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03.01.01City of Sax, ^ rd Planning and Zoning 0 emission Regularly Scheduled Meeting, 7:00 P.M. Thursday, MARCH 1, 2001 City Commission Chambers, City Hall, Sanford, Florida AGENDA Hold a Public Hearing to consider a request for a Conditional Use for property located at 320 E. 29 Street in a SR-1, Single Family Dwelling Residential Zoning district, for the purpose of developing five duplexes. TABLED ON FEBRUARY Y 1 2001 Tax Parcel Number: tuber: '1 -20-30-519-0200-0010 Property Owner/ Representative: Barbara Jackson 2. Consider the Final Plat for Seminole Centre Val -Mart shopping plaza) located at 3653 Orlando Drive. Tax Parcel Numbers: 11 -2 - - 300 - 1B C -0000 & 12-20-30-300-012T-0000 (portion) Property Owner Fir cc of Merritt Island Inc Representatives: Irene Boyles and Larry Wray - CPH Engineers 3. Minutes. 4. Any other business from floor or Commission Members 5. Reports from Staff. ADVICE TO THE PUBLIC. If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Samford TS 286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the personnel office ADA Coordinator at 330 -5626, 48 hrs in advance of the meeting. F: ING\A ENDA\2oo113- 1.ol.wpd MINUTES PLANNING AND ZONING COMMISSION ME II G of MAR 1, 2001 "7400 PM. CITY COMMISSION CHAMBE CITY SANFORI , F MEMBERS P E E1 T. Ross Robert Kevin Hipes Carol Dennison Michael Skat Bobby VonHerbulis Andrew Kt Otto Garrett MEMBERS ABSENT: James Valerino- excised Ratni Yose - excused OTHERS PRESENT: T: Russ Gibson, Land Development Manager Matson Anderson, Recording Secretary Mr. Sat called the meeting to order at 7:00 P.I.I. The first item was to hold a Public Hearing to consider a request for a Conditional Use for property located at 320 E. 29t Street in a S -1, Single Family Dwelling Residential Zoning District, for the purpose of developing five duplexes. Tabled on February 15, 2001. Mr. Robert moved to remove frotn the table. Seconded by Mr. VonHerbulis and Ms. Dennison. All in favor. Motion carried. Barbara Jackson, 11 S. Holly Avenue, represented the request. She stated that she i request mg mg to place five duplexes specifically for seniors and disabled on this property. There will be handicap access and things specifically for their needs. The units will blend into the neighborhood. They are designed so that they will look more like single fanny homes. This is a very comp dble use for the neighborhood. She i in agreement with the four duplexes that Staff has recommended. Mr. Robert stated that this is beautiful site with beautiful trees. He will not be in favor of the request unless there is someway to preserve some of the spe irnen trees and in addition, on the west side, unless r wood fencing along the entire line. Ids. Jackson stated that the trees are a part of why she purchased the property. It is a lovely, tranquil setting for seniors. She stated that she had in mind to finish the vegetation barrier on the 29' Street side. If the neighbors indicate that they would prefer MIN U lS PLANNING AND ZONING COMMISSION MEETING OF MARCH 1 2001 PAGE 2 a fence, t'uis will be fine. There is not a need for fencing on the north side. The American Legion already has a concrete block fence. on the west side, there will be some landscaping. She believes the duplexes will be a good barrier between the commercial and the single famRy uni ts. J Ball, 90 Forest Ttai1, Oviedo, stated that the applicant agrees to staffs requirements and recommendations. He stated that they discussed, with staff, the potential of some fleidbility with the lot layouts regarding the trees. Mr. Gibson stated that there are considerations to Palmetto Avenue being more of a driveway configuration to work towards saving some of the specimen trees in the Pahx etto Avenue right of way. This is not a standard, thru street. It is a dead -end cul-de-sac that would facilitate allowing that type of configuration of the parking rather than having an on -site parking lot layout for each of the individual duplexes. There is some depth to these lots, here could be deeper driveways so that a continuous row of pang can't be seen. The plan warrants fiarther review. Mr. Gibson stated that this is a type of land use its between multi family and single family. It is not unprecedented to have the standard driveway perpendicular to the right of way for duplexes, but not necessarily when there are four or five in a row. Mr. Skat asked if it is in the Comprehensive Plan where this type of housing, senior disabled, low income, subsidized housing, etc. that our future plans show more than adequate housing of this type. Mr. Gibson stated that it very well may be. He was not certain. Mr. Skat did not want to set precedent of putting a duplex into a single family residential district without just cause for granting a conditional use. Mt. Gibson stated that this is a specific proposed use for the two - family. There may be a proposed character of use as far as the tenants that she may try to accommodate the use for. ''here could be fair consideration of c stipulations to require that, although he didn't thinly that is what her m' tent or interest is, to acconmodate entirely. As fair as the fact that this zoning is single &M@Y resident 1, although sornewhat tran sitional in the fact that it abuts con=erciA Ms. Jackson has an existing two- faraily property on the opposing side of the American Leggy. n site which is zoned commercial, and again it illustrates the fact that this area does ac o=modate a rnWdtude of these existing two family properties. Specifically, hears might be non - descriptive, perhaps on pass -by it wouldn't be recognized as being a two family dwelling. He stated that he thinks this is the type of character of use that is anticipated for this prop' on the southside of the American Legion to accommodate as well. Maylene Jackson, 2881 Palmetto Avenue, spoke in opposition. She stated that her property is direct facing the property in request. Her and her husband built their home with their own Lands on a 75' lot. She was not Wil ed about anyone co in and building little bitty houses on 50' wide lots. This is a business for Ms. B. Jackson and it will affect the neighborhood. All of the neighbors do not want to change the neighborhood from single famdy dwelling to multiple family dweUing. She stated that Ms. B. Jackson catne to her house a couple of days ago and gave her a paper. On the paper it states that her alternative plan for this land should the duplexes be denied, is to build four bedroom horses for large low income families which requires no city approval., and having lived in the neighborhood, MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 1 2001 PAGE 3 on the other side of the American Legion, Ms. B. Jackson feels there are too many unsupervised children already and in fact has had several instances of crimin nruischief by unsupervised youths on her property. M. M. Jackson stated that personally, she took that as somewhat of a threat, that she has a choice that she can either put with her putting duplexes in, and ghat is her guarantee that these units will arrays be for seniors, that they wiH not change and not open up the door for the person who owns the property on the southsid of 9' St. to come in and put in duplexes or quadrople es, for low income. 'Flier do not want their neighborhood to becorne low income. She thinks this will be dett-imental to their neighborhood. She would much rather look at four houses than eight or ten apartrnen ts. Andy Curry, 2857 S. I.lanolia Avenue, spoke in opposition. She stated that renters do not care the way homeowners ir e about their property. Her fence and screen doors have been destroyed by renters in her neighborhood. There are plenty of areas that Ms. Jackson can build in, there are plenty of rentals already in the area, they don't need anymore. Duplexes wifl only add to the problems that the surrounding property owners are trying to face. Ikon Bailey, 3121A Oak Avenue, spoke in favor of the request. He stated that he lives in one of Ms. Jackson apartrnent . 1he houses that Ms. Jackson owns are in very good shape. He stated that he is a disabled Vet. If it wasn't for Ms. Jackson, he would still be Ding on a street corner or in the back of his car. He stated that if Ms. Jackson says that she is building this for the disabled and the elderly, then she is building it for the disabled and the elderly. She wiR not put in people that will tear apart the house, who will bring clown the quality of life in the neighborhood. She is out to help people. She is not out to make a whole bunch of money, she is not out to mak a big name for herself. She is here to help people like him. Dean Ray spoke in favor of the request. He recommended that the omrluission work with Ms. Jackson on this project. He stated that he has been in over 40 of her units and they are in very good condition. She is not an absent landlord. 1homas G ' 435 Country Club Road, Lake I1 axy, spoke in opposition on behalf of Jackie Davis and some of the other residents in the area. He stated that these are duplexes, multi family units, proposed to be introduced into a single family neighborhood. This will begs to charge the character of the established single family neighborhood. The City has other areas designated for multi family. What is the compelling public purpose for locating these higher density multi family uni ts within a lower density single fairdy area? The City's staff proposal to reduce down to four duplexes still changes the nature and the character of the single fly residential neighborhood. what is the purpose of the City having designated single family zoning districts if the City will not seep and preserve the integrity of the zoning districts? Jan Griner, 2901 S. Pahr etto, was w opposition. She stated that she did not know much about codes, compliance or what the zoning is or not but she does know her children, her family, and her home, and neighbors. She is aware of the proposed construction at 320 29 Street and the property is across the street from her home. Her and her husband based their decision on several factors. One thing MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 1, 2001 PA GE 4 they Tike most is that they are surrounded by single fatrfly homes, other children and midge Mass f 'Mikes trying to remake a difference, both in their lives and them properties. She can honestly say that had there been apartments across the street from her hone, they would not have obligated themselves to thirty -year mortgage in this neighborhood. She stated that them, like many of the other families here, have worked very hard to get out of subsidized homes, apartment life, and high crim neighborhoods. She asked the Corn fission to consider property value. She is concerned with the value of her home being affected by this construction. The inclusion of mud family homes wiI decrease their property value. She stated that GIs. Jackson recently approached aU of the neighbors with a letter to the conmumty stating that in the event the duplexes do not pass through the City, she will build four bedroom homes for large low income fames. Ms. Griner stated that this was an instigation packet to be coerced into choosing the lesser of two evils. She stated that they are a real co mutut , with real concerns about they homes and their families. Ms. Griner stated that she located hough Pubic Records a list of 39 addresses currently owned by Ms. Jackson. The majority of the addresses are located below 23 Street. Again through Public Records she pulled up inform d n per ainino to crim Mates and occupancy for that specific area. In contrast to their neighborhood renters remake up 0% of the population. Their violent dimes are 40% higher than when comparing the numbers for non - violent crim between two areas, the ratio is 3 to 1. The demographic, socioecononu , and residential differences are s*ni cant and are reaUy the reasons they have chosen their neighborhood, as opposed to adjoining neighborhoods like the one in wWch Ms. Jackson owns most of her properties. This is not to say that she contributes to the crime rate but only to acknowledge that there is a difference between single family development and multi f= Ay developments. Ms. Griner stated that as she and Ms. Jackson has discussed, she totally supports the concept of providing housing for handicap, elderly, rehabilitative drug addicts, single mothers and fathers that pay too mini child support. However, not wowing which one of these is Bing across the street from her three children, she does not have a lot of confidence about the safety or the future of the proposed facility. She believes the development of duplexes for sub idUzing housing will undermine the integrity of their neighborhood and their overall. goal to better they community. jacquehne Davis, 2859 S. Magnolia, was in opposition. She stated that when she bought her home, she came out of a comae area. She is raising her three gran.dchildren. She stand that when Ms. Jackson came to her home, Ms. Jackson made her feel violated because she used them. Ms. Jackson told her the other neighbors agreed with bulb the duplexes. Ibis. Davis stated that this is her first time owning a home and she is very proud, She is not o.k. with someone allowing themselves to manipulate others. J.1 R. Ball stated that these are not subsidized facilities. He stated that they did not wish to cone the pro - active approach of Ms. Jackson giving out information with coercion. They were made agate of difficulties with the locals and IVs. Jackson took it upon herself to get something together. Unfortmately, it may not have been weU received but the fact is it was an attempt to provide information to the neighbors. IINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 1, 2001 PAGE Mr. Robert stated that the Commission has heard a lot of evidence and the property values along with the quality of life is really itnportant to the neighbors. He understands that a conditional use in the neighborhood for duplexes and single family is allowable, but the compromise as proposed by City staff is a reasonable one. Mr. Robert moved to approve, not the applicant's request, but the City's proposal and he wanted to be sure that a tree preservation plan accurately showing the specimen trees to be saved, and that only four units can be put on 75' wide lots, and he wants to see a 6' high wood fence maintained and constructed on the west side behind these units, and for these units not to be little cracker boxes but a nu'n utn of 1,000 square feet each, and all of the other reasons enumerated by Staff leads to the conclusion that this will be a reasonable use and main those property values and duality of life for the neighbors. Motion died for lack of a second. Mr. VonHerbulis stated that he had listened to lot of arg=ents from both directions arid felt if this was the only option for this piece of property, he would probably be more in favor for it. It is prune and set up for single family residences. He stated that this Board has heard hirn op fining about approving a lot of multi fariy housing and small subdivision lots. This set up is a prime example of ghat he considers single fancily residences should be, with one house on a 75' lot. He feels the best use of this property would be single family residential and for Ifs. Jackson to build single family residences that she could rent out, Mr. VonHerbuhs moved to deny the request for these reasons. Seconded by Mr. Hipes for discussion. Mr. wipes stated that he agrees with Mr. Von erbuli , however there are situations where the Commission has made exceptions for duplexes so there are reasons to give serious consideration for this application. However, he had concerns about using the conditional use to approve four in a roar, adding eight apartments or four duplexes would have more of an impact on the area than what the conditional use was designed for. Mr. Skat stated that he had a problem with this mostly because the property could be sold and turned over to someone else and the conditional use would apply with another owner. Mr. Robert in opposition. All others in favor. Motion carried. The next item on the Agenda was the consideration of the Final Flat for Seminole Centre (Wal-Mart shopping pia) located at 3653 Orlando Drive. Mr. Hipes abstained. Larry Win es, CPH Engineers, 500 W. Fulton Street, was present. Mr. VonHerbulis moved to approve the final plat of the Seminole Centre properties located at the southeast corner of Americana Blvd. 17 -92 per Staff s recommendations. Seconded by Mr. Garrett. All ire favor. Motion carried. Ms. Dennison moved to approve the Minutes as circulated. Seconded by Mr. Hipes. All in favor. Motion carried. Mr. Skat asked if Staff could check on how the City of Orlando did the age restriction of Lake Eola Park for Park on Park. Ir. Skat also asked the Commission if it wanted to do something to slow down the amount of apartment development of 1 . To say that we would life to put it its front of the Cowin that MINUTES PLANNING AND ZONING COMMISSION MEETING DP MARCH 1, 2001 PAGE 6 we think we have enough going ova, we have enough PDs that are apartments right slow, can we s low them d own in some way. We could -recommend this to the Commission. He stated that he w e have enough zoning to allow continued development of apartment complexes without having to strip away more agric ultural an properties like this for now. He is just saying 6 months, to let us catch our breath. Mr. VonHerbW s stated that we have the same thing with a ton of s su bdivisions that h ave come in. Our area is epe.encing extreme growth that we as Board Members have a chance to be able to curve and mold a little bit to make it as good of a community as we can. Part o our responsibility i not app ro ving everything that comes across the board, not allowing anybody that wants to change our z o ni ng from less houses to more houses, more units, but we can do this starting here at Staff level but we have to be careful on how we try to slow it down or stop it. Mr. Gibson stated that he concurs with what this Board is commissioned to do and the opportunity to co�unxcate to the City Commission with regard to these end use policies. The most critical opportunity that this Board has to these land use decisions, and Land use policies is when land use amendments to the Comprehensive flan are being considered. Mr. Robert stated that he wanted his feelings com aunicated to the City Corr t sion as well. He thinks s the apartments belong on the west side and the infrastructure is there to support them. The only thing he would lik to see is concurrency for educational facilities. He did not want his minion given to the City Conunissi n that they should hold a moratorium We don't want them in the single family ncigaborhoods or in the duplex neighborhoods. The intense use belongs on the west side. Mr. Kutz stated that them desperately needs to be a traffic a ly is done. An overall comprehensive analysis to see ghat is happening and how bad the City is being hurt. We have to have a waster plan. He also stated that the Co tr ssion i s entitled to and must have a presentation on the Riverwalk. It was d eci de d that the Commission, along with the Alternates, should have a review on the Sunshine Law. "here being no further business, the meeting adjourned at 8:30 P.m. X ichaelr S at, Chairman