 lying within the city limits, and Lots 15 thru 20 of Block_15, of Dreamwold, is proposed to be changed to C i (Commer- cial-Retail) District. All perties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florid,, t~is 2nd day of December, 1953. H. N. Bayer As City Clerk of the City o~ Sanford, Florida. TO BE PUBLISHED AB A LEGAL ADVERTIBEM4~T IN THE BANFORD HERALD ON DATES OF DECEMBER 3rd AND 10th, 1953. The Chairman then announced that the Commission would be glad to hear from any interested parties in favor of the proposed rezoning of the property described in the fore- going notice. Thereupon Harry Tooke, Jr., and Robert W. Williams, owners of vacnnt property abutting on French Avenue, both voiced their approval of the proposed rezonlng. The Chairman then announced that the Commission would be glad to hear from any interested parties against the proposed rezoning. Jimmy Wright. owner of new residence at corner of Barite Street and 0aceola Drive. MINUTES ' Retail) as advertised, but that he would not oppose the proposed rezoning if he was given some kind of protection ss to types of business to be conducted in front of his residence. Charles S. Norrison of 2600 Hiawatha Avenue next voiced his objections against the proposed rezoning. He pointed out that most of the residents in that vicinity had purchased their dwelling for homes instead of for speculation, and tnt they had attended the hearing of the Planning Board held on December 18, 1952, for the ourpose of considering the rezoning that portion of French Awmue in the Dreamwold section, and the. t they had agreed to the proposed C-T (Transient-Commercial) which was recommended by t~Board. He then requested the Commission to postcode the hearing until after t~ holiday season so as to give them an opportunity to have more representation present. J. E. Terwilliger, Jr., 2519 Hiawatha Avenue, also voiced his objections and concurred in the statements of Mr. Morrison. Robert S. Brown, Chairman of the Planning Board, next apoeared on behalf of the Board and read the following copy of their letter of recommendations of December 29, 1952, with request that same be recorded in the minutes of this hearing. He further requested Commission to review and reconsider their recommendations as to rezoning certain districts to C-T (Transient-Oommercial) because the Plannirk~ Board felt t~t it was still adequate for this particular area. Honorable City Commission Sanford, Florida. Gentlemen: Following the public hearing held by the Planning Board Thursday December 18th, we now wish to make the following recommendations regarding rezon- lng of certain sections of the City as follows: 1. That a new type district be adopted to be called Transient Commercial District. The district to read as follows: SECTION 13A, C-T TRANSIENT COE.~ERCIAL DISTRICT A. USES PERMITTED 1. Any use oermitted in the R-2 District. 2. Hotels, motels and tourist courts. Rests ursnts and other eating establishments. Automobile filling stations. 5. Retail stores except those dealing in second-hand merchandise. 6. Barber shops and beauty parlors. 7. Professional offices. 8. Automotive Sales Agencies. No use shall be permitted in this zone which is detrimental either to other establishments in the zone or to neighboring areas because of odor, smoke, dust, glare, vermin, fumes, fire, noise or vibration, or %~ich is hazardour because of danger of fire or explosion. The Board of Adjustment shall Judge whether s use is or is not detrimental in questionable cases, and may prescribe remedies which would make the use oermissible. Such remedial steps shall be described in writing by the Board of Adjustment. The applicant for a building or use permit s~sll contract to take such steps within a time stated in the agreement, and may be required to Dost a per- formance bond. In the event that the apolicant fails to take action as set forth in the agreement, within the time limit stated, the performance bond, if any, shall be forfeited and he shall be proceeded against as though he had built or made use of the premises without the required permit or permits. B. PARKING There shall be no curb parking on any main thorough-fare within this zone. C. BUILDING HEIGHT LIMIT The maximum building height shall be seventy-five (75) feet. D. BUILDING SITE AREA REQUIRED No minimum requirements, except that in no case shall a single, two family or multiple family dwelling be erected on a site which provides an area less net familv than is reouired under the minimum area provisions stipulated for MINUTES 169 City Commission, Sanford, Florida, .....D...e.o...e..rg..b...e.?....~..~...A.~.....8....~..,.....~..: ....... 19..~... R-1 and R-2 Districts. E. FRONT YARDS A front yard at least $0 feet in depth from the Adjacent highway right- of-way shall be provided. This yard may be used for off-street parking, and may contain markers and other devices to control such oarking. Parking in such front yards shall be so regulated and controlled as to prevent use of the highway for maneuvering incidental to parking, and entrances and exists shall be so designed as to insure a minimum of interference with highway traffic. Front yards may contain trees and other vegetation so long as vision from the highway is not materially impeded between 30 inches and 10 feet above the ground, and may also include inconspicuous lighting standards for the illumination of the front yard and other portions of the premises. A wall or hedge dot exceeding 30 inches in height may occupy the edges of such yard as a boundary marker. ~ Aside from the items eoecifically mentioned above, no building, struc- ture, sign, advertising device or display or any oortion thereof shall be constructed or set up in such front yards. F. SIDE AND REAR YARDS No building shall )-e erected within 20 feet of an adjacent b~ilding on neighboring property nor within 15 feet of any property line. G. SPECIAL RESTRICTIONS All parking areas and drives used by the public shall be surfaced in such a manner as to prevent nuisance from dust and standing water. Where a trensient commercial district borders a residential district, walls or Vegetative screening shall be provided as necessary to pre- vent headlights of automobiles or other lights from shining in win- dows of adjoining residential pro,arty. No source of incandescent lighting used for illuminating theparking area, advertising signs, or any portion of the property shall be directly visible to drivers on the highway, and no red or green illumination shall be nermitted within 100 feet of any street intersection. H. ENFORCEMENT The portion of this ordinance relating to curb parking shall be en- forced by the police department as though it were part of the traf- fic code of this city. (At the oublic hearing there were no objections voiced regarding the adoption of this new district). 2. REZONING OF FRENCH AVENUE a. It is recommended that the following portions of French Avenue be rezoned to C1 - COMMERCIAL RETAIL DISTRICT. The west side of French Avenue beginning at the north line of Lot 6, Block 3, Tier 9, thence going south to the middle of West Sth Street, one lot in depth, and the east side of French Avenue beginning at the north llne of Lot 9, Block 3, Tier 8 and going south to the middle of West 5th Btreet one lot in depth plus on the west side, Lots $6, b7 and 48 of First Add., to Pinehurst and on the east side, Lots l, 2 and 3 of Orange Heights, and the west 140 feet of the unsubdivided property on the east side of French Avenue between 18th and 19th Street plus lots 158 to 160 of Sanford Heights Addn., and beginning on the north side of Lot 3 of Boyd'e Subdivision south to 2bth Place, end Lots 12 to 21 of Block 1, Lots 1 to 5 of Block 8, and Lots 1 to 3, 8 & 9 of Block 9 of Highland Park plus Lots 1 to 12 of Beck'e Addition. (There were no objections raised at the public hearing regarding this rezonlng, and this resorting makes all Orooerty on both eldes of French Avenue from Seminole Boulevard south to 2~th Place either C2-COMMERCIAL INDUSTRIAL or C1 - CO~OrERCIAL RETAIL except orooerty owned by the Seminole ~ounty Board of Public Instruction.) b. It is further recommended that the following property be re- zoned to TRANSIENT COMNERCIAL DISTRICT: The West side of French Avenue from 24th Place to 25th Street one lot in depth, plus Lots I to 5 ~f Block 9, Dreamwold, and the east side of French Avenue from 2$th Place south to the City Limits, one lot in depth. (There were both objections to and requests for rezonlng regarding this section, said requests and objections being further referred to at the end of the next paragraph.) c. It is also recommended that the following land be rezoned to R2 - MULTIPLE FAMILY DISTRICT: MINUTES Commission, Sonford, FIor do, ....... The recommendations above rezoning part of the area south of 2$th Place to Transient Commercial and the balance R2 is in the unanimous opinion of this Board to be to the best interest of the City of Sanford as a whole and will do the least amount of harm, if any, to adjoining property owners to the district, and although being more restrictive than some property owners would like, does in our opinion not reduce the value of the property materially from the value it would have if it were zones as per their desires. 3. REZONING OF DREAMWOLD in It is recommended that all of Dreamwold remaining/zone R1AA, after that portion referred to in the previous recommendation had been re zoned RI, be rezoned from R1AA to R1A. (Th~s recommendation has received the approval of the majority of the residents within the zone and no objections were raised at the hearing) 4. REZONING OF HOSPITAL SITE PROPERTY, ETC. It is recommended that all that land lying east of First Street Extensinn and bounded on the south by East 2nd Street and on the east by Mellonvil]e Avenue and on the north by Lake Monroe be re zoned from R1AA to R2 - Multiple Family. (There were no objections to this recommendation.) It should be noted that R2 District allows hospitals. Respectfully submitted, CITY OF SANFORD PLANNING BOARD BY: S/ H. James Gut Secretary Thereupon after further discussion and study of the Zoning Map, and taking into consideration the objections filed, and the recommendations of Btemper moved that all the property described in the foregoing mercial-Ret~il) as proposed, except Lots 6 thru 9-A of Block 9, the Planning Board, Commissioner notice be rezoned to C-1 (Cpm- Lots I thru ll and 23 and 25 building to replace the one acquired from There being no further business ATTEST: him for French Avenue widening. the meeting adJou~nedo MAYO~- of Block 15, Lots 11 thru 21 of Block 8, and Lots 22 thru ~0 of Block 7, of Dresmwold; and that the e~ceoted property be rezoned to C-T (Transient-Commercial) in accordance ~th the recommendstlons of the Planning Board, and coucur~ence of the objecting property owners. Seconded by Commissioner Cor~ell and carried. Letter next submitted from Earl Higginbotham tendering his resignation as a member of the Board of Bond Trustees effective as of January ~, 1955, because of having been elected on the Board of City Commission. Thereupon Commissioner Stemoer moved the acceptance of same with regrets by letter of commendation. Seconded by Com~imsioner Ivey and carried. On motion of Commissioner Cordell, seconded by Commissioner Ivey and carried, minutes of adjourned regular meetings of November ~0 and December 7, 195~, next approved. Petition next submitted from residents within vicinity of R~llroad Avenue and Shepherd Avenue for installation of street light at said street intersection, and on recommendation of Chief of Police, motion was duly adopted for approval and authorization for same. On motl. on of Commissioner Cordell, seconded by Commissioner Stemoer and carried, the Commission nezt authorized payment of $250.00 to A. B. Peterson of St. Johns Realty Company, representing one-half of realtor's commission for procuring nine lots in Dreamwold Subdivision from Edgar Higgins for C. E. Spencer at price of $5,000.00 for purpose of site to construct new