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092765-Regular Session MINUTES September 27, at 8 P.H. City Commission,, Sanford, Florida The City Commission Of the City of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 P. M. on September 27, 1965. Present: Commissioner M. L. Raborn, Jr., Mayor " J.B. Baker " J.H. Crapps " Earl Higginbotham " A.L. Wilson City Clerk H. L. Whelchel Acting Police Chief A. S. Williams Absent: City Attorney Wm. C. Hutchison, Jr. City Manager W. E. ~owles Police Chief R. G. Williams The Chairman called the meeting to order. The first item of business was a ?ablic Hearing held to consider an appeal of the denial by the Zoning and Planning Commission of A. B. Peterson, Sr., requesting the rezoning from R-lA (One Family Dwelling) District to C-1 (Neighborhood Commercial) District of prop- erty located south of 25th Street, north of Sarita Street, and west of lots facing French Avenue, as advertised in the following legal notice published in the Sanford Herald on September 20, 1965. NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. on September 27, 1965, to consider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: That property zoned in District R-lA (One Family Dwelling), located south of 25th Street, north of Sarita Street and east of lots facing Highway 17-92, is proposed to be changed to C-1 (Neighborhood Commercial) District. Said property being more particularly described as follows: East 15 feet of Lots ll ~_d 54, Lots l0 and 55, Block 9, Dreamwold, according to plat thereof, Plat Book 5, Pages 90 and 91, and Plat Book 4, Pages 30 and 99, Public Records of Seminole County, Florida. All parties 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, Florida, this 13th day of September, 1965. H. L. Whelchel As City Clerk of the City of Sanford, Florida A.. B. Peterson appeared representing Howard L. Hughes, the owner of Lots 6 through 9-A, Lots 10, 55, and the east one-half of Lots ll and 54. Wesley S. Woodoon now holds as option to purchase the said property for the construction of a $45,000.00 commercial building to be known as the Burger Chef, pending the ~ezoning of the east 15 feet of Lots ll and 54, and all Lots l0 and 55 to commercial. It is planned to have an 80-foot set back on the 60-foot depth building off of French Avenue, for off-street parking, with entrances from French Avenue, and exits off 25th Street. Fir. Peterson submitted a letter, dated September 20, 1965, signed by Wesley S. Woodson, area representative for Burger Chef Systems, Inc., stating to Fir. Peterson that upon proper zoning and issuance of a building permit for this construction on this particular property, the said company would be agreeable to erect a MINUTES' ..~ September 27 at 8 P. M. 19 65 City. Commission. Sanford; Florida, '. .... ",~ · ~ six-foot fence of a decorative nature along the east side of the alley running through Lots ll and 34, Block 9, Dreamwold Subdivision. Don DeWitt, West 25th Street, abutting the property on the west, appeared and stated that he was still ~pposed to the rezoning, more particularly, on the basis on the potentiality of the area within the next ten years with foresight to the resale of his property as residential. There being no further objections registered, and after discussing and reviewing the substantiating items presented, Commissioner Higginbotham moved that the City Attorney be instructed to draw up the proper ordinance for the property to be rezoned as advertised, seconded by Commissioner Baker and carried. The Chairman next called a Public Hearing, tabled the meeting of September 13:, 1965, to consider the vacating and abandonmentS; of the south portion of the north-south alley, west of French Avenue on the north side of Sarita Street, as described in the follow- ingi'ffegal notice published in the Sanford Herald on September 3, 1965. NOTICE OF PROCEEDING FOR VACATING AND CLOSING AN ALLEY TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 8:00 o'clock P. H. on September 13, 1965, in the City Commissioners' Room at the City Hall in the City of Sanford, Florida, will consider and determine whether or not the City will close, vacate and abandon any right of the City and the public in and to that certain alley, hereinafter described, to wit: That portion of that certain north-south alley at the northwest corner of Sarita Street and French Avenue, further described as that alley lying west of Lots 6 through 9-A and east of Lot lO, Block 9, Dreamwold, Plat Book 3, Page 90. ~ Persons interested may appear and be heard at the time and place above specified. City Commission of the City of Sanford, Florida By: H. L. Whelchel, City Clerk The Chairman announced that the Commission would be glad to hear from anyone in favor of or against vacating and abandonment as advertised in the foregoing notice. There being no objections registered, and after discussion, Commissioner Higginbotham moved to instruct the City Attorney to draw the proper ordinance for first reading on October ll, 1965,i to vacate the south portion of the alley within the above description, predicated upon Howard L. Hughes paying the cost of~,~ J,~,t,, . ..20 for the relocating of the sewer line, seconded by Commissioner Baker and carried. The Chairman next announced that a Public Hearing was in session to consider the rezoning from R-5 (Oheand Two Family Dwelling) District to C-2 (General Commercial) District, the property proposed and described in the following legal notice, published in the Sanford Herald on September 20, 1965. NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. on September 27, 1965, to consider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: MINUTES City Commission, Sanford, Florida September 27 at 8 P. M. 19 65 That property zoned in District R-5 (One and Two Family Dwelling), located on the west side of Mulberry Avenue approximately at the northwest corner of 13th Street and Mulberry Avenue, is proposed to be changed to C-2 (General Commercial) District. Said property being more particularly described as follows: South 42 feet of the east 51 feet of Lot 8, Robinson's Survey All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City 03 Sanford, Florida, this 13th day of September, 1965. H. L. Whelchel As City Clerk of the City of Sanford, Florida The Chairman announced that the Commission would be glad to hear from anyone in favor of or against the r~zoning as adVertised in the foregoing notice. C. J. Mixon, owner of the abo~e mentioned property, appeared and stated that he was appealing the denial of the Zoning and Planning Commission to rezone his property, out- lining his plans to utilize the 42 feet for the parking of automobiles in conjunction with another 70-foot strip of now commercial zoned prbperty, to the north behind Hixon's Furniture Store on the northwest corner of West 13th Street and Mulberry Avenue, for the operation of a used car lot. He further stated that he had been issued a building permit to construct a'small office building on the north portion, zoned commercial; but, it was not sufficient size for residential construction after deductions for the required set backs, and that under the present zoning, the property was useless to him. Eugene LaFair, 1612 West 13th Street, spoke in favor of the rezoning, on the basis of the feasibility of extending the commercial zoning further to include his property. Ulyses Brown, 1707 West llth Street, stated that he was speaking in behal~ of his mother's property, and he too requested consideration regarding the extension of the com- mercial zoning to include this property. The Chairman suggested that the property owners in this immediate area who are interested in rez0ning their property to commercial appear before the Zoning and Planning Commission to present their request, with a concrete plan in mind for a commercial zoning of the area. There being no objections registered, and after discussion, Commissioner Higgin- botham moved that the prpperty be rezoned as advertised, and to authorize the City Attorney to prepare an ordinance pertaining to same. Seconded by Commissioner Crapps and carried. Consideration next given to the issuance of an alcoholic beverage license, for consumption on premises only, to the Celery City Lodge No. 542, LB.P.O.E. of W., at the address of 500 East Seventh Street, and operation to be under the jurisdiction of Jerry Walker. After discussion, and upon the approval of the Acting Police Chief, Commissioner Crapps moved on approval, seconded by Commissioner Baker and carried. The minutes of Commission meetings of August 23, 1965, and August 30, 1965, were next submitted for approval, and on motion of Commissioner Higginbotham, seconded by Commis- sioner Wilson and carried, same were approved and accepted as written. A letter dated September 24, 1965, from the Bankers Group, regarding the present 139 MINUTES City Commission, Sanford, Florida ': September 27 at 8 P. M. 19. 65 status of Holiday In~ and restaurant complex on the proposed lakefront development site, was next.submitted for consideration- The letter pointed out that Dr. and Mrs. B. J. LaCour would be proceeding with their construction plans of the Inn when the land area development site was actually showing progress by the City. In discussion, Commissioner Crapps pointed out that the letter needed no action on the City's part as the City Commission, in its meeting and action of August 30, 1965, in- structed the City Attorney to draw up a new agreement for the lease of four and one-half acres of land on the proposed project for the City Commission's approval, outlining the matters proposed in Dr. LaCour's agreement, but excluding the following: (1) the land de- velopment obligations required of the City, (2) plans and specifications, and (3) mortgage financing. Commissioner Baker and Commissioner Crapps noted that the City had not,as yet, received any papers from Dr. LaCour that firm up an agreement on his constructing a Holiday Inn on the lakefront development site, which the City now has under~ay and is obligating itself for. The Commission discussed the fact that Dr. LaCour should be informed that the City is performing its part of the agreement as proposed, and request that the agreement on his ilpart is now expected to firm up the City's commitments. No official action was taken on the discussion. Next submitted for discussion was information from the Finance Director, informing the Commission that under the billing of the newly adopted occupational license fee schedule several complaints had been registered as to the fee change from $50.00 to $150.00 on sale of beer and wine for consumption on premises. Also, that Mr. Smith, owner of Seminole Sporting Goods, had registered a complaint regarding the new license fee schedule, whereby he would have to pay a separate license fee of $75.00 on the handling of a minimum of guns, and that the sale of guns was only a courtesy to his regular patrons; therefore, he thought this license was an undue burden, as there are three occupational licenses required prior to this new one. No official action was taken on the discussion. Consideration next given to a written request from J. C. Johnson, Sr., 108 West 27th Street, for City annexation of his property. It is his intent, upon au~exation, to be connected to the City water system. The general location of the property is the northeast ~!corner of 27th Street and Oak Avenue platted street right-of-way, and across the street 'from ithe present boundary line of the City limits, legally defined as the west one-half of Lot 359,1 and all Lots 361 and 363 of Frank L. Woodruff's Subdivision. Commissioner Higginbotham moved ! that the City Attorney be instructed to draw up the proper ordinance upon the owner signing the standard annexation petition. Seconded by Commissioner Baker and carried. On motion of Commissioner Higginbotham, seconded by Commissioner Crapps and carried, Acting Police Chief Arnold S. Williams was appointed Chief of Police of the Sanford Police Department, effective October l, 1965. There being no further business, the meeting adjourned. ATTEST: ~ ~ City' Cler~